Ordinance No. 15,739 ORDINANCE NO. 15,739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES WITH RABA KISTNER, INC.,TO PERFORM
MATERIALS TESTING FOR THE NEIGHBORHOOD STREET
RECONSTRUCTION OF FAIRWAY DRIVE AND SAVELL DRIVE PROJECT
FOR CITY OF BAYTOWN PUBLIC WORKS AND ENGINEERING
DEPARTMENT; AUTHORIZING AN ADDITIONAL PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-TWO
THOUSAND SEVEN HUNDRED AND FIFTY-SIX AND NO/100 DOLLARS
($32,756.00); 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
Agreement for Consulting Services with Raba Kistner, Inc., to perform Material Testing services
for the Neighborhood Street Reconstruction of Fairway Drive and Savell Drive Project for City of
Baytown Public Works and Engineering Department. A copy of said amendment is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: The original contract price was FORTY-TWO THOUSAND FIVE
HUNDRED EIGHTY-FOUR AND NO'100 DOLLARS ($42,584.00) and executed on October 12,
2022. This amendment adds an additional THIRTY-TWO THOUSAND SEVEN HUNDRED AND
FIFTY-SIX AND NO.!100 DOLLARS($32,756.00)to the contract amount bringing the total amount of the
contract to SEVENTY-FIVE THOUSAND THREE HUNDRED FORTY AND NO 100 DOLLARS
($75,340.00).
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 22nd day of February, 20
BRANDON CAPETILLO, Mayor
ATT -ST:
�Onp�OLUG9��o,�
ANGELA J KSO . 'Sit Clerk
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APPROVED AS ''O ORM:;
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SCOTT LEMO D, City Attorney
R:1Vance Hinds�Ordtnances\2024\2024.02.22Wmendment No. I Consulting Services Raba Kistner,Inc..docx
EXHIBIT "A"
Consulting Services Contract Amendment
Neighborhood Reconstruction of Fairway Dr. and Savell Dr.
Date of Issuance: 07/02/2023 Amendment No: 01
B� R Consultant: Raba Kistner, Inc. Project No: RW2003 & RW2004
BAYTOWN PO#: 2310449
Explanation:
This Amendment is the continuation of the existing Materials Testing Services contract with the consultant
Raba Kistner, Inc., for the neighborhood reconstruction of Fairway Dr. and Savell Dr. There was a heavy
demand for the frequency of additional testing at the beginning of both streets due to the existing site subgrade
conditions. This additional testing was above and beyond the original scope testing required by the project and
required use of existing budget to accomplish necessary testing. Due to this demand, the budget for the
Construction Material Testing (CMT) laboratory to complete the project's original testing scope was not
enough to cover both the extra services required at the beginning or the project and the project's original scope
for project completion.
Description of Work Cost Time
1. Overrun amount of work completed from April-June $ 10,126.00 0 Days
2. Remining work estimated to be completed $ 22,630.00 0 Days
3. $ 0 0 Days
4. $ 0 0 Days
5. $ 0 0 Days
Total $ 0 0 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 Summul: cost Time
Original Contract: $42,584.00 0 Days
Previous Amendment(s): $ 0.00 N/A Days
Net increase (decrease) from this Amendment: $32,756.00 0 Days
Revised Contract: $ 57 ,340.00 0 Days
Percent increase (decrease) this Amendment (76.92%)
Percent increase (decrease) all Amendments (76.92%)
[Remainder of Page Purposely Left Blank]
R Template0esign 1 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 away 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: .w� Date: 1/25/2024 By: Date:
Consultant JASON E.REYNOLDS,City Manager
Martin Vila
Printed Name APPROVED AS TO CONTENT:
Senior Vice President__ _ ,," Date:o2 0o 1 512D24
Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
. 1/25/24 TERESA McKENZIE,Chief Financial Officer
By: Date.
Project Manager
Danielle Cain
Printed Name
By: Date: 1/25/24
BusYgess AWset Team Mern7ber
Taylor Khoury
Printed Name
R.Template\Design 2 of 2 D6.Revised 9 2023
CITY OF BAYTOWN
PUBLIC WORKS & ENGINEERING
2123 Market St
Baytown, Texas 77520
WVYY11i
MATERIALS TESTING SERVICES CONTRACT AMENDMENT
NEIGHBORHOOD STREET RECONSTRUCTION
CIP PROJECT- SAVELL AND FAIRWAY
City Council authorized a professional services agreement with Raba Kistner, Inc., on October 12, 2022 to provide
construction materials testing, and related services in the amount of $42,584.00 for the Neighborhood Street
Reconstruction Project of Fairway Drive and Savell Drive.
The purpose of this amendment is to pay for additional materials testing services that were necessitated by
unforeseen subgrade conditions. There was a heavier than anticipated demand for testing along both Fairway Drive
and Savell Drive due to the subgrade conditions observed when the roadways were excavated.
When roadway reconstruction projects like Fairway and Savell are designed, a geotechnical investigation is
performed to identify the soil condition below the driving surface. The investigation typically consists of the
extraction of soil samples every five hundred feet along the road that will be reconstructed. The samples are tested
for a variety of factors including moisture content and material composition. The importance of this information is
that it allows the engineer to the design treatment that is applied to the subgrade material before the new roadway is
placed atop it.
When the existing roadway along both Savell and Fairway was removed so that the subgrade could be treated,
pockets of material that did not match the conditions identified through the geotechnical investigation were
observed. Variances in soil conditions are not uncommon in cases like this. However, in this case the geotechnical
report identified primarily heavy clays as the soil type. The pockets of different soil were sandy in composition and
therefore necessitated further analysis as the treatment for sandy soils differs from the treatment for clay type soils.
Materials testing of the subgrade is an important component of the field construction administration process as it
ensures that the pavement driving surface will have a long and trouble-free life.This additional testing was beyond
the original materials testing scope for the project. Due to this, the budget for the construction material testing was
exceeded by$32,756.00.
This amendment will finalize the testing services portion of this project. To prevent overages like this in the future,
the PWE CIP team has adjusted procedures and will more closely monitor testing services budgets.
Cost change Summary
Cost Original Contract: $42,584.00
Previous Amendment(s): $ 0.00
Net increase(decrease)from this Amendment: $32,756.00
Revised Contract: $75,340.00
Project No.AHD22-062-00 , RABA
July 02,2023 KISTNER
Raba IQstner,Inc.
3602 Westchase
Houston,TX 77042
www.rkci.com
AMENDED AGREEMENT PROPOSAL FORM IF 713.996.899 IF713.996.8993
TBPE Firm F-3257
Project Name: NEIGHBORHOOD RECONSTRUCTION FA/R{A"Irm 10193784
AND SAVELL
AS AN ADDITION TO THE FOLLOWING AGREEMENT:
e CITY OF BAYTOWN PURCHASE ORDER#2310449
WE HEREBY AUTHORIZE RABA KISTNER, INC. (RK), TO PERFORM THE FOLLOWING ADDITIONAL
SERVICE(S):
We are requesting a testing budget increase due to various factors that have impacted our efforts and resources.
We request a budget extension in the amount of 2 756.00. This includes the current overrun amount of
10126.00 (from 4/03/23 to 6/30/23), and an additional 22 630.00 (estimated) to continue and complete our
materials testing services through the approximate substantial completion date of September 08,2023.
The budget extension is necessary primarily as a result of the contractor's means&methods of construction,and the
sequencing and scheduling which increased the number of tests, trips and man hours needed to perform our
services.The budget increase will also cover any additional testing needs of the project due to any changes in project
scope and increase in the schedule.
ORIGINAL APPROVED AMOUNT: $42,584.00 (City of Baytown P.O.#2310449)
OVERAGE FROM 4/03/23 THROUGH 06130/23: $10,126.00 (Attachment 1)
ESTIMATED AMOUNT FOR WORK PENDING: $22,630.00 (Attachment 11)
TOTAL REVISED AMOUNT: $76,340.00
Our Invoices are due and payable upon receipt at P.O.Box 971037,Dallas,Texas 75397-1037. All parties hereby agree that this
contract upon acceptance vall be performable in Boxer County,Texas. Our services will be performed In accordance with this
letter agreement and the previously executed agreement referenced above. Please sign,date,and return one signed cop of
this form to provide written confirmation of your authorization for our firm to commence work on the specific services outlined
herein.
SIGNATURE: X DATE:
PRINTED NAME: Ms. Danielle Cain,Associate Project Manager
COMPANY NAME: City of Baytown
COMPANY ADDRESS: 2123 Market Street
CITY,STATE,ZIP: Baytown,Texas 77620
PHONE NUMBER: 281 420-5894 Office FAX NUMBER: Not Provided
E-MAIL: Danielle.Cain ba own.org
//RABA KISTNER, INC.
` Martin Vila, P.E., F.ASCE
Senior Vice President
MV
Copies Submitted: Above(1)
Attachments: I—Bubdget Overage from 4/03/23 through 06/22/23
II—Cost Estimate to Complete Testing Services
VSan Antonio -Austin • Brownsville•Dallas-Freeport • Houston• McAllen • Florida • Nebraska•Utah• Mexico
AMENDED AGREEMENT FORM Attachment 1
Bubdget Overage from 4/03123 THROUGH 06/30/23:
NEIGHBORHOOD RECONSTRUCTION FAIRWAY AND SAVELL
Q(y Rate Unit Amoun
Task 1:Solis- Paving Subgrade-lime slurry observation and density tests
(13 site visits)
Labor:
108000 Technician 60 x $65.00 /Hr = $3,900.00
150000 Vehicle Charge 60 x $12.00 /Hr = $720.00
00000 Soils Tests:(Spec.Frequency:testing every Z500 sf or 5,000 sQ
901000 Liquid and Plastic Limits 1 x $71.00 /Ea = $71.00
908000 Percent Passing#200 Steve(ASTM D-1120) 1 x $55.00 /Ea = $55.00
945000 OMD Lime or Cement Stabilized Soil 1 x $256.00 /Ea = $256.00
951000 Nuclear Density Equipment Rental 60 x $12.00 /Hr = $720.00
Task 1 Total $5,722.00
Task 2:Concrete- Reinforcing Steel Observation and Roadway Pavement
(5 site visits for casting cylinders and 5 trips for cylinder pickup)
Labor:
108000 Technician 36 x $65.00 /Hr = $2.340.00
108010 Technican OT 2 x $97.50 /Hr = $195.00
150000 Vehicle Charge 38 x $12.00 /Hr = $456.00
30000 Concrete Mix Design Inspection and Testing:(spec.every 501100 CYO
301000 Cylinders Test(ASTM C-39)ind.Hold 32 x $20.00 /Ea = $640.00
Task 2 Total $3,631.00
Task 3:Professional Services(project management:report review,attending meetings,etc.)
102000 Senior Engineer,P.E. 1 x $190.00 /Hr = $190.00
104000 Project Manager 2 x $115.00 /Hr = $230.00
115000 Administrative Support 5.5 x $65.00 /Hr = $353.00
Task 3 Total $7�73.00
TOTAL $10,126.00
San Antonio-Austin-Brownsville-Dallas-Freeport- Houston-McAllen-Florida- Nebraska-Utah -Mexico
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AMENDED AGREEMENT FORM Attachment it
Cost Estimate to Complete Testing Services from 6130/23 to 9/08123
NEIGHBORHOOD RECONSTRUCTION FAIRWAY AND SAVELL
94t Rau ut Amount
Task 1:Solis-Gradations,Lime Slurry observations and Paving Subgrads
(assuming 22 site visits and 2 sample pickups)
Labor:
108000 Technician 102 x $65.00 /Hr = $6,630.00
108010 Technician OT 12 x $97.50 /Hr = $1,170.00
150000 Vehicle Charge 114 x $12.00 /Hr = $1,368.00
90000 Solis Tests:(Spec.Frequency:testing every 2,500 sl or 5,000 at)
901000 Liquid and Plastic Limits 2 x $71.00 /Ea = $142.00
906000 Percent Passing#200 Sieve(ASTM D-1120) 2 x $65.00 /Ea = $110.00
923000 OMD Standard Compaction(ASTM D-698) 2 x $231.00 /Ea = $462.00
945000 OMD Lime or Cement Stabilized Soil 1 x $256.00 /Ea = $256.00
941000 Compressive Strength of C.S.S. 8 x $81.00 /Ea = $648.00
951000 Nuclear Density Equipment Rental 110 x $12.00 /Hr = $1,320.00
Task 1 Total $12,106.00
Task 2:Concrete- Reinforcing Steel Observation,Roadway and Sidewalk Pavement
(assuming 6 site visits for casting cylinders and 6 trips for cylinder pickup)
Labor:
108000 Technician 80 x $65.00 /Hr - $5.200.00
108010 Technician OT 12 x $97.60 /Hr = $1,170.00
150000 Vehicle Charge 92 x $12.00 /Hr = $1,104.00
30000 Concrete Mbr Design Inspection and Testing:(spec.every 501100 Cl)
301000 Cylinders Test(ASTM C-39)Ind.Hold 48 x $20.00 /Ea = $960.00
Task 2 Total $8AU.00
Task 3:Professional Services(project management:report review,attending meetings,etc.)
102000 Senior Engineer,P.E. 2 x $190.00 /Hr = $380.00
104000 Project Manager 4 x $115.00 /Hr = $460.00
115000 Administrative Support 12 x $65.00 /Hr = $1,250.00
Task 3 Total $2,090.00
TOTAL $22.630.00
San Antonio -Austin-Brownsville-Dallas- Freeport- Houston-McAllen-Florida-Nebraska- Utah-Mexico
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