Ordinance No. 14,545ORDINANCE NO. 14,545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES 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
ONE HUNDRED FIFTY THOUSAND AND NO'100 DOLLARS ($150,000.00); 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 Second Amendment to the
Professional Services 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 ONE HUNDRED FIFTY THOUSAND AND
NO.' 100 DOLLARS ($150,000.00) for professional services in accordance with the agreement and 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 Council of the City of
Baytown this the 22°d day of October, 2020.
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LE ICIA BRYSCH, Cit Cl k
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
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R:'•Karen Horner', Documents'Files .City Council Ordinances\2020 October 22\KimleyHom2ndAmendment2Agreement4On-CallServices.doc
Exhibit "A"
Consulting Services Contract Amendment
City of Baytown On -Call Engineering Services
BAYTOWN Date of Issuance: October 08, 2020 Amendment No: 02
Consultant: Kiimle1--Horn & Associates. Inc. Project No: On -Call Engineering
Services
PO#• 1908707
Explanation:
This Amendment is a continuation of the existing On -Call Engineering Services contract with the consultant
Kimley-Horn & Associates_ Inc for Professional Engineering Representation, Plan Reviews & Miscellaneous
Engineering Services.
Description of Work Cost Time
1. Professional Engineering Representation Variable
2. Plan Reviews Variable
3. Miscellaneous Engineering Services Variable
Total $ 150,000.00 357 Days
Scope/Schedule: The scope of work is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Cost & Time Change Summary:
Original Contract:
Previous Amendment(s).
Net increase (decrease) from this Amendment.
Revised Contract:
Cog Time
$ 49,000.00
$ 200,000.00
$ 150,000.00 357 Days
$ 399,000.00 357 Days
* Commencing on the Effective
Date of the Agreement
[Remainder of Page Purposely Left Blank]
Design I of 2 D6. Revised 04 20
Consultant agrees to perform changes) included in this Contract Aunendunent for the price and tine indicated.
The prices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Anrerrdnient is executed. No payment to the Consultant shall be made for work
included in the intendment until this Amendment is executed.
Unless a different nneaning clearly appears from the context. words and phrases as used in this Amendment. the
terins and phrases as used herein shall have the sane meanings as in the Agreement. The provisions of this
Arnnerndunernt and the Agreeneut and all prel-ions amendments. if arty. shall be read together and construed as one
agreement provided that. in the event of any conflict or inconsistency between the provisions of this Arnneruhuennt
and the provisions of the Agreenneut aid any previous amenduneut. the provisions of this Aunendinent shall
control. This Ainenchnnent has been jointly negotiated by the parties hereu ndei and shall not be conttnned against
a party heretuider because that party may have asstunied primary responsibility for the drafting of this Aruendnnent.
By this ,kniendnnent. the C'it• does not consent to litigation or suit. and the City hereby expressly revokes any
consent to litigation that it nnav have granted by the tennis of this Amendment. the Agreement or any other contract
or agreement or addenda. any charter. or applicable state law. Nothing contained in this Annenchnent or in the
.agreement shall be construed' in any way to limit or to waive the City's sovereign inuiru nit'.
The persons exectim- le this Agreement hereby represent that each party has the full power and authority to enter
into and perforin pti suannt to this Amendment. and that each has been properly authorized and empowered to
enter unto thna Amenditnent.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
XPPROVED. APPROVED:
By:
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Title
Date:
RICHAR.D L. DA\TS. City Nlanniter
APPRONID AS TO CONTENT:
By: Date: _
FRANK O. SLXI0N-EA11. JR . P E . P1VE Director
APPROVED AS TO FUNDING:
By: Date:
VICTOR BROWNLEES. Finance Directoi
Design 2 of 2 D6. Revised 04120