Ordinance No. 15,021 ORDINANCE NO. 15,021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE
CONSULTING SERVICES CONTRACT WITH COBB, FENDLEY &
ASSOCIATES FOR THE RECONSTRUCTION OF ROLLINGBROOK
DRIVE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-TWO
THOUSAND NINE HUNDRED NINETY AND NO/100 DOLLARS
($62,990.00); 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 First Amendment to the
Consulting Services Contract with Cobb, Fendley & Associates for the Reconstruction of
Rollingbrook Drive 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 Cobb,
Fendley & Associates in an amount not to exceed SIXTY-TWO THOUSAND NINE
HUNDRED NINETY AND NO/100 DOLLARS ($62,990.00) for consulting services in
accordance with the amendment authorized in Section I 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 Ci Council of the
City of Baytown this the 27'11 day of January, 202
NDON CAPE ILLO, ayor
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T VOR FANNING, Interim City Attorney
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EXHIBIT "A"
Consulting Services Contract Amendment
(Project Name)
Date of Issuance: January 27, 2022 Amendment No: 1
I Consultant: Cobb Fendley & Associates Project No: RW1902
B E T T E F PO#: 2105039
BAYTOWN
Explanation:
This Amendment encompasses the following: This Contract Amendment covers the additional services for
construction inspection services, ADA (Americans with Disabilities Act) and TDLR (Texas Department of
Licensing and Regulations) site work inspection, and a Bridge Inspection review for the Rollingbrook Bridge
over Goose Creek.
Description of Work Cost Time
1. Construction Management& Inspection $ 58,550.00 0 Days
2. Rollingbrook Bridge over Goose Creek BRNSP Inspection $ 2,440.00 0 Days
3. TAS TDLR review and inspection $ 2,000.00 0 Days
Total $ 62,990.00 126 Days
Scope/Schedule: The additional scope of work dated December 17, 2021 from Cobb Fendley &Associates,
isattached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Cost& Time Change Summary: Cost Time
Original Contract: $ 79,920.00 427 Days
Previous Amendment(s): $ 0.00 0 Days
Net increase (decrease) from this Amendment: $ 62,990.00 120 Days
Revised Contract: $ 142,910.00 553 Days
[Remainder of Page Purposely Left Blank]
Design 1 of 2 D6.Revised 11/21
Consultant agrees to perform change(s) included in this Contract Amendment for the price and time indicated.
The prices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Amendment is executed.No payment to the Consultant shall be made for work
included in the Amendment until this Amendment is executed.
Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the
terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this
Amendment and the Agreement and all previous amendments,if any,shall be read together and construed as one
agreement provided that. in the event of any conflict or inconsistency between the provisions of this Amendment
and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall
control. This 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 Amendment.
By this Amendment, the City does not consent to litigation or snit, and the City hereby expressly revokes any
consent to litigation that it may have granted by the terms of this Amendment,the Agreement or any other contract
or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit or to waive the C'ity's sovereign immunity.
The persons executing this Agreement hereby represent that each party has the firll power and authority to enter
into and perform pursuant to this Amendment. and that each has been properly authorized and empowered to
enter into this Amendment.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown,are made part of the Contract.
APPROVED: APPROVED:
01 By: Date: 1114 LI By: Date:
Consultant RICHARD L.DAVIS.Ciry Tnenascr
Charles M. Eastland, P.E.
Printed Name >%u —/% APPROVED AS TO CONTENT:
Executive Vice President By: l, C,,-_-__� Date:01/14/2022
Title FRANK O.Slle(ONEAUX.JR..P.E..PwE Director
APPROVED AS TO FUNDING:
By: Date:
VICTOR BROMLEES.Finance Director
Design 2 ol'' D6. Re%kcd 11 21
::N° CobbFendley
December 17, 2021
Ms. Andrea Brinkley
Assistant Director- Capital Projects
City of Baytown
2123 Market Street
Baytown, 77522
Re: Request for Additional Authorization - Construction Management and Inspection
Services for Rollingbrook Reconstruction.
Dear Ms. Brinkley,
We are requesting an amendment to the Agreement for Consulting Services executed March
25, 2021, under Baytown Ordinance No. 14,689.
The original agreement included only construction management services. In August of this year,
circumstances required the addition of part time inspection services. This increased level of
effort has prompted this request for additional budget.
Based on the current schedule from Gulf Coast, the anticipated Final Completion date is the
second week of April 2022. The Level of Effort (LOE) enclosed is based on the current schedule
starting in the middle of December. However, it is our opinion that the project will be completed
in the first half of March. At that time the Agreement can be amended to zero and closed out.
Actual average hours per month were used to populate the LOE based on the last four months.
Additionally, an ADA review and inspection fee will be included as part of this LOE. The exact
amount is currently unknown therefore a budget line item of$2,000 was included. Actual cost +
10% will be submitted as a reimbursable. Additionally, a bridge inspection and letter report is
included for a total fee of$2,440.
The Proposed fees are on a Time and Material basis, Not to Exceed Cost of $62,990 as
detailed in enclosed Exhibit B.
Thank you for the opportunity to submit this Additional Authorization Request. Please advise if
you have any questions or require additional information.
Sincerely,
COBB, FEND EY & ASSOCIATES, INC.
op
S en L. Byin n, P.E.
cipal
Attachments
13430 Northwest Freeway,Suite 1100 1 Houston,Texas 77040 1 713,462.3242 1 fax 713.462.3262 1 www.cobbfendley.corn
TBPE Firm Registration No. F-2741 TBPLS Registration No. 10046700
EXHIBIT B
Level of Effort
Task Order No. 1 - Rollingbrook Reconstruction Construction Management
Baytown Project No.: RW1902
12/17/2021
iI
1 List of classifications and rates Construction Manager_ Construction Observer 11 1 Construction Observer II Project Engineer Contract Spectai.st AdminlClencat
S 228 co $ 130001 S 8G 00
Remaining Anticipated Project Duration 18 Weeks 5 months
Hours/Month
TOTALS Labor Cost Month Month MOntn 3 Wnth Month
1 2 4 5
Phase
Construction Manager
Regular Activities 100 $ 22,800 20 20 20 20 20,
Progress Meetin s 25 S 5.700 5 5 5 5 5
Inspector 225 S 29,250 45 45 45 45 451
AdminlClerical 10 $ 800 2 2 2 2 2
Rollin brook Bridge Inspection 12 S 2,440 101 2
TAS TDLR roviow and inspection $ 2.000
Total $ 62,990
Total Fee $ 62,990
t we anticipate the contractor hnrsh-ng in April This LOE includes the secono halt of December
2 We anticipate mat the reCuced effort over the holiday will be offset by the additional effort Curing final merth of construction
3 Tne TAS review and inspection cost is unknown at this time and is anticipated to be less than S2 000 actual cost with baCk up dOCumentatior w it be submitted with the invo,ce