Ordinance No. 16,291 (Item 6.o.)ORDINANCE NO. 16,291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SIXTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., FOR THE GARTH WIDENING PROJECT TO ADD
ADDITIONAL FUNDING FOR THE DESIGN OF PHASES A TO E, THEREBY
INCREASING THE CONTRACT AMOUNT BY THREE HUNDRED EIGHTY
THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($380,650.00);
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 Sixth 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 EIGHTY THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS
($380,650.00). 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 affirms e To of the'Pity Council of the
City of Baytown this the 23rd day of October, 2025. n /
ATTEST• ,_s
�/N
e
ANGEL A,G ON, City C
AS TO FORM:
SCOTT LE14OND, City Attorney
Mayor
VOrdinances and Resolutions\Ordinance Drafts\2025-10-23\Authorizing Amendment #6.Garth Road Widening.Kimley Hom.kh.docx
EXHIBIT "A"
Consulting Services Contract Amendment
T-C P
BAYTOWN
Explanation:
Garth Road Widening Project
Date of Issuance: 8/28/2025
Consultant: Kindey-Horn & Associates, Inc.
Amendment No: 6
Project No: RDWY1901
PO/Contract#: 2101528/4250081
This amendment reflects a change in scope for the Garth Road Widening Project Final Design, affecting
Segments A through E. The amendment includes updates in multiple areas to support the completion of 90%
design and to address new coordination needs with external stakeholders. Specifically:
• In Segment A, the amendment includes compensation for right-of-way acquisition services for Parcel
20B (northeast corner of Garth Road and Hunt Road), which required early acquisition support due to
phasing and access challenges.
• In Segments C, D, and E, the number of required metes and bounds descriptions for temporary
construction easements, permanent easements, and right-of-way has increased by 128. These are needed
to support ADA-compliant driveway construction, avoid conflicts with existing infrastructure, and
mitigate drainage impacts beyond the current right-of-way (ROW).
• In Segment D and the southern portion of Segment E, design revisions were made to avoid proposed
right-of-way within the ExxonMobil gas transmission corridor. These adjustments are expected to save
the City an estimated $2 to $3 million by eliminating the need for a major transmission line and vent
relocations.
• Across all segments, the approach to property acquisition has shifted. Instead of acquiring large single
easements per parcel, the design now uses multiple smaller temporary easements and fee simple areas.
This method reduces the total square footage acquired and lowers acquisition costs while maintaining
project functionality.
• Finally, in Segment E, the design team is updating construction and signal plans to incorporate a new
right -turn lane and traffic signal installed by Houston Methodist Baytown Hospital. These revisions
ensure compatibility with the hospital's improvements and maintain safety and operational standards.
Sep,ment
Description of Work
Cost
Time
A
ROW and Easement Services — Parcel 20B (lump sum)
$ 3,150.00
0 Days
C—E
ROW and Easement Metes and Bounds (lump sum)
$338,000.00
0 Days
D—E
Construction Documents (revisions for Exxon corridor, etc.)
$ 29,500.00
0 Days
E
Temporary Signal Design (lump sum — Houston Methodist area)
$ 10,000.00
0 Days
Total
$380,650.00
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.
Design 1 of 3 D6. Revised 03/2023
Cost & Time Charge Summary:
Original Contract:
Previous Amendment(s):
Net increase (decrease) from this Amendment:
Revised Contract:
Percent increase (decrease) this Amendment +4.76%
Percent increase (decrease) all Amendments +6.25%
Cost
$7,988,900.00
$ 119,150.00
$ 380,650.00
$8,488,700.00
[Remainder of Page Purposely Left Blank)
Time
On call
On call
On call
On call
Design 2 of 3 D6. Revised 03/2023
Consultant agrees to perform changes(s) included in this Contract Alnendnient for the price and time indicated.
The prices for chancres included all costs associated Nvith thus Contract Amendment.
No work is to be done tuitil this Amendment is executed_ No payment to the Consultant shall be made, for work
included in the Amendment tuttil thus Atttendntent is executed.
Unless a different iueaning clearly appears fi-ont 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 constnued as
one agreement provided that, in the event of any conflict or inconsistency, between the provisions of this
Annendntent and the provisions of the Agreement and any previous amendnnent, the provisions of this
Amendment shall control. This Amendment has been jointly negotiated by the parties heretuider and shall not
be construed against a party heretuider because that party may have asstuited 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 tills Amendment or in the Agreement shall be construed in any way to limit or to waive the City's
sovereign inunututy.
Tile persons executing this Agreement hereby represent that each party has the frill power and atitltonity to enter
into and perform ptufsttant to the Amendment, and that each has been properly authorized and empowered to
enter into the Antendntent.
Upon execution by all panties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPRON"ED:
By: �- __ Date:9/25/25
Consultant -
Nicholas F. Holscher, P.E.
Printed mine
By: W` IRZIJ Date:10/01/2025
Project Manager
Geovanna Arguelles
Printed Name
**Aqvy Date: 10/2/25
Business Asset Team Member
Taylor Khoury
Printed Name
APPROVED:
Date:
JASON E. REYNOLDS. City Manaser
APPROVED .,,S TO CONTENT:
By: -71-a 'k r- - Z, Date:10/03/2025
FR4_\I: O. SINIONEAUX. JR.. P.E.. PwE Director
��P�ROVED AS TO FUN ING: Date:�-
TERESA AncI:EXZIE. Chief Fin i Officer
Design 3 of 3 D6. Revised 03/2023
EXHIBIT "A"
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 10 — Temporary and Permanent Signal Design
Kimley-Horn will perform one (1) temporary signal design associated with the newly installed signal at
Garth Road and Houston Methodist Baytown Hospital. This signal is required due to traffic control
phasing for the construction of Garth Road.
Task 14 — Construction Documents
Kimley-Horn will perform construction document updates associated with the newly installed signal at
Garth Road and Houston Methodist Baytown Hospital.
• Temporary Signal plan sheets
• Traffic Control plan sheets
• Drainage plan sheets
• Signing and marking plan sheets
• Paving plan and profile plan sheets
Task 15 — Metes and Bounds and ROW Map Surveying Services
Kimley-Horn, through a subconsultant. will prepare and coordinate metes and bounds for the additional
ROW and easements associated with design and construction for Phases C/D/E. Table 15.1 of the
Original Contract accounted for a total of 46 metes and bounds preparation of ROW and easement
Kimley>>>Horn
parcels. The current 90% design shows a total of 174 ROW and easement parcels (77 TCEs, 66
Permanent Easements, and 31 ROW). This scope is to prepare an additional one hundred and twenty-
eight (128) metes and bounds and coordination in accordance to the scope language for Task 15 in the
Original Contract.
Task 16 — Right of Way and Easement Acquisition Services
Kimley Horn through a subconsultant provided right of way acquisition services for property 20B for the
NEC of Garth Road and Hunt Road.
The following is a breakdown of the effort required to make the associated changes described in the
scope above.
1)
Temporary Signal Design
$10.000
2)
Construction Documents
$29,500
3)
ROW and Easement Metes and Bounds
$338,000
4)
ROW and ESMT Services
$3.150
Total = $380,650
(�.illlp� r�