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Ordinance No. 16,099 ORDINANCE NO. 16,099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES CONTRACT WITH KIMLEY-HORN ASSOCIATES, INC., FOR THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FORTY-TWO THOUSAND NINE HUNDRED AND NO: 100 DOLLARS ($42,900.00); 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 Second Amendment to the Consulting Services Contract with Kimley-Horn Associates, Inc., 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 FORTY-TWO THOUSAND NINE HUNDRED AND NO 100 DOLLARS ($42,900.00) 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 affirmativ vote of the C* Council of the City of Baytown, this the 13°'day of March, 2025. 0 C IIN N, Mayor ATTEST: �pF Is Tpy,�� c.� r� GEL A JA KSO C CO APPROVED AS FO OFT SCOTT L OND, City ttorney R Ordinances and Resolutions Ordinance Drafts\2025-03-13\Authorizing 2nd amendment to Consulting Services Agreement with Kimley Horn for Wayne Gray kh docx EXHIBIT "A" Consulting Services Contract Amendment Wayne Gray Sports Complex, Turf and Parking Improvements Date of Issuance: 02/12/2025 Amendment No: 02 B C T ; Consultant: Kimley-Horn & Associates. Inc. Project No: PARK2108 BAYTOWN PO/Contract#: 2312615/4250078 Explanation: The purpose for this amendment is the modification in Scope of Work for the Wayne Gray Sports Complex, Turf and Parking Improvements Project. "Consultant" is asking for an additional $42,900.00, to repackage the 90°o plan set to only modify the four infields with artificial turf and limited detention. In the 90110 design submittal dated July 25, 2023, "Consultant" the Engineer of Record provided the Opinion of Probable Construction Cost (OPCC) with a cost of$4,559,773.27 for the project. This cost would cover the construction of the Wayne Gray softball infields and the additional parking at the Sports Complex. The reconfiguration of the existing detention pond for the additional retention would also be completed. The construction of the additional parking lot for the Pirates Bay complex on the plot of land purchased by the City in March 2023 would also be included. The current project budget does not account for the provided Opinion of Probable Construction Cost so the Scope of Work must be modified to fit with the limitation. The "Consultant" proposes $42,900.00 to make the necessary changes to the design to fit the completion of the four softball infields with artificial turf and the partial detention necessary for these modifications. A credit of$32,100.00 to the City by the "Consultant' for the removal of the additional parking lot for the Pirates Bay complex as part of the revised Scope of Work is included. The modification of the current fields would only be to the infields to receive artificial turf and no other work for the enhancement of the park until further funds become available. The current detention would be modified to accommodate the four new artificial infields. Description of Work Cost Time 1. Modification in Scope of Work - design modifications $ 42,900.00 133 Days 2. $ 0 0 Days 3. $ 0 0 Days 4. Total $ 42,900.00 133 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: $119,000.00 0 Days Previous Amendment(s): $ 67,000.00 230 Days Net increase (decrease) from this Amendment: $42,900.00 133 Days Revised Contract: $228,900.00 3633 Days Percent increase (decrease) this Amendment(36.05 %) Percent increase (decrease) all Amendments (92.35 %) 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: Date: 2/12/25 By: Date: Consultant JASON E.REYNOLDS,City Manager Stephen Kelly, P.E. Printed Name APPROVED AS TO CONTENT: Associate may; Tyr _:' Date:02/21/2025 Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director APPROVED AS TO FUNDING: By: Date: 2/20/25 TERESA McKENZIE,Chief Financial Officer By: Date: Project nager Enrique Vill Printed Name By: 4mkADate: 2/20/25 Business sset Team Member Taylor Khoury Printed Name R\Template\Design 2 of 2 D6.Revised 9/2023 Kimley))) Horn February 12, 2025 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, Turf and Parking Improvements,Amendment No. 2(PO2312615) Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant') is pleased to submit this amendment proposal to the City of Baytown ("City") for providing the scope of services in Exhibit A for the revised plans at Wayne Gray Sports Complex for a total not to exceed contract fee of$42,900, based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant and City dated January 131h, 2023 ("Original Scope"). 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, VA.b C ..: Kristina Malek, P.L.A. Michael D. Lucas Associate/Project Manager Regional Contract Lead Attachments: Exhibit A—Scope of Services Map 1 - Project Area Map EXHIBIT A- SCOPE OF SERVICES PROJECT BACKGROUND The original scope of work includes four(4) synthetic turf field retrofits from natural turf, full detention (four (4) fields plus parking areas), backstop improvements, outfield fencing, three (3) additional parking areas with lighting, landscape and irrigation. The current 90% plans dated July 2023 reflect this scope of work. Consultant understands the City would like to reduce the scope of the project and repackage for bidding due to budget cuts (as shown in Map 1) and reflect the following bid alternates: 1) Base Bid: Reduce scope to two (2) synthetic turf field retrofits from natural turf (Field #5 and #8)and limited detention for the two (2)fields (Field#5 and#8). 2) Alternate 1: Add two (2) additional synthetic turf field retrofits from natural turf (Field #6 and #7). 3) Alternate 2: Add limited detention for two (2)fields (Field#6 and#7). Repackaging includes removing all other improvements from the 90% plans dated July 2023, including but not limited to backstop improvements, outfield fencing, parking areas, site amenities, landscape and irrigation. These improvements are in an effort to better serve the community's needs for recreation and tournament facilities. This scope consists of effort to redesign and repackage the plans for bidding purposes. Consultant will perform the following tasks: TASK 1 —PROJECT MANAGEMENT a. Staff Meetings with Capital Projects and Parks Department (up to eight(8) meetings), including: i. Biweekly virtual project status update meetings. b. Communication i. Coordination with City Project Manager and various departments(Engineering and Parks). Coordination will include email correspondence, phone calls and meetings. ii. Communicate project status with the City with the monthly invoice. TASK 2—CONSTRUCTION DOCUMENTS Consultant will revise and reissue the previously submitted 90% Construction Documents based on City comments for variable pitch distances and limited detention design as described in the Project Background. This scope of work also includes effort for previous out of scope effort completed and requested by the City as part of the previously submitted 90%Construction Documents.This includes effort to address comments related to additional fence and netting modifications, additional easement coordination, and coordinating value engineering options. The Consultant will revise and reissue the 90% Construction Documents, and incorporate minor revisions into the 100% construction documents without additional review. The revised Construction Documents will include the following: A-G. Per the original scope as it relates to the Base Bid and Alternates defined in the above Project Background. Deliverables: A-D. Per the original scope as it relates to the Base Bid and Alternates defined in the above Project Background. TASK 3—BID PHASE SERVICES No additional effort for this task. TASK 4—CONSTRUCTION PHASE SERVICES No additional effort for this task. TASK 5—AQUATIC RESOURCE DELINEATION AND PRELIMINATY JURISDICTIONAL ANALYSIS No additional effort for this task. TASK 6—USACE NWP NON NOTIFYING MEMORANDUM No additional effort for this task. TASK 7—USACE NWP PRE CONSTRUCTION NOTIFICATION (PCN) No additional effort for this task. TASK 8—BATHYMETRIC SURVEY No additional effort for this task. TASK 9—GEOTECHNICAL INVESTIGATION No additional effort for this task. TASK 10—REPACKAGING 100% CONSTRUCTION DOCUMENTS Consultant will repackage the submitted 90% Construction Documents (plans, project manual and OPCC) to align with the reduced scope of work. Consultant will incorporate these revisions and submit it with the 100% design submittal per the original scope. The revised Construction Documents will consist of the following: A-H. Per the original scope as it relates to the Base Bid and Alternates defined in the above Project Background. Deliverables: A-D. 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