Ordinance No. 16,198ORDINANCE NO. 16,198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH RABA KISTNER, INC.
FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT PHASE
1 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT OF THIRTY-TWO THOUSAND SEVEN HUNDRED
ELEVEN AND NO/100 DOLLARS ($32,711.00); 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
Professional Services Agreement with Raba Kristner, Inc. for the East District Wastewater
Treatment Plant Phase 1 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 Raba
Kristner, Inc. in an amount of THIRTY-TWO THOUSAND SEVEN HUNDRED ELEVEN AND
NO/100 DOLLARS ($32,711.00) for consulting 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 affirmative vote of the City Council of the
City of Baytown this the 241h day of July, 2025�IA , Z4
.
R� ClIQLE§J N, Mayor
TEST:
dA
ANGEIV3A S '':N, City'.Clerk _',
y,
t • ra
APPROVED kS
SCOTT LEY40ND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2025-07-24\1st Amendment to PSA with Raba Kristner for East District WWTP Phase 1
Project.kh.docx
EXHIBIT "A"
Professional Services Contract Amendment
East District Wastewater Treatment Plant Phase 1 Project
Date of Issuance: 06/04/2025
Consultant: Raba Kistner, Inc.
BIT TER
BONN
Amendment No: 01
Project No: WWTP2002
PO/Contract#: 2414619/4250166
Explanation:
The purpose for this amendment is the modification in scope of work for the East District Wastewater
Treatment Plant Phase 1 Project. Raba Kistner, Inc., is asking for an additional $32,711.00 for the materials
testing for the project.
The consultant's original estimation of the materials testing for the project has been exhausted in the early
stages of the project. The number of soil compaction and concrete cylinder's requested has exceeded the
original amount that Raba Kistner indicated on the original proposal. Raba Kistner indicates they were not
provided a copy of the constriction schedule therefore that explains the shortage. LEM Construction Company,
Inc., has reviewed the remaining construction schedule and has estimated a quantity of 15 events that materials
testing will be required for the remaining constriction.
The additional funds requested by Raba Kistner should carry the project until completion.
Description of Work Cost Time
1. Modification in Scope of Work to fit project budget $ 32,711.00 0 Days
2. $ 0 0 Days
Total
$ 32.711.00 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: $23,925.00 669 Days
Previous Amendment(s): $ 0.00 N/A Days
Net increase (decrease) from this Amendment: $32,711.00 0 Days
Revised Contract: $56,636.00 669 Days
Percent increase (decrease) this Amendment +136.72%
Percent increase (decrease) all Amendments +136.72%
[Remainder of Page Purposely Left Blank]
R\Template\Design 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 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:
0
, o s f osel
Consultant
Thomas Posey
Printed Name
Vice President - Houston Region
Title
r" ,r
Project Manager
Enrique Villa
Printed Name
141C
Musinelf Asset Team Member
Taylor Khoury
Printed Name
Date: 06/23/25
Date: 6-25-2025
Date: 7/3/25
APPROVED:
Date:
JASON E. REYNOLDS, City Manager
APPROVED AS TO CONTENT:
By: r,�._ Date: 07/05/2025
FRANK O. SIMONr.AUX, JR., P.E., PWE Director
APPROVED AS O FUNDING:
B y : ? Date: 07/09/25
TERESA klcKENZIE, Chief Financial Officer
R\Template\Design 2 of 2 D6. Revised 9/2023
EXHIBIT A REVISED LEVEL OF EFFORT
Materials Testing Cost Breakdown for
Baytown ED WWTP Ph 1
Baytown, Texas
Proposal No. PHD23-248-00
-Qt-Y
Rate
Unit
Amount
Task 1: Soils - Sample Pickups, Area Grading, Structural Fill and Paving Subgrade
(assuming 12 site visits and 3 sample pickups)
Labor:
109000 Technician
80
x $65.00
I Hr -
$5,200.00
109010 Technician OT
15
x $97.50
/ Hr =
$1,462.50
150000 Vehicle Charge
95
x $12.00
/ Hr =
$1,140.00
900000 Soils Tests: (Spec. Frequency: testing every 2,500 sf or 5,000 so
901000 Liquid and Plastic Limits
3
x $71.00
/ Ea =
$213.00
906000 Percent Passing #200 Sieve (ASTM D-1120)
3
x $55.00
/ Ea =
$165.00
923000 OMD Standard Compaction (ASTM D-698)
2
x $231.00
/ Ea =
$462.00
945000 OMD Lime or Cement Stabilized Soil
2
x $256.00
/ Ea =
$512.00
941000 Compressive Strength of C.S.S.
8
x $81.00
/ Ea -
$648.00
951000 Nuclear Density Equipment Usage
95
x $12.00
I Hr =
$1,140.00
Task 1 Total
$10,942.50
Task 2: Concrete - Reinforcing Steel Observation, Drilled Piers, grade beams, Floor
Slab, Mezzanine and Pavement
(assuming 12 site visits for casting cylinders and 6 trips for cylinder pickup)
Labor:
109000 Technician
90
x $65.00
/ Hr =
$5,850.00
109010 Technician OT
10
x $97.50
/ Hr =
$975.00
150000 Vehicle Charge
100
x $12.00
/ Hr --
$1,200.00
300000 Concrete Mix Design Inspection and Testing: (spec. every 501100 C 1)
301000 Cylinders Test (ASTM C-39) incl. Hold
45
x $20.00
/ Ea =
$900.00
Task 2 Total
$8,925.00
Task 3: Masonary Wails - CMU Mortar and Grout
(Assuming 3 Site Vists and 3 Sample Pickups)
Labor.
109000 Technician
30
x $65.00 / Hr =
$1,950.00
109010 Technician OT
5
x $97.50 / Hr =
$487.50
150000 Vehicle Charge
35
x $12.00 / Hr =
$420.00
600000 Masonry Testing: (1 test per 5, OOOSF or per day)
601000 Compressive Strength, Mortar Cube
2
x $159.00 / Set 6 =
$318.00
603000 Cylinders Test incl. Hold
2
x $159.00 / Set 4 =
$318.00
Task 3 Total
$3,493.50
Task 4: Steel Observation- Roof Framing, Mezzanine and Stairs
(Assume Site 6 Vssts)
111000 Welding Inspector Technician, CWI Non Destructive Tester
30 x
$115.00 / Hr =
$3,450-00
150000 Vehicle Charge
30 x
$12.00 / Hr =
$360.00
Task 4 Total
$3,810.00
Task 5: Professional Services (project management: report review, attending meetings, etc.)
102000 Senior Engineer, P.E.
8 x
$190.00 / Hr =
$1,520.00
104000 Project Manager
18 x
$115.00 / Hr =
$2,070.00
115000 Administrative Support
30 x
$65.00 / Hr =
$1,950.00
Task 5 Total
$5,540.00
Rernarks. A minimum of 4 hours is applicable for oil bald services An ove6me rate of 1 5 times
It, hourly rare will be-hargod !or any r�ours worked .)var 8 per day or any hour worked on SWur.iay,
Sunday or Holidays.
Unless soecrfieallyrequested, mirvinax temperatures will not be 1ecorded (ASTM 31 10 1 2)
TOTAL $32,711.00
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