Ordinance No. 15,704 ORDINANCE NO. 15,704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT
OF TWENTY-FOUR THOUSAND DOLLARS ($24,000.00) RELATED TO THE
UNITED STATES DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2024
REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND
EQUITY(RAISE)GRANT PROGRAM APPLICATION; 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 Amendment No. 1 to the Professional Services Agreement with Kimley-Horn
and Associates, Inc., in the amount of TWENTY-FOUR THOUSAND DOLLARS ($24,000.00)related to
the United States Department of Transportation Fiscal Year 2024 Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Grant Program Application. A copy of said change order 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 8"day of February, 2024.
L RA ALVARADO, Mayor Pro Tern
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A GELA CKSON, Cler f \ o
APPROVED AS O ORM
SCOTT LEM D, City Attorney
R:Scott Ordinances 24-02-08UCHA Change Order-RAISE.docx
EXHIBIT "A"
Consulting Services Contract Amendment
Garth Road Reconstruction Proiect
Date of Issuance: 02/02/2024 Amendment No: 01
Consultant: Kimley Horn Associates, Inc. Project No: RW1901
6 E R PO#: 2312350
BAYTOWN
Explanation:
Project Understanding
The City of Baytown plans to reconstruct Garth Road with mobility, safety and aesthetic enhancements from I-
10 to Baker Road. For funding and design purposes, the Garth Road Widening Project has been separated into six
segments (A-F). In 2023, City of Baytown submitted a United States Department of Transportation (USDOT)
FY23 RAISE discretionary grant application for segment F of Garth Road prepared, in part, by Kimley-Horn
(Consultant). The FY23 grant was unsuccessful and City staff received a debrief with USDOT on 8/23/2023. The
City intends to revised the FY23 application to address USDOT comments and resubmit for a FY23 RAISE grant.
The Consultant does not guarantee the City will be awarded grant funding.
Scope of Work: Task X FY24 RAISE Grant Application Update $24,000 (LS)
The Consultant will update the narrative and benefit cost analysis (BCA) of the FY23 RAISE grant application
(entitled Garth Road Complete Streets Improvements, Segment F) which was previously submitted in 2023.
Updates to the RAISE grant will focus on addressing comments provided by USDOT during the debrief on
8/23/2023. Existing narrative and BCA information will be preserved, where practical. The Consultant will
develop new content for primary merit criteria narrative including safety, environmental sustainability, quality of
life,mobility and community connectivity,and economic competitiveness and opportunity.Narrative information
(project description, project budget, and project readiness) and BCA inputs which did not receive comment will
be preserved, where practical.
The Consultant will review the FY24 Notice of Funding Opportunity (NOFO dated November 30, 2023) and
BCA Guidance Benefit Discretionary Grant Programs (dated December 5, 2023). The Consultant will meet with
City at the onset of project to review USDOT debrief comments, discuss FY24 guidance, and outline a path
forward. The Consultant will update the narrative and BCA and submit to City for review. The Consultant will
address (one round of) City comments and submit final deliverables (grant narrative, BCA narrative, and BCA
workbook) to City.
Description of Work Cost Time
1. Update FY23 RAISE Grant Application for FY24 $ 24,000 0 Days
Total $ 24,000 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: C29 Time
Original Contract: $60,000.00
Previous Amendment(s): $ .00 0 Days
Net increase from this Amendment: $24,000.00 0 Days
Revised Contract: $84,000.00 0 Days
Percent increase (decrease) this Amendment (40%)
Percent increase (decrease) all Amendments (%)
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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: _ Date: By: Date:
Consultant JASON E.REYNOLDS,City Manager
Printed Name APPROVED AS TO CONTENT:
By: Date:
Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
TERESA McKENZIE,Chief Financial Officer
By: Date:
Project Manager
Printed Name
By: Date:
Business Asset Team Member
Printed Name
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