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Ordinance No. 16,202ORDINANCE NO. 16,202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND 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 SEVENTY-TWO THOUSAND, SIXTY-FIVE AND NO/100 DOLLARS ($72,065.00); 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 Second 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 SEVENTY-TWO THOUSAND, SIXTY-FIVE AND NO/100 DOLLARS ($72,065.00) for professional services in accordance with the amendment authorized in Section I 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 vot of the City Co cil of the City of Baytown this the 24th day of July, 2025. n CHXRI.ES JOHNnayor r(� A ST.J �myb�: r, •o;,,E,! ��',.. `lf�� b ANGEL KSO" "; City C eck•' Ci APPROVE AS O F� SCOTT LEYIOND, City Attorney RAOrdinances and Resolutions\Ordinance Drafts\2025-07-24\0rdinance 2nd Amendment for Goose Creek Lift Station.mhs.doc EET - ER BAYTO N EXHIBIT "A" Consulting Services Contract Amendment Goose Creek Lift Station Rehabilitation Date of Issuance: 05/23/2023 Consultant: Carollo Engineers, Inc. Amendment No: 02 Project No: LFST2002 PO/Contract#: 2313730/4250156 Explanation: This amendment is to add funding and time for construction management, construction inspection services, and professional engineering services for the Goose Creek Lift Station Rehabilitation Project. Professional services were budgeted through January 2024 but it was necessary to extend Carollo's services due to challenges associated with close out of the project. Description of Work 1. Constriction Phase Service (CMCI) Total Cost Time $ 72,065.00 516 Days $ 72,065.00 516 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: Original Contract: Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: Percent increase (decrease) this Amendment +95.22% Percent increase (decrease) all Amendments +205.36% Cost Time $75,686.00 240 Days $83,371.00 270 Days $72,065.00 516 Days $231,122.00 1.026 Days 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 J ointly 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-/ (���� 7/8/2025 By: , �-...� ��' < < Date: . Consultant Meera Victor Printed Name Vice President Title -.0e Project Manager Printed Name D ate: 0% i � 8" 1) C? `) By: Date: 7/8/25 usin Asset Team Mefflber Taylor Khoury Printed.Naine APPROVED: MW JASON E. REYNOLDS, City Manager Date: APPROVED AS TO CONTENT: By: Date:07/09/2025 FRANK O. SINIONEAUY. JR.. P.E., PWE Director APPROVED AS TO FUNDING: By: G10 Date: 07/15/25 TERESA N1cKENZIE. -'Fief Financial Officer R\Template\Design 2 of 2 D6. Revised 9/2023 EXHIBIT A Scope of Services City of Baytown — Goose Creek Lift Station Rehabilitation (Phase 2, Amendment 2) 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 throw January 2024. Due to claims filed by the Contractor, the City chose to extend Carollo's services through June 2025 in order to provide support requested by the City. The purpose of this amendment is to reimburse Carollo for costs incurred duringperiod noted above. The Scope of Work for this amendment matches the original Scope of Work, which is reiterated below, with an emphasis on items 4 (Document Control and Records Management), 5 (Change Order Management), and 7 (Project Closeout). 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 - Goose2B 2025-05-19.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. 5. 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 - Goose2B 2025-05-19.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 - Goose2B 2025-05-19.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 - Goose2B 202S-05-19.docx Page 4 of 4 ESTIMATED LEVEL OF EFFORT CITY OF BAYTOWN -GOOSE CREEK LIFT STATION REHABILITATION (Extension of services thi Task # Task Name Labor Hours Principal Sr. Construction Manager Onsite Project Representative /Inspector Inspection Support/ Engineer 1 $310 $295 $185 $150 Meera Victor Neil Barnsdale Bill Myers S. Shinde 1 Task 1- Construction Management and Administration 0 69 0 0 1.1 Act as the City's Representative, Administer the Contract 49 1.2 Progress Meetings Facilitation and Documentation 20 1.3 Project Documentation and Activity Logs 2 Task 2- Onsite Project Representative/Inspector 0 0 0 0 2.1 Onsite observation, documentation, inspection 3 Task 3- Pay Applications 0 0 0 0 3.1 Review, Verify Quantities, Coordinate with Contractor & Design Engineer 4 Task 4- Document Control and Records Management 0 0 0 0 4.1 Manage and Track Documents in EADOC 5 Task 5- Change Order Management 0 104 0 0 5.1 Requests for Proposals, preparation and coordination 5.2 Review, Negotiation, Recommendations related to Change Orders 104 5.3 Change Order preparation and coordination 6 Task 6 - Quality Control and Materials Testing Coordination 0 0 0 0 6.1 Coordination with the Materials Testing Technician 6.2 Review of Test Reports and Invoices 7 Task 7- Project Closeout 0 0 0 0 7.1 Punch Lists, Final Inspections, Closeout Change Order 7.2 Operations and Maintenance Documents 7.3 Review Final Closeout Documentation 7.4 Facilitate Project Closeout Meeting Total Cost To -Date 0 173 0 0 Contingency for Additional Hours 0 60 0 0 Total Estimated Budget 0 1 233 0 0 Notes: Hours expressed herein are presented solely for the establishment of a total budget. Actual hours may vary based upon specific project needs. ODC = Other Direct Costs (reimbursement for mileage, preparation of exhibits, etc.) = 0% labor. PECE = Project Equipment and Communication Expense (computers, software, CM documentation platform, technical support, etc.) = $15/hour City of Baytown — Goose Creek Lift Station Construction Management and Inspection Services Schedule Extension Description Duration Dates of Service Construction Management and Inspection Services 17 months 2/1/24 — 6/30/2025 Exhibit C - Schedule - Goose 2025-05-19.docx