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Ordinance No. 16,116 ORDINANCE NO. 16,116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE GARTH WIDENING PROJECT TO ADD ADDITIONAL FUNDS FOR THE DESIGN OF PHASES A TO E, THEREBY INCREASING THE CONTRACT AMOUNT BY THREE HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($323,500.00); 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 Fifth Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for the Garth Road Widening Project to add additional funding for the design of Phases A to E, thereby increasing the contract amount by THREE HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED AND NO100 DOLLARS ($323,500.00). 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 affirmative vote of the City Council of the City of Baytown this the 1 Oth day of April, 2025. �k t TEST: - YT0 CHARLES JO ON, Mayor � o o Y 0 0 o ° 0 ANGE JACK60 4, City Clerk, APPROVE AS O FORM: SCOTT ND, City Attorney R:Ordinances and Resolutions Ordinance Drafts 2025-04-I0\Authorizing Amendment#5.Garth Road Widening.Kitnley Hom.kh.docx EXHIBIT "A" Consulting Services Contract Amendment Garth Road Widening Project w T R Date of Issuance: 3/03/2025 Amendment No: 5 BAYTOWNConsultant: Kimlev-Horn & Associates, Inc. Project No: RW1901 PO/Contract#: 2101528/4250081 Explanation: This amendment encompasses a change in scope for the Garth Road Widening Project Phase A to E Final Design Project. The primary change involves integrating water and sewer construction plans into the existing roadway and drainage plan set. This requires updates to traffic control design, demolition layout, water and sewer plans, erosion control, bid phase services, and construction phase services. The total additional amount of $323,500.00 includes, lump sum fees for traffic control design and construction document updates in the amount of$250,000.00, and hourly fees for bid and construction phase services in the amount of$73,500.00. Description of Work Cost Time Traffic Control Design (lump sum) $ 65,000.00 0 Days Construction Documents (lump sum) $185,000.00 0 Days Bid Phase Services (hourly fee) $ 11,000.00 0 Days Construction Phase Services (hourly fee) $ 62,500.00 0 Days Total $323,500.00 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: $7,988,900.00 On call Previous Amendment(s): $ -204,350.00 On call Net increase(decrease) from this Amendment: $ 323,500.00 On call Revised Contract: $8,108,050.00 On call Percent increase (decrease) this Amendment(4.04%) Percent increase (decrease) all Amendments (1.49%) [Remainder of Page Purposely Left Blank] Design 1 of 2 D6.Revised 03 2023 Consultmrt agrees to perforin changes(s)included in this Contract Amendment for the price and time indicated. The prices for changes included all costs associated with tivs 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 uuitil 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 mid 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 petty hereunder because that petty may have assuuned primary responsibility for the drafting of this Amendment. By this Amendrneuut, 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 Ainenchnent,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 inuinuvty. The persons executing this Agreement hereby represent that each petty has the full power and authority to enter into and perfonn 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 andior Contract Time shown,are made part of the Contract. APPROVED: APPROVED. By. Kimley-Horn and Associates Date 3/17/2025 By: Date: Consultant JASON E.REYNOLDS.City Manaser Glen Marshall, P.E. Printed Name ROVED AS TO CONTENT: Project Manager � U r -.-�' Date:03/20/2025 Title FRANK O.SIMONEAUY.JR..P.E..PWE Director APPROVED AS TO FUNDING: By: Date. 04ro1/25 TERESA McKENZIE.Chief Financial Officer By: { _ Date: 3/17/2025 Project Manager Danielle Cain Printed Name By: Date: 3/20/25 %gusineAilksset Team Meinbe Taylor Khoury Printed Name Design 2 of 2 D6.Revised 03/2023 Kimley}>)Horn EXHIBIT A- REVISED SCOPE OF SERVICES PROJECT BACKGROUND The City received grant funding from the federal government to improve Garth Road from IH-10 to Archer Road to reduce traffic congestion and improve vehicular and pedestrian safety along the corridor. The City has performed the Preliminary Engineering with TxDOT and is now moving into the final design phase. In the Preliminary Engineering phase, in order to meet drainage requirements by TxDOT and Harris County Flood Control District(HCFCD),the City needed to Phase the project. For the Final Design phase, the Garth Road Final Design project consists of six phases of improvement along Garth Road from IH-10 to SH 146 as follows and shown on Map 1 —Overall Garth Road Phasing Map: • Phase A—Reconstruction of Garth Road from IH-10 to Hunt Road • Phase B—Reconstruction of Garth Road from Hunt Road to Archer Road • Phase C—Reconstruction of Garth Road from Archer Road to North of Cedar Bayou Lynchburg Road • Phase D—Reconstruction of Garth Road from North of Cedar Bayou Lynchburg Road to North of Riceland Road • Phase E—Reconstruction of Garth Road from North of Riceland Road to South of Baker Road • Phase F—Reconstruction of Garth Road from South of Baker Road to SH 146. City of Baytown has requested Kimley-Horn to perform design and plan sheet updates, bid phase and construction phase services, and metes and bounds preparation associated with the changes described above. The outline of specific scope of work associated with each of the tasks is described below. SCOPE OF WORK The Consultant will provide the following scope of work: Task 12—Traffic Control Kimley-Horn will perform design associated with the updating the proposed traffic control phases required for the repackaging of the plan set to include water and wastewater plan sheets. The addition of the water and sewer construction infrastructure to the plans will require the following: • Additional traffic control phases and plan sheets • Adjusting current phases and plan sheets to incorporate water and sewer construction and construction methods • Adjusting the construction time determination exhibit Task 14—Construction Documents Kimley-Horn will perform construction document updates associated with the repackaging of the plan set to include water and wastewater plan sheets. • Demolition Layout plan sheets • Traffic Control plan sheets • Water plan sheets • Sewer plan sheets • Erosion Control plan sheets • OPCC • Final forms and documentation 00 Katy Freeway, SUite :00 Houston,TX 77079 �� Kimley>Morn Task 21 —Bid Phase Services Kimley-Horn will perform bid phase services associated with the repackaging of the plan set to include water and wastewater plan sheets. Task 22—Construction Phase Services Kimley-Horn will perform bid phase services associated with the repackaging of the plan set to include water and wastewater plan sheets. LEVEL OF EFFORT The following is a breakdown of the effort required to make the associated changes described in the scope above. Lump Sum Fee 1) Traffic Control Design $65,000 2) Construction Documents $185,000 Total Lump Sum Fee $250,000 Hourly Fee (Not to Exceed) 3) Bid Phase Services $11,000 4) Construction Phase Services $62,500 Total Hourly Fee $73,500 Total Amendment=$323,500 00 Katy Freeway, Suite :00 Houston,TX 77079 IVMM