Ordinance No. 15,698 ORDINANCE NO. 15,698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR
CONSULTING SERVICES WITH CAROLLO ENGINEERS, INC., TO PERFORM
CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION
SERVICES FOR THE GOOSE CREEK LIFT STATION REHABILITATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED EIGHTY-THREE THOUSAND, THREE-HUNDRED,
SEVENTY-ONE AND NO 100 DOLLARS ($83,371.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 Agreement
for Consulting Services with Carollo Engineers, Inc., to perform Construction Management and
Construction Inspection Services for the Goose Creek Lift Station Rehabilitation 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 Carollo
Engineers, Inc., in an amount not to exceed EIGHTY-THREE THOUSAND, THREE-HUNDRED,
SEVENTY-ONE AND NOI100 DOLLARS ($83,371.00) 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 aff e vote of the City Council of the City of
Baytown this the 25"'day of January, 2024.
G;gPYT-00,1/ T� DON CAPETILL ,Mayor
A EST: ,R e
ANGELA J }KSON,Cit qk
e �
APPROVED S T FORM:
SCOTT LE OND, City Attorney
R:.Scott Ordinances 24-01-25 Carollo-GC Lift-1st Arn.doc
EXHIBIT "A"
Consulting Services Contract Amendment
Goose Creek Lift Station Rehabilitation
B!MDate of Issuance: 12/13/2023 Amendment No: 01
Consultant: Carollo Engineers. Inc. Project No: LS2002
Er( PO#: 2313730
BAYTOWN
Explanation:
This amendment encompasses the following:
This amendment is to add funding and time for construction management and construction inspection services
(CMCI) for Goose Creek Lift Station Rehabilitation Project. This project has experienced significant delays
from utility coordination and relocation by Centerpoint Energy and the presence of excessive ground water
where ground water control practices and equipment were inadequate. During the most critical path of this
project the contractor experienced a high turnover rate where an entire crew was replaced with a less
experienced crew leaving the City and Carollo Engineering, Inc., and field personnel alike to guide this project
to the finish line. Therefore, with elapsed time and this project being 380 days beyond the completion date it
is has been deemed necessary to procure an additional 270 days to the agreement that will see this project to
completion.
Based on the contractor's progress, and Carollo assisting, this project is now expected to continue through
January 2024.
We will be working to recover these funds during the project closeout.
Description of Work Cost Time
1. Construction Phase Service (CMCI) $ 83,371.00 270 Days
Total $ 83,371.00 270 Days
Proposal Scope/Schedule: The additional scope of work and the schedule associated with the same, are
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Cost& Time Change Summarv: Cost Time
Original Contract: $75,686.00 240 Days
Previous Amendment(s): $ 0.00 N/A Days
Net increase (decrease) from this Amendment: $ 83,371.00 270Days
Revised Contract: $ 159,057.00 510 Days
Percent increase (decrease) this Amendment(110%)
Percent increase (decrease) all Amendments (110%)
R.Template0esign I of 2 D6.Revised 9 2023
Consultant agrees to perform changes(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 suit, 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 City's
sovereign immunity.
The persons executing this Agreement hereby represent that each party has the full power and authority to enter
into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to
enter into the 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:
By: 14Ll—�= Date: 1/6/2024 By: Date:
nsu tant JASON E.REYNOLDS,City Manager
Meera Victor
Printed Name APPROVED AS TO CONTENT:
Vice President By: Date:01/10/2024
Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
TERESA McKENZIE,Chief Financial Officer
By: _ Date: 2024.01.06 _
Project Manager By: 4 1/6/2024
Gregerz Joseph Consultant
Printed Name
Neil Barnsdale
Printed Name
By: Date: 1/9/24 Associate Vice President
Business %set Team Member
Title
Taylor Khoury
Printed Name
R Template\Design 2 of 2 D6.Revised 9 2023
EXHIBITA
Scope of Services
City of Baytown—Goose Creek Lift Station Rehabilitation(Phase 2 extension)
INTENT
The intent of this Scope of Services is to support the City's construction administration staff by providing
construction management and part-time inspection services related to the construction of the"Goose Creek
Lift Station Rehabilitation(Phase 2), City Project No. LS 2002."Professional services were budgeted through
April 2023.Based on the contractor's progress,the project is now expected to continue through January
2024.The purpose of this amendment is to extend the duration of Carollo's Professional Services an
additional nine(9)months.Carollo Engineers, Inc.(Construction Manager)proposes the following Scope of
Services.
1. Construction Management and Contract Administration
1.1. Act as the City's representative to administer the construction contract, providing overall
project oversight, monitor and document progress, and maintain record of decisions and
actions.Coordinate between the City, Contractor,and Design Engineer to resolve
unanticipated issues.Monitor construction progress,schedule, and costs. Recommend
alternative work sequences to meet contract schedule requirements.
1.2. Schedule and facilitate construction progress meetings, including preparation of agendas
and meeting minutes. Progress meetings are anticipated at monthly intervals.Topics
discussed at progress meetings will include schedule and budget,anticipated progress and
actual progress, description of work recently completed, description of upcoming work,
status of material procurement, utility service and relocations,quality control and materials
testing results,advisory and non-compliance notices,status of payment applications,status
of submittals and RFI's, presentation and discussion of as-built redlines, review of SWPPP
BMP's,traffic control, public safety,site security,and citizen complaints.
1.3. Maintain documentation logs for materials testing, submittals, RFI's, non-compliance
notifications, requests for proposals,change orders, action items, and progress payments.
2. Field Services-Onsite Representative/Inspector
2.1. Provide the services of one(1)part-time Resident Project Representative(RPR).The RPR will
monitor, inspect, and document the contractor's activities and progress.Document weather,
potential weather delays and other potential issues that may affect the schedule.
The RPR will prepare a Construction Activity Report following each site visit. Each report will
include documentation of weather conditions, photographs of work activities and progress,
the RPR's narrative description of work activities,conversations with the contractor,
concerns, and pending issues. Construction Activity Reports will typically be distributed
within 24-hours of the site visit and are intended to document field activities.
Exhibit A-Scope of Work-Goose2A 2023-11-15.docx Page 1 of 4
3. Payment Applications
3.1. Payment Applications will be generated by the Contractor and submitted to the Construction
Manager for review, reconciliation of quantities based on approved progress, and consistency
with Construction Activity Reports.Coordinate review with the Design Engineer and obtain
signatures from Contractor, Design Engineer,and Construction Manager prior to forwarding
to the City for final approval,signatures,and payment.
4. Document Control and Records Management
4.1. Manage the EADOC platform to manage construction documentation, including submittals,
RFI's Change Orders, Construction Activity Reports, Pay Applications, Contractor
notifications,and citizen complaints.
S. Change Order Management
5.1. Prepare and issue Requests for Proposals, including a detailed description of the work
required and coordinate the contractor's proposal with the Design Engineer.
5.2. Evaluate Contractor's proposal for merit,cost,time, accuracy,and price practicality.
Negotiate with the Contractor on the City's behalf.
5.3. Upon mutual agreement of the terms of Contractor's proposal, prepare the Change Order
and related documentation for review and approval by the City.
6. Quality Control and Materials Testing Coordination
6.1. Coordinate the Contractor's activities with the Materials Testing Laboratory to perform
sampling a testing as appropriate during construction activities. Log,track and retain test
reports.Monitor corrective actions and re-testing for compliance, if required.
6.2. Review test reports for compliance with Contract Documents.Document test results for
presentation at progress meetings. Review Invoicing from Laboratory to verify alignment
with testing activities.
7. Project Closeout
7.1. Upon the Contractor's notification of Substantial Completion,schedule and conduct project
walk-through,with the City Project Manager, Design Engineer and other relevant parties.
Prepare a punchlist of activities and deliverables required by the Contractor in order to
achieve a Certificate of Substantial Completion. Prepare a list of non-conforming work based
on visual inspections. Record and monitor contractor's corrective efforts and schedule.
Exhibit A-Scope of Work-Goose2A 2023-11-15.docx Page 2 of 4
Perform similar services for Final Completion. Prepare a close-out Change Order to reconcile
final quantities.
7.2. Compile Operation and Maintenance documents and coordinate with the Design for review.
Upload the final operations and maintenance documents to EADOC.
7.3. Review final closeout documentation for completeness and accuracy, including affidavits of
final payment,final pay estimates,as built records, redlines and drawings. Once received,
coordinate with the Design Engineer and City Project Manager for acceptance.Upload
project closeout documents to EADOC.
7.4. Facilitate a project Close-Out meeting.Prepare and recommend final payment application.
Assemble job documentation, including record logs transmittals,and correspondence reports
in an organized file for delivery to City.Consult with the City on any potential Warranty items
requiring repair or replacement.Review and coordinate with Design Engineer to provide
Engineer's recommendation for Substantial Completion or Final Acceptance.
Limitations of Authority: Except upon written instructions, Carollo Engineers, Inc.(Consultant):
• Will not authorize any deviation from the Contract Documents or approve any substitute materials
or equipment.
• Will not undertake any of the responsibilities of Contractor,subcontractors,or Contractor's
superintendent, or expedite the work.
• Will not advise on or issue directions relative to any aspect of the means, methods,techniques,
sequences,or procedures of construction unless such is specifically called for in the Construction
Documents.
• Will not advise on or issue directions as to safety precautions and programs in connection with the
work.
• Will not be responsible for construction contractors'failure to carry out work in accordance with the
contract documents.
• Will not authorize the City to occupy the Project in whole or in part:
• Standard of Care.Consultant will complete the services required hereunder in accordance with the
prevailing standard of care by exercising the skill and ability ordinarily required of consultants
performing the same or similar services, under the same or similar circumstances, in the State of
Texas.
• City-Provided Information and Services.The City shall furnish Consultant available studies, reports
and other data pertinent to the Consultant's services;obtain or authorize Consultant to obtain or
provide additional reports and data as required;furnish to the Consultant services of others required
for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and
Exhibit A-Scope of Work-Goose2A 2023-11-15.docx Page 3 of 4
rely upon all such information and services provided by the City or others in performing Consultant's
services under this Contract.
• Estimates and Projections.Consultant has no control over the cost of labor, materials,equipment,
or services furnished by others,over the groundwater and/or wastewater quality and/or quantity,or
over the way the City's plant and/or associated processes are operated and/or maintained.Data
projections and estimates are based on Consultant's opinion based on experience and judgment.
Consultant cannot and does not guarantee that actual costs and/or quantities realized will not vary
from the data projections and estimates prepared by Consultant and Consultant will not be liable to
and/or indemnify the City and/or any third party related to any inconsistencies between
Consultant's data projections and estimates and actual costs and/or quantities realized by the City
and/or any third party in the future.
• Deliverables. Documents, including drawings and specifications, prepared by Consultant pursuant
to this Contract are not intended or represented to be suitable for reuse by the City or others for this
Project or on any other project.Any reuse of completed documents or use of partially completed
documents without written verification or concurrence by Consultant for the specific purpose
intended will be at the City's sole risk and without liability or legal exposure to Consultant.
• Third Parties.The services to be performed by Consultant are intended solely for the benefit of the
City. No person or entity not a signatory to this Contract shall be entitled to rely on Consultant's
performance of its services hereunder, and no right to assert a claim against Consultant by
assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Contract
or the performance of Consultant's services hereunder.
Exhibit A-Scope of Work-Goose2A 2023-11-15.docx Page 4 of 4
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EXHIBIT C
City of Baytown—Goose Creek Lift Station
Construction Management and Inspection Services
Schedule Extension
Description Duration Dates of Service
Construction Management and Inspection 9 months 4/22/23—1/31/2024
Services
Exhibit C-Schedule-Goose 2023-11-15.docx
EXHIBIT D
Carollo Engineers, Inc.2023 Rate Schedule
2023
Category Hourly Rate
Principal in Charge $310
Senior Project Manager $295
Engineer/Scientist 8 $280
Engineer/Scientist 7 $260
Engineer/Scientist 6 $235
Engineer/Scientist 5 $220
Engineer/Scientist 4 $200
Engineer/Scientist 3 $180
Engineer/Scientist 2 $165
Engineer/Scientist 1/EIT $150
Senior Engineering Technical Support/CAD $175
Engineering Technical Support/CAD $135
Administrative Support $110
Construction Administration
Sr. Construction Manager $295
Construciton Manager $280
Assistant Construction Manager $220
Onsite Project Representative/Inspector $185
Project Communication and Equipment Expense(PECE) $13
(charge per direct labor hour)
Markups on Outside Professionals 10%
Effective through December 31,2023 and subject to annual revision thereafter.
Rev Date:7/21/2023