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Ordinance No. 16,100 ORDINANCE NO. 16,100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE THIRD 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 FIFTEEN THOUSAND AND NO 100 DOLLARS ($15,000.00); 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 Third 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 FIFTEEN THOUSAND AND NO 100 DOLLARS ($15,000.00) 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 affirmative vote of the City C uncil of the City of
Baytown, this the 13"'day of March, 2025. a,/ f
CHARLES fORWN, Mayor
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APPROVED AS TO FO _
SCOTT L D, City Attorney
R.Ordinances and Resolutions%..Ordinance Drafts%2025-03-13'+Authorizing 3rd amendmen to the Consulting Services Agreement with Kimley Hom
for the Wayne Gray Turf and Parking Project.kh.docx
EXHIBIT "A"
Consulting Services Contract Amendment
Wayne Gray Sports Complex, Turf and Parking Improvements
Date of Issuance: 02/12/2025 Amendment No: 03
r, T T F.R Consultant: Kimlev-Horn & Associates. Inc. Project No: PARK2108
PO/Contract#: 2205415/4250077
BAYTOWN
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 $15,000.00, to resubmit the
revised drainage report to the Harris County Flood Control Department.
In the 900.10 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 retrofit of the Wayne Gray softball infields with artificial turf and the additional
parking at the Sports Complex. The complete detention to accommodate these revisions at the site would also
be addressed. 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 $15,000.00 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.
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 $ 15,000.00 133 Days
2. $ 0 0 Days
3. $ 0 0 Days
4.
Total $ 15,000.00 133 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 Chance Summary: Cost Time
Original Contract: $144,000.00 161 Days
Previous Amendment(s): $ 80,355.00 166 Days
Net increase (decrease) from this Amendment: $15,000.00 133 Days
Revised Contract: $239,355.00 460 Days
Percent increase (decrease) this Amendment (10.41 %)
Percent increase (decrease) all Amendments (66.22 %)
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: 1C Date: 2/12/25 By: Date:
Consultant JASON E. REYNOLDS,City Manager
Stephen Kelly, P.E.
Printed Name APPROVED AS TO CONTENT:
Associate �By. Date:02/21/2025
Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
2/20/25 By: Date:
TERESA McKENZIE,Chief Financial Officer
By: Date:
Proj t Manager
Enrique Villa
Printed Name
By: lmkp" Date: 2/20/25
usiness sset Team Member
Taylor Khoury
Printed Name
R\Template0esign 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. 3(PO2205415)
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 resubmittal to Harris County Flood
Control District("HCFCD")at Wayne Gray Sports Complex for a total not to exceed contract fee of$15,000,
based on terms and conditions as utilized in the Agreement for Consulting Services between Consultant
and City dated April 19, 2022 ("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,
kA.b► l� G
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 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.
Due to the change in detention design,the Consultant will be required to resubmit the revised plans
to the HCFCD.This scope of effort is related to the resubmittal to HCFCD only.
These improvements are in an effort to better serve the community's needs for recreation and tournament
facilities.
Consultant will perform the following tasks:
TASK 1 —PROJECT MANAGEMENT
No additional effort for this task.
TASK 2—SURVEY AND PLATTING
No additional effort for this task.
TASK 3—GEOTECHNICAL INVESTIGATION
No additional effort for this task.
TASK 4—DRAINAGE
Consultant will revise the detention pond analysis to reflect the following two(2)options: 1)limited detention
for two (2) synthetic turf fields, and 2) limited detention for four (4) synthetic turf fields, from full detention
as shown in the submitted 90% Construction Documents. Consultant will incorporate the revisions and
submit it with the 100% design submittal and to HCFCD per the original scope. The revised submittal will
consist of the following:
Task 4.1-4.3 Per the original scope as it relates to the limited detention design.
Deliverables:
Task 4.1-4.3 Per the original scope as it relates to the limited detention design.
TASK 5—PRELIMINARY ENGINEERING REPORT
No additional effort for this task.
ADDITIONAL SERVICES
Consultant can provide additional services, if needed,upon the City's issuance of a written change in scope.
Any additional amounts paid to 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.
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