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Ordinance No. 16,016 ORDINANCE NO. 16,016 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., FOR THE INTERSTATE HIGHWAY 10 LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT OF EIGHTY-NINE THOUSAND SEVEN HUNDRED AND NO 100 DOLLARS ($89,700.00); 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 and the City Clerk to attest to the Third Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for the IH-10 Lift Station and Force Main Project. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: The City Council of the City of Baytown hereby authorizes payment to Kimley-Horn and Associates, Inc in an amount of EIGHTY-NINE THOUSAND SEVEN HUNDRED AND NO 100 DOLLARS ($89,700.00) for professional services in accordance with the Third Amendment to the Professional Services Agreement as authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less. Section 4: 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 ote of the City Council of the City of Baytown this the 191h day of Novemb , a4 apYT001,,T • ° ANDON CAPE ILO, M or T ST: U� • 0 �t a •o ° ANGELA J CKSON, Cit eOF-c APPROVED AS O FO M: SCOTT LEM D, City Attorney R Ordinances and Resol tions%Ordmance Drafts 2024-11-19'Ordinance Authorizing 3rd Amendment PSA Kimley Hom.110 lift statton.kh.docr EXHIBIT "A" Consulting Services Contract Amendment IH-10 lift Station Date of Issuance: 10/9/2024 Amendment No: 3 Consultant: Kimlev-Horn &Associates.Inc. Project No: LS2001 (LFST2001) BAYTOWN Po#: 2108840 Explanation: This amendment is to expand the scope of work under the original Professional Services Agreement with Kimley-Horn and Associates, Inc., for the IH-10 Lift Station and Force Main project. The goal of the work associated with this contract amendment is to provide the engineering services necessary to relocate the site of the proposed lift station. The reason for the relocation is that,through research,staff has determined that the new location will be significantly less expensive to procure than the location originally proposed.This relocation will result in a savings of over$200,000.00, in appraised land value, allowing the City of Baytown to stay within budget for the property acquisition. The additional scope of work includes,topographic survey of the"Cox Property", geotechnical investigation for the force main, and an updated plan set reflecting the lift station relocation. Description of Work Cost Time 1.Topographic survey of"Cox Property" $4,000.00 0 Days 2. Geotechnical investigation for force main $6,900.00 0 Days 3. Lift Station plan updates $78,800.00 0 Days Total $89,700.00 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: QU Time Original Contract: $2,350,500.00 On-Call Days Previous Amendment(s): N,A Days Net increase(decrease) from this Amendment: $89,700.00 0 Days Revised Contract: $2,053,300.00 Q Days Percent increase(decrease) this Amendment(3.81%) Percent increase(decrease)all Amendments(12.64%) [Remainder of Page Purposely Left Blank] R Template\Design I 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: _ _ Date: 10/31/2024 By. Date: Consultant JASON E REYNOLDS.City Manager Nicholas Holscher, PE Printed Name APP OVED AS CONTENT: Vice President �� -- Date:1,1r04►2n24 Title ANK O.SIMONF,AIIX,JR..P.E.,PWE Director APP VED AS TO FUNDING: By: - Date: It 140+ TERESA MCKE ZIE.Ctrief Financial Officer By: Date: 10/31/2024 Project Manager Danielle Cain Printed Name By: Date: 11/1/24 B mess set Team Membe Taylor Khoury Printed Name R Template Design 2 of 2 D6.Revised 9 2023 EXHIBIT A-SCOPE OF SERVICES Task 1: Topographic Survey of"Cox Property" $4,000(LS) This task consists of the services for a professional land surveyor(Windrose Land Services, Inc.)to provide a Category 6, Condition I Topographic, Utility Survey of the proposed relocated lift station site to the"Cox Property".As part of this task,Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with surveyor(subconsultant). 2. Perform one(1)site visit to review topographic information provided by surveyor for general compliance with the scope of services and observed field conditions. 3. Review Digital Terrain Model and 1400t contours provided by the surveyor for general compliance with the scope of services and observed field conditions. 4. Review electronic base files provided by the surveyor in preparation for final force main design. B. Subconsultant Scope of Services: 1. Force Main Alignment and West WWTP i. Task 1:Cat. 6, Cond. I Topographic&Utility Survey 1. Topographic survey will be performed on a 100'x 100'grid where available including all visible grade breaks and changes in elevation. Topographic survey will show all improvements within 20 feet of the property lines and will include all improvements, elevations, observable utilities located within the subject area. 2. Vertical topographic information will be based on the nearest FEMA published Benchmark, and a minimum of two(2)temporary benchmarks will be established on-site at the time of survey.Additional future TBM's will be set if necessary, at additional cost. 3. Utility information shown on the survey is based on visible above ground improvements and evidence found on-site at the time survey, only. No subsurface research, inspection, probing or excavation is included within the scope of this task. Task 2: Geotechnical Investigation for Force Main $6,900(LS) This task consists of the services for a geotechnical engineer(Riner Engineering Services, Inc., Riner, or LIES)to provide geotechnical information at the lift station site. As part of this task, Consultant will provide the following services: A. Consultant Coordination 1. Coordinate with geotechnical engineer(subconsultant). 2. Review geotechnical report and provide one(1)round of comments 3. Coordinate with the City,TxDOT, and UPRR to provide information to the geotechnical engineer for right-of-way(ROW)permits for geotechnical drilling equipment. B. Subconsultant Scope of Services:Through Riner, the Consultant will perform the following services: 1. One(1)geotechnical bore up to 75 feet deep at the IH-10 Lift Station site. 2. Provide boring logs, and update to Geotechnical Report. Task 3: Lift Station Plan Uadates $78,800(LS) This task consists of the effort associated with updating the lift station plans to reflect the shift in site location to the"Cox Property".This effort will consist of the following: A. Consultant will coordinate with electrical and structural sub consultants, provide updated base files and information required for their design use. B. Consultant will review and confirm the hydraulic calculations for the lift station,including the total dynamic head(TDH). C. Consultant will update the IH-10 Lift Station Plan drawings. This scope of services assumes the lift station and force main plan set are broken separately.The following plan updates will be required: a. Sequencing and Bypass Pumping Plan b. Dimension Control c. Lift Station Site Plan d. Lift Station Plan and Section Details e. Erosion Control Plan and Details f. Demolition Plan, Section, and Details g. Lift Station Structural Plan h. Lift Station and Electrical Structural Building Section i. Structural Sections and Details j. Electrical Site Plan k. Electrical Building Power Plan I. Electrical Equipment Layout Plans m. Wet Well Plan and Section (Electrical) n. One Line Diagrams o. Electrical Equipment Elevation p. Conduit and Conductor Schedule q. Electrical Schedule r. Electrical Control and Schematics Wiring Diagrams s. Standard Electrical Details D. Consultant will resubmit plans to agencies for lift station approval. It is anticipated the following submittals will be made: a. Harris County Engineering Department b. Harris County Flood Control Department c. TxDOT, including a separate submittal for a driveway permit E. Consultant will coordinate with the City and their authorized Agents for temporary construction easements, permanent easements, and property acquisition updates. This effort will include: a. Coordinating with the City to answer property owners'questions regarding the lift station site layout or functionality. b. Coordinating the surveyor subconsultant to obtain updated metes and bounds for the lift station property, lift station temporary construction easement,force main easement,and force main construction easement. F. Consultant will update the lift station Opinion of Probable Construction Cost(OPCC)and provide to the City for review and comment at the 90%Resubmittal. G. It is anticipated a 90%Resubmittal for the lift station will be made to the City for review and comment.The 90% Resubmittal will be delivered electronically via PDFs.The Consultant will address one(1)round of reasonable comments from the City and prepare bid-ready(Final Design)documents. Consultant anticipates the following documents be included in the 90% Resubmittal and Final Design Submittals: a. Updated Plans b. Updated Project Manual and Technical Specifications,complete with upfront contract documents c. Bid Form d. OPCC Additional Services Any services beyond the Scope of Services not specifically described in the scope shall be considered additional services. The Consultant can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to the Consultant as a result of the material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. EXHIBIT B—Fee Summary Kimley-Horn proposes to perform the engineering services described in Exhibit A for an additional lump sum fee of$89,700. EXHIBIT C—SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule as dictated by the nature of the work requested by the City. Times for performance shall be extended as necessary for delays due to circumstances that Kimley-Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control.