Ordinance No. 13,508ORDINANCE NO. 13,508
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
ROAD RIGHT -TURN LANES PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY-FOUR
THOUSAND AND NOi 100 DOLLARS ($24,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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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 Fifth Amendment to the
Professional Services Agreement with Kimley-Horn and Associates, Inc., for the Garth Road Right -Turn
Lanes Project. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for
all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Kimley-
Horn and Associates, Inc., in an amount not to exceed TWENTY-FOUR THOUSAND AND N01100
DOLLARS ($24,000.00) for professional services in accordance with the amendment authorized in
Section 1 hereinabove.
Section 3: This ordinance shall take effect immediatelyf>and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative,v 6 of he City Council of the City of
Baytown this the 13`h day of July, 2017. /j
A ST:
L TICIA BRYSCH, Ci Clerk
APPROVED AS TO FORM:
�l
TdNACIO RAMIREZ, SR., Attorney
H. DONCARLOS, Mayor
RAKarenTiles'.0ty CounciLOrdinances\2017Vuly 13\FifthAmendment2KimleyHomAgreement4GarthRoadRightTumLane.doc
Exhibit "A"
FIFTH AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
KMILLEY-HORN AND ASSOCIATES, INC.
STATE OF TEXAS
COUNTY OF HARRIS
This Fifth Amendment ("Fifth Amendment") to that certain "Professional Services Agreement"
between the City of Baytown and Kimley-Horn and Associates, Inc., dated the 20 day of October,
2014, is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City") and Kimley-Horn and Associates, Inc.,
("Professional") did enter into an Agreement for Professional Services, dated the 24'h day of October,
2014, ("Agreement") to perform traffic engineering services for right -turn lane improvements together
with the preparation of associated plans, specifications, cost estimates and construction phase services for
the following intersections:
➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane;
➢ Garth Road at Cedar Bayou Lynchburg Road— WB Right -Turn Lane;
➢ Garth Road at Baker Road — EB Right -Turn Lane;
➢ Garth Road at Baker Road — WB Right -Turn Lane; and
WHEREAS, on January 14, 2015, the City and Professional entered into the First Amendment to
the Agreement for engineering services associated with three additional right -turn lane improvements at
the following intersections:
➢ Garth Road at IH -10 WBFR — WB Right -Turn Lane;
➢ Garth Road at IH -10 WBFR— SB Right -Turn Lane; and
➢ Garth Road at IH -10 EBFR — NB Right -Turn Lane
(the "First Amendment"); and
WHEREAS, on March 18, 2015, the City and the Professional entered into the Second
Amendment to the Agreement for engineering services associated with certain bid phase services,
including the preparation of bidding documents and three (3) metes and bounds legal descriptions with
exhibits (the "Second Amendment"); and
WHEREAS, on March 31, 2016, the City and the Professional entered into the Third Amendment
to the Agreement for engineering services associated with certain additional bid phase and construction
phase services for the seven (7) right -turn lane improvements at multiple locations in Baytown, Texas,
stemming from the fact that all seven right -turn lanes will be bid as one bid package and the fact that the
Project will no longer be constructed using the City's on-call contractor (the "Third Amendment"); and
WHEREAS, on June 15, 2016, the City and the Professional entered into the Fourth Amendment
to the Agreement for engineering services associated with an additional one (1) right -turn lane to the
southbound approach at the intersection of Garth and Baker in Baytown, Texas (the "Fourth
Amendment");
Fifth Amendment to the Agreement for Professional Services. Page I
WHEREAS, the City and the Professional now desire to amend the Agreement again in order for
the Professional to provide certain additional services associated with an additional one (1) right -turn lane
to the eastbound approach at the intersection of Garth Road and Cedar Bayou Lynchburg Road in
Baytown, Texas;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Fifth Amendment shall have the same meanings as in the Fourth Amendment, the
Third Amendment, the Second Amendment, the First Amendment and in the Agreement.
2. Amendments
a. Section 1 "Scope of Services/Professional Fees" of the Agreement is hereby amended to
read as follows:
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform engineering services right -turn lane
improvements at multiple locations in Baytown, including the following intersections:
➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane;
➢ Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane;
➢ Garth Road at Baker Road — EB Right -Turn Lane;
➢ Garth Road at Baker Road — WB Right -Turn Lane;
➢ Garth Road at IH -10 WBFR — WB Right -Turn Lane;
➢ Garth Road at IH -10 WBFR — SB Right -Turn Lane;
➢ Garth Road at IH -10 EBFR—NB Right -Turn Lane;
Garth Road at Baker Road — SB Right -Turn Lane; and
➢ Garth Road at Cedar Bayou Lynchburg Road — EB Right -Turn Lane.
The Professional shall also perform engineering services associated with the preparation
of associated plans, specifications, cost estimates, and construction phase services (the
"Work") for and on behalf of the City. The compensation for Professional shall be on the
basis described in Exhibit "A," with reimbursement of costs on the basis described in
Exhibit "B," for a total contract amount not to exceed ONE HUDRED NINETY-FOUR
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($194,500.00). The time
schedules for the Work are attached as Exhibit "C." The scope of the work and
projection of costs of the construction project is as denoted in Exhibit "D." Each of these
Exhibits "A" through "D" is incorporated into this Agreement by reference for all
purposes.
b. Exhibit "A" "Compensation," as incorporated into the Agreement, is hereby amended to
read as follows:
EXIMIT A
Compensation
Survey Services required under Task 1 of this Agreement shall not exceed TWENTY-
THREE THOUSAND AND N0/100 DOLLARS ($23,000.00) based upon the actual cost
to the Professional times a factor of 1.10.*
Engineering Services required under this Agreement shall not exceed the following for
each task herein identified based upon the rate schedule included below:
Fifth Amendment to the Agreement for Professional Services, Page 2
Rate Schedule
Cost Not to
Cost Not To
Task
Description
Exceed Per
Exceed
- $240
Engineer/Professional
Intersection
$210
1
Survey
$155
*$ 23,000.00
2
Tum Lane Design Plans
Analyst
$147,000.00
$170
Garth Road at Cedar Bayou
$13,000.00
$115
Lynchburg Road — NB Right -Turn
Lane
Garth Road at Cedar Bayou
$11,000.00
Lynchburg Road — WB Right -Tum
Lane
Garth Road at Baker Road — EB
$17,000.00
Right -Turn Lane
Garth Road at Baker Road — WB
$21,000.00
Right -Turn Lane
Garth Road at IH -10 — WB Right-
$17,500.00
Tum Lane
Garth Road at IH -10 — SB Right-
$16,000.00
Turn Lane
Garth Road IH -10 —NB Right-
$16,000.00
Turn Lane
Garth Road at Baker Road — SB
$15,500.00
Right—Turn Lane
Garth Road at Cedar Bayou
Lynchburg Road — EB Right -Turn
$20,000.00
Lane
3
Bid Phase Services
$ 8,500.00
4
Construction Phase Services
$ 16,000.00
Total
$194,500.00
Rate Schedule
Senior Engineer I/Senior Professional I
$230
- $260
Senior Engineer II/Senior Professional H
$215
- $240
Engineer/Professional
$155 -
$210
CAD Technician
$140 -
$155
Designer
$105 -
$165
Analyst
$135 -
$170
Support Staff/Technician
$60 -
$115
Additional Services
Professional will perform additional services, if any, at a price agreed upon by the parties
in writing prior to the performance of such services. The City shall not be responsible or
liable for any additional services performed by the Professional unless such additional
services have been approved in writing prior to the performance of the same.
c. Exhibit "C" "Schedule of Work," as incorporated into the Agreement is hereby amended to
read as follows:
Fifth Amendment to the Agreement for Professional Services, Page 3
EXHIBIT C
Schedule of Work
Professional shall complete the services required herein in accordance with the following
schedule commencing from the date of the City's issuance of the notice to proceed:
Task 1: Survey..............................................................28 Calendar Days*
Task 2: Turn Lane Design Phase..................................28 Calendar Days*
*From Notice to Proceed in accordance with the Fourth
Amendment.
*From Notice to Proceed in accordance with this Fifth
Amendment.
The Professional shall perform General Bid Phase Services throughout the City's bidding
of the project until the award of a contract and commencement of the Construction Phase.
Professional shall perform Construction Phase Services throughout and until completion
and acceptance by the City Council of the work associated with the Project.
d. Exhibit "D" "Scope of Work," Section A "Generally" is hereby amended to read as follows:
EXHIBIT D
SCOPE OF WORK
A. Generally:
The City has a need for increased capacity at the following intersections:
Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane
Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane
➢ Garth Road at Baker Road — EB Right -Turn Lane
➢ Garth Road at Baker Road — WB Right -Turn Lane
Garth Road at IH -10 — WB Right -Turn Lane
➢ Garth Road at IH -10 — SB Right -Turn Lane
➢ Garth Road IH -10 — NB Right -Turn Lane
➢ Garth Road at Baker Road — SB Right -Turn Lane
➢ Garth Road at Cedar Bayou Lynchburg Road — EB Right -Turn Lane
The Professional shall design right -turn lane improvements to provide additional vehicular
capacity for the aforementioned approaches. The Professional's services shall include the
surveying and the preparation of plans and quantities for the construction of the turn lane
improvements described herein. This design will be done in accordance with City of Baytown
design standards and guidelines.
e. Exhibit "D" "Scope of Work," Section B "Basic Services," Task 1 "Survey" and Task 2
"Turn Lane Design Plans" are hereby amended to read as follows:
EXHIBIT D
Scope of Work
B. Basic Services:
Professional shall provide the following scope of services:
Fifth Amendment to the Agreement for Professional Services, Page 4
1. Task 1: Survey
The Professional will engage a surveying sub -consultant to obtain a
topographic survey of the project intersections identified in the
Agreement, the First Amendment, the Second Amendment, the Third
Amendment and the Fourth Amendment. Information gathered by the
survey will include right-of-way, edge of pavement, curb lines, islands
and medians, pavement markings, signs, sidewalks, trees, and other
above ground features within the survey area. This will also include
vertical survey at the intersection including ditch lines, if any. The
survey will provide project baselines, identify benchmarks, and identify
and show above and underground utilities that can be reasonably
determined via markings by a utility locator service. This survey will
form the base sheets for the turn -lane improvement designs that will be
performed. The deliverables shall include survey CADD files.
2. Task 2: Turn Lane Design Plans
The Professional shall prepare the civil engineering design documents in
accordance with published City of Baytown design standards and
specifications. Plans shall consist of 11"x17" plan sheets.
a. Data Collection: The Professional shall:
(1)
visit the project intersection for observation of existing
conditions;
(2)
perform a field reconnaissance of the intersection and
collect the existing geometry and examine lane
configuration, utilities, and traffic/pedestrian operations
within the study area;
(3)
gather existing record drawings and file information of
the project intersection from the City's files, including
the existing record or construction roadway and traffic
signalization plans, right-of-way information, and utility
maps; and
(4)
prepare a base map of existing geometries, apparent or
known utilities from record drawings and the
topographic survey.
b. Preliminary Design: The Professional shall prepare preliminary
right -turn lane layout sheets showing the proposed
improvements, typical sections and submit to the City for review
and comment.
C. Final Design: The Professional shall incorporate the City's
review comments from the preliminary layout and prepare the
final design plan set for the project intersection. The basic
design parameters will be based on discussions with the City.
The Professional anticipates this submittal will include the
following items:
(1) Typical Sections. The Professional will prepare
proposed typical sections for each of the right -tum lane
improvements, but detailed plan and profiles will not be
included. The typical section will show the pavement
Fifth Amendment to the Agreement for Professional Services. Page 5
and subgrade section, existing edge of concrete,
proposed edge of concrete (or curb), existing right-of-
way, and travel lanes. The pavement section will match
the existing roadway section. Pavement design is not
included in this scope of services.
(2) PavingPlans. The Professional will prepare paving
design showing plan view (no profile) of the proposed
right turn lane improvements. The plan will show the
existing and proposed horizontal roadway improvements
with tie-in elevations, existing and proposed (if needed)
right-of-way and easements, existing driveways,
proposed driveway modifications (if necessary), existing
and proposed drainage structures, horizontal and vertical
control data.
(3) Pavement Markings and Signage. The Professional will
prepare a pavement marking and signage design
showing plan view of the proposed lane dimensions and
lane designation arrows.
(4) Storm Drain. The Professional will prepare a design for
storm drain adjustments due to the proposed right -turn
lane improvements, where needed. Adjustments could
include moving inlets, adding inlets, typical re -grading,
and adjusting manhole elevations. No drainage analysis,
drainage area map, or calculations will be performed.
Relocation or adjustment of other utilities such as
sanitary, water, and gas is not included in this design;
these would be considered additional services.
(5) Electric Poles. For the right -turn lanes specified in the
Agreement, the First Amendment, the Second
Amendment, the Third Amendment and the Fourth
Amendment, The Professional will coordinate with
CenterPoint Energy and the City to plan for new electric
pole locations where needed. No electrical line
calculations or design is included in this design, as this is
in the CenterPoint Energy service area. This subsection
shall not apply to the Garth Road at Cedar Bayou
Lynchburg Road — EB Right -Turn Lane.
(6) Traffic Signal Modifications.
➢ For the Agreement, the First Amendment, the
Second Amendment, the Third Amendment and the
Fourth Amendment, the Professional will prepare
traffic signal modification plans to relocate and
modify the traffic signal equipment (vehicular in -
pavement loop detection, pedestrian poles and
pushbuttons, red light -camera poles, ground boxes,
pedestrian ramps) wherever needed based on
Fifth Amendment to the Agreement for Professional Services, Page 6
proposed right -turn lane design. The extent to the
relocation will be determined after survey and field
work is complete. Traffic signal pole relocation is
not anticipated at this time.
➢ For this Fifth Amendment, the Professional will
prepare traffic signal modification plans to relocate
and modify the traffic signal equipment (traffic
signal heads for phasing change, signage on span
wire, ground boxes) wherever needed based on
proposed right -turn lane design. The extent to the
relocation will be determined after survey and field
work is complete. Traffic signal pole relocation is
not anticipated at this time.
(7) Intersection Operational Analysis. For this Fifth
Amendment, the Professional will prepare and
provide revised basic traffic signal timings for the
intersection based on new phasing, lane
configurations, and volumes provided from the City.
The Professional will model the intersection using
the traffic modeling program Synchro to determine
the best phasing sequence and splits lengths to
provide optimal V/C ratios and delay for each
approach and the intersection. The signal timings
will be provided to the City for its use in installation
into the signal controller and adaptive system.
d. Administration: The Professional shall perform general
administration services and coordination with the City, including
phone calls, emails and project status meetings.
C, Deliverables: The Professional shall provide quantity listings
and three (3) final sealed design 11"x17" drawings and plan sets
for paving and grading, pavement markings, signage, traffic
signal modifications, standard sheets, quantities, and engineer's
opinion of probable construction cost for the Project, which
includes:
➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -
Turn Lane
➢ Garth Road at Cedar Bayou Lynchburg Road — WB Right -
Turn Lane
➢ Garth Road at Baker Road — EB Right -Tum Lane
Garth Road at Baker Road — WB Right -Turn Lane
➢ Garth Road at IH -10 — WB Right -Turn Lane
➢ Garth Road at IH -10 — SB Right -Turn Lane
➢ Garth Road IH -10 — NB Right -Tum Lane
➢ Garth Road at Baker Road — SB Right -Turn Lane
➢ Garth Road at Cedar Bayou Lynchburg Road — EB Right -
Turn Lane
(the "Contract Documents").
Fifth Amendment to the Agreement for Professional Services. Page 7
Entire Agreement. The provisions of this Fifth Amendment, the Fourth Amendment, the Third
Amendment, the Second Amendment, the First Amendment, and the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this Fifth Amendment and the provisions of the Fourth
Amendment, the Third Amendment, the Second Amendment, the First Amendment and/or the
Agreement, the provisions of this Fifth Amendment shall control.
4. Interpretation. This Fifth 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 Fifth Amendment.
5. Captions. Captions contained in the Agreement, First Amendment, Second Amendment, the
Third Amendment, the Fourth Amendment, and the Fifth Amendment are for reference only and,
therefore, have no effect in construing the documents. The captions are not restrictive of the
subject matter of any section.
6. No Waiver. By this Fifth 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
Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, the
First Amendment, the Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained in this Fifth Amendment, the Fourth Amendment, the
Third Amendment, the Second Amendment, the First Amendment or the Agreement shall be
construed in any way to limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the
same amendment, this day of July, 2017, the date of execution by the City Manager.
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Fifth Amendment to the Agreement for Professional Services. Page 8
KIMLEY-HORN AND ASSOCIATES, INC.
By:
lgnat&e-)
&A"n cvu;tlon� I_
(Printed Name)
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared�bfwadnn Glu.j 1� oy , in his capacity
as 5Y. NSSOC,i tai G of KIMLEY-HORN AND ASSOCIATES,1t C., onon behalf of such
corporation,
known to me;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this"L day of QhhnG 2017.
DONNA W STOMR No ary Public in and for the State of Texas
N01e►y ID a 1 ZU73NB
My COMM1e0100 Expires
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Fifth Amendment to the Ag=reement for Professional Services. Page 9