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Ordinance No. 15,392 ORDINANCE NO. 15,392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN ASSOCIATES,INC.,FOR THE DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-SEVEN THOUSAND AND NO/100 DOLLARS ($67,000.00); 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 Professional Services Agreement with Kimley-Horn Associates, Inc., for the design and preparation of construction documents for the Wayne Gray Sports Complex, Turf and Parking Improvements Construction 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-SEVEN THOUSAND AND NO, 100 DOLLARS ($67,000.00) for the design and preparation of construction documents 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 of vote of the City Council of the City of Baytown,this the 9i1'day of March,2023. DON CAPETILLO, M yor . EST: OF gAYT ft 1 *�• •:; ° cn AWGELA16CKSO t1 C1 r APPROVED AS TO O SCOTT LEM00, ty Attorney R:'.Karen Anderson.ORDINANCES1202312023.03.09'IstAmdPSAwithKmrleyHorn-WayneGraySponsComplexTurf&ParkmglmpProject.docx EXHIBIT "Alf 0001 CITY OF BAYTOWN PUBLIC WORKS & ENGINEERING DEPARTMENT 2123 Market Street Baytown,Texas 77520 [ F } TTER BAYTOWN Professional Services Contract Amendment For Wayne Gray Sports Complex,Turf and Parking Improvements Date of Issuance: February 20, 2023 Amendment No: 01 Consultant: Kimley-Horn Project No: PK2108 PO##: 2312615 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 scope includes the design of an additional parking lot, parking lot lighting, design of drainage and detention improvements to offset the impacts of added impervious cover, an aquatic resources delineation, the design of a pedestrian connection from the parking lot to Pirate Bay Water Park, and design of the parking site's landscape and irrigation. This scope includes preparation of construction documents, bid phase services and construction phase services for the Wayne Gray Sports Complex, Turf and Parking Improvements for a total lump sum fee not to exceed contract fee of$67,000, based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant and City dated January 12'b, 2023 ("Original Scope"). Description of Work Cost Time 1. Project Management $ 11000 150 Days 2. Construction Document $30,000 130 Days 3. Bid Phase Services $ 2,000 48 Days 4. Construction Phase Services $15,000 55 Days 5. Aquatic Resources Delineation and Preliminary $ 7,000 0 Days Jurisdictional Analysis 6. USACE NWP Non-Notifying Memorandum $ 4,500 0 Days 7. USACE NWP Pre-Construction Notification (PCN) $ 7,500 0 Days Total $ 67,000 230 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: $ 119,000 Days Previous Amendment(s): $ 0 NIA Days Contract prior to this Amendment: $ 119,000 Days Net increase (decrease) from this Amendment: $ 67,000 Days Revised Contract: $ 186,000 230 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 witil 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 Annendrnnent and the Agreement and all previous amendments, if any,shall be read together and constnned as one agreennent 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 aniendutent, the provisions of this Amendment shall control This Amendment has been jointly negotiated by the parties hereunder and shall not be consented againet a party hereunder because that party may have asstuned 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 chatter, or applicable state law. Nothing contained in this Amendment or in the Agreement shell be consented in any way to limit or to waive the City's sovereign inuntunity The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pm-suant to this Anrendnnent, and that each has been properly authorized and empowered to enter into this Amendment. Upon execution bf all parties, the following changes identified for the Contract Value and/or Contract Time sho`cn,are made part of the Contract. APPROVED: APPROVED: By Date:02121/2023 By Date: Constiltaut JASON E.REYNOLDS,City Manager Brandon Guillory Printed Nantc APPROVED AS TO CONTENT: SVP By; ��.. _ Date;W=W23 Title FRANK O.SIMONEAUX,JR,P.E.,PwE Director APPROVED AS TO FUNDING. By: _. Date: VICTOR BROwNLEES.Finance Director Design 2 01,2 D6 Revised 04 20 Kimiey >>Morn February 17, 2023 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, Additional Parking Parcel Construction Documents(PK2908) Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant") is pleased to submit this proposal to the City of Baytown ('City")for providing the scope of services in Exhibit A for the Wayne Gray Sports Complex, Additional Parking Parcel Construction Documents for an estimated not to exceed total contract fee of$67,000, based on terms and conditions as utilized in recent executed agreements between Consultant and City. 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, _ A - ,♦ tw1b Kristina Malek, P.L.A. Michael Lucas Associate/Project Manager Regional Contract Lead 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 The Consultant understands that the City would like to improve community access to The Wayne Gray Sports Complex and Pirate Bay Waterpark, by adding additional parking. The additional parking will be located on separate parcel of land located to the Northeast of Pirate Bay Water Park, address 5335 East Road. The Consultant understands that the City will purchase this additional parcel of land for parking purposes shown in Map 1. The Consultant's proposed scope includes design of an additional parking lot, parking lot lighting, design of drainage and detention improvements to offset the impacts of added impervious cover, an aquatic resources delineation, the design of a pedestrian connection from the parking lot to Pirate Bay Water Park, and design of the parking site's landscape and irrigation. This scope of work includes preparation of construction documents, bid phase services and construction phase services. Consultant will perform the following tasks: TASK 1.1 —PROJECT MANAGEMENT a. Data Collection i. Consultant will work with various City departments and Harris County to collect the following available data: Record Drawings, GIS data, flood maps, existing plans/policies/standards,drainage model,and information regarding facilities, roadway and public improvements both existing and proposed. b. Staff Meetings with the Public Works and Engineering Department and the Parks Department. It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. c. Project Management i. Coordination with the City Project Manager and various departments (Public Works and Engineering and the Parks Department). Coordination will include email correspondence, phone calls and meetings. ii. Communicate project status with the City with the monthly invoice and with weekly project status updates. TASK 2.1 —CONSTRUCTION DOCUMENTS Based on the City approved Preliminary Engineering Report, the Consultant will develop the construction document package for the project. The development of the construction document package includes the following: A. Cover Sheet B. Index C. General Notes The Consultant will prepare general construction notes and specifications for the project in addition to the City's standard general notes (provided by the City). D. Plan Sheets The Construction documents package will include the plan sheets for the scope of work described. The design for the sheets will be created as part of the design tasks in this scope. This effort is for the creation of the sheets to communicate the design intent and illustrate the design to the contractor for construction. a. Existing Conditions/Demolition Plan b. Site Layout and Paving Plan c. Pedestrian Crossing Plan d. Grading Plan e. Utility Plan f. Drainage Plan g. Erosion Control Plan and SWPPP h. Landscape Plan i. Irrigation Plans j. Lighting Plans—Parking lot only. E. Details The Consultant will include detail sheets showing elements included in the Plan Sheets, consisting of details, sections, and elevation views. Certain submittals, shop drawings, samples, cut sheets and mockups will be listed for approval. F. Project Manual The Consultant will prepare a bid form and technical specifications to be included in the project manual as park of this task and provide the bid form to the City to be included with the project manual. The City will provide the City's preferred front-end documents and procurement language to the Consultant to be included in the project manual. The Consultant will compile the technical specifications, the bid form, and the City's front-end contract documents into the project manual for the project bid. The Consultant will provide the project manual as part of the 90% and 100%submittals to the City. G. Opinion of Probable Construction, Cost The Consultant will prepare an opinion of probable construction cost for the 90%, and 100% submittals. Because the Consultant does not control the cost of labor, materials,equipment,or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids, or actual costs will not vary from its opinions of construction cost. H. Revise l2er City Comment The Consultant will revise the Construction Documents after the 90% submittals based on one round of reasonable comments. It is understood that minor revisions will be incorporated into 100%construction documents without additional review. Deliverables: A. Two 24"x36"copies of the 90%,and 100%Submittal including Items A through E noted above. For 100%, one copy is intended for City use and one copy is a courtesy copy for the Contractor. B. An electronic(PDF)of the 90%, and 100% Construction Plans. C. An electronic(PDF)of the 90% and 100% opinion of probable construction cost(Item G)for items described in Task 2.1, D. An electronic(PDF) of the 90%, and 100%Technical Specifications and Bid Form (Item F). TASK 3.1 —BID PHASE SERVICES The Consultant will provide bid phase services to the City during bidding of this project. The budgeted fees are based upon approximately ten (10) hours of effort. It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope. No additional bid package will be provided. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. The Consultant will provide the following professional services under this task: A. Prepare a PDF of the Project Manual and Plan Set to be uploaded to the City's website to be downloaded by prospective bidders. B. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. C. Final construction documents will consist of the following: 1. Provide PDF's of the"Issued for Construction"Conformance Plans and Specifications to the City. 2. Print two(2)full-size sets"Issued for Construction"Conformance Plans and Specifications to Contractor upon award of contract. 3. Print two(2)half-size sets"Issued for Construction" Conformance Plans for City's use. 4. Furnishing additional copies of review documents and/or bid documents in excess of the number of the same identified above will be considered as Additional Services. D. As part of this task, the City will: 1. Advertise the bidding per City bidding procedures. 2. Upload the bid document to the City website per the advertisement. 3. Provide the location for the pre-bid meeting and bid opening. TASK 4.1 —CONSTRUCTION PHASE SERVICES It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope and an additional preconstruction conference will not be needed. It is assumed all construction phase services will occur concurrently. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. The Consultant will provide up to fifty seven (57)hours of professional construction phase services as specifically stated below: A. Visits to Site and Observation of Construction: Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by the City in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations,Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall The Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor,for safety precautions and programs incident to Contractor's work,nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. B. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, Consultant will recommend amounts that Contractor be paid. Recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. Consultant's recommendations will not be a representation that its observations to check Contractor's work have been exhaustive,extended to every aspect of Contractor's work, or involved detailed inspections. C. Recommendations with Respect to Defective Work: Consultant will recommend to The City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. D. Clarifications and Interpretations:Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to The City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by The City. E. Chanae Orders: Consultant may recommend Change Orders to The City and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. F. Shoo Drawings and Samples,: Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. G. Final Notice of Acceptability of the Work: Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. H. Limitation of Responsibilities: Consultant shall not be responsible for the acts or omissions of any Contractor,or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. I. Record Drawings: Based upon contractor provided field notes, construction records, and as-built drawings,The Consultant will prepare the required project record drawings for submittal to the City. J. TDLR As part of the Services provided, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation ("TDLR"). a. Submission of Construction Documents to TDLR —The Consultant shall mail, ship, or hand-deliver the Construction Documents to TDLR not later than five (5) calendar days after the Consultant issues the Construction Documents for the Project. b. Completion of Registration Form to TDLR—The Consultant shall complete an Elimination of Barriers Project Registration Form ("Form")for each subject building or facility within the Scope of the Project, and submit the registration form(s)along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the Construction Documents to TDLR. c. TDLR Approval of Construction Documents—After review of the Construction Documents by TDLR, The Consultant shall be notified in writing of the results; however, it is Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the Construction Documents, including comments relating to conditional approval that must be addressed in the design and construction of the Project. The Consultant shall resubmit Construction Documents to TDLR for review prior to the completion of construction of the Project. d. TDLR Project Inspection — The Consultant shall request an inspection from TDLR or a TDLR focally approved RAS no later than thirty(30)calendar days after the completion of construction of the Project.The Consultant shall advise City in writing of the results of each Project inspection.City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. e. Corrective Modifications following TDLR Project Inspection — When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. The Consultant shall provide City with this list within five (5) calendar days of receipt. It is the sole responsibility of Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR.When the corrective measures have been completed, the Consultant shall provide the TDLR(and/or the RAS who completed the inspection)and City with written verification of the corrective measures completed. K. Warranty Period Review:The Consultant will provide 1 site observation that is coordinated with the end of the subject one year warranty period. As a follow-up to this site visit, a summary memorandum will be provided. The City will provide the following items during the construction phase services: A. Ins ections and Testing. Task 5.1 -Aquatic Resources Delineation and Preliminary Jurisdictional Analysis The Consultant will perform an Aquatic Resources Delineation in general accordance with the U.S. Army Corps of Engineers (USAGE) 1987 Wetlands Delineation Manual and appropriate USACE Regional Supplement(Atlantic and Gulf Coastal Plains Region)as detailed below. The Consultant will perform a desktop review by locating readily available resource documents which may include aerial photographs, historic topographic maps, soil surveys, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, National Hydrography Dataset (NHD), Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps(FIRM), historic aerial photographs, and other related data for a desktop review of site conditions. The Consultant will perform a site visit to evaluate the existence and locations of aquatic resources on the site generally following the USACE 1987 Wetlands Delineation Manual and the applicable USACE Regional Supplement. Completion of USACE wetland determination data forms will be completed if applicable. The ordinary high-water mark (OHWM) for streams will be identified in the field. Following the site visit, The Consultant will prepare exhibits showing the boundaries (polygons) and acreage and/or linear footage (if applicable) of aquatic resources identified onsite during the site visit as collected utilizing a GPS with sub- meter accuracy. The Consultant will provide the City with PDF and AutoCAD versions of the aquatic resources files in the correct coordinate system. The Consultant will prepare a report for the project documenting the results of the aquatic resources delineation performed onsite. The report will address the applicable regulatory framework, describe the assessment methodology, limitations and findings, provide site-specific conclusions and jurisdictional analysis of identified features, and provide recommendations pertaining to compliance with Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The report will also include applicable maps/exhibits, site photographs, and data sheets/forms. If the City provides The Consultant with a preliminary site plan, The Consultant will overlay the site plan with the results of the aquatic resources delineation (aquatic features onsite)to evaluate potential USACE permitting implications (if any). USACE permitting implications will be discussed with the City. This Task does not include consultation with the USACE, including pursuit of a No Permit Requited letter, Approved Jurisdictional Determination (AJD),or Department of Army permit; however,The Consultant can assist with these services, if warranted by the City,for an additional fee. It is important for the City to understand that the Environmental Protection Agency(EPA) and the USACE occasionally issue guidance concerning what they intend to assert jurisdiction over. Changes that impact our strategy or scope will cause additional work and will be addressed as an additional service amendment to this agreement. Observations will be made under the applicable regulatory guidance at the time of the observations. Task 6.1 - USACE NWP Non-Notifying Memorandum (Optional) If it appears that the proposed project could be authorized by a Nationwide Permit (NWP) without notification to the USACE Galveston District, The Consultant will add to the aquatic resources delineation report to document compliance with the applicable NWP. This scope assumes that formal USACE notification and authorization is not required; therefore, The Consultant will document specific project information and details and how to use the perceived applicable NWP. The report will include regulatory language for the applicable NWP with discussion of selected noteworthy General Conditions. The report will include the following information: • Brief project description of proposed impacts to aquatic features; • NWP permit language with General Conditions; • State Water Quality Certifications and Conditions; and • NWP Regional Conditions for Texas. Though no coordination with the USACE is proposed as part of this Task, the use of the applicable NWP constitutes compliance with appropriate Federal regulations. All NWP General and Regional Conditions and NWP terms must be met by the City. For reference, notification to the USACE involves the submittal of a Pre-Construction Notification(PCN), which may be required if: • The NWP General or Regional Conditions cannot be met; • Specific triggers for notification to the USACE are met within the NWP; • The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10 acre and less than 0.50 acre at each separate, single and complete crossing); • The project proposes impacts to special aquatic sites, including wetlands; or • City requests verification from the USACE. This task does not include consultation with the USACE;however,this can be performed if warranted under a separate Agreement. This task assumes coverage under the 2022-2026 nationwide permits. Task 7.1 -USACE NWP Pre-Construction Notification (PCN) Nationwide Permits (NWP) are generally less challenging to obtain than Individual Permits (IP), and generally do not require compensatory mitigation for unavoidable impacts to jurisdictional waters, if impacts are small enough (less than 0.1 acre of open water or wetlands and/or 0.03 acre of stream depending on the applicable NWP). NWPs generally allow for impacts to jurisdictional waters that do not exceed 0.5 acre in area. NWPs only authorize single and complete projects. Each single and complete project must show independent utility, that it would be constructed absent the construction of other projects in the area. Some NWPs require notification to the USACE prior to commencing construction activities onsite. If notification to the USACE is required, The Consultant will prepare a pre-construction notification (PCN) package for the proposed project requiring the NWP authorization. Under this scenario, The Consultant anticipates providing, at a minimum,the following information in the PCN document: • Aquatic Resources Delineation Report • Project Description (input from the City may be necessary) • Purpose and Need (input from the City may be necessary) • Plan, Profile, and other CAD Drawings(input from the City may be necessary) • Threatened and Endangered Species information from readily available databases • Cultural Resources information from readily available databases. Upon compilation of the PCN document, The Consultant will submit to the City for review and minor comments. The Consultant will make minor revisions based upon the City's review of the permit application. Although not anticipated, the USACE may require species specific studies for threatened and endangered species and/or cultural resources. Potential species and/or cultural resources studies are not included in this Agreement. The Consultant will attempt to identify if these items are needed as early as possible; however, the potential needs for these additional studies are not likely to be recognized until after the permit application has been submitted to the USACE. The USACE may require a site visit after initial review of the Pre-Construction Notification package. If this is required, The Consultant will perform the site visit under a separate, hourly task. This task is based on the ability to receive authorization under the current NWP Program (2022-2026); however, receiving authorization from the USACE is not guaranteed. This option is based on the assumption that compensatory mitigation will not be required; therefore, compensatory mitigation evaluation and assistance is not included in this scope of work. This option does not include pursuing authorization under an Individual Permit. 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. Kimtey l»Horn EXHIBIT B Wayne Gray Additional Parkin -Construction Documents Bid and CPS PK2108 Task Task Name Fee Fee Type 1.] Project Mang ement S S1,000 LS _.1 Construction Document S $30,000 LS 3.1 Bid Phase Services S $2,000 HR 4.1 Construction Phase Services S $15,000 FIR 5.1 Aquatic Resources Deiineation and Preliminary Jurisdictional Analysis S $7,000 LS 6.1 USACE NWP Non-Notifying Memorandum S $4,500 LS 7.1 USACE NWP Pre-Construction Notification PCN $ i S7,500 LS Total Fee $67,000 Printed on 2/20/2023 at 11:19 AM Page 1 of 1 Kimley-Morn EXHIBIT B Wayne Gray Additional Parking-Cons51'nction Documents,Bid and CPS(PK2103) LEVEL OF EFFORT S W136LRV P-J..t N— W. cwati.-WMi.ui nab PnwaJ: -111f202 X.—W ay: XIsom k{Y&.P LA hlnY La0..h..•ttl•�• Twl K1..1.1-Ilnw awaJN SatlaYlh I:Y.kl.11•nTak\.s S-'- ti.W. IkN. 3.�Fr T.ck T•.Yid L•Mr S.i F.. E.P•re Aa.•b Th 1NY Trk TaW N-k. sulaW lLoo1 Pnk•FaY ll P.N.LA E 1— Ta1Y {0:. 160ti Nang SIW1 BASE SCOPE LEVEL OF EFFORT 1,1 h• M WNaMter IAra CtOloni.w t 7 S 6% S?2 5 726 o, I 7 S f96 S?2 1?Y 1 M.I 0 0 d 0 0 0 so 10 Sbs0 1111 f0 50 SO s1l72 SO SO SN s1 4% 1161 1.1 vanlr Plan Ims...l 5 3 1n 20 10 al 5 S 11,660 s S675 S 10.215 A 1Rlaml ItaoF 5 5 S I,I15 $66 S 1.50] 5CC Imo 2 5 5 5 10 S 4,025 SITS S 1.210 Rnea f (�nl It mil 5 LO 5 io S 5,-15 S367 S 6,Oi2 1 •.+•1 5 T is ?5 25 1 TO 5 T.A • 1 1 51.550 SIAM 51.254 1 SF.20 52.925 30,100 I S5W SM"s SLIM SO 51.194 SSO.0O9 SSOb00 3.1 aY►F.15•I.kw ,W S.i Iw 1•..1 a o 0 5 o f a I 1 s0 st SO s000 So SLAW so Stan S• S0 SIAN RI7. 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Constructon Oacument%gld and coilstructlon Phase 0 PER Compieteof Additional Parking 1 day Mon 2/6/23 Man 2/6/23 a • 0 Cc and Approval of AddiFc nal Park0lg 23 days Tue 277123 Thu 3/9123 2 �.:..'.'.a a City Processes Contract of Additiona 2 days Fr 31101'23 Mon 3/13/23 3 # Parking S Q MP Additional Parking 1 day Tue 3/14123 Tue 3/14123 4 (� Task 1.1 Pmleot Manaeement ' 0 Praject Management 5 on, TMe 3/14/23 Mon 7731/23 SSS Q Task 2.1 Construction Oxuments M Prepare 9a plan.for Additional 3.8wks Wed 3115123 Mon 4.11W23 5 Parking City Review 3wk• Tue4/11/23 Mon S/1f23 9 t— Prepare 100s:Plans for Additional 2 wk. Tue$12/23 Mon SAW] 10 Parking 12 g Task 2.1 Old Phase Services 13 Adlrertrse 4 wks Tue S716/23 Mon W12/23 11 ��a 14 Did Opening 1 wk Tue 6713123 Mon 6.219/23 13 7j is City Processes contract 3 wks Tue 6/241223 Mon 7/LW23 14 TaallPga 1; Award at Council 2 4 wks Wed 7112J23 Thu 7/27/23 15 TMM 17 12 Nip 2 days Fri 7129/23 Mon 7131123 L6 !8 CI Task 3.1 Construction Phase Services 13 8 HCFCO Review of IFC Plans[Complete 6 wks Toe$116/23 Mon 6/26/23 11 T prior to ConstruWanj 20 © Construction 20 is Tue 811123 Mon 12/18/23 17 F.d. i � Prgen3­ r--•-'--Y--s wMut ra.k A� S—..* t Oe.a..e a Project 202301235chedule spe Ina.w.7.,k purgien.* rw --y hoar«s Oats Mon 2113/23 Ml i—. ♦ a.t ita.l. W-A F.."• F s—y S.." r---1 GIe imam —, o pay.I Rma al Parking 335 East WAYNE GRAY r' SPORTS COMPLEXI i I MAP CITY OF BAYTOWN PUBLIC WORKS & ENGINEERING DEPARTMENT 2123 Market Street Baytown,Texas 77520 BITTER BAYTOWN Professional Services Contract Amendment For Wayne Gray Sports Complex, Turf and Parking Improvements Date of Issuance: February 20, 2023 Amendment No: 01 Consultant: Kimley-Horn Project No: PK2108 PO#: 2312615 Explanation: This Amendment encompasses the follo,.wing: the scope of work for the additional parking area (at 535 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 scope includes the design of an additional parking lot, parking lot lighting, design of drainage and detention improvements to offset the impacts of added impervious cover, an aquatic resources delineation, the design of a pedestrian connection from the parking lot to Pirate Bay Water Park, and design of the parking site's landscape and irrigation. This scope includes preparation of construction documents, bid phase services and construction phase services for the Wayne Gray Sports Complex, Turf and Parking Improvements for a total lump sum fee not to exceed contract fee of$67,000, based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant and City dated January 121h, 2023 ("Original Scope"). Description of Work Cost Time 1. Project Management $ 1.000 150 Days 2. Construction Document $30.000 130 Days 3. Bid Phase Services $ 2.000 48 Days 4. Construction Phase Services $15.000 55 Days 5. Aquatic Resources. Delineation and Preliminary $ 7.000 0 Days Jurisdictional Analysis 6. USACE NWP Non-Notifying Memorandum $ 4.500 0 Days 7. USACE NWP Pre-Construction Notification (PCN) $ 7.500 0 Days Total $ 67,000 230 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 Chanize Summary: Cost Time Original Contract: $ 119.000 Days Previous Amendment(s): $ 0 NIA Days Contract prior to this Amendment: $ 119.000 Days Net increase (decrease) from this Amendment: $ 67.000 Days Revised Contract: $ 186,_000 230 Days Design t of'2 D6.Revised 04/20 [Remainder of Page Purposely Left Blank] Consultant agrees to perform chauge(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 Arneudnient 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 assmued 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 fill power and authority to enter into mid perform pursuant to this Amendment, and that each has been properly authorized and empowered to enter into this Amendment. Ltpon 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: 7� 3/��7� By: Date:02/21/2023 B Date: Consultant ]A60 E.REYNO anger Brandon Guillory Printed Nmnc APPR VED�1S TO CONTENT: SVP By: ?,ac : Date.02/22023 Title FRANK O.SIMONEAUX.JR..P.E..PwE Director APPR %A TO N By: Dater; trCTOR BR wN • :S.Fnivncc Director QOB4BaI Design 2 of 2 D6.Revised 04/20 Kimley»)Horn February 17, 2023 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, Additional Parking Parcel Construction Documents (PK2108) Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant') is pleased to submit this proposal to the City of Baytown ("City')for providing the scope of services in Exhibit A for the Wayne Gray Sports Complex, Additional Parking Parcel Construction Documents for an estimated not to exceed total contract fee of$67,000, based on terms and conditions as utilized in recent executed agreements between Consultant and City. 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, in _ Ifv, p A.b w�l f '1 olQ l�Ci /i�Gl f��G��y— Kristine Malek, P.L.A. Michael Lucas Associate/Project Manager Regional Contract Lead 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 The Consultant understands that the City would like to improve community access to The Wayne Gray Sports Complex and Pirate Bay Waterpark, by adding additional parking. The additional parking will be located on separate parcel of land located to the Northeast of Pirate Bay Water Park, address 5335 East Road. The Consultant understands that the City will purchase this additional parcel of land for parking purposes shown in Map 1. The Consultant's proposed scope includes design of an additional parking lot, parking lot lighting, design of drainage and detention improvements to offset the impacts of added impervious cover, an aquatic resources delineation, the design of a pedestrian connection from the parking lot to Pirate Bay Water Park, and design of the parking site's landscape and irrigation. This scope of work includes preparation of construction documents, bid phase services and construction phase services. Consultant will perform the following tasks: TASK 1.1 —PROJECT MANAGEMENT a. Data Collection i. Consultant will work with various City departments and Harris County to collect the following available data: Record Drawings, GIS data, Flood maps, existing plans/policies/standards,drainage model, and information regarding facilities, roadway and public improvements both existing and proposed. b. Staff Meetings with the Public Works and Engineering Department and the Parks Department. It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. c. Project Management i. Coordination with the City Project Manager and various departments (Public Works and Engineering and the Parks Department). Coordination will include email correspondence, phone calls and meetings. i. Communicate project status with the City with the monthly invoice and with weekly project status updates. TASK 2.1 —CONSTRUCTION DOCUMENTS Based on the City approved Preliminary Engineering Report, the Consultant will develop the construction document package for the project. The development of the construction document package includes the following: A. Cover Sheet B. Index C. General Notes The Consultant will prepare general construction notes and specifications for the project in addition to the City's standard general notes(provided by the City). D. Plan Sheets The Construction documents package will include the plan sheets for the scope of work described. The design for the sheets will be created as part of the design tasks in this scope. This effort is for the creation of the sheets to communicate the design intent and illustrate the design to the contractor for construction. a. Existing Conditions/Demolition Plan b. Site Layout and Paving Plan c. Pedestrian Crossing Plan d. Grading Plan e. Utility Plan f. Drainage Plan g. Erosion Control Plan and SWPPP h. Landscape Plan i. Irrigation Plans j. Lighting Plans—Parking lot only. E. Details The Consultant will include detail sheets showing elements included in the Plan Sheets, consisting of details, sections, and elevation views. Certain submittals, shop drawings, samples, cut sheets and mockups will be listed for approval. F. Proiect Manual The Consultant will prepare a bid form and technical specifications to be included in the project manual as part of this task and provide the bid form to the City to be included with the project manual. The City will provide the City's preferred front-end documents and procurement language to the Consultant to be included in the project manual. The Consultant will compile the technical specifications, the bid form, and the City's front-end contract documents into the project manual for the project bid. The Consultant will provide the project manual as part of the 90% and 100%submittals to the City. G. Opinion of Probable Construction Cost The Consultant will prepare an opinion of probable construction cost for the 90%, and 100% submittals. Because the Consultant does not control the cost of labor, materials, equipment, or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids, or actual costs will not vary from its opinions of construction cost. H. Revise Per City Comment The Consultant will revise the Construction Documents after the 90% submittals based on one round of reasonable comments. It is understood that minor revisions will be incorporated into 100%construction documents without additional review. Deliverables: A. Two 24"x36"copies of the 90%, and 100%Submittal including Items A through E noted above. For 100%, one copy is intended for City use and one copy is a courtesy copy for the Contractor. B. An electronic(PDF)of the 90%, and 100% Construction Plans. C. An electronic(PDF)of the 90% and 100%opinion of probable construction cost(Item G)for items described in Task 2.1. D. An electronic(PDF) of the 90%, and 100% Technical Specifications and Bid Form (Item F). TASK 3.1 —BID PHASE SERVICES The Consultant will provide bid phase services to the City during bidding of this project. The budgeted fees are based upon approximately ten (10) hours of effort. It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope. No additional bid package will be provided. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. The Consultant will provide the following professional services under this task: A. Prepare a PDF of the Project Manual and Plan Set to be uploaded to the City's website to be downloaded by prospective bidders. B. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. C. Final construction documents will consist of the following: 1. Provide PDF's of the"Issued for Construction" Conformance Plans and Specifications to the City. 2. Print two (2)full-size sets"Issued for Construction' Conformance Plans and Specifications to Contractor upon award of contract. 3. Print two(2)half-size sets"Issued for Construction" Conformance Plans for City's use. 4. Furnishing additional copies of review documents and/or bid documents in excess of the number of the same identified above will be considered as Additional Services. D. As part of this task, the City will: 1. Advertise the bidding per City bidding procedures. 2. Upload the bid document to the City website per the advertisement. 3. Provide the location for the pre-bid meeting and bid opening. TASK 4.1 —CONSTRUCTION PHASE SERVICES It is understood that this project will be combined with the Wayne Gray Turf and Parking Improvements Scope and an additional preconstruction conference will not be needed. It is assumed all construction phase services will occur concurrently. Any additional effort beyond the specified amount will be billed according to the current Consultant rates, as authorized by the City or its representatives. The Consultant will provide up to fifty seven (57) hours of professional construction phase services as specifically stated below: A. Visits to Site and Observation of Construction: Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by the City in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractors work is generally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall The Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor,for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. B. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation. Consultant will recommend amounts that Contractor be paid. Recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. Consultant's recommendations will not be a representation that its observations to check Contractors work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. C. Recommendations with Respect to Defective Work: Consultant will recommend to The City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. D. Clarifications and Interpretations: Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to The City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by The City. E. Change Orders: Consultant may recommend Change Orders to The City and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. F. Shop Drawings and Samples: Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. G. Final Notice of Acceotability of the Work: Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. H. Limitation of Responsibilities: Consultant shall not be responsible for the acts or omissions of any Contractor,or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. I. Record Drawings: Based upon contractor provided field notes, construction records, and as-built drawings,The Consultant will prepare the required project record drawings for submittal to the City. J. TDLR As part of the Services provided, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation ("TDLR"). a. Submission of Construction Documents to TDLR — The Consultant shall mail, ship, or hand-deliver the Construction Documents to TDLR not later than five (5) calendar days after the Consultant issues the Construction Documents for the Project. b. Completion of Registration Form to TDLR—The Consultant shall complete an Elimination of Barriers Project Registration Form ("Form')for each subject building or facility within the Scope of the Project, and submit the registration form(s)along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the Construction Documents to TDLR. c. TDLR Approval of Construction Documents—After review of the Construction Documents by TDLR, The Consultant shall be notified in writing of the results; however, it is Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the Construction Documents, including comments relating to conditional approval that must be addressed in the design and construction of the Project.The Consultant shall resubmit Construction Documents to TDLR for review prior to the completion of construction of the Project. d. TDLR Project Inspection — The Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty(30) calendar days after the completion of construction of the Project.The Consultant shall advise City in writing of the results of each Project inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. e. Corrective Modifications following TDLR Project Inspection — When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. The Consultant shall provide City with this list within five (5) calendar days of receipt. It is the sole responsibility of Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, the Consultant shall provide the TDLR(and/or the RAS who completed the inspection) and City with written verification of the corrective measures completed. K. Warranty Period Review:The Consultant will provide 1 site observation that is coordinated with the end of the subject one year warranty period. As a follow-up to this site visit, a summary memorandum will be provided. The City will provide the following items during the construction phase services: A. Inspections and Testing. Task 5.1 -Aquatic Resources Delineation and Preliminary Jurisdictional Analysis The Consultant will perform an Aquatic Resources Delineation in general accordance with the U.S. Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and appropriate USACE Regional Supplement(Atlantic and Gulf Coastal Plains Region)as detailed below. The Consultant will perform a desktop review by locating readily available resource documents which may include aerial photographs, historic topographic maps, soil surveys, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, National Hydrography Dataset (NHD), Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps(FIRM), historic aerial photographs, and other related data for a desktop review of site conditions. The Consultant will perform a site visit to evaluate the existence and locations of aquatic resources on the site generally following the USACE 1987 Wetlands Delineation Manual and the applicable USACE Regional Supplement. Completion of USACE wetland determination data forms will be completed if applicable. The ordinary high-water mark (OHWM) for streams will be identified in the field. Following the site visit, The Consultant will prepare exhibits showing the boundaries (polygons) and acreage and/or linear footage (if applicable) of aquatic resources identified onsite during the site visit as collected utilizing a GPS with sub- meter accuracy. The Consultant will provide the City with PDF and AutoCAD versions of the aquatic resources files in the correct coordinate system. The Consultant will prepare a report for the project documenting the results of the aquatic resources delineation performed onsite. The report will address the applicable regulatory framework, describe the assessment methodology, limitations and findings, provide site-specific conclusions and jurisdictional analysis of identified features, and provide recommendations pertaining to compliance with Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The report will also include applicable maps/exhibits, site photographs, and data sheets/forms. If the City provides The Consultant with a preliminary site plan, The Consultant will overlay the site plan with the results of the aquatic resources delineation (aquatic features onsite)to evaluate potential USACE permitting implications (if any). USACE permitting implications will be discussed with the City. This Task does not include consultation with the USACE, including pursuit of a No Permit Requited letter, Approved Jurisdictional Determination(AJD), or Department of Army permit; however,The Consultant can assist with these services, if warranted by the City,for an additional fee. It is important for the City to understand that the Environmental Protection Agency (EPA) and the USACE occasionally issue guidance concerning what they intend to assert jurisdiction over. Changes that impact our strategy or scope will cause additional work and will be addressed as an additional service amendment to this agreement. Observations will be made under the applicable regulatory guidance at the time of the observations. Task 6.1 - USACE NWP Non-Notifying Memorandum (Optional) If it appears that the proposed project could be authorized by a Nationwide Permit (NWP) without notification to the USACE Galveston District, The Consultant will add to the aquatic resources delineation report to document compliance with the applicable NWP. This scope assumes that formal USACE notification and authorization is not required; therefore, The Consultant will document specific project information and details and how to use the perceived applicable NWP. The report will include regulatory language for the applicable NWP with discussion of selected noteworthy General Conditions. The report will include the following information: • Brief project description of proposed impacts to aquatic features; • NWP permit language with General Conditions; • State Water Quality Certifications and Conditions; and • NWP Regional Conditions for Texas. Though no coordination with the USACE is proposed as part of this Task, the use of the applicable NWP constitutes compliance with appropriate Federal regulations. All NWP General and Regional Conditions and NWP terms must be met by the City. For reference, notification to the USACE involves the submittal of a Pre-Construction Notification (PCN), which may be required if: • The NWP General or Regional Conditions cannot be met; • Specific triggers for notification to the USACE are met within the NWP; • The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10 acre and less than 0.50 acre at each separate, single and complete crossing); • The project proposes impacts to special aquatic sites, including wetlands; or • City requests verification from the USACE. This task does not include consultation with the USACE;however,this can be performed if warranted under a separate Agreement. This task assumes coverage under the 2022-2026 nationwide permits. Task 7.1 - USACE NWP Pre-Construction Notification (PCN) Nationwide Permits (NWP) are generally less challenging to obtain than Individual Permits (IP), and generally do not require compensatory mitigation for unavoidable impacts to jurisdictional waters, if impacts are small enough (less than 0.1 acre of open water or wetlands and/or 0.03 acre of stream depending on the applicable NWP). NWPs generally allow for impacts to jurisdictional waters that do not exceed 0.5 acre in area. NWPs only authorize single and complete projects. Each single and complete project must show independent utility, that it would be constructed absent the construction of other projects in the area. Some NWPs require notification to the USACE prior to commencing construction activities onsite. If notification to the USACE is required, The Consultant will prepare a pre-construction notification (PCN) package for the proposed project requiring the NWP authorization. Under this scenario, The Consultant anticipates providing, at a minimum, the following information in the PCN document: • Aquatic Resources Delineation Report • Project Description (input from the City may be necessary) • Purpose and Need (input from the City may be necessary) • Plan, Profile, and other CAD Drawings(input from the City may be necessary) • Threatened and Endangered Species information from readily available databases • Cultural Resources information from readily available databases. Upon compilation of the PCN document, The Consultant will submit to the City for review and minor comments. The Consultant will make minor revisions based upon the City's review of the permit application. Although not anticipated, the USACE may require species specific studies for threatened and endangered species and/or cultural resources. Potential species and/or cultural resources studies are not included in this Agreement. The Consultant will attempt to identify if these items are needed as early as possible; however, the potential needs for these additional studies are not likely to be recognized until after the permit application has been submitted to the USACE. The USACE may require a site visit after initial review of the Pre-Construction Notification package. If this is required, The Consultant will perform the site visit under a separate, hourly task. This task is based on the ability to receive authorization under the current NWP Program (2022-2026); however, receiving authorization from the USACE is not guaranteed. This option is based on the assumption that compensatory mitigation will not be required; therefore, compensatory mitigation evaluation and assistance is not included in this scope of work. This option does not include pursuing authorization under an Individual Permit. 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. Kimley»)Horn EXHIBIT B Wavne Gray Additional Parkin -Construction Documents Bid and CPS PK2108 Task Task Name Fee Fee Type 1.1 Project Management S $1,000 LS 2.1 Construction Document S $30,000 LS 3.1 Bid Phase Senices S $2,000 HR 4.1 Construction Phase Services $ $15,000 HR 5.1 Aquatic Resources Delineation and Preliminary Jurisdictional Analysis S $7,000 LS 6.1 USACE NWP Non-Notifying Memorandum $ $4,500 LS 7.1 USACE NW?Pre-Construction Notification(PCN) $ S7,500 LS Total Fee $67,000 Printed on 2120/2023 at 11:19 AM Page 1 of 1 Kimley»)Horn EXHIBITS Wayne Cray Additional Parking-Construction BoculnentJ,Bid and CPS(PE2108) LEVEL OF EFFORT tiMINARI' flvye.Yvs: µ,mGw 44dx.o,I IS kn ane YrtpM: ). Nulw br Yen.o-llvml T•W y-Ilnm SvM1uskln Imk.11•re iu4.l,mv S,LL• Tmh Tuy{uW A 5'mkm 14n[ Ywx i., Evbv )uM1 Fm I:aRme A6RVLLa T«4TnIJ NumM1u SOM,vly Nvrvlhv"iy:xn P..4..4.eJl P.4„FW II Wn S f uv v F n nvl„1 M1� .rl ivW I11'.nu:4u JIA`. 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S. pined, RMr emon q,l,daps do .1 po L Ace) W1 .Mtl rm w, as, I.lw_— an as Nm p„ yn Warne Grow Additional Parkmg, Conmmctgnn Documents.Did and Conrtrurtlon Phase ni PER Complete of Additional Parking 1day Mon 216/23 Man 2/6/23 1 Council Approval of Additional Pa41ng 23 days Toe 217/23 Thu 3/9/23 2 r2 On,Proceses Contrast of Additional 2days Po3/10/23 Man 3113123 3 Ij Parting NTP Addam.al Parklnl Iday Tue3/14/23 Toe 3/14/23 a !d Task 1.1 Pmlert Manaeement Pmjet Management 5mans Too 3/14/23 Mon 2/3W3 555 Task it Construction 0orumnrts 2 Prepare M Plans for Additional IS wkz Wed 3/6/23 Mon A/10/23 5 &P. Parking .1e. Gty Review 3w6 Tue A/11123 Man S/1/23 9 T� Prepare 107%Plans for Additional 2wks Tue5/2/23 Mon 5/15/23 10 Fee. PaAing Task 2.10id PM1ase Services 13 Advertise 4wkz Tue5/I6/23 Man 6/12/23 11 li Bid Opening Iwk Tue 6/13/23 Mon 6119/23 13 IS .1c 6ry Pmttstes Conlra,l 3wks Tue 6/20/23 Man)/10/23 14 11� t6 Awam at Found 2Awks Wed 7/12M Thu 7127123 0 11 NTP 2 days Fro 7120/23 Mon 7/31/23 I6 tD , Task 3.1 Consruction Phase Stresses l9 HCFCO Review of lIC Pbm(COmplete 6wks 1ue5/16/23 Mon 6/26121 11 Astarte Conzt...rl 2a 0 Communion 20 wkz Tueg/1/23 MOn 12/IW3 12 hq,azwmuy IAwliau zwewar C anM a and.30-.f235—va "a Ines-Task 0wum-oµ Fen,why3 sr , Oate'Mon 11"3 anew, • —nI.— —I..—,.1- Food T.A. ww,l P,ryrw I-1 -- — nual5ummva ^ Fu,ml Mtlwlm, Page I ' Additional Parking ---- Parcel5335 East CR Road .r- - T 41 lei r, °a i�• �.-as ,6• --- tY 40 MAP 1