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Ordinance No. 15,041 ORDINANCE NO. 15,041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ON-CALL ENGINEERING SERVICES TO ASSIST WITH PLAN REVIEWS AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND AND N01100 DOLLARS ($75,000.00); 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 and the City Clerk to attest to the First Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., to provide on-call engineering services to assist with plan reviews and miscellaneous engineering services. A copy of the amendment is attached hereto,marked Exhibit "A," and made a part hereof 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 SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00)for professional engineering services in accordance with the amendment authorized in Section I 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 affirm tive vote of the City uncil of the City of Baytown this the 241h day of February, 2022. BRANDON CAPETILLO, Mayor AT ST: pYTOW4,l ° ° ANGELA JA SON, City Clerk e e �o e� ° o APPROVED AS TO FORM: OF TREVOR FANNING, Interim City Attorney R:AKaren Anderson.ORDINANCES.2022 2022.02.2411stAmendedConsultingServicesAgreementKimley-HomOn-CallServices.docx EXHIBIT "All CITY OF BAYTOWN '''' PUBLIC WORKS& ENGINEERING 2123 Market St. Baytown,Texas 77520 BET ER BAYTOWN Contract Amendment 1 On-Call Service Contract Date of Issuance: 2/24/2022 Amendment: 1 Construction ManageiKimley Horn CoB Project No.: Designer: NA P.O.No.: 2200504 Explanation: Contract amendment is prepared for additional on-call services for the scope of services in Exhibit A for providing civil engineering plan review and related services. Description of Work Cost Time 1 On-Call Task Order Engineering Plan $ 75,000.00 0 Days 0 Days 0 Days $ - Days $ - Days Please attach back-up documentation Cost&Time Change Summary Cost Time Original Contract: $ 100,000.00 0 Days Previous Change Order(s): $ - Days Contract prior to this change order: $ - Days Net increase(decrease)from this change order $ 75,000.00 0 Days Revised Contract: $ 175,000.00 0 Days Finance Approval: Date: RECOMMENDED: RECOMMENDED: B Date: 02-16-2022 By: Date: Design Engineer Director of Public Works&Engineering ACCEPTED*: APPROVED: By: Date: By: Date: Contractor City Manager *Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The prices for changes included all costs associated with this Change Order. No work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included in the change order until the Contractor's pay estimate is updated. Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order governs.Upon execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract. Construction 1 of I D16 Revised 2021 Kimlep Horn February 3, 2022 Mr. Frank Simoneaux, P.E. Director of Public Works and Engineering City of Baytown 2123 Market Street Baytown, TX 77520 RE: Amendment No. 1-Professional Services Agreement City of Baytown—On-Call Civil Engineering Review and Related Services Agreement Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant")is pleased to submit this proposal to the City of Baytown ("City")for providing Amendment No 1 for the scope of services in Exhibit A for providing civil engineering plan review and related services. Amendment No 1 will add an additional $75,000 on an on-call basis to the original agreement dated October 15, 2021, bringing the total for a total hourly not to exceed fee of $175,000. Understandings and assumptions which this Agreement is based on include: • The Consultant and the City mutually agree to not recruit each other's employees. • The City agrees that in order to prevent a potential conflict of interest, real or perceived, the Consultant shall not perform services for the City relating to projects where the Consultant is a party thereto. • This Agreement does not restrict the Consultant from providing professional engineering services to private developers working on development projects in the City. • It is understood that this on-call is intended to be temporary to assist the City in reducing the backlog of outstanding development plans and potentially providing additional engineering services on an"as-needed"basis. We appreciate the opportunity to continue to serve the City of Baytown. If you have any questions or need additional information regarding this proposal, please contact me. KIMLEY-HORN AND ASSOCIATES, INC. Sincerely, G5YU-V1:U Connie Curtis, RE Aaron K. Radar, P.E. Vice President/Project Manager Vice President Attachments: Exhibit A—Scope of Services Exhibit B—Fee Summary and Hourly Rate Schedule Exhibit C—Schedule EXHIBIT A- SCOPE OF SERVICES PROJECT BACKGROUND This proposal is based on our understanding of the City's need for assistance with the review of development plans submitted to the City by private developers and other miscellaneous engineering support which may include, but not be limited to ad-hoc analysis such as traffic, drainage, grading calculation, or ad-hoc minor site-specific design. Level of effort shall first be agreed upon by the Consultant and the City prior to undertaking such miscellaneous engineering. The Consultant will provide on-call engineering services to be an extension of the City's staff for the purposes of providing development review assistance and engineering services on an "as-needed"basis as directed by the City of Baytown as a complement to the efforts of City staff. The Consultant will provide on-call engineering services for the City. The work the City may request of the Consultant as part of this agreement may include but are not limited to the following: • Professional Engineering Representative: These Services will include representing the City as its professional engineer as requested by the City. Services may include meetings with developers to discuss preliminary development plans or meeting with State or Federal regulatory agencies to discuss items relevant to the City. • Review of Development Site Plans, Infrastructure Plans, Construction Plans and Construction Specifications: These services will include reviewing development site plans, infrastructure plans, construction plans, and construction specifications for conformance with the City's Development Rules and Regulations. Other services related to these may include coordination with Developer and Developer's Engineer. Upon completion of the review, Consultant will provide the City with a letter outlining the review comments associated with the development. The Consultant's limited evaluation may not disclose all errors or defects that might be in the plans, but is intended merely to provide the City with a greater degree of confidence that the plans have been prepared in accordance with applicable professional standards of care. By conducting this limited evaluation, the Consultant is not assuming responsibility for the content and accuracy of the plans, and the Client acknowledges that it will not attempt to hold the Consultant liable for any defects that may exist in the plans. The employee of the Consultant will perform tasks as directed by and as a supplement to the City's staff. The City's staff will be responsible for utilizing the Consultant's employee to perform such tasks that would be typical of an employee of the City with similar experience. As such, the Consultant shall be entitled to all defenses and immunities that are, or would be, available to the City. Such tasks may include, but may not be limited to, attending project meetings, project plan review, project coordination, etc. • Miscellaneous Engineering Services: The Consultant will provide engineering services as requested by the City. Work Orders for Engineering Services are anticipated to be issued services as follows: Obtain written approval from the City of Baytown to complete the scoped work for the agreed not-to-exceed fee.As tasks are added or expanded, provide new or amended scope. Support services such as survey and data collection if needed will be coordinated by the Consultant but contracted directly with the City of Baytown. Miscellaneous engineering shall be developed as a Technical Memorandum or Plan sheet as appropriate, unless specific request is made for another format. It will be signed and sealed by a professional engineer. The Consultant will provide the number of hours spent versus the agreed upon budget for a given task as an attachment to each invoice. It is not a separate contract and will be billed under the on-call with the rates shown in Exhibit B. Additional Services Any services beyond the Scope of Services not specifically described in the scope shall be considered additional services. The Consultant can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to the Consultant as a result of the material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. EXHIBIT B — Fee Summary and Hourly Rate Schedule Kimley-Horn proposes to perform the on-call engineering services described in Exhibit A for an additional hourly, not-to-exceed basis,of$75,000 for a total not-to-exceed fee of $175,000. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project will be billed hourly. Kimley-Horn will perform these services based on the hourly rate schedule below. Payment will be due within 30 days of your receipt of the invoice. Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Analyst $120-$200 Professional $180-$230 Senior Professional 1 $220 -$285 Senior Professional II $265-$300 Senior Technical Support $145-$210 Support Staff $90-$130 Technical Support $90 -$135 Effective through September 30, 2022 Subject to periodic adjustment thereafter EXHIBIT C — SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule as dictated by the nature of the work requested by the City. Times for performance shall be extended as necessary for delays due to circumstances that Kimley-Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control.