Ordinance No. 14,326ORDINANCE NO. 14,326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO ASSIST
PUBLIC WORKS & ENGINEERING (PWE) DEPARTMENTS IN PLAN REVIEWS
AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED THOUSAND AND NOI100 DOLLARS ($200,000.00); 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 First Amendment to the
Professional Service Agreement with Kimley-Horn and Associates, Inc., to assist Public Works &
Engineering (PWE) Departments in plan reviews and miscellaneous engineering services. 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 a total amount not to exceed TWO HUNDRED THOUSAND AND NOI100
DOLLARS ($200,000.00) for professional services in accordance with the agreement and the amendment
authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
Section 4: 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 of e vote of the Cit uncil of the City of
Baytown this the 13th day of February, 2020.
B ANDON CAPETIL O, qayor
A ST:
�pF 01►YTOWN
LETICIA BRYSCH, Ci lerk v �,
APPROVED AS TO FORM: •
y
�9rF OF T�+P
NACIO RAMIREZ, t., City Attorney
R! Karen Files -City Council,Ordinances\2020`•February 13 KimleyHornlstAmendment2Agreement4on-CallServices.doc
EXHIBIT "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
KIMLEY-HORN AND ASSOCIATES, INC.
61 ".. IT093-SIMMA1.
COUNTY OF HARRIS
This First Amendment ("Amendment") to that certain "Professional Services Agreement'
between the City of Baytown and Kimley-Horn and Associates, Inc., dated the 281h day of August, 2019,
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 281h day of August,
2019, ("Agreement") to perform on -call engineering services as requested in writing via a work order by
the Director of Public Works/Engineering (the "Work") for and on behalf of the City; and
WHEREAS, the City now desires Professional to perform additional on -call services and desires
and increase the total compensation, which includes reimbursable expenses, by a total of TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00);
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 Amendment shall have the same meanings as 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 on -call engineering services
of the type described in Exhibit "A," which may be as requested in writing via a
work order by the Director of Public Works/Engineering (the "Work") for and on
behalf of the City. The scope of work, time schedule and compensation for each
task shall be detailed in writing in the work order. The parties understand and
agree that the compensation for Professional for all tasks hereunder shall be on
the basis described in Exhibit "B" and shall not exceed TWO HUNDRED
FORTY-NINE THOUSAND AND NO/100 DOLLARS ($249,000.00), which
amount includes reimbursable expenses. Exhibits "A" and "B" are incorporated
into this Agreement by reference for all purposes.
First Amendment to the Agreement for Professional Services, Page I
"Miscellaneous Engineering Services," contained in Exhibit "A" "Scope of Services" of
the Agreement is hereby amended to read as follows:
Exhibit "A"
SCOPE OF WORK
The Professional shall provide on -call engineering services as more particularly
described in a work order issued by the City. Such services may include, but not be
limited to, the following:
Miscellaneous Engineering Services:
These services will include providing requested miscellaneous engineering
services such as, but not limited to, assisting developers by answering questions
relating to construction standards set forth in the City's Rules and Regulations.
Additionally, such services may include miscellaneous engineering services
being developed as a technical memorAndum or plan sheet, as appropriate, which
shall be signed and sealed by a professional engineer.
Entire Agreement. The provisions of this 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 First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
4. Interpretation. This First 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
Captions. Captions contained in the Agreement and First 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 First Amendment, the Owner does not consent to litigation or suit, and the
Owner hereby expressly revokes any consent to litigation that it may have granted by the terms of
this First Amendment, the Agreement or any other contract or agreement or addenda, any
charter, or applicable state law. Nothing contained in this First Amendment or in 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 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 , 2020, the date of execution by the City
Manager.
CITY OF BAYTOWN
LIM
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
First Amendment to the Agreement for Professional Services, Page 2
"Ma"ZOIiI: -01M- W11 GWGT: M
IGNACIO RAMIREZ, SR., City Attorney
KIMLEY-HORN AND ASSOCIATES, INC.
By:
lgnature)
�r�►+dvn �J+•• � 11 vr-
(Printed Name)
(Title)
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared Nagadhon G1u cyo , in his capacity
as of KIMLEY-HORN AND ASSOCIATES, MC., on 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 114day of `an a,(4 2020.
'��`111111" DONNA W. STOEVER , oy.
_�� Y P� Notary Public, State of Texas No ary Public in and for the State of Texas
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%rONotary ID 128873568
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First Amendment to the Agreement for Professional Services, Page 3