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Ordinance No. 15,039 ORDINANCE NO. 15,039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH ALPHA TESTING, INC., FOR CONSTRUCTION MATERIAL TESTING SERVICES ASSOCIATED WITH THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY-SEVEN AND N0I100 DOLLARS($28,827.00);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 Consulting Services Agreement with Alpha Testing, Inc., for construction material testing services associated with the Animal Services and Adoption Shelter Project. A copy of the amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Alpha Testing, Inc., in an amount not to exceed TWENTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY-SEVEN AND NO/100 DOLLARS ($28,827.00) 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 affi tive vote of the City-Council of the City of Baytown this the 24`h day of February,2022. BRANDON CAPE LLO, Mayor AT EST: O�BpYTOwv 0 . tC o ANGELA JaCKSON, City Cie r ss0. V1 e O O pe APPROVED AS TO FORM: OF AY, TREVOR FANNING, Interim City Attorney RAKaren Anderson'ORDINANCES\2022\2022.02.24\2ndAmendedConsultingServicesAgreementAnimalShelterProject.docx EXHIBIT "A" Consulting Services Contract Amendment (Animal Services and Adoption Shelter) Date of Issuance: February 4,2022 Amendment No: 02 Consultant: Alpha Testing,Inc. Project No: FA 1903 BETTER PO#: 2100578 BAYTOWN Explanation: This Amendment encompasses the following:The scope of work for the Animal Services and Adoption Shelter for additional scope in construction material testing to include additional storm drainage and paving for a driveway around the east side of the Animal Services and Adoption Shelter that was added during the construction award. Additional masonry material testing was also included. The scope of the work includes observation, testing and documentation of construction activities to maintain compliance assurance with construction specifications. The scope of work includes proof rolling operations, subgrade compaction, gradation testing, density testing and testing of concrete placed for the driveway. This work includes certified field technicians and project oversight. Description of Work Cost Time 1. Construction Materials Testing $ 28,827.00 0 Days Total $28,827.00 0 Days Scope/Schedule: The additional scope of work and the schedule associated with the same, are attached hereto as Exhibit "A" and Exhibit"B" and incorporated herein for all intents and purposes. Cost& Time Change Summary: cost Time Original Contract: $ 30,645.00 494 Days Previous Amendment(s): $ 29,381.00 N/A Days Net increase (decrease) from this Amendment: $ 28,827.00 0 Days Revised Contract: $ 88,853.00 494 Days [Remainder of Page Purposely Left Blank] Design 1 of 2 D6.Revised 04/20 Consultant agrees to perform change(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 innmrnity. The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pursuant to this Amendment, mud that each has been properly authorized and empowered to enter into this 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: TL Date: 02/04/2022 By: Date: Consultant RICHARD L.DAVIS.City Manager _ Joseph ley Printed Name APPROVED AS TO CONTENT: _ Regional Manager. By: Date: Title FRANK O.SIMONEAUX JR.,P.E.. PWE Director APPROVED AS TO FUNDING: By. Date: VICTOR BROWNLEES.Finance Director Design 2 of 2 D6.Revised 04/20 EXHIBIT A SCOPE OF SERVICES SITE PREPARATION,FILLING,BACKFILLING Building Structures:1 FDT every 2,500 square feet and 6 inch lift Paving:1 FDT each 5,000 square feet and 6 inch lift Atterberg Limit Test: 1 sample to be obtained every 10,000 square feet per 6 inch lift All areas supporting slab foundations,flatwork,pavement or areas to receive new fill should be properly proofrolled,compacted and tested. UTILITIES Trench backfill:1 density test for every 100 linear feet each 6 inch lift. Trench backfill for utilities should be properly placed and compacted in accordance with requirements of local City standards MECHANICAL LIME STABILIZATION Lime Treated Subgrade: 1 density test for every 5,000 square feet. Atterberg Limit Test:1 sample to be obtained for each site visit CONCRETE TESTING Slab: 1 set of 4 test cylinders every 100 cubic yards. Paving: 1 set of 4 test cylinders every 100 cubic yards. Gradebeam:1 set of 4 test cylinders every 50 cubic yards. Spread Footings:1 set of 4 test cylinders every 50 cubic yards. STRUCTURAL STEEL 1 trip every 5,000 square feet UTILITIES Trench backfill:1 density test for every 100 linear feet each 6 inch lift. CONCRETE TESTING Paving:1 set of 4 test cylinders every 100 cubic yards. EXHIBIT B LEVEL OF EFFORT Lime Stabilization $ 1,920.00 Concrete Slab& Paving $11,545.00 Rebar and Footings $ 1,687.00 Structural Steel $ 1,695.00 Masonry $10,685.00 Steel Testing $ 1,295.00 Total: $28,827.00 EXHIBIT C SCHEDULE Field testing services will be provided on a call-out basis when scheduled by the City's representative. A minimum 24-hours' notice is required to schedule Consultant services, although Consultant will attempt to meet requests in a shorter time frame. Consultant shall perform services throughout and until completion and acceptance by the City Council of all work associated with the project.