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Ordinance No. 15,134 ORDINANCE NO. 15,134 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 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR ADDITIONAL SERVICES RELATED TO ADDITIONAL PARKING ASSOCIATED WITH THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-SIX THOUSAND AND NOJ100 DOLLARS ($86,000.00); 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 First Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for additional services related to additional parking associated with the Wayne Gray Sports Complex,Turf and Parking Improvements 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 Kimley-Horn and Associates, Inc., in an amount not to exceed EIGHTY-SIX THOUSAND AND NOI100 DOLLARS ($86,000.00) for additional services related to additional parking associated with the Wayne Gray Sports Complex,Turf and Parking Improvements Project 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 affirmat' of the City Council of the City of Baytown, this the 14''day of July,2022. 6�� - - DON CAP TILLO, ayor AM ���•8AY �`'°°•TF : v o oN e ANGELA J ON, rk r� .� le Q- APPROVED A TO FO M: SCOTT LEM(514D,City Attorney RAaren AndersonlORDINANCES\2022\2022.07.14 1stAmendedPSA-WayneGraySportsComplexTurfandParkinglmprovementsProject.docx 01 Exhibit "A" CITY OF BAYTOWN PUBLIC WORKS & ENGINEERING DEPARTMENT 2123 Market Street Baytown,Texas 77520 B, BAYTOWN Professional Services Contract Amendment For Wayne Gray Sports Complex, Turf and Parking Improvements Date of Issuance: June 30,2022 Amendment No: 01 Consultant: Kimley-Horn Project No: PK2108 PO#: 2205415 Explanation This Amendment encompasses the following: the scope of work for the additional parking area(at 5335 East Road, Baytown, TX.) is to support the Wayne Gray Sports Complex in an effort to better serve the community's needs for recreation and tournament facilities. Proposed improvements include additional parking, associated lighting, utilities, pedestrian crossing of East Road, survey and platting, and adding turf strategy, prequalification, and specification associated with the Wayne Gray Sports Complex, Turf and Parking Improvements PER for a total lump sum fee not to exceed contract fee of$86,000, based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant and City dated April 191h, 2022 ("Original Scope"). Description of Work Cost Time 1. Project Management $34,000 166 Days 2. Survey and Platting $13,000 166 Days 3. Geotechnical Investigation& Report $ 5,000 45 Days 4. Drainage (NIA) $ 0 0 Days 5. Preliminary Design $10,000 166 Days 6. Phase 1 ESA $ 4,000 30 Days 7. Turf Strategy, Prequalification and Specifications $20,000 60 Days Total $ 86,000 166 Days Please attach back-up documentation: 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: $ 144,000 161 Days Previous Amendment(s): $ 0 NIA Days Contract prior to this Amendment: $ 144,000 161 Days Net increase (decrease) from this Amendment: $ 86,000 166 Days Revised Contract: $ 230,000 327 Days Design 1 of 2 D6.Revised 04'20 [Remainder of Page Purposely Left Blank] 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 Anrenchnent 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 tluis 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 Agreeuueut hereby represent that each party has the firll power and authority to enter into and perform pursuant to this Amendment, and 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 Date:7-6-22 By: Date: Consultant RICHARD L.DAVIS.City Manager Brandon Guillory Printed`ante �"^�-�"a APPROVED,,AS TO CONTENT: SVP By: �—---� Date:07/06/2022 Title FRANK O.SIMON?EAIix.JR-P-E..PIVE Director APPROVED AS TO FUNDING: By: Date: VICTOR BROwA'LEES.Finance Director Design 2 of 2 D6.Revised 04.20 Kimley>>)Horn June 30, 2022 Mr. Frank Simoneaux, P.E. Director of Public Works and Engineering City of Baytown 2123 Market Street Baytown, TX 77520 RE: Professional Services Agreement City of Baytown— Wayne Gray Sports Complex, Turf and Parking Improvements PER,Amendment No. 1 Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant") is pleased to submit this amendment proposal to the City of Baytown ("City")for providing the scope of services in Exhibit A for the additional parking area associated with the Wayne Gray Sports Complex,Turf and Parking Improvements PER—Amendment No. 1 for a total lump sum fee not to exceed contract fee of$86,000, based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant and City dated April 19th, 2022 ("Original Scope"). We appreciate the opportunity to continue to serve the City of Baytown. If you have any questions or need additional information regarding this proposal, please contact me. KIMLEY-HORN AND ASSOCIATES, INC. Sincerely, VA1b ALt*, Kristina Malek, P.L.A. Brandon Guillory, P.E. Associate/Project Manager Senior Vice President Attachments: Exhibit A—Scope of Services Exhibit B—Fee and Expense Summary and Level of Effort Exhibit C—Schedule Map 1 —Project Area Map EXHIBIT A-SCOPE OF SERVICES PROJECT BACKGROUND Consultant understands the City would like to potentially expand the staff parking (at 5335 East Rd, Baytown, TX, herein referred to as the"new parking parcel") to support the Wayne Gray Sports Complex, shown in Map 1, in an effort to better serve the community's needs for recreation and tournament facilities. Proposed improvements include additional parking,associated lighting, utilities, and pedestrian crossing of East Road.Additionally, the City would like to add title commitments for both sites; add access easements to the Wayne Gray Sports Complex; and add a standard turf specification. Consultant will perform the following tasks: NEW PARKING PARCEL TASK 1 —PROJECT MANAGEMENT Task 1.1 Project Management for the New Parking Parcel a. Data Collection i-ii. Per the original scope as it relates to the new parking parcel. b. Staff Meetings with Capital Projects and Parks Department, including the following additional meetings: i. Four(4)virtual meetings outlined in Task 7. ii. Three (3) in person meetings outlined in Task 7. iii. Weekly Overall Project Update—assumes 35 virtual meetings. iv. Per the original scope. No additional effort as it relates to the new parking parcel. c. Communication i-ii. Per the original scope as it relates to the new parking parcel d. Property Acquisition i. Consultant will coordinate with R.O.W. Solutions and provide information requested. TASK 2—SURVEY AND PLATTING Task 2.1 Boundary and Topographic Survey for the New Parking Parcel a. Through a subconsultant, Windrose Surveying and Land Services, LLC, Consultant will provide topographic and boundary survey of the New Parking Parcel. Survey includes: i-vi. Same as the original scope as it relates to the new parking parcel. Task 2.2 Platting No additional effort for this task. Task 2.3 Title Commitments for the Overall Project a. Through a subconsultant, Windrose Surveying and Land Services, LLC, Consultant will provide a limited title report for both the New Parking Parcel and Wayne Gray Sports Complex to use in Task 2.1. Task 2.4 Access Easements for Wayne Gray Sports Complex a. Through a subconsultant, Windrose Surveying and Land Services, LLC, Consultant will provide up to three (3) access easements in the plat for the Wayne Gray Sports Complex to use in Task 2.2 from the original scope. TASK 3—GEOTECHNICAL INVESTIGATION Task 3.1 Geotechnical Investigation for the New Parking Parcel a. Per the original scope as it relates to the new parking parcel. i. Per the original scope as it relates to the new parking parcel. This effort specifically includes the following field investigation: Landside borings: includes two borings totaling 20 feet of drilling. Number of Depth of Boring(feet) Location Borings 2 10 In the area of the proposed paving ii-iii. Per the original scope as it relates to the new parking parcel. TASK 4—DRAINAGE No additional effort for this task. TASK 5—PRELIMINARY ENGINEERING REPORT(PER) Task 5.1 Turf Vendor Evaluation No additional effort for this task. Task 5.2A Civil Engineering Due Diligence for the New Parking Parcel a. The Consultant will perform a limited due diligence review of the New Parking Parcel consisting of the tasks specifically listed below and prepare a summary based on the findings. i. The Consultant will visit the site to observe the existing conditions. ii. The Consultant will research the agencies which are believed to have jurisdiction over the approval of utility capacity reservations, civil engineering construction documents, and platting. The Consultant will provide a brief summary of the general submittal and approval process for each agency. iii. The Consultant will research published development criteria applicable to determining setback requirements, parking ratio requirements, parking stall and drive aisle dimension requirements, signage regulations, lighting, landscape and open space requirements. iv. Based on published access management criteria applicable to the site, the Consultant will research applicable driveway spacing requirements. v. Based on the current thoroughfare plan published by the City, the Consultant will research whether additional right-of-way may be required to be dedicated. vi. The Consultant will research whether the subject property has previously been platted and whether a plat or replat will be required. vii. The Consultant will research the existing and proposed zoning for the subject site and whether rezoning will be required. viii. The Consultant will research the designated flood zone of the subject site, as delineated on the effective Federal Emergency Management Agency Flood Insurance Rate Map. The Consultant will also summarize the development impacts of the approved Floodplain Regulations. ix. Based on published drainage criteria, the Consultant will research the applicable storm water detention and storm water quality requirements. This civil engineering due diligence task does not include research of surrounding properties or regional detention facilities, a drainage analysis of the capacity of the existing storm sewer system, or formal discussions with agencies regarding detention requirements. x. Based on utility maps available online, the Consultant will research the size and location of the nearest water, sanitary sewer and storm sewer and will attend one meeting with City staff regarding existing utilities.The Consultant will request utility maps from the local gas, electric, and telephone companies. xi. The Consultant will research which jurisdictional agencies may assess impact fees and prepare an estimate of these fees based on the provided site plan. b. The analysis will be limited to the research practical given the scope, budget, and schedule. Consultant will prepare a memorandum summarizing the items listed above based on its knowledge as of the date of the memorandum. The City may use this memorandum as part of its due diligence, but this memorandum should not be used as the sole basis for the City's decision making. The memorandum will be prepared for the exclusive use and reliance of the City. Task 5.2113 Pedestrian Crossing Due Diligence for the New Parking Parcel a. The Consultant will perform a limited due diligence review of the proposed pedestrian crossing at the New Parking Parcel consisting of the tasks specifically listed below and prepare a summary based on the findings. i. Collect 24-hr vehicular volumes ii. Estimate the number of parking spots iii. Estimate the number of pedestrians using the potential pedestrian crossing iv. Limited pedestrian crossing warrant analysis based on information gathered V. Identify options and provide a recommendation for a pedestrian crossing treatment vi. Limited analysis of the illumination for the pedestrian path b. The analysis will be limited to the research practical given the scope, budget, and schedule. Consultant will prepare a memorandum summarizing the items listed above based on its knowledge as of the date of the memorandum. The Client may use this memorandum as part of its due diligence, but this memorandum should not be used as the sole basis for the City's decision making. The memorandum will be prepared for the exclusive use and reliance of the City. Task 5.2 Schematic Design for the New Parking Parcel a-b. Per the original scope as it relates to the new parking parcel. Additionally, scope will illustrate the Pedestrian Crossing. Task 5.3 OPCC for the New Parking Parcel a-b. Per the original scope as it relates to the new parking parcel. Task 5.4 Technical Memo for the New Parking Parcel a-b. Per the original scope as it relates to the new parking parcel. TASK 6—PHASE 1 ENVIRONMENTAL SITE ASSESSMENT(ESA) Task 6.1 Phase 1 Environmental Site Assessment(ESA)for the New Parking Parcel a. Through a subconsultant, ECS Southwest, LLC., Consultant will provide a Phase 1 Environmental Site Assessment(ESA)at. Tasks include: i. Standard Package The Phase 1 Environmental Site Assessment (ESA)will be prepared in general accordance with ASTM Standard E1527-21, Standard Practice for Phase 1 Environmental Site Assessments. Additional services beyond those provided in this scope may be requested for an additional service In accordance with the ASTM protocol, it is the obligation of the"User"to report to the subconsultant any environmental liens encumbering the property or any specialized knowledge or experience of the user that would provide information about previous ownership or uses of the property that may be material to identifying recognized environmental conditions. Based on this, the subconsultant requests any previous environmental information related to the property. ii. Enhanced Package In addition to the Standard Package above, this scope includes a narrative discussion concerning the potential for business environmental risks(BERs)to be present at the property beyond the scope of the Phase 1 ESA. These ASTM non- scope items include a review of the potential for the following items to impact or be present at the subject property based on readily available information: asbestos, lead paint, lead in drinking water (municipal review), mold, wetlands/streams, endangered species, and radon. The Business Risk Review will be based on information obtained during the Phase 1 ESA and readily accessible local, state, and federal databases and does not include site specific sampling or testing, but rather a narrative opinion concerning the potential for these issues to be present based on available information and visual observations. This narrative will be included within the body of the Phase 1 ESA, unless a separate standalone letter is requested. A reliance letter will be addressed to a single entity and subject to the same terms, conditions, and scope of work as the report and associated scope. TURF SPECIFICATION TASK 7—TURF STRATEGY, PREQUALIFICATION,AND SPECIFICATION WRITING Kimley-Horn will collaborate with the City to develop a solicitation process to identify products of best-value and performance capability for: 1) rectangular fields, and 2)diamond fields.All meeting effort will be billed under Task 1.1. Task 7.1 Turf Products Strategy Workshop a. Kimley-Horn will lead a 3/4-day in person workshop with City staff to provide a technical summary introduction of synthetic turf systems design and known contemporary industry trends. Meetings: 1-meeting(in person) Task 7.2 Turf Product Prequalification a. Specifications Based on the Strategy Workshop, Kimley-Horn will meet with the city to collaborate and prepare a memo defining a basis of design for use in solicitation for selection of a preferred turf system composed of turf/carpet, infill, and impact/underlayment board for rectangular and diamond fields. Kimley-Horn will collaborate with the City to identify the charge of work, scope, technical requirements, warranty and general domestic manufacture. Kimley-Horn will meet with the City to present the summary specifications and response format for solicitation by the City. The task assume no formal City procurement process will be required. Meetings: 2-meetings(virtual) Task 7.3 City Solicitation a. This task includes effort to respond to questions and provide clarifications during the solicitation process(Task 7.2). Task 7.4 Response Review a. Kimley-Horn will assist the City in technical review of responses and identification of products based on Task 7.2 above and provide professional opinions related to received information. Kimley-Horn will collaborate with City staff to develop review and ranking criteria for received responses. Kimley-Horn will participate in up to two (2) proposal evaluation meetings that result in selection of the top-ranked candidate responder. Meetings: 2-meetings(virtual) Task 7.5 Interview Review a. Based on Task 7.2 above, Kimley-Horn will assist the City with interviewing of up to three(3)-product manufacturers deemed qualified and susceptible to award based on product specifications. Kimley-Horn will participate in one (1) interview/evaluation meeting that results in selection of the top-ranked candidate responder and prepare a memo summarizing the results. Meetings: 1-meeting(in-person) Task 7.6 Recommendations a. Based on Task 7.5 above, Kimley-Horn will accompany the City to view candidate products at installed locations. Meeting assumes 1 day of effort with up to three (3) locations. Meetings: 1-meeting(in-person) Task 7.7 Specification Writing a. Kimley-Horn will prepare a written specification for synthetic turf for 1) rectangular fields, and 2) diamond fields. Deliverables includes one (1) page written specification in pdf and word format. ADDITIONAL SERVICES Consultant can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to Consultant as a result of the material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. EXHIBIT B Wayne Gray Sorts Complex,Turf and Parking Improvements PER Task Task Name Amendment I Fee Fee Type final Fcc Fce'l'v e 1 Project Management $ $34,000 LS S I L00t1 US 2 Survey and Platting $ $13,000 LS S61.000 LS 3 Geotechnical Investigation&Report $ $5,000 LS SS.000 I'S 4 Drainage $ $0 LS 7 SA00 1 S 5 Preliminary Design $10,000 LS S26.000 I.S b Phase 1 ESA $4,000 LS SO LS 71 TurfStrategy,Pre qualification,and Specification Writing $20,000 LS S0 IS Total Contract Fee $ 86,000.00 1 14,000.00 Printed on 6/29/2022 at 12:35 PM Page 1 of 1 EXHIBIT B Wayne Cray Sports Complex LEVEL OF EFFORT SUBUNARY fret Neme: Nnyv 5luv Cvmkx ak Prepared: 6'try2o2222 tlmrvd By: KrirOm\hlh P LA. \medveml (r.naml+vle Dtrnt Lahr lPenarilaval E Sr Tabl 1u1�1 Khnky-Ibro Ramdrd sibmllU himkP-IlanTvR Nav leelor Prat Sevbr prat lepfnr Pr.f. 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