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Ordinance No. 15,372 ORDINANCE NO. 15,372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN ASSOCIATES, INC., FOR REVISED GEOTECHNICAL SERVICES TO DESIGN A MORE FEASIBLE ROUTE FOR THE FORCE MAIN FOR THE IH-10 LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-FIVE THOUSAND AND NO. 100 DOLLARS ($65,000.00); 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 the First Amendment to the Consulting Services Agreement with Kimley-Horn Associates, Inc.,for revised geotechnical services to design a more feasible route for the force main for the IH-10 Lift Station 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 Associates, Inc.,in the amount of SIXTY-FIVE THOUSAND AND NOI100 DOLLARS ($65,000.00)for revised geotechnical services to design a more feasible route for the force main 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 theaDON e of the City Co icil of the City of Baytown,this the 91"day of February,2023. CAPETILLO, ayor A EST: o�BNYTOW4,� 0 Y G 0 O ANGELAJ@CK erk ' o o °e° co APPROVED AS OF RM' OF SCOTT LEM D,City Attorney R:Karen Anderson ORDINANCES\2023\2023.02.09 1stAmendment2CSAwithKimleyHom4Hi-IOLiftStationProject.docx EXHIBIT "A" 6-10004 Consulting Services Contract Amendment (I - 10 Lift Station) Date of Issuance: 10/12/2022 Amendment No: 01 Consultant: Kimley-Horn Associates Inc. Project No: LS2001 T T F R PO#: 2108840 BAYTOWN Explanation: Amendment is for a revision of services for the IH-10 Lift Station and Force Main Final Design project. This will add an additional $65,000 on a lump sum basis to the original agreement dated August 13 ,2021. Through preliminary design, talks with PWE, and coordinating with Brierley Associates (our trenchless sub on the project)a more feasible force main crossing was identified further east than the original proposed crossing at Wade Road. This alignment is favorable to future maintenance for PWE, the overall total length of the alignment not changing. No additional fee for Right-of-Way (ROW) Acquisition Services, Bid Phase services or Construction Phase Services is included in this amendment bringing the total Contract Fee to not exceed $2,415,500 Description of Work Cost Time Additional survey and Geotech work along the force main J65,000 On call Alignment: Through preliminary design, talks with PWE, and coordinating with Brierley Associates identified a more feasible force main crossing further east than the original proposed crossing at Wade Road. KHA will be obtaining two more deep (50') Geotech bores with special testing requirements at the request of their trenchless sub (consistent with the other major crossings at the project). The deep bores need to be as close as possible to the actual crossing to obtain the most accurate groundwater and soil info. Additional survey at the West District WWTP: After discussing the force main discharge with PWE it was decided to connect directly at the splitter box at the West WWTP Deeper Geotech bore at the IH-10 Lift Station Site: An additional Geotech bore is proposed at the I1-1-10 lift station to better understand the soil conditions further beneath the proposed wet well depth Total $ 65,000 On call Proposal Scope/Schedule: The additional scope of work and the schedule associated with the same, are attached hereto as Exhibit "A" and Exhibit"C" incorporated herein for all intents and purposes. Cost& Time Change Summary: Cost Time Original Contract: $2,350,500.00 On call Previous Amendment(s): N/A On call Net increase (decrease) from this Amendment: $ 65,000 On call Revised Contract: $ 2,415,500.00 On call Design 1 of 2 D6.Revised 11 21 [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 ill the Amendment until this Amendment is executed. Unless a different meaning clearly appears from the context, words and pleases 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 assruned primary responsibility for the drafting of this Annendnrent. 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 contact or agreement or addenda. any charter. or applicable state haw. 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 perfornn ptusuannt 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: 1i1ai2o2s Y B : Date: Consultant RICHARD L DAVIS.City Manager Stephen Kelly Ni nted Name APPROVED AS TO CONTENT: Project Manager,Assistant Secretary By: Date:0112412023 Title FRANK O SINONEAUX JR.P E.PWE Director APPROVED AS TO FUNDING: By: Date: VICTOR BROWNLEES.Finance Director Design 2 of 2 D6.Revised 11 21 Kimley)))Horn November 17, 2022 Mr. Frank Simoneaux, P.E. Director of Public Works and Engineering City of Baytown 2123 Market Street Baytown,TX 77520 RE: Amendment No. 1 -Professional Services Agreement City of Baytown—IH-10 Lift Station and Force Main Final Design, ROW Acquisition Services, Bidding Phase Services, and Construction Phase Services Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant')is pleased to submit this proposal to the City of Baytown ("City")for providing Amendment No 1 for the scope of services in Exhibit A for the IH-10 Lift Station and Force Main Final Design project.Amendment No 1 will add an additional $65,000 on a lump sum basis to the original agreement dated August 13, 2021, bringing the total Design Phase Services lump sum fee to $2,133,700. No additional fee for Right-of-Way(ROW)Acquisition Services, Bid Phase services or Construction Phase Services is included in this amendment bringing the total Contract Fee to not exceed $2,415,500. 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, <4L 4�� Stephen Kelly, P.E Aaron K. Radar, P.E. Project Manager/Assistant Secretary Vice President Attachments: Exhibit A—Scope of Services Exhibit B—Fee Summary Exhibit C—Schedule EXHIBIT A- SCOPE OF SERVICES Task 1: Topographic Survey at West WWTP and Force Main Alignment(East of Wade Rd.) This task consists of the services for a professional land surveyor(Windrose Land Services, Inc.)to provide a Category 6, Condition I Topographic, Utility Survey of the proposed force main and West WWTP.As part of this task, Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with surveyor(subconsultant). 2. Perform one(1)site visit to review topographic information provided by surveyor for general compliance with the scope of services and observed field conditions. 3. Review Digital Terrain Model and 1-foot contours provided by the surveyor for general compliance with the scope of services and observed field conditions. 4. Review electronic base files provided by the surveyor in preparation for final force main design. B. Subconsultant Scope of Services: 1. Force Main Alignment and West WWTP i. Task 1: Cat. 6, Cond. I Topographic&Utility Survey Additional Area(West WWTP)(+/-2.0)Acres 1. Horizontal Survey Control will be referenced to the Texas State Plane Coordinate System, South Central Zone, NAD83 using Trimble R8 GPS Receivers and post processing against local area published CORS Stations. 2. Vertical Topographic information will be based on the nearest existing City of Baytown Benchmark, NAVD 1988. 3. Topographic survey will be performed on approx. 50' x 50'grid where available, including all grade breaks and changes in elevation. Survey will reflect all improvements, elevations, observable utilities, Existing pavement, curbs, sidewalks, barrier free ramps, driveways, existing inlets, manholes,junction boxes, outfalls,fire hydrants,valve boxes and erosion control, Culverts and Bridges, Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, traffic signal poles, cabinets, and other signal equipment, Signs (excluding temporary signs), Trees, landscaping and hardscaping, Buildings, Retaining walls, Fence limits and material types, and within the proposed development areas. 4. Surveyor is liable to show only that information which is marked and available at the time of survey. Surveyor is not responsible for other utility lines or plans that may exist or discovered during future investigation or uncovered during ongoing construction phases. 5. It is the contractor's responsibility to contact Digtess or other utility location service, for location of underground utilities, prior to construction. ii. Task 2: Cat. 6, Cond. I Topographic& Utility Survey(CL Feeder to ROW+ 50') 1. Topographic survey will be performed on approx. 100'x-sections where available, including all grade breaks and changes in elevation. Survey will reflect all improvements, elevations, observable utilities, Existing pavement, curbs, sidewalks, barrier free ramps, driveways, existing inlets, manholes,junction boxes, outfalls,fire hydrants,valve boxes and erosion control, Culverts and Bridges, Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, traffic signal poles, cabinets, and other signal equipment, Signs (excluding temporary signs), Trees, landscaping and hardscaping, Buildings, Retaining walls, Fence limits and material types, and within the proposed development areas from the centerline of the Eastbound and Westbound Frontage Roads as applicable plus an area 50 feet outside the ROW line. Utility information shown on the survey is based on visible above ground improvements and evidence found on-site at the time survey, only. No subsurface research, inspection, probing or excavation is included within the scope of this task. Task 2: Geotechnical Investigation for Force Main This task consists of the services for a geotechnical engineer(Riney Engineering Services, Inc., or Riner) to provide geotechnical information at the lift station site and along the proposed force main re-route.As part of this task, Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with geotechnical engineer(subconsultant). 2. Review geotechnical report and provide one(1) round of comments 3. Coordinate with the City, TxDOT, and UPRR to provide information to the geotechnical engineer for right-of-way(ROW)permits for geotechnical drilling equipment. B. Subconsultant Scope of Services:Through Riner, the Consultant will perform the following services: 1. Trenchless Location Geotechnical Bore.Two(2)geotechnical bores up to 50 feet deep at the following locations: i. IH-10 Crossing(northeast corner of the intersection of Whiting Rock St. and the E IH-10 Service Road) ii. IH-10 Crossing(approximately 400 feet directly south of location 1 above) 2. Force Main Geotechnical Bore. Two(2)geotechnical bores up to 25 feet deep along the proposed alignment. The location of these two bores will be between Wade Road and the IH-10 Crossing described above. 3. Lift Station Geotechnical Bore. One(1)geotechnical bore up to 60 feet deep at the IH-10 Lift Station site. Additional Services Any services beyond the Scope of Services not specifically described in the scope shall be considered additional services. The Consultant can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to the 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 — Fee Summary Kimley-Horn proposes to perform the engineering services described in Exhibit A for an additional lump sum fee of$65,000. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time,and local mileage. Payment will be due within 30 days of your receipt of the invoice. EXHIBIT C - SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule as dictated by the nature of the work requested by the City. Times for performance shall be extended as necessary for delays due to circumstances that Kimley-Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control. Consulting Services Contract Amendment (I - 10 Lift Station) Date of Issuance: 10/12/2022 Amendment No: 01 Consultant: Kimle P-Horn Associates_ Inc. Project No: LS2001 BAYTO�'N B C T T E F� FO#; 2108840 Explanation: Amendment is for a revision of services for the IH-10 Lift Station and Force Main Final Design project. This will add an additional $65,000 on a lump sum basis to the original agreement dated August 13 ,2021. Through preliminary design, talks with PWE, and coordinating with Brierley Associates (our trenchless sub on the project)a more feasible force main crossing was identified further east than the original proposed crossing at Wade Road. This alignment is favorable to future maintenance for PWE, the overall total length of the alignment not changing. No additional fee for Right-of-Way (ROW) Acquisition Services, Bid Phase services or Construction Phase Services is included in this amendment bringing the total Contract Fee to not exceed $2,415,500 Description of Work Cost Time Additional survey and Geotech work aloe, the force main $65,000 On call Aignment: Through preliminary design, talks with PWE, and coordinating with Bricrley Associates identified a more feasible force main crossing further cast than the original proposed crossing at Wade Road. KHA will be obtaining two more deep (50') Geotech bores with special testing requirements at the request of their trenchless sub (consistent with the other major crossings at the project). The deep bores need to be as close as possible to the actual crossing to obtain the most accurate groundwater and soil info. Additional survey at the West District WWTP: After discussing the force main discharge with PWE it was decided to connect directly at the splitter box at the West WWTP Deeper Geotech bore at the IH-10 Lift Station Site: An additional Geotech bore is proposed at the I1-1-10 lift station to better understand the soil conditions further beneath the proposed wet well depth Total $ 65,000 On call Proposal Scope/Schedule,: The additional scope of work and the schedule associated with the same, are attached hereto as Exhibit "A" and Exhibit "C" incorporated herein for all intents and purposes. Cost & Time Chan a Summary: Cost Time Original Contract: $ 2,350,500.00 On call Previous Amendment(s): NIA On call Net increase (decrease) from this Amendment: $ 65,000 On call Revised Contract: $ 2,415,500.00 On call Design I of 2 D6. Revised ]]/21 [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 tins 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 mealungs 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 Amendrrrent 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 heretuder because that party may have assumed primary responsibility for the drafting of this Arneudment. By this Ainenchrrent, 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 Arnendrnent, 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 patty has the fall 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: APP D: By Date: 1/18/2023 B ,. Z./(;/Z1 conSIATMt Date: Stephen Kelly ,City Manager 3 ruE.Peslrold5 Ptvued Name APPR VED AS TO CONTENT: Project Manager,Assistant Secretary B (" A Title FRANK - Date: 24 2023 FRANK O.SIMONEAUX 7R..P.E..MT Director APP A i By= Date al V R BR(A . EES.FLtauce D;rector Design 2 of 2 D6.Revised 1 I/2I Kimley Morn November 17, 2022 Mr. Frank Simoneaux, P.E. Director of Public Works and Engineering City of Baytown 2123 Market Street Baytown, TX 77520 RE: Amendment No. 1 -Professional Services Agreement City of Baytown—IH-10 Lift Station and Force Main Final Design, ROW Acquisition Services, Bidding Phase Services, and Construction Phase Services Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant') is pleased to submit this proposal to the City of Baytown ("City")for providing Amendment No 1 for the scope of services in Exhibit A for the IH-10 Lift Station and Force Main Final Design project. Amendment No 1 will add an additional $65,000 on a lump sum basis to the original agreement dated August 13, 2021, bringing the total Design Phase Services lump sum fee to $2,133,700. No additional fee for Right-of-Way(ROW)Acquisition Services, Bid Phase services or Construction Phase Services is included in this amendment bringing the total Contract Fee to not exceed $2,415,500. 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, Stephen Kelly, RE Aaron K. Radar, P.E. Project Manager/Assistant Secretary Vice President Attachments: Exhibit A—Scope of Services Exhibit B—Fee Summary Exhibit C—Schedule EXHIBIT A — SCOPE OF SERVICES Task 1: Topographic Survey at West WWTP and Force Main Alignment (East of Wade Rd.) This task consists of the services for a professional land surveyor(Windrose Land Services, Inc.)to provide a Category 6, Condition I Topographic, Utility Survey of the proposed force main and West WWTP.As part of this task. Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with surveyor(subconsultant). 2. Perform one(1) site visit to review topographic information provided by surveyor for general compliance with the scope of services and observed field conditions. 3. Review Digital Terrain Model and 1-foot contours provided by the surveyor for general compliance with the scope of services and observed field conditions. 4. Review electronic base files provided by the surveyor in preparation for final force main design. B. Subconsultant Scone of ServiceS7 1. Force Main Alignment and West WWTP i. Task 1: Cat. 6, Cond. I Topographic & Utility Survey Additional Area (West WWTP)(+/-2.0)Acres 1. Horizontal Survey Control will be referenced to the Texas State Plane Coordinate System, South Central Zone, NAD83 using Trimble R8 GPS Receivers and post processing against local area published CORS Stations. 2. Vertical Topographic information will be based on the nearest existing City of Baytown Benchmark, NAVD 1988. 3. Topographic survey will be performed on approx. 50'x 50'grid where available, including all grade breaks and changes in elevation. Survey will reflect all improvements, elevations, observable utilities, Existing pavement, curbs, sidewalks, barrier free ramps, driveways, existing inlets, manholes,junction boxes, outfalls, fire hydrants, valve boxes and erosion control, Culverts and Bridges, Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, traffic signal poles, cabinets, and other signal equipment, Signs (excluding temporary signs), Trees, landscaping and hardscaping, Buildings, Retaining walls, Fence limits and material types, and within the proposed development areas. 4. Surveyor is liable to show only that information which is marked and available at the time of survey. Surveyor is not responsible for other utility lines or plans that may exist or discovered during future investigation or uncovered during ongoing construction phases. 5. It is the contractor's responsibility to contact Digtess or other utility location service, for location of underground utilities, prior to construction. ii. Task 2: Cat. 6, Cond. I Topographic& Utility Survey(CL Feeder to ROW+ 50') 1. Topographic survey will be performed on approx. 100'x-sections where available, including all grade breaks and changes in elevation. Survey will reflect all improvements, elevations, observable utilities, Existing pavement, curbs, sidewalks, barrier free ramps, driveways, existing inlets, manholes,junction boxes, outfalls,fire hydrants, valve boxes and erosion control, Culverts and Bridges, Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, traffic signal poles, cabinets, and other signal equipment, Signs (excluding temporary signs), Trees, landscaping and hardscaping, Buildings, Retaining walls, Fence limits and material types, and within the proposed development areas from the centerline of the Eastbound and Westbound Frontage Roads as applicable plus an area 50 feet outside the ROW line. Utility information shown on the survey is based on visible above ground improvements and evidence found on-site at the time survey, only. No subsurface research, inspection, probing or excavation is included within the scope of this task. Task 2: Geotechnical Investigation for Force Main This task consists of the services for a geotechnical engineer(Riner Engineering Services, Inc., or Riner) to provide geotechnical information at the lift station site and along the proposed force main re-route. As part of this task, Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with geotechnical engineer(subconsultant). 2. Review geotechnical report and provide one (1) round of comments 3. Coordinate with the City, TxDOT, and UPRR to provide information to the geotechnical engineer for right-of-way(ROW) permits for geotechnical drilling equipment. B. Subconsultant Scope of Services Through Riner, the Consultant will perform the following services: 1. Trenchless Location Geotechnical Bore Two(2)geotechnical bores up to 50 feet deep at the following locations: i. IH-10 Crossing (northeast corner of the intersection of Whiting Rock St. and the E IH-10 Service Road) ii. IH-10 Crossing (approximately 400 feet directly south of location 1 above) 2. Force Main Geotechnical Bore. Two (2) geotechnical bores up to 25 feet deep along the proposed alignment. The location of these two bores will be between Wade Road and the IH-10 Crossing described above. 3. Lift Station Geotechnical Bore One (1)geotechnical bore up to 60 feet deep at the IH-10 Lift Station site. Additional Services Any services beyond the Scope of Services not specifically described in the scope shall be considered additional services. The Consultant can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to the 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 — Fee Summary Kimley-Horn proposes to perform the engineering services described in Exhibit A for an additional lump sum fee of$65,000. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time,and local mileage. Payment will be due within 30 days of your receipt of the invoice. EXHIBIT C - SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule as dictated by the nature of the work requested by the City. Times for performance shall be extended as necessary for delays due to circumstances that Kimley-Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control.