Ordinance No. 16,187 ORDINANCE NO. 16,187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE ROBERT E. LEE
HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT WITH MBN
ENTERPRISES, LLC, APPROVING A DECREASE IN THE CONTRACT
AMOUNT FOR THE PROJECT IN THE AMOUNT OF TEN THOUSAND SIX
HUNDRED TWENTY-EIGHT AND 50 100 DOLLARS ($10,628.50); 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 does hereby authorize Change Order No. 2 to the Robert
E. Lee High School Drainage Re-route Project with MBN Enterprises, LLC,approving a decrease
in the contract amount for the project in the amount of TEN THOUSAND SIX HUNDRED
TWENTY-EIGHT AND 50 100 DOLLARS ($10,628.50). A copy of said change order is
attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes.
Section 2: 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 10" day of July, 2025.
CHARLES J ON, Mayor
A EST:
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APPROVED" ' �r
SCOTT L -M ND, City Attorney
R Ordinances and Resolutions Ordinance Drafts 2025-07-lMrdinance for Change Order No 2 for the Robert E Lee High School Drainage Re-route Project with
MBN Enterprises LLC%h doer
EXHIBIT "All CITY OF BAYTOWN
PUBLIC WORKS& ENGINEERING
I ti 2123 Market St.
Baytown,Texas 77520
BAYTOWN CHANGE ORDER
Robert E.Lee Drainage Re-Route
Date of Issuance: 63 2025 Change Order No.: 2
Contractor: MBN Enterprises, LLC CoB Project No.: DR2104 DRA12104
Kimley-Horn and
Designer: Associates, Inc. P.O./Contract No.: 2317241/4250073
Explanation:
This change order encompasses the following-
This change order is issued to facilitate the closeout of the Robert E. Lee Drainage Re-Route CIP Project. Most of the
items listed herein were originally included in the contract to account for potential overruns in construction quantities,
and to reduce the likelihood of additional change orders. Upon project completion, it has been determined that the
quantities and items specified were overestimated. Several items identified as unnecessary during the project's
execution have been removed. Additionally, Line Item 35 has been increased to account for unforeseen erosion of the
channel caused by intensified rainfall events over the past year. There is also a credit for overpayment, due to errors in
prior pay applications.
Bid Tab Items:
(Line Item 17)48-inch RCP
(Line Item 18) 24-inch RCP
(Line Item 24)9x4 Junction Box
(Line Item 34)Concrete Slope Paving
(Line Item 35) Rip-Rap
(Line Item 52) Inlet Protection
Credit for overpayment
Description of Work Cost Time
1. Line Item 17- 48-inch RCP $ (10,500.00) 0 Days
2. Line Item 18 - 24-inch RCP $ (1,680.00) 0 Days
3. Line Item 24-9x4 Junction Box $ (10,000.00) 0 Days
4. Line Item 34-Concrete Slope Pax 1ng $ (400.00) 0 Days
5 Lune Item 35 - Rip-Rap $ 13,931.50 0 Days
6 Line Item 52 - Inlet Protection $ (150 00) 0 Days
7. Credit for overpayment $ (1,830.00) 0 Days
Cost& Time Change Summary Cost Time
Original Contract. $ 1,717,017.00 362 Days
Previous Change Order(s): $ (51,912.25) 0 Days
Contract prior to this change order: $ 1,665,104.75 362 Days
Net increase(decrease) from this change order $ (10,628.50) 0 Days
Revised Contract: $ 1,654,476.25 362 Days
Percent increase(decrease)this Change Order -0 620 o
Percent increase(decrease)all Change Orders -3.640 o
Construction I of 2 D 16 Revised 9 2023
RECOMMENDED: COMMENDED:
By: ' Date: 6/24/2025 �� Date:06/25/2025
Design Engineer Frank Simoneaux,Jr., Director of Public Works&Fnguieenng
ACCEPTED*: FINANCE APPROVAL:
By: � Date: 6/24/2025 By L Date: 06/25/25
Contractor Teresa McKenzie,Ch of Financial Officer
RECOMMENDED: APPROVED:
By. _-- Date: 6/24/2025 By Date.
Project Manager Jason E.Reynolds,City Manager
VERIFIED:
By: Date: 6-24-25
Business sset Team Member
*Contractor agrees to perfomi change(s)included in this Change Order for the price and time indicated The prices for changes included all costs associated with
this Change Order
No work is to be done until this change order is executed No payment to the Contractor(or Consultant)shall be made for work included m the change order until
the Contractors pay estimate is updated
Re%ise the project plans and specifications as referenced and insofar as the original project draamgs and specifications are inconsistent,this Change Order
governs Upon execution by all parties,the folloxtimg changes identified for the contract value and/or contract time shown,are made part of the contract.
Construction 2 of 2 D 16 Revised 9/2023
Kimley*Horn
June 11, 2025
Mr. Michael Leech
Assistant Director—Capital Projects
City of Baytown
2123 Market Street
Baytown, Texas 77522
RE: Robert E. Lee High School Drainage Re-Route Change Order#2 Quantities
Dear Mr. Leech:
On Decemeber 19, 2024, Kimley-Horn attended a final completion walkthrough for the project
mentioned above. The purpose of this letter is to summarize the changes in unit item quantities for the
final pay application of this project. Upon final completion of this project, several line-item quantities
remained unused and are detailed in Table 1. The quantity for Item 35 Rip-Rap was increased due to
the erosion of the channel from intense rainfall events.The credit from overpayment on Pay Application
9 noted in the Change Order No. 2 Memo is also listed in the table.
Table 1. Change Order Summary
17 48-inch RCP $350 LF -30 ($10,500.00)
18 24-inch RCP $210 LF -8 ($1,680.00)
24 9x4 Junction Box $10,000 EA -1 ($10,000.00)
34 Concrete Slope Paving $80 SY -5 ($400.00)
35 Rip-Rap $550 CY +25.33 $13,931.50
52 Inlet Protection $50 EA -3 ($150.00)
Credit from overpayment ($1,830.00)
Change Order Net Decrease: ($10,628.50)
Following this change order, the amount shown in the table above, $10,628.50, will be deducted from
the contract amount of$1,665,104.75. The revised contract amount will be$1,654,476.25.
Please contact me at 346-249-8380 or victoria.baltazard?kimlev-horn.com if I can offer further
clarification.
Sincerely,
1/
rl
Victoria Baltazar, PE
Kimley-Horn and Associates, Inc.
Texas Registered Engineering Firm F-928
00 Katy Freeway, Suite :00 Houston,Texas 77079 ��
OBAMYTH
City of Baytown
June 3, 2025
Re: Changer Order 2
Robert E Lee Drainage Re-Route
DRA12104
Overview
During the final review of the Robert E Lee Drainage Re-Route Project and the preparation of Change Order 2, an
inconsistency has been identified regarding the (completed and stored)quantities versus the corresponding
payment amounts. Specifically, Pay Application 9 reflects a payment of$1,233,428.00,while the actual quantities
completed and stored up to that point total only $1,231,598.00 This discrepancy resulted in an overpayment of
$1,830.00,which was not subsequently recouped.
While subsequent pay applications (from Pay Application 10 onward) accurately reflect the work and quantities,
the cumulative recorded values do not account for the initial overpayment.This change order has a credit to
ensure compliance.
Issue Summary-
Pay Application 9 Payment: $1,233,428.00
Actual Completed & Stored Quantities Value: $1,231,598.00
Overpayment Amount: $1,830 00
Sincerely,
Rafael Errisuriz
Construction Manager
City of Baytown
LETTER TEMPLATE 1 Rev 10 06/2023