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Ordinance No. 15,737 ORDINANCE NO. 15,737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH ALPHA TESTING, LLC, FOR CONSTRUCTION MATERIAL TESTING FOR THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT, PHASE II; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE-THOUSAND THREE-HUNDRED,SIXTY-SEVEN AND 00/100 DOLLARS ($1,367.00); 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 Amendment No. 3 to the Consulting Services Agreement with Alpha Testing, LLC, for construction material testing for the Animal Services and Adoption Shelter Project, Phase II. 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 Alpha Testing, LLC, in an amount not to exceed ONE-THOUSAND THREE-HUNDRED, SIXTY-SEVEN AND 00/100 DOLLARS ($1,367.00)for professional services in accordance with the agreement 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 22"d day of February,2024. A11"'�7 5p,YTO(�r DON CA ETILLO, Alayor AT ST: 0-. J 0 ° `�T`"� ° ANGELA ACKS (erk,r %Y ' ,.° C APPROVED AS O ORN'�� OF SCOTT LPMUND, City Attorney R:'.ScotWrdinances 24-02-22%..3d Am Constr Material Testing.docx CA 1IC51 1 H Consulting Services Contract Amendment Animal Services and Adoption Shelter Date of Issuance: 9 1/ 9/2023 Amendment No: 03 BETTER Consultant: Aloha Testing,LLC Project No: FA1903 PO#: 2100578 BAYTOWN Explanation: This amendment encompasses the following: The scope as agreed upon in the original signed agreement to provide services in construction material testing that will include observation, testing, documentation of construction activities to maintain compliance assurance with construction specifications. In addition, the scope of work will also include, proof rolling operations, subgrade compaction, gradation testing, density testing, and testing concrete of the Phase II driveway and parking lot at the southeast end of the compound. The Phase 11 extension was later added and therefore additional testing was required. Description of Work Cost Time 1. Constriction Material Testing $ 1,367.00 0 Days 2. $ 0 0 Days 3. $ 0 0 Days 4. $ 0 0 Days 5. $ 0 0 Days Total $ 1,367.00 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 Summary: cost Time Original Contract: $30,645.00 0 Days Previous Amendment(s): $ 58,208.00 N/A Days Net increase (decrease) from this Amendment: $ 1,367.00 0 Days Revised Contract: $ 90,220.00 0 Days Percent increase (decrease) this Amendment(4.4 %) Percent increase (decrease) all Amendments (194.4 %) [Remainder of Page Purposely Left Blank] R•.Template\Design 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: B3cr- ]! - 7 Date: O1/26/2024 By. Date: Consultant /-' JASON E.REYNO}LDS,City Manager Joseph Culley Printed Name APPROVED AS TO CONTENT: Regional Manager te��� _/' __Date:01/31/2024 Title0-B : FRANK O.SIMQNEAUX,JR.,P.E.,PWE Director APPROVED AS TO FUNDING: By: Date: TERESA McKENZIE,Chief Financial Officer By: Date: 2024.01.26 Project Manager _ Gregerz Joseph Printed Name By: Ajc� Date: 1/26/24 usines Asset Team Member Taylor Khoury Printed Name R,Template\Design 2 of 2 D6.Revised 9.2023 Alpha Testing, LLC 15811 Tuckerton Rd Houston,TX 77095 (713)360-0460 Project Name: Baytown Animal Shelter-Phase I-FA1903 Invoice No: 152729 (DRAW) 705 N.Robert C.Lanier Drive Invoice Date: 12/31/2022 Baytown,Texas 77521 Client: City of Baytown Project Mgr: Enriqueolvera ATTN: Millie Velazquez 18-42H 2401 Market Street Baytown,TX 77522 (281)422-8281 Customer P.O.No: 2100578 Project No: T190649 Items through: 12/31/2022 Terms: NET 30 Quantity Description of work Report Date Report# Unit Price Per Extension 1.00 Vehicle Trip Charge 12/6/2022 338-339 $60.00 TRIP $60.00 8.00 Concrete-Testing 12/6/2022 338-339 $42.00 HOUR $336.00 8.00 Concrete Comp.Test(688-695) 12/6/2022 338-339 $16.00 EACH $128.00 1.00 Vehicle Trip Charge 12/7/2022 340 $60.00 TRIP $60.00 4.00 Cylinder Pickup 12/7/2022 340 $42.00 HOUR $168.00 1.00 Vehicle Trip Charge 12/12/2022 341 $60.00 TRIP $60.00 4.00 Concrete-Testing 12/12/2022 341 $42.00 HOUR $168.00 4.00 Concrete Comp.Test(696-699) 12/12/2022 341 $16.00 EACH $64.00 1.00 Vehicle Trip Charge 12/13/2022 342 $60.00 TRIP $60.00 4.00 Cylinder Pickup 12/13/2022 342 $42.00 HOUR $168.00 1.00 Engineering Report Review 12/31/2022 0 $95.00 HOUR $95.00 Estimated Budget: $88,853.00 Previously Invoiced: $88,564.50 Total This Invoice: $1,367.00 Remaining Budget: ($1,078.50) Pay this Invoice Total: $1,367.00 PLEASE REMIT ALL PAYMENTS TO THE FOLLOWING: Alpha Testing, LLC PO Box 735418 Chicago, IL 60673-5418 For any questions concerning this invoice, please contact our project manager for clarification.