Ordinance No. 15,860 ORDINANCE NO. 15,860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FOURTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., TO DESIGN AND INSTALLATION OF A LIFT
STATION, THEREBY INCREASING THE CONTRACT AMOUNT BY TWO
HUNDRED FIFTY-SIX THOUSAND AND NO/100 DOLLARS ($256,000.00);
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 Fourth Amendment to the Professional Services
Agreement with Kimley-Horn and Associates, Inc., to design and install a lift station, thereby
increasing the contract amount by TWO HUNDRED FIFTY-SIX THOUSAND AND NO/100
DOLLARS ($256,000.00). 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 tive vote of the ' Council of the
City of Baytown this the 11th day of July, 2024.
DON CA TILLO, ayor
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R:\Vance Hinds\Ordinances\2024\2024.07.11\Fourth Amendment to PSA with Kimely-Jom for Garth Road Widening Project.docx
EXHIBIT "A"
Consulting Services Contract Amendment
Garth Road Widening Project
Date of Issuance: 6/5/2024 Amendment No: 04
Consultant: Kimlev-Horn and Associates. Inc Project No: RW1901
B C T T E PO#: 2101528
BAYTOWN
Explanation:
On November 17, 2020 Baytown City Council authorized a Professional Services Agreement with Kimley-Horn
and Associates, Inc., to provide civil engineering design, and related services for the Garth Road Widening
Project, from IH-10 to Baker Road. There is a need to design a public lift station at the intersection of Garth Road
and Baker Road to avoid a proposed storm and sanitary sewer conflict. This amendment adds an additional
$256,000.00,to the amended contract amount for the Garth Road Phase A-E, final design project. This will cover
a preliminary design and engineering report, public lift station design, public force main design, agency
coordination for permitting and approvals, bid phase services, and the lift station and force main construction
phase services.
Description of Work Cost Time
1. Preliminary public lift station design and engineering report $ 48,000.00 0 Days
2. Public lift station design $110,000.00 0 Days
3. Public force main design $ 35,000.00 0 Days
4. Agency coordination, permitting and approvals $ 8,000.00 0 Days
5. Lift station and force main bid phase services $ 15,000.00 0 Days
6. Lift station and force main construction phase services $ 40,000.00 0 Days
Total $ 256,000.00 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: Cot Time
Original Contract: $7,988,900.00 0 Days
Previous Amendment(s): -$460,350.00 N/A Days
Net increase (decrease) from this Amendment: $256,000.00 0 Days
Revised Contract: S7,784,550.00 0 Days
Percent increase (decrease) this Amendment(3.20%)
Percent increase (decrease) all Amendments (-2.56%)
[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:
kk; PE.
By: alt.,- Date: 6/24/24 By: Date:
Consultant JASON E.REYNOLDS,City Manager
Aaron K Rader, P.E.
Printed Name ROVED AS TO CONTENT:
Vice President Date:06/26/2024
Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
TERESA McKENZIE,Chief Financial Officer
By: Date: 6/26/2024
Project Manager
Danielle Cain
Printed Name
By: Date: 6/26/24
usines sset Team Mem er
Taylor Khoury
Punted Name
III
R\Template\Design 2 of 2 D6.Revised 9/2023
Ilr.
EXHIBIT "A"
Kimley>>>Horn
May 1, 2024
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. 4
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 design a public lift station at the
intersection of Garth Road and Baker Road to avoid a proposed storm and sanitary sewer conflict.
The request is to add $256,000 to the amended contact amount for a total contract value of
$7,784,550.00.
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, //�� � ��QQ��
I1��u"d
Stephen Kelly, P.E. Hannah Rietveld, P.E.
Associate Project Engineer
Attachments:
Exhibit A—Scope of Services
Exhibit B —Geotechnical Scope of Services
EXHIBIT A— SCOPE OF SERVICES
Task 1 — Preliminary Public Lift Station Design and Engineering Report $48,000 (LS)
A.Data Collection: Consultant will coordinate with the City to receive the data required to
analyze the lift station. Where data sources may be incomplete, the City will complete
the data or instruct the Consultant on assumptions to be used when data in incomplete.
1. Additional Geotechnical Bore (50-ft)
a. Consultant will coordinate with Gorrondona Engineering to obtain an additional
Geotech bore at the proposed lift station site. Kimley-Horn expects the bore to
be 50-ft deep. It is assumed the proposed lift station will be located on the
current Shipley Do-Nuts parcel at the southeast corner of the Garth Road and
Baker Road intersection.
B.Flow Projections: Consultant will use record drawings, survey, City GIS, and City
personnel input to determine which existing sanitary sewer lines will contribute to the
future proposed lift station. Consultant will analyze which businesses along Garth Road
and Baker Road contribute to those collection lines.
1. Using established criteria, Consultant will project the flow that the proposed lift
station will need to accommodate.
2. Consultant will delineate a proposed service area boundary for the lift station.
Consultant will review any empty parcels in the service area boundary and make
assumptions with the City's input to project future flows that may contribute to the
lift station.
C. Alignment Study: Consultant will propose reroute of existing wastewater collection
system within the Garth Road and Baker Road intersection to flow to the proposed lift
station. Consultant will propose a route for the new force main coming from the
proposed lift station.
1. As part of this subtask, Consultant will identify:
a. Horizontal and vertical layout at major conflicts based on available record and
previously obtained SUE information.
b. Proposed construction method.
c. Easement requirements, property owner information, and adjacent right-of-way.
2. The Consultant will produce two (2) alignment options for review by the City. The
Consultant will submit a PDF copy of the alignment options to the City.
D. Lift Station Preliminary Design: Consultant will perform preliminary lift station design.
The preliminary lift station design will include the following:
1. Perform design calculations for sizing the lift station, including duplex configuration
pumps (firm capacity will be achieved with one pump running and a backup for
redundancy), wet well, discharge piping, valves, and force main.
2. Coordinate with Hahn Equipment to select a submersible Flygt pump configuration
that will meet the required operation conditions.
3. Once the pumps are selected, the Consultant will coordinate with vendors to
determine the preliminary sizing of the required appurtenances and equipment for
the lift station. Required appurtenances and/or equipment may consist of: electrical
or SCADA equipment, natural gas generator, check valves, plug valves, flow
meters, air release valves, etc.
E.Lift Station Site Layout: After the preliminary sizing of the lift station, the Consultant will
produce two (2) site plan layouts for review by the City. The site plan layouts will include
the proposed wet well, valve pad, meter pad, electrical platform, generator pad, fence,
and driveway. The Consultant will submit a PDF copy of the site plan options to the City.
F.Preliminary Engineering Report: This task consists of the effort to prepare the
Preliminary Engineering Report (PER) document per Texas Commission on
Environment Quality (TCEQ) requirements:
1. The Consultant will prepare a draft PER with the following outline:
a. Executive Summary
b. Flow Projections
c. Analysis of the City Preferred Collection System Alignment
d. Analysis of the City Preferred Force Main Alignment
e. Lift Station Design and Hydraulic Calculations
f. Analysis of the City Preferred Site Plan Option
g. Force Main Alignment Exhibit
h. Opinion of Probable Construction Cost (OPCC)
The Consultant has no control over the cost of labor, materials, equipment, or over the
Contractor's methods of determining prices or over competitive bidding or market conditions.
Opinions of probable cost provided herein are based on the information known to Consultant at
this time and represent only the Consultant's judgement as a design professional familiar with the
construction industry. The Consultant cannot and does not guarantee that proposals, bids, or
actual construction costs will not vary from its opinions of probable costs.
2. The Consultant will submit a draft PER to the City for review and attend one (1)
review meeting to discuss comments.
3. The Consultant will address comments then prepare a final signed/sealed PER to
the City.
G. Meetings and Deliverables: Consultant anticipates the following meetings and
deliverables for this task:
1. Review meeting to discuss collection system and force main alignment options and
lift station site layout options.
2. Review meeting to discuss the draft PER.
Task 2 Public Lift Station Design $110,000 (LS)
This task consists of the design of a public sanitary sewer lift station and will include the following tasks:
A. Kimley-Horn will prepare engineering plans for the proposed lift station. It is assumed the
lift station will be bid and constructed separately from other Phases of the Garth Road
project. The following will be included on 22"x34" plan sheets:
1. Cover Sheet
2. Lift Station Design, General, Structural and Construction Notes
3. Lift Station Site Plan
4. Lift Station Grading Plan
5. Construction Sequencing Plan
6. Dimension Control and Paving Plan
7. Plan/Profile Sections with Control Levels and Settings Shown
8. Lift Station Construction Details
9. Electrical Site Plan, One-Line Diagrams, Backup Generator, and Details
10. Structural Notes and Details.
11. Erosion Control Plan and Details
12. Traffic Control Plan and Details
Approximately 20 sheets will be prepared as part of this plan set.
The City will provide Kimley-Horn up-front contract documents and the latest version of the City's
standard technical specifications. Kimley-Horn will review the standard specifications and modify as
required for the project. Kimley-Horn will prepare a bid form to be included in the front-end documents.
Kimley-Horn will compile a Project Manual complete with up-front contract documents, bid form, and
standard specifications.
Task 3 Public Force Main Design $35,000 (LS)
This task consists of the design of a public force main that will be constructed from the lift station located
on the property, following the alignment proposed in the PER from a previous task, and connecting to the
City's existing gravity system in Garth Road. This segment includes approximately 800 linear feet of force
main. This task includes the following:
A. Prepare the following general sheets to be included in the Lift Station Plan Set.
B. General Notes
C. Force Main Plan and Profiles (approx. 3 sheets)
D. Erosion Control Plan and Details (approx. 2 sheets)
E. Traffic Control Plan and Details
F. Construction Details
Kimley-Horn will compile City standard specifications and prepare force main specific technical
specifications to be included in the Project Manual.
Task 4 Agency Coordination, Permitting, and Approvals $8,000 (LS)
This task is intended to capture the effort associated with coordinating approvals with review agencies for
the lift station and force main. The identified agencies for review are:
A. City of Baytown
B. Harris County
C. TCEQ
Deliverables shall include one preliminary Lift Station and Force Main Plan and Project Manual (90%
design level) submittal to the agencies above for review and comment. If necessary, Kimley-Horn will
attend one (1) design review meeting with the City of Baytown. Kimley-Horn will address one (1) round of
reasonable comments from the agencies and resubmit to for final Plan and Project Manual approval. All
submittals will be submitted electronically via PDF. Hard copies will only be produced if requested and will
be billed to the Client as a reimbursable expense.
Because the extent of the review comments required for plan approval, permit expediting, and meeting
attendance is unknown at this time, we have projected our effort at 40 hours based on our experience
working with these agencies. If additional effort is required or requested by the Client, review agency, or
other members of the project team, it will be billed as an additional service, in excess of the budget amount
listed above. This task does not include permitting or submittal fees (to be paid by the Client).
It is assumed a submittal to TxDOT is not required for this task as submittals to TxDOT are not required
for the water/wastewater relocations along Garth Road. If a TxDOT submittal is required, it will be
considered an additional service.
L
Task 5 Lift Station and Force Main Bid Phase Services $15,000 (LS)
Kimley-Horn will assist the Client with advertising and bidding the public force main, and will perform the
following bid phase services:
A. Prepare a PDF of the Project Manual, Public Lift Station and Force Main Plans, and electronic
bid form (CSV format) to be advertised on the City's Quest CDN platform. The City will handle
the uploading and posting to Quest CDN.
B. Prepare for and conduct a pre-bid meeting with the prospective bidders.
C. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents.
D. Attend the bid opening.
E. Tabulate the bids received and evaluate the compliance of the bids received with the bidding
documents.
F. Prepare a written summary of this tabulation and evaluation together with a letter addressing
the award of the construction contract.
G. Issue final construction (Conformance) documents to the selected Contractor.
Task 6 Lift Station and Force Main Construction Phase Services $40,000 (LS)
Kimley-Horn will provide the construction phase services specifically stated below:
A. Pre-Construction Conference. Kimley-Horn will conduct a Pre-Construction Conference before
the start of construction.
B. Site Visits and Construction Observation. Kimley-Horn will make visits (occurring monthly, up
to twelve (12) visits total) to observe the progress of the work. Observations will not be
exhaustive or extend to every aspect of Contractor's work, but will be limited to spot checking,
and similar methods of general observation. Based on the site visits, Kimley-Horn will evaluate
whether Contractor's work is generally proceeding in accordance with the Contract Document
and keep Client informed of the general progress of the work. Kimley-Horn will not supervise,
direct, or control Contractor's work, and will not have authority to stop the Work or responsibility
for the means, methods, techniques, equipment choice and use, schedules, or procedures of
construction selected by Contractor, for safety programs incident to Contractor's work, or for
failure of Contractor to comply with laws. Kimley-Horn does not guarantee Contractor's
performance and has no responsibility for Contractor's failure to perform in accordance with
the Contract Documents.
C. Construction Meetings. Kimley-Horn will attend up to two (2) construction meetings on site.
Kimley-Horn will attend bi-weekly (every two weeks)virtual meetings with Contractor(up to 24
meetings total).
D. Recommendations with Respect to Defective Work. Kimley-Horn will recommend to Client that
Contractor's work be disapproved and rejected while it is in progress if Kimley-Horn believes
that such work will not produce a completed Project that generally conforms to the Contract
Documents.
E. Clarifications and Interpretations. Kimley-Horn will respond to reasonable and appropriate
Contractor requests for information made in accordance with the Contract Documents and
issue necessary clarifications and interpretations. Any orders authorizing variations from the
Contract Documents will be made only by Client. It is assumed up to ten (10) RFIs will be
answered for this project.
F. Change Orders. Kimley-Horn may recommend Change Orders to the Client and will review
and make recommendations related to Change Orders submitted or proposed by the
Contractor.
L_
G. Shop Drawings and Samples. Kimley-Horn will review and take appropriate action in respect
to Shop Drawings and Samples and other data which Contractor is required to submit, but only
for general conformance with the Contract Documents. Such review and action will not extend
to means, methods, techniques, equipment choice and usage, schedules, or procedures of
construction or to related safety programs. Any action in response to a shop drawing will not
constitute a change in the Contract Documents, which can be changed only through the
Change Orders. This task assumes up to thirty (30) shop drawings will be reviewed.
H. Substitutes and "or-equal/equivalent." Kimley-Horn will evaluate and determine the
acceptability of substitute or "or-equal/equivalent" materials and equipment proposed by
Contractor in accordance with the Contract Documents.
I. Inspections and Tests. Kimley-Horn may require special inspections or tests of Contractor's
work, and may receive and review certificates of inspections within Kimley-Horn's area of
responsibility. Kimley-Horn's review will be solely to determine that the results indicate
compliance with the Contract Documents and will not be an independent evaluation that the
content or procedures of such inspections, tests, or approvals comply with the Contract
Documents. Kimley-Horn is entitled to rely on the results of such tests.
J. Disputes between Client and Contractor. Kimley-Horn will, if requested by Client, render written
decision on all claims of Client and Contractor relating to the acceptability of Contractor's work
or the interpretation of the requirements of the Contract Documents. In rendering decisions,
Kimley-Horn shall be fair and not show partiality to Client or Contractor and shall not be liable
in connection with any decision.
K. Applications for Payment. Based on its observations and on review of applications for payment
and supporting documentation, Kimley-Horn will recommend amounts that Contractor be paid.
Recommendations will be based on Kimley-Horn's knowledge, information and belief, and will
state whether in Kimley-Horn's opinion Contractor's work has progressed to the point indicated,
subject to any qualifications stated in the recommendation. Kimley-Horn'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.
L. Substantial Completion. When requested by Contractor and Client, Kimley-Horn will conduct
a site visit to determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items with the exception of those
identified on a final punch list.
M. Final Notice of Acceptability of the Work. Kimley-Horn 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 Kimley-Horn may recommend final payment to Contractor.
N. Record Drawings. As an additional service if required, Kimley-Horn will prepare a record
drawing showing significant changes reported by the contractor or made to the design by
Kimley-Horn. Record drawings are not guaranteed to be as-build but will be based on
information made available.
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