Ordinance No. 15,716 ORDINANCE NO. 15,716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., TO REOPEN SEVEN DRIVEWAYS ALONG GARTH
ROAD BETWEEN IH-10 AND ARCHER ROAD INCLUDING CERTAIN
TASKS RELATING TO PAVING, RIGHTS-OF-WAY, EASEMENT, AND
TEMPORARY CONSTRUCTION LICENSE ACQUISITION, THEREBY
INCREASING THE CONTRACT AMOUNT BY THIRTY-SEVEN
THOUSAND DOLLARS ($37,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 Third Amendment to the Professional Services Agreement
with Kimley-Horn and Associates, Inc.,to reopen seven driveways along Garth Road between IH-
10 and Archer Road, including certain tasks relating to paving, rights-of-way, easement, and
temporary construction license acquisition, thereby increasing the contract amount by THIRTY-
SEVEN THOUSAND DOLLARS ($37,000.00). A copy of said amendment is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 81h day of February, 2024.
LAJURA ALVARADO, Mayor Pro Tern
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APPROVED S T , FORM:
SCOTT LE O D, City Attorney
R:,.Vance Hinds Ordinances\2024\2024.02.08 3rdAmended2PSAwithKHA4GarthRoadWideningProject.docx
EXHIBIT "A"
Consulting Services Contract Amendment
Garth Road Widedning Project
Date of Issuance: 12/06/2023 Amendment No: 03
B� •R Consultant: Kimley-Horn and Associates, Inc. Project No: RW1901
BAYTN PO#: 2101528
OW
Explanation:
The purpose of this design amendment is to add seven driveways along Garth Road. These driveways exist
presently but were proposed to close as part of the TxDOT Access Management Program which municipalities
are required to follow on projects like Garth Road where TxDOT is a partner. The objective of the Access
Management program is to consolidate the number of driveways along busy corridors like Garth Road when the
opportunity arises. The theoretical benefit of having fewer driveways is that it limits conflict points and therefore
reduces accidents involving drivers entering or exiting a road right of way.
The design and construction updates associated with re-opening the driveways will include paving, drainage and
Right-of Way (ROW) and Temporary Construction Easement (TCE) coordination. This work adds $37,000.00
in additional funds for design and construction document updates associated with the inclusion of the driveways
along Garth Road between IH-10 and Archer Road into the construction plan set.
This situation arose when the City of Baytown started communicating-the closure of the driveways to the
landowners along Garth. Some of the landowners expressed a desire to maintain their existing access and would
not sign the construction easement or rights of way agreement otherwise. We revisited the driveway closures
with our engineering firm, Kimley-Horn and it was presented that there were no fatal crashes or legal reasoning
to close the driveways. The $37,000.00 increase will be funded by the Right-of-Way (ROW) acquisition funds
authorized for the Garth Road Widening Project.
Description of Work Cost Time
1. Paving, drainage and ROW TCE coordination $37,000.00 0 Days
2. $0 0 Days
3. $ 0 0 Days
4. $ 0 0 Days
5. $ 0 0 Days
Total $37,000.00 0 Days
Proposal Scope/Schedule: The additional scope of work and the schedule associated with the same, are
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Cost& Time Change Summary: Cost Time
Original Contract: $7,988,900.00 0 Days
Previous Amendment(s): -$497,350.00 N/A Days
Net increase (decrease) from this Amendment: $37,000.00 0 Days
Revised Contract: $7,528,550.00 0 Days
Percent increase (decrease) this Amendment(0.463%)
Percent increase (decrease all Amendments (-5.76%)
[Remainder of Page Purposely Left Blank]
R Template\Design 1 of 2 D6.Revised 9;2023
Consultant agrees to perform changes(s) included in this Contract Amendment for the price and time indicated.
The prices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work
included in the Amendment until this Amendment is executed.
Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the
terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this
Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as
one agreement provided that, in the event of any conflict or inconsistency, between the provisions of this
Amendment and the provisions of the Agreement and any previous amendment, the provisions of this
Amendment shall control. This Amendment has been jointly negotiated by the parties hereunder and shall not
be construed against a party hereunder because that party may have assumed primary responsibility for the
drafting of this Amendment. By this Amendment, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the terms of this Amendment, the
Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing
contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's
sovereign immunity.
The persons executing this Agreement hereby represent that each party has the full power and authority to enter
into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to
enter into the Amendment.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPROVED: `� APPROVED:
By: 5��G:N&",C Date: 1/17/2024 By: Date:
Consultant JASON E.REYNOLDS,City Manager
Kimley-Horn and Associates,Inc.
Brian C.Boecker
Printed Name APPROV 1) AA TO CONTENT:
Senior Vice President -- Date:01/23/2024
Title FRANK O.SIMONEAYX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
By: Date: 1/18/2024
TERESA McKENZIE,Chief Financial Officer
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Project Manager
Danielle Cain
Printed Name
By: **6ADate: 1/22/24
usin •Asset Team Member
Taylor Khoury
Printed Name
R Template\Design 2 of 2 D6.Revised 9:2023
Kim er Horn Page 1
November 21, 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—Garth Road Phase A to E Final Design
Amendment No. 3
Dear Mr. Simoneaux:
Kimley-Horn and Associates, Inc. ("Consultant') is requesting additional funds for the Garth Road Phase
A to E Final Design Project (Purchase Order 2101528) in order to make revisions associated with final
construction plan revision updates associated with re-opening of driveways on Phases A and B.
The Consultant anticipates exceeding effort associated with Phases A and B tasks on Task 14. Exhibit A
is a breakdown of justification by task of the out of scope work and Exhibit B is the Level of Effort
spreadsheet noting the hours and fee associated with the out of scope work to be reallocated to these
tasks.
The request is to add$37,000 to the corresponding Phase A and B tasks.
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,
CL G.
Glen Marshall, P.E. Brian C. Boecker, P.E.
Project Manager Principal
Attachments:
Exhibit A—Revised Scope of Services
00 Katy Freeway, Suite :00 Houston, TX 77079 ��
Kimley)))Horn pagf
EXHIBIT A - REVISED SCOPE OF SERVICES
PROJECT BACKGROUND
The City received grant funding from the federal government to improve Garth Road from IH-10 to Archer
Road to reduce traffic congestion and improve vehicular and pedestrian safety along the corridor. The
City has performed the Preliminary Engineering with TxDOT and is now moving into the final design
phase. In the Preliminary Engineering phase, in order to meet drainage requirements by TxDOT and
Harris County Flood Control District(HCFCD),the City needed to Phase the project. For the Final Design
phase, the Garth Road Final Design project consists of six phases of improvement along Garth Road
from IH-10 to SH 146 as follows and shown on Map 1 —Overall Garth Road Phasing Map:
• Phase A—Reconstruction of Garth Road from IH-10 to Hunt Road
• Phase B—Reconstruction of Garth Road from Hunt Road to Archer Road
• Phase C—Reconstruction of Garth Road from Archer Road to North of Cedar Bayou Lynchburg
Road
• Phase D—Reconstruction of Garth Road from North of Cedar Bayou Lynchburg Road to North of
Riceland Road
• Phase E—Reconstruction of Garth Road from North of Riceland Road to South of Baker Road
• Phase F—Reconstruction of Garth Road from South of Baker Road to SH 146.
City of Baytown has requested Kimley-Horn to perform final construction plan revision updates associated
with the re-opening of 7 driveways along Phases A and B. Scope below outlines work to be completed
that is out of the original scope in order to accommodate re-opening of these driveways.
Alternative Pond location was requested through right of way acquisition by an existing property owner
after pond location had been approved by HCFCD &TxDOT after the 90% construction document
submittal.
SCOPE OF WORK
The Consultant will provide the following scope of work:
Task 14—Construction Documents
Kimley-Horn will perform design and construction document updates associated with the re-opening of
the driveways listed below within the limits of Garth Road Phases A and B.
• Parcel 3 Driveway(McDonalds)
• Parcel 7 Driveway(Credit Union)
• Parcel 8 Driveway(Wendy's)
• Parcel 10 Driveway(Popeyes)
• Parcel 14 Driveway(Olive Garden)
• Parcel 17 Driveway(7-Eleven)
• Parcel 28 Driveway(Kroger)
00 Katy Freeway, Suite :00 Houston,TX 77079 ��
Kimley>>>Horn
The design and construction updates associated with re-opening the driveways is anticipated to include
the following:
• Paving
o Garth Road profile updates
o Proposed driveway profiles
o Erosion control layouts
o Plan and profile layouts
o Cross sections
o Quantities
• Drainage
o Inlet locations
o Internal drainage areas
o Lateral profiles
o Drainage plan and profile layouts
o Geopak link and hydrology and hydraulic tables
o XPSWMM model
o No impact study
o Quantities
• ROW/TCE Coordination
o TCE exhibit
TCE coordination
ADDITIONAL SERVICES
Kimley-Horn can provide additional services, if needed, upon the City's issuance of a written change in
scope. Any additional amounts paid to Kimley-Horn 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.
FEE TERMS
Kimley-Horn proposes to perform scope of services described above on a lump sum fee of$37,000.
Payment will be due within 25 days of your receipt of the invoice.
00 Katy Freeway, Suite :00 Houston, TX 77079 WIMI ��
Kimley>>>Horn
EXHIBIT B - LEVEL OF EFFORT
The following is a breakdown of the effort required to make the associated changes described in the
scope above.
1) Parcel 3 Driveway(McDonalds) $3,500
2) Parcel 7 Driveway(Credit Union) $4,000
3) Parcel 8 Driveway(Wendy's) $3,500
4) Parcel 10 Driveway(Popeyes) $7,500
5) Parcel 14 Driveway (Olive Garden) $6,000
6) Parcel 17 Driveway (7-Eleven) $6,500
7) Parcel 28 Driveway(Kroger) $6,000
Total=$37,000
00 Katy Freeway, Suite :00 Houston, TX 77079 ��