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BHPFC Resolution No. 13RESOLUTION NO. 13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT FOR DESIGN -BUILD PRE -CONSTRUCTION SERVICES WITH DPR CONSTRUCTION FOR THE BAYTOWN HOTEL AND CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT BY THE BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION IN THE AMOUNT OF ONE HUNDRED EIGHTY-FOUR THOUSAND FIVE HUNDRED AND N0 100 DOLLARS ($184,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION: Section 1: That the Board of Directors of the Baytown Hospitality Public Facilities Corporation hereby authorizes the General Manager to execute Change Order No. 1 to the Contract for Design -Build Preconstruction Services for the Baytown Hotel and Convention Center Project with DPR Construction, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the Board of Directors of the Baytown Hospitality Public Facilities Corporation hereby authorizes payment in an amount not to exceed ONE HUNDRED EIGHTY-FOUR THOUSAND FIVE HUNDRED AND NOi100 DOLLARS ($184,500.00) to DPR Construction accordance with the change order authorized in Section 1 hereof. Section 3: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Hospitality Public Facilities Corporation. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Hospitality Public Facilities Corporation, this the 4`h day of March, 2021. ?F=�L BRANDON CAPETILLO, Presi nt ATTEST: UETICIA BRYSCH, Assist n Secretary i APPROVED AS TO FORM: KAREN L. HORNER, General Counsel RAKaren Homer DocumentsTiles .City Council\PFC Resolution\202 March 4 Change Order No. I.doc Exhibit "A" CHANGE ORDER NO.1 TO CONTRACT FOR DESIGN -BUILD PRE -CONSTRUCTION SERVICES FOR BAYTOWN HOTEL AND CONVENTION CENTER PROJECT BAYTOWN, TEXAS This Change Order No. 1 is entered into as of the day of , 2021 pursuant to the Contract for Design -Build Pre -Construction Services between BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION. ("Owner") and DPR CONSTRUCTION, A GENERAL PARTNERSHIP ("Design/Builder") dated October 31, 2019 (the "Agreement"), with respect to the Baytown Hotel and Convention Center Project, Baytown, Texas (the "Project"). The terms and conditions of the Agreement are incorporated as if set forth fully herein. This Change Order is entered into by and between Owner and Design/Builder effective as of the date above. The Owner and Design/Builder hereby agree to the changes in the Work and revisions of the Agreement as described herein and as further described in Exhibit A, which is attached hereto and incorporated herein by reference. By executing this Amendment, Owner and Design/Builder agree that Design/Builder shall perform (or has previously performed) the additional Work set forth below and in Exhibit A in accordance with the terms and conditions of this Amendment and the Agreement, for the compensation stated herein, and said compensation shall be paid pursuant to the terms and conditions of the Agreement. Unless specifically modified by this Change Order, all other terms and conditions of the Agreement are unchanged. The original Design -Build Pre -Construction Services Compensation was Net change by previously authorized Change Orders The Design -Build Pre -Construction Services Compensation prior to this Change Order was The Design -Build Pre -Construction Services Compensation will be increased by Change Order No. 1 in the amount of: Utility Work Updates/Coordination The new Design -Build Pre -Construction Services Compensation including this Change Order will be Further, the original negotiated total Design Phase Fee to be paid to Design/Builder for all design work for the Project was: The new negotiated total Design Phase Fee to be paid to Design/Builder including this Change Order will be $637,622.00 $0.00 $637,622.00 $103,500.00 $81,000.00 $822,122.00 $2,259,522.00 $2,444,022.00 There shall be no adjustment to the schedule of performance for Design -Build Pre -Construction Services. Execution of this Change Order shall constitute a final settlement of all matters concerning BONA. Powell relating to the change in the Work as described above which is the subject of this Change Order. OWNER: BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION By: _ Name: Title: DESIGN BUILDER: DPR CONSTRUCTION By: Name: Title: Approved by: DEVELOPMENT MANAGER: GARFIED PUBLIC PRIVATE LLC By: Name: Title: Approved by: CONSULTING ARCHITECT/ENGINEER: BROADDUS & ASSOCIATES By: Name: Title: (Signature Page to Change Order No. 1 to Contract for Design -Build Pre -Construction Services) EXHIBIT A Utilities -- $103,500.00 This change is related to added scope of work beyond the base agreement for work associated with the initial underground and utility permit. This added scope is due to additional information required by the City staff not required initially. Some of the added scope was related to the new storm outfall requirements and hotel design team coordination of the lift station. Updates Coordination -- $81,000 This change is for providing updated advice and recommendations to the parties and Hyatt and continued coordination with the City, the Design Builder, the hotel Brand and the consultant team during the delay period of the start of construction. BOKA Powell has also continued to coordinate utilities to not only serve the hotel project, but the remainder of the site as well as supported the bond team and legal teams with images and drawing packages for their documents. This ASR is for approximately 583 hours of staff time.