Ordinance No. 14,387ORDINANCE NO. 14,387
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ELEMENT
ARCHITECTS, LLC, FOR THE CITIZENS BANK BUILDING RENOVATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTEEN THOUSAND
SEVEN HUNDRED SEVENTY-FIVE AND NO:100 DOLLARS ($113,775.00);
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 Second Amendment to
the Professional Services Agreement with Element Architects, LLC, for the Citizens Bank
Building Renovation Project. A copy of 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
Element Architects, LLC, in an amount not to exceed ONE HUNDRED THIRTEEN
THOUSAND SEVEN HUNDRED SEVENTY-FIVE AND NO'100 DOLLARS ($113,775.00)
for professional services in accordance with the amendment authorized in Section 1 hereinabove.
Section 3: 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 141h day of May, 201r�
B_R7MbON CAPETILLO, a r
iLTICIA
ST:
1.0
BRYSCH, Clerk C?k
APPROVED AS TO FORM:
E HORNER, Interim City Attorney
R: Karenfiles".City Council. Ordinances\2020\May 14 ElementArchitectSecondAmendment2PSA4CitizensBankBuildingRenovationProject.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.
WIT NESSET14:
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 terns 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.
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 1
A. CONSULTANT shall:
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
f. Provide surface parking for the number required in the Code of
Ordinances, Baytown, Texas.
2. 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.
3. 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 services 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 t e Agreement for Professional Services, Page 2
b. Section Al.0I.B.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:
2. 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 be
submitted at the following intervals:
Submittal
Due Date
number of 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.
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.
3. 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 WIiEREOF, 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').
CITY OF BAYTOWN
By:
ATTEST: RICHARD L. DAVIS, City Manager
LETICIA BRYSCH, City Clerk
Second Amendment to the Agreement for Professional Services, Page 4
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
ELEMENT ARCHITECTS, LLC
By:
7(§i-ganatu )
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 ";th day ofMay 2019.
tary P e in and for the State of Texas
•fir' • Ryan William Nolen
My Comm mon Expires
y. * 08/09/2023
'6i '4 ID No/32123762
\\COBFSOI\LegaINKaren\FileslEngineeringWrchitect Agreements\Ea Architects\FirstAmcndment.doc
Second Amendment to the A reement for Professional Ser ' , Page 5
APPENDIX 3 OF EXH f BIT C
GANTT CHART
Baytown Utility Baling Office
04
LTA Wmea—t.p.0 , srx
IN rm
7T3 01 ifiWCZ0.
9
W. Vlam
.i /IEaY
� &--M�
FJ
%n7LLMM
Co.
qelam
pamesd
-----
iir�n'z�
..lr , i : lt'3 =tU: :1� 4�.—•II'--.•.. i' a �i.;i�.
Page 1 of I pages
(Appendix 3 to Exhibit Q
APPENDIX 4 OF EXHIBIT C
LEVEL OF EFFORT
tasknt: De%Vn DeMetapmeni
Wfrscipat ewes fkofaes OA*M V=M-.&cli
tatSoPTotbt
- EEisc Tsarel P4rdrsg
tcwt
Tc[at
taut Ttesctfpid®
fa dark
5 3 2
S 9,
S A3 5 SM
1MUM
SlD2B5W
i3�-Srar
5 15 15
$� a,65
30M
#iStsmw
M03
so1SD
a
$DW
;.DAD
5 -
BDAD
SD�DD
S
5F1-0D
St8�1
Frkre c6a1 SL IMM -A,
Tas1c116_ Carahucimn Document
tltcecttatsor
{ E:aeasa
PGncipaB RODEO
Archaea5 fts" Adrrfa MAMArde.
taQeaicW{
1lfisc rMM MOOG
BOW
Hts
SIBS S➢S3 SM SUS
tla7:r.w
Nc,438C?„rtW
t0 ES Y9 a
19,66D
A) �
S 93�3
6?_�
WIM
i. 6,3 k)
!. 631T3S
�_ADesigr,
22DM
c 3.M
c 3,�i+D
A.h9I1
Task V_ Bidding
ilFaec.B[aSor
Priva>baL Avddecs Muffer i4infn wzn,_%r k
tabCV ICCaS
hq�. T[Wtl P 702
told
told
Sias SLSU SM Say
a7&tlescajtfico�
Arc.QLlect:ra
?, 3
S 4180
¢U.00
! viim5w
vt[stbrD_sian
5 2D
S 393
>LaOD
5S.?2310D
I we gn
S )MC)
S : M3
$itm
fain
$OOD
1w
5tvcisnNLls r
S Pt�
S 2CM
Sxl:ro
42.noR�
,nia=-fin
S �
S 3DD
Sb9D
SHAD
rsc5_ rccor. TAUZ= u
'Cask VI: Construction Administration
Obect Labor
Exponrm
Proioct
Expenses
Total
Principal
ArehNoet
Draker
Admin
Non -Arch.
Labor Total
Mbe.
Travel
..np
Total
$185 $150 $100 $65
Task Deccription
ArcNlectural
3 27
a 4.660
$ 300 a 250
a550.00
$5.209.75
Inlerisx Design
3 10
a 2•030
$0.00
azo3oz5
ADA/TAS lnspecdon
$ -
$ 450
S45040
$Mncl
MEP Design
j 1
S 1 000
ao•Do
ai.000.W
Strucsurol Dosign
a 4.
$ 4.000
$0'W
$1.000.00
Civil Design
a 1'
a ].�
a0.00
a.000A0
Phose Totot $13,690.00 12%
Page 1 of 2 pages
(Appendix 4 to Exhibit Q
1 %
APPENDIX 4 OF EXHIBIT C
LEVEL OF EFFORT
Task vm Closeout
ftmo t UM&I Adbz-n 14mftc& tabaelbid bk= taa"i Pdarmg wa Tom
$196 TIM $109 5"
dui 2 3 S 9.t2D 6 750 SYMM SQAMM
ror4eagn 2 2 $ 3R1 5m 5
8 6am ww
S mm SMOG
S - $moo Sm
phMeTotttt sascam
A VDvA= ; SUMM
P4aied3aft S -37i5W
Total by obc4 ne
chma tafsca
Pd=gw t AFdffea Dxffw /loan Wcc%- ch
tabowTOW
Mn¢. TOMM tff m%9
Tatty
Total
i2? v'al
25 dR2 73 ,$
3 ttiffi0
S 3t373 S SW S 2500
SaTfMW
� S44W4JS
iskw70GDe402
35 S7 35 is
; 25'M
mm
�pMIS
' 4
b 3 3ifD
S ' 4'
SLsiO
58 200A0
9DYs
6 2dAIX9
S 23t1W
5{t�Cl
waomm
� '
S S..CW
$ 3.m00
Eit�t1
S.iSiOOII!
Page 2 of 2 pages
(Appendix 4 to Exhibit Q