Ordinance No. 14,386ORDINANCE NO. 14,386
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 AN INTERLOCAL AGREEMENT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE CITIZENS
BANK BUILDING RENOVATION PROJECT; 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
the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with the
Baytown Municipal Development District for the Citizens Bank Building Renovation Project. A
copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents
and purposes.
Section 2: 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 14th day of May, 2020.
DON CAPETIL Aayor
ATTEST:
\—A '&- .
LEIICIX BRYSCH, Ci C rk
APPROVED AS TO FORM:
QASVWI�-�
KAREN L. HORNER, Interim City Attorney
��F gpYTOyt�y
o F`
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R.'.Karen Files •.City Council Ordinances\2020\May 14 Ordinance - MDD Interlocal Agreement - Citizens Bank Building Renovation Project.doc
Exhibit "A"
SECOND AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
ELEMENT ARCHITECTS, LLC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain "Professional Services
Agreement" between the City of Baytown and Element Architects, LLC, dated the 28'h day of November,
2018, is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and Element Architects, LLC
("CONSULTANT") did enter into an Agreement for Professional Services, dated the 28`h day of
November, 2018, (the "Agreement") to perform architectural and engineering services for the renovation
of the Citizen Bank Building located at 313 W Texas Ave, Baytown, TX 77520 (the "Project") for and on
behalf of the OWNER; and
WHEREAS, on November 27, 2019, OWNER and CONSULTANT entered into the First
Amendment to the Agreement (the "First Amendment") to perform certain conceptual design services to
provide up to three (3) options for occupancy types in the Citizens Bank Building; and
WHEREAS, OWNER now desires CONSULTANT to perform certain additional services; and
WHEREAS, CONSULTANT desires to perform such services under the terms and conditions
specified herein;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Second Amendment shall have the same meanings as in the First Amendment and the
Agreement.
2. Amendments
a. Section A2.01 "Additional Services Requiring OWNER's Authorization in Advance," of
Exhibit "A" of the Agreement is hereby amended to read as follows:
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER s Authorization in Advance
Second Amendment to the Agreement for Professional Services, Page I
A. CONSULTANT shall:
1. Modify the cancelled shell building project set of permit drawings to
reflect the scope detailed in this Second Amendment, which shall include:
a. Keeping the existing fagade and approximately 50' of structure
behind it along West Texas Avenue.
b. Detailing repairs for the portions of the fagade that are failing.
c. Providing Specifications for a new roof
d. Providing drawings for a space approximately 6000 — 7000 SF to
function as the City of Baytown Utility Billing Department
e. Removing the Mezzanine from the Project; and
£ Provide surface parking for the number required in the Code of
Ordinances, Baytown, Texas.
Perform the following architectural services:
a. Conceptual Design - Site plan and floor plan sketches.
b. Schematic Design - Site plan, floor plan, elevations, code research.
c. Design development - Further development of schematic design and
consultants begin to provide input into the design.
d. Construction documents Permit drawings for the purpose of sharing
with contractors for pricing and obtaining a building permit.
e. Bid Tab Bid tab comparing estimates from general contractors.
f. Meetings with the OWNER and the General Contractor --
CONSULTANT shall address contractor questions, answer requests
for information (RFIs) and review submittals and shop drawings for
compliance with the design intent.
g. Site visits Up to six site visits to review progress for the purpose of
approving pay applications.
Obtain the services of a structural engineering firm to provide/perform
the following:
a. Permit drawings, which shall address OWNER comments.
b. Details to secure the fagade.
c. Submittal reviews.
d. Up to 3 site visits.
4. Obtain the services of a MEP to provide/perform the following:
a. Mechanical, Electrical, Plumbing Permit drawings, which shall
address OWNER's comments.
b. Up to 2 site visits.
5. Obtain the serviccs of a civil engineering firm to provide site grading,
accessible paths, civil design, and Permit documents.
6. Perform or cause to be performed TDLR ADA Registration, Plan Review
and Inspection Services.
Second Amendment to the Arcement for Professional Services, Page 2
b. Section AI.01.13.2 of Exhibit "A" of the Agreement, is hereby amended to read as
follows:
PART 1 -- BASIC SERVICES
A 1.01 Design Phases
B. For the Design Phase, CONSULTANT shall:
Prepare and furnish two (2) copies of the Contract Documents, which shall
include Drawings and Specifications that establish in detail the quality
levels of materials and project systems required for construction in pdf
format on compact disks, for review and approval by OWNER, its legal
counsel, and other advisors, as appropriate, and assist OWNER in the
preparation of other related documents. Such documents shall he
submitted at the following intervals:
Submittal
Due Date
number or calendar days from Notice to Proceed
30%
21 days
60%
35 days
90%
56 days
100%
70 days
as more specifically detailed in Appendix 3 of this Exhibit C.
Section C4.03.A of Exhibit "C" of the Agreement, is hereby amended to read as follows:
C4.03 For Additional Service
A. OWNER shall pay CONSULTANT for the services specified in Section A2.01 of
Exhibit "A" a fee not to exceed $109,700 based upon the following:
CONSULTANT................................................................ $40,000
Pinnacle Structural Engineers ........................................... $28,000
ASEI MEP Engineers.......................................................... $8,300
WGA Civil Engineers......................................................... $5,000
InternalDesign.................................................................. $25,000
Allowance........................................................................... $3,400
as more specifically detailed in Appendix 4 of Exhibit C. The allowance
specified hereinabove shall be for additional services beyond those specified in
this Second Amendment if requested in writing by OWNER. It is expressly
understood and agreed that neither CONSULTANT or its subconsultants are
entitled to all or any portion of such allowance unless OWNER elects in writing
to use all or any portion thereof for additional services for the Project.
Second Amendment to the Agreement for Professional Services, Page 3
d. Section C4.04.A of Exhibit "C" of the Agreement, is hereby amended to read as follows:
C4.04 For Reimbursable Expenses
A. 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
a total of $10,650 for Basic and Additional Services.
Entire Agreement. The provisions of this 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 Second Amendment and the
provisions of the First Amendment and/or Agreement, the provisions of this Second Amendment
shall control.
4. Interpretation. This Second Amendment has been jointly negotiated by the parties hereunder and
shall not be construed against a party hereunder because that party may have assumed primary
responsibility for the drafting of this Second Amendment
5. Captions. Captions contained in the Agreement and Second Amendment are for reference only
and, therefore, have no effect in construing the documents. The captions are not restrictive of the
subject matter of any section.
6. No Waiver. By this Second Amendment, the OWNER does not consent to litigation or suit, and
the Owner hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Second Amendment, the First Amendment, the Agreement or any other contract or
agreement or addenda, any charter, or applicable state law. Nothing contained in this Second
Amendment or in First Amendment and/or the Agreement shall be construed in any way to limit
or to waive the OWNER's sovereign immunity.
IN WITNESS WIILREOF, the parties hereto have executed this First 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 , 2020, the date of execution by the
City Manager (the "Effective Date').
CIT OF BAYTOWN
By:
ATTEST: RICHARD L. DAVIS, City Manager
LETICIA BRYSCH, City Clerk
Second Amendment to the A reement for Profe si nal Seryqm, Page 4
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
ELEMENT ARCHITECTS, LLC
By:
(Sign —at ur)
Michael Graham
(Printed Name)
Member/Principal
(Title)
Before me on this day personally appeared Michael Graham , in his capacity
as Principal of ELEMENT ARCHITECTS, LLC, on behalf of such limited liability
company,
known to me;
proved to me on the oath of ; or
X proved to me through his current TXDL 11470218
(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 t ";thday of _May 2019.
tary P Nc in and for the State of Texas
r
Ryan William Nolen
� 0 /6/6 Commission Expires
y:bk; � ID Ne 132123762
*tli�ON Fill ON
I\COBFSOt\L.cgallKarenTFiles\FngineeringWrchitect Agreements\Ea Arch1tW5\Fir5LAmcndmcnt.doc
Second Amendment to the Agreement for Professional Services, Page 5
APPENDIX 3 OF EXHIBIT C
GANTT CHART
Baytown Utility Billing twice
713 Fu c4� r! ; can
s- �.59
Page 1 of 1 pages
(Appendix 3 to Exhibit Q
APPENDIX 4 OF EXHIBIT C
LEVEL OF EFFORT
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Task VI: Construction Administration
Ohecttabor
Expenses
Princlpal
Proloa
Areh8oel
Orolter
Admin
Non -Arch.
tabor Total
Misc.
I Trove)
Prlrsflnp
Expemes
total
Total
5185 $150 $100 $65
Task Description
McNfecturoi
Inferior Design
3 27
3
$ 4660
$ 300 $ 250
$55D.00
$5,2D9.75
ADA/fAS lnspect•••n
10
2030
0.00
$2.03025
MEP Design
= -
$ 450
$D'��
Stnseteral Design
$ i.
$ 4•
$ 1.000
$ 4000
0AD
$4000.DD
Civil Design
$OAO
54000.00
$ 1,
s 1.000
$O.OD
$1.000.00
Phase Totok $13.690A0 12%
Page 1 of 2 pages
(Appendix 4 to Exhibit Q
APPENDIX 4 OF EXHIBIT C
LEVEL OF EFFORT
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Page 2 of 2 pages
(Appendix 4 to Exhibit Q