Ordinance No. 15,367 ORDINANCE NO. 15,367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH VOLKERT,INC.,
FOR SERVICES RELATED TO THE DESIGN AND BID OF ILLUMINATION PLANS,
SIDEWALK PLANS,AND TRAFFIC SIGNAL PLANS FOR FOUR SIGNALS ALONG
BUSINESS 146 (N. ALEXANDER) FROM SH 146 TO SH 99 FOR THE NORTH
ALEXANDER TRAFFIC SIGNAL RELOCATION PROGRAM PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FIVE HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY-
SEVEN AND 50.100 DOLLARS ($509,437.50); MAKING OTHER PROVISIONS
RELATED THERETO; 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 a Consulting Services Agreement with Volkert,
Inc.,for services related to the design and bid of illumination plans,sidewalk plans,and traffic signal plans
for four signals along Business 146(N.Alexander)from SH 146 to SH 99 for the North Alexander Traffic
Signal Relocation Program Project. A copy of said agreement 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 Volkert,Inc., in
an amount not to exceed FIVE HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY-SEVEN
AND 50.E 100 DOLLARS ($509,437.50) for professional services in accordance with the agreement
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 NO1 100 DOLLARS ($50,000.00)or less.
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 tZDON
;CXPETILL;O, ;ayor;;
Ciy of
Baytown this the 9`''day of February,2023.
�pYTO(gr4,00
•T��y.
0
i
ANGELA CK iWVVler o
APPROVED AS O F � ,* ....
SCOTT LEM N ,City Attorney
R:Karen Anderson'.ORDINANCES\2023\2023.02.09\PSAwithVolkert-N.AlexanderTratficSignalRelocationProgramProject.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Volkert, Inc. (hereinafter
"Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers
Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform Services related to the Design and Bid of
Illumination Plans, Sidewalk Plans, and Signal Plans for four signals along Business 146 (North
Alexander Street)from SH146 to SH99 in Baytown,Texas for the North Alexander Traffic Signal
Relocation Program including Street Lighting (the "Work") for and on behalf of the City. The
scope of the Work is detailed in Exhibit "A." The compensation and professional fees for
Consultant and its subconsultants is more particularly described in Exhibit"B"and shall not exceed
FIVE HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY-SEVEN AND 50.'100
DOLLARS ($509,437.50). The time schedules for the Work are specified in Exhibit "C." Each of
these Exhibits "A"through "C"are incorporated into this Agreement by reference for all purposes.
2. Compensation and Professional Fees
a The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
1. Design Phase Services (Lump Sum)............................................$474,453.50
2. Bid Phase Services (Hourly Not to Exceed)................................$ 9,128.00
3. Construction Phase Services (Hourly Not to Exceed).................$ 25,856.00
4. Additional Services(Lump Sum)................................................$ 0.00
(These services require independent and specific advance,written authorization)
5. Reimbursable Expenses (Not to Exceed).....................................$ 0.00
6. Total............................................................................................$509,437.50
b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and
"Reimbursable," Consultant shall not exceed the fixed contractual amount without
written authorization in the form of a Contract amendment.
C. Reimbursable Expenses, as shown in Exhibit "B," are itemized by work category.
Reimbursable Expenses shall be invoiced AT COST, without subsequent markup
by Consultant. All invoices containing a request for Reimbursable Expenses shall
include copies of the original expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs;
(b) Postage;
Agreement for Professional Services,Page 1
(c) Mileage, for travel from Consultant's local office (within a 25-mile
radius) to meetings at the City or jobsite. Mileage shall be charged
at the current IRS rates;
(d) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles;and
(e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight-hour day at the destination; provided
such expenses has been approved in writing by the City.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside the
Greater Houston Area.
d Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
e. In the event of a disputed or contested invoice,the City may withhold from payment
that portion so disputed or contested,and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Mohammad Rajani, to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty(30) days advance written approval from the City's Representative.
b. Licensed and Registered Architects/Engineers
Consultant shall keep full-time registered architects and/or engineers licensed in
the State of Texas on staff and assigned to the Work for the duration of its
performance of the Work.
C. Data on Consultant's Employees
Prior to commencement of the Work,Consultant shall forward to the City a detailed
resume of the personnel that will be assigned to the Work. Such personnel shall
include,but not be limited to, architects and/or engineers as applicable.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
Ap,reement for Professional Services,Page 2
4. Designation and Duties of the City's Representative
a. The City's Director of Public Works and Engineering or his designee shall act as the
City's Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Consultant's usage on the Work and to provide access to City's property
and easements. However, the City does not guarantee the accuracy or correctness
of the documents so provided.Notwithstanding the foregoing, Professional shall be
entitled to use and rely upon information provided by the City in performing the
services required under this Agreement only to the extent and level specified by the
City in writing for each document provided. Nothing contained herein shall be
construed to require the City to provide such records in any certain format. The
format in which the existing data and documentation will be provided shall be at the
sole discretion of the City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances,time and locality. Opinion of probable cost shall be based
upon the Consultant's experience and represent its best judgment as an experienced
and qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes,standards,environmental regulations and/or material
specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials specified on any City project shall be in accordance with City,
ASTM, ACI, and AASHTO specifications, and with other recognized
standards. Proprietary material or other materials for which no generally
recognized standards exist may be used provided there has been at least five
(5) years of proven experience in the field, and such satisfactory
Agreement for Professional Services,Page 3
documentation has been approved by the City's Representative.
(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state,or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations,
including the Texas Accessibility Standards.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or Consultant if
superior methods are available for successful operation of equipment and/or
for the construction project on which the Work is performed.Any alternative
codes or regulations used shall have requirements that are equivalent or
better than those in the above-listed codes and regulations. Consultant shall
state the alternative codes and regulations used.
(6) Consultant agrees the services it provides as an experienced and qualified
architect/engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis,reports,preparation of drawings,the designation or
selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement.As applicable,Consultant shall provide the City with record
"as-built" drawings relating to the Work in an electronic format that is
acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
(8) Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, other than its subconsultants. Data projections
and estimates are based upon Consultant's opinion based on experience and
judgment. Consultant cannot and does not guarantee that actual costs and/or
quantities realized will vary from the data projections and estimates prepared
by Consultant.
(9) Consultant shall submit all final construction documents in both hard copy
and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible.The software versions used
shall be compatible to current City standards. Other support documents, for
example, structural calculations, drainage reports and geotechnical reports,
shall be submitted in hard copy only. All Record Drawings electronic files
shall be submitted to the City in PDF/TIF format.
Agreement for Professional Services,Page 4
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative. Consultant's obligation to render services specified in
Exhibit "B" will be for the entire period necessary for the final completion of the construction of
the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right
to seek and shall not be entitled to any additional compensation.
7. Instruments of Service
Upon execution of this Agreement, Consultant grants to the City an ownership interest in the
Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's
consultants consistent with this Agreement. As noted in Articles 5 and 11, Consultant shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration,and/or repairs of the Project.As a condition to the City's use of the Instruments of Service,
the City hereby expressly agrees to remove Consultant's name and all references to Consultant and
its consultants from the Documents. Provided that this Agreement is not terminated for cause by
the City, the City shall release any and all claims which the City could make arising out of or in
connection with any reuse of the documents by the City.
8. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by
the City, its officials, employees or agents shall be considered in excess of
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants,agents and assigns as additional insureds under its policy
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
M General Aggregate: $2,000,000
M Products &Completed Operations Aggregate: $2,000,000
M Personal&Advertising Injury: $1,000,000
M Per Occurrence: $1,000,000
M Fire Damage$500,000
M Waiver of Subrogation required
M Coverage shall be broad form
M No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
Agreement for Professional Services,Page 5
acceptance.
2. Business Automobile Policy
M Combined Single Limits: $1,000,000
M Coverage for "Any Auto"
M Waiver of Subrogation required.
3. Errors and Omissions
M Limit: $1,000,000 for this project
M For all architects, engineers, and/or design companies
M Claims-made form is acceptable
M Coverage will be in force for one (1) year after completion of the
Project.
M Waiver of Subrogation required.
4. Workers' Compensation
M Statutory Limits
M Employer's Liability$500,000
M Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating
of A(-): VII or better.
2. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided,canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
Agreement for Professional Services,Page 6
of this Agreement.
9. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO
LIABILITY ARISING FROM THE PERSONAL INJURY,DEATH, OR
PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER
THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT
FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION
OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL
SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS
AGREEMENT.
Anreement for Professional Services,Page 7
By this Agreement,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 Contract or any other contract or agreement,any charter,or applicable state law.
Nothing herein shall be construed so as to limit or waive the City's sovereign
immunity. Consultant assumes full responsibility for its services performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character,including the cost of defense thereof, for any injury to or death of any
person (whether they be either of the parties hereto, their employees, or other third
parties)and any loss of or damage to property(whether the property be that of either
of the parties hereto, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with Consultant's services to
be performed hereunder. This release shall apply with respect to Consultant's
services regardless of whether said claims,demands,and causes of action are covered
in whole or in part by insurance.
10. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the City Manager to Consultant of the City's
election to do so. Furthermore, the City may immediately and without notice terminate this
Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but
not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city,state,or federal government from Consultant
or its principals, including, but not limited to, any taxes, fees, assessments, liens, or
any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant;
(d) the dissolution of Consultant;
(e) refusing or failing to prosecute the Work or any separable part with the diligence that
will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination,Consultant shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
Agreement for Professional Services,Page 8
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any other
rights and remedies provided by law or under this Agreement.
12. Records
Within ten(10)days of the City's request and at no cost to the City,the City will be entitled to review
and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
13. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work or
services performed and the date(s) of such work or services. In the event of a disputed or contested
invoice, the parties understand and agree that the City may withhold the portion so contested, but
the undisputed portion will be paid. Consultant shall invoice the City for work performed no more
than once a month and may not invoice the City for work not performed. Invoices shall be received
by the City no later than sixty(60) calendar days from the date Consultant and/or its subconsultants
perform the services or incur the expense. Failure by Consultant to comply with this requirement
shall result in Consultant's invoice being denied and the City being relieved from any liability for
payment of the late invoice.
15. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt,as the word is defined in
section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the
City's Director of Finance in writing.If the City's Director of Finance becomes aware that Consultant
has incurred a debt,the City's Director of Finance shall immediately notify Consultant in writing. If
Consultant does not pay the debt within thirty(30)days of either such notification,the City's Director
of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant
under this Agreement,and Consultant waives any recourse therefor.
16. Texas Government Code Verifications
The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the
Texas Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term of the
contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy companies
during the term of the contract to be entered into with the City of Baytown; and
c. the Consultant does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association and will not discriminate during the
term of the contract against a firearm entity or firearm trade association.
Aereement for Professional Services,Page 9
17. Reputation in the Community
Consultant shall retain a high reputation in the community for providing professional
architectural/engineering services. Consultant shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for$50,000 or more for errors or omissions
in providing architectural/engineering services and/or (b) seeks to deny Consultant the right to
practice architecture/engineering or to perform any other services in the state of Texas.
18. Payroll and Basic Records
a. Consultant shall maintain payrolls and basic payroll records during the course of the
work performed under this Agreement and shall preserve them for a period of three(3)
years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address of
each such employee, social security number, correct classification, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made and actual
wages paid.
b. Consultant shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection, copying
or transcription or its authorized representatives within fifteen(15)days of the City's
request therefor. Consultant shall permit such representatives to interview
Consultant's employees during working hours on the job.
19. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas. The
parties further agree that performance and all matters related thereto shall be in llarris County,
Texas.
20. Notices
Unless otherwise provided in this Agreement,any notice provided for or permitted to be given must
be in writing and delivered in person or by depositing same in the United States mail, postpaid and
registered or certified, and addressed to the party to be notified, with return receipt requested, or by
delivering the same to an officer of such party.Notice deposited in the mail as described above shall
be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after
the expiration of three (3)days after it is so deposited.
For the purpose of notice,the addresses of the parties shall be as follows unless properly changed as
provided for herein below:
For the City: CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant: Volkert, Inc.
5775 N. Sam Houston Parkway W.
Suite 140
Houston,TX 77086
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address,provided that at least fifteen(15)days written
Agreement for Professional Services,Page 10
notice is given of such new address to the other party.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled
to rely on Professional's performance of its services hereunder, and no right to assert a claim against
Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result
of this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral,on the subject matter hereof.This Agreement may only
be amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
Aereement for Professional Services,Page 11
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the
same Agreement on the day of , 20 , the date of execution
by the City Manager of the City of Baytown.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
Agreement for Professional Services,Page 12
CONSULTANT:
Volkert, Inc.
(Company Name)
IF-&// -e
(Signature)
Brian Huntsinger
(Printed Name)
Vice President
(Title)
STATE OF TEXAS §
COUNTY OF TRAVIS §
Before me on this day personally appeared Brian Huntsinger , in his.her capacity
as Vice President ---of Volkert, Inc.
on behalf of such,
FE known to me;
❑ proved to me on the oath of or;
❑ proved to me through his/her 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/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thisI4r'4day of .! R NLLA-4 _ 20
NotaryPublic in a for the State of Texas
MICHAEL J GLAROS
'•' My Notary ID#132048434
ar '' Ex lrw June 12,2023
Agreement for Professional Services,Page 13
Volkert,Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert.com
EXHIBIT A - SCOPE OF WORK
The level of effort negotiated will include tasks necessary to provide PS&E services for the above scope narrative for City
of Baytown Public Works and Engineering and Permitting to bid this project upon completion of the PS&E.
DESIGN PHASE SERVICES(LUMP SUM)
1 Project Management and Administration
Progress and Review Meetings
• Schedule, prepare for, attend, and document the Progress Meeting with the client. This includes a pre-
design meeting to discuss aesthetics and logistics of the design of the signals and illumination.
• Review Meeting will be conducted prior to plan submittal.
• Prepare and e-mail monthly progress reports to the Client.
A C
• Volkert will perform an internal review prior to all submittals(30%,60%,90%) in accordance with quality
assurance standards established for this project. QA/QC comments will be collected from each internal
reviewer,documented,and comments addressed prior to each plan submittal to the Client.
• Client review comments will be documented and addressed after each review meeting.Volkert will create
a "Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the
comment that will be furnished to the Client with each review.
Project Administration
• Prepare project correspondence and invoicing documents
2 Final Design Phase
Development of Design plans to include:
Volkert will develop PS&E plan sets to meet TxDOT and produce 11"x17" plan sets that can be reproduced in
22"x34" plan sets to meet City of Baytown criteria. We will display a double scale for clarification. Plans will
be submitted per City of Baytown's plan requirements.
• General Sheets
o Cover Sheet
o Index of Sheets
o Summary of Quantities Sheets
o General Notes
o Project Layout
• Illumination Plan Sheets
o Elevation Typical Section
o Street Lighting Layouts
o Demolition Plans
o Circuit Diagram and Electrical Services Sheets
o Detail Sheets
Volkert, Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert.com
o Standards
• Sidewalk Plan Sheets
0 5'Wide Sidewalk Layout sheets
Sidewalk Details
• Traffic Signal Plan Sheets (4 signals)
o Existing Condition Diagrams
o Proposed Signal Layouts
o Signs,Signal Electrical Shedule, Phasing Sheet
o Standard Detail Sheets
o Sign Cad Development(Effort not Sheet)
• Traffic Control
o Sequence of Construction
o TOOT Traffic Control Standard Sheets
o Advance Signing Layouts
• Signing and Pavement Markings
o Signing and Pavement Marking Layouts
Signing and Pavement Marking Standards
• SWPPP
SWPPP Layouts
SWPPP Standards
Development of Specifications and Estimate of Probable Cost
• Collect and review all necessary technical specifications along with upfront specifications to develop a
Project Manual to support the construction plans
• Calculate and summarize all plan quantities needed to provide an accurate estimate of probable cost for
contractors to be able to bid on upon completion of the engineering design.
Traffic Control
Utilized TxDOT's traffic control detail sheets for single lane closures to do the illumination and utilize TxDOT's
signal phasing TCP detail sheets for each of the signals. Volkert will develop a narrative for phasing the 2.5
miles but there should not be a need for project specific traffic control plans unless the Client requests them.
Stormwater Pollution Prevention Plan
• Review construction impacted areas and determined stormwater pollution prevention measures and
methodology to be illustrated on plans for the work being done along the disturbed area along the project
limits.
3 Survey
Volkert will perform a drone topographical survey of the entire project limits including 250' down signalized
intersection side streets and utilities will be picked up by MBCO Surveying and their proposal is attached for
reference and their fee is reflected in the Fee Summary section of this proposal. The 3D point cloud will be
developed into a 3D topographical survey tied to TOOT monumentation and merged with the utility survey
developed by picking up 811 field markings, red and blue lines from utility companies, inverts of manholes and
surface features to provide a complete survey to design from and develop a utility conflict matrix.
Volkert, Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert.com
4 Geotechnical Report and analysis
Raba Kistner will drill 3 50' borings in the area of the four signals to get soil samples and run the analysis to
determine foundation design parameters and their proposal is attached for reference and their fee is reflected in
the Fee Summary section of this proposal.
5 Bid Phase Services
• Prepare for and attend Pre-Bid Conference
• Answer Bidder Questions as needed
• Issue Addenda for clarifications and provide answers to all bidders
• Review Bids and make Award recommendations based on lowest bidder
6 Construction Phase Services
• Pre-Construction Meeting
• Review and approve Construction Submittals
• Review and approve Shop Drawings
• Attend Progress meetings
• Punchlist and Closeout Documents
• Prepare As-built plans to provide to the Client
7 Exceptions/Assumptions on Scope of Services
Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed
on an individual basis upon authorization of a supplemental scope and fee by the Client. Such services shall include,
but are not limited to,the following:
• Subsurface Utility Engineering(SUE) (QL-A, B,C or D)
SUE is not included in this proposal and the plans will be noted that the Contractor must verify all utilities
48 hours prior to drilling shaft foundations to verify any potential unknown conflicts in the field. If the
City requests that we verify during design any potential conflict using SUE techniques then Volkert will get
quotes and request funds prior to drilling test holes.
• Environmental investigations, permits or documentation
• Construction Management and Inspection
• Construction staking
• Assist the Client as an expert witness in litigation about the project or in hearings before approving and regulatory
agencies
• Redesign to reflect project scope changes requested by the Client required to address changed conditions or
change in direction previously approved by the Client mandated by changing governmental laws or necessitated
by the Client's acceptance of substitutions proposed by the contractor.
• Safety Analysis
8 Information Provided by Client
The Client shall provide the following information.
Volkert,Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert.com
• Access to the property.
• As-built plans or studies conducted in the project area.
MBCOWBEIDBE
SBEIHUB
CERTIFIED
ENOINEERINO
--. _ S BUR VEVINO SURVEY COST PROPOSAL
December 14, 2022
Brock Crenek, PE, ENV, SP
Asst. Vice President
Houston Area Manager
Volkert, Inc
RE: REVISIED Survey Cost Proposal for Approximately 2.5 miles of Design
Surveys for Hwy 146B in Baytown,Texas
Brock,
I am pleased to submit this proposal for Professional Land Surveying services regarding
the above-referenced project. Services and Fees detailed herein are based on the project
scope as discussed in our conversations and the project documents received in your
emails to me. The purpose of the survey is to
SCOPE: Volkert will provide Drone Lidar for the entire project. MBCO WILL
provide additional conventional Design Surveys of the 2.5-mile project that will generally
confirm to the standards and specifications of typical TxDOT projects, as follows:
• Locate sufficient boundary corners to establish the"apparent ROW"of Hwy
146B. No ROW mapping will be performed and only found property corners
combined with public GIS files will be utilized to depict apparent ROW lines.
No deed research will be done.
• Establish two (2)TxDOT required Primary Control points, one on each end of
the project.
• Establish nine (9) TxDOT required Secondary Control points at approximately
1,500 feet spacing.
• All visible above-ground utilities and appurtenances thereto,will be located by
Volkert Lidar and/or conventional surveys and depth and size of pipes will be
obtained for all gravity lines(storm and sanitary)
• Volkert Lidar will also capture the connections to S. Alexander Drive from East
Republic Ave. southward for approximately 650 feet. MBCO will contact 811 to
field designate all underground utilities within the scope of the project. Our
survey crews will collect the 811 data.
DELIVERABLES:
• MBCO will provide Microstation final Design survey mapping of our
conventional survey data compatible with Open Roads. MBCO will not provide
DTM or TIN files. Volkert staff will merge our data with the Lidar data and
provide final mapping to Client.
• Standard Ascii comma delimited files for all survey data points in the format of
Point number, x, y, z, and Descriptor.
1505 Highway 6 South,Suite 180•Houston, TX 77077•www.mbcoengineeling.com
TBPE/ITBPLS Firm Registration No.F-16850
• MBCO will prepare overall Control Map, as well as individual survey point data
sheets.
SCHEDULE: It is estimated that after our signed proposal and NTP is provided, final
deliverables can be completed within approximately 90 business days.
FEES: Our fee for the above referenced services will be a TOTAL of$123,845.00.
Invoicing will be based on LUMP SUM FEE with monthly invoicing based on a
percentage complete,until project is complete.
ASSUMPTIONS:
• No provision is made herein for inclement weather which could affect schedule
and cost.
• If needed, Volkert will provide any Right-of Entry for private property.
• This proposal is based on our best interpretation of the SCOPE provided for us.
Should there be any material change in scope, additional proposal and/or Work
Authorization will be required.
• ROW maps and or existing maps, surveys, or as-built drawings will be provided
by Volkert.
• Any additional services not specifically detailed herein, will require additional
Fees,proposals, or Work Authorizations.
Should this proposal meet with your approval,please sign, date, and return a copy for our
file. Thank you very much for your consideration. We are certainly looking forward to
you on this new project.
Marion R. Clark, RPLS date Brock Crenek, PE, ENV, SP date
Vice President Surveying Assistant VP, Houston Area Manager
MBCO Engineering and Surveying Volkert, Inc
EXHIBIT A
1505 Highway 6 South,Suite 180•Houston, TX 77077•www.mbcoengineering.com
TBPE Firm Registration No.F-168501 TBPLS Firm Registration No. 10194112
IMB WBE DBE
SBE HUB
CERTIFIED
..........
1505 Highway 6 South,Suite 180-Houston, TX 77077-www.mbcoongineering.com
TBPEIITBPLS Firm Registration No.F-16850
L R A B A
KISTNF
3602 Westchase
Houston,TX 77042
P 713.996.8990
F 713.996.8993
Proposal No. PHA22-144-00 Rev 1 TBPE Firm F-3257
December 1,2022
WWW.RKCI.COM
Mr. Brock Crenek, PE, ENV SP
Volkert, Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,TX 77086
Re: Proposal for Geotechnical Engineering Services
Business 146—Signal Pole Foundations
Baytown,Texas
Dear Mr.Crenek:
Raba Kistner, Inc. (RKI) is pleased to submit this proposal for Geotechnical Engineering Services to Volkert, Inc.
(CLIENT) for the above-referenced project. The broad objectives of our services will be to determine subsurface
conditions at the subject site and to provide foundation recommendations to proposed signal poles along Business
347 in Baytown,Texas.Described in this proposal are:
• our understanding of currently perceived project characteristics;
• our proposed scope for field and laboratory study;
• our proposed scope for engineering evaluation and reporting;
• our tentative project schedule;and
• our project lump sum fee.
Project Description
We understand that plans call for the design and construction of proposed signal poles.The proposed structures will
extend from State Highway (SH) 146 to SH 99, approximately 2.5 miles along Business 146 in Baytown, Texas. We
anticipate that deep foundations,such as piles or deep shafts,will support the proposed signal poles. However,we
are unaware of the foundation sizes,loads,and site grade at the time of this proposal.
Field Study
In general accordance with the Texas Department of Transportation (TxDOT) requirements for geotechnical
investigations, we propose to drill 3 borings to a depth of 50 ft each (total of 150 lineal ft) below existing grade.
We will use a truck-mounted drilling rig to assess subsurface conditions at the subject site.
The borings will be located in the field utilizing a global positioning system(GPS)device and marked for surveying by
others. Our scope of services does not include surveying of the boring locations. However, RKI recommends that
the final boring locations be surveyed in the field by the CLIENT or their representative.
RKI will also perform the necessary State One-Call notifications prior to the field work. If any of the proposed
boring locations are found to be unacceptable (i.e. utility conflicts, accessibility, etc.), RKI and the CLIENT shall
P CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE
2
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
mutually determine an acceptable location for the borings. RKI will not be responsible for damaging underground
utilities that were not clearly marked by others.
The boring locations will require traffic control to safely route traffic around the drilling rig during the field work
activities. Prior to drilling, a traffic control plan will be submitted to TxDOT and/or CLIENT and the necessary
permits will be obtained. RKI will provide a certified traffic subcontractor to perform traffic control duties for the
geotechnical field operations.
Some boring locations will be accessed by coring through sections of the existing roadway pavement. We will
patch the cored holes with cold-patch asphalt or ready-mix concrete,similar material with the existing pavement
sections.
The field work will be conducted using Texas Cone Penetration (TCP) techniques in general accordance with the
Texas Department of Transportation (TxDOT)Geotechnical Manual,dated July 2020. In order to collect samples for
laboratory testing purposes, conventional split-spoon and/or Shelby tube sampling techniques will be employed
within granular and cohesive soils, respectively. Representative portions of the samples will be sealed, identified,
packaged,and transported to our laboratory for subsequent testing and classification.
Short-term water level readings will be recorded for the open boreholes during drilling and at drilling completion. If
free water is encountered during drilling, our logger will temporarily suspend drilling operations and obtain water
level measurements in the open borehole at 5 minute intervals over a 15-minute time interval. Water level
measurements will also be recorded at completion of drilling prior to backfilling the boreholes with bentonite grout.
Environmental assessments, compliance with state and federal regulatory requirements, and/or environmental
analyses including those associated with mold,fungi,and other biologic agents are beyond the scope of this study.
Laboratory Study
Upon completion of the subsurface exploration, a testing program will be designed to define the strength and
classification characteristics of the foundation soils. We will perform the following soil mechanics laboratory tests
(include but not limited to)to measure physical and engineering properties of selected representative soil samples.
• Moisture Content;
• Atterberg Limits;
• Amount of Material in Soils Finer than No.200;
• Unconfined Compression Triaxial Compression;and
• Unconsolidated-Undrained (UU)Triaxial Compression.
The type and number of laboratory tests will be based on the subsurface conditions encountered during field
exploration. The laboratory testing will be performed in general accordance with applicable TxDOT or ASTM
standards.
We will retain the soil samples for 30 days after completion of laboratory testing,unless requested otherwise.
Eneineerina Analysis and Reports
The field and laboratory phases of the study will be reviewed by our staff engineers. The results of our review,
together with the supporting field and laboratory data,will be presented in written engineering reports. Included
therein will be recommendations concerning the design and construction of the foundation systems for the
RABAkI
3
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
proposed signal poles. The Geotechnical Engineering Report may include the following information and
recommendations, if applicable:
• Discussion of the field exploration and laboratory testing programs;
• Discussion of the encountered subsurface and groundwater conditions;
• Boring location map and subsurface profile;
• Drilling logs presented in TxDOT format using the Wincore software program;
• Allowable foundation capacity curves, soil strength analysis tables, and skin friction curves from
the Wincore software program for deep foundations (piles and/or drilled shafts) per TxDOT
standard;
• Design soil parameters to generate lateral load analysis (p-y)curves using LPILE by others for the
bridge foundations(drilled piers);
• Estimated settlements for the deep foundations due to axial loads; and
• Site drainage and construction considerations;
Our scope of work does not include a geologic fault study nor does it include conducting test pits at the site. Since
site grading plans can result in changes in the subgrade conditions, final site grading plans will be helpful
information in the preparation of geotechnical engineering recommendations.
A draft report and final report will be reproduced electronically.
Tentative Project Schedule
Based on our present workload and weather permitting,our tentative project schedule is shown in the table below:
Estimated Project Schedule
Start of Site Visit 2 Weeks after Authorized Notice-to-Proceed(NTP)
Completion of Geotechnical field Exploration 3 Weeks after Authorized NTP
Completion of Laboratory Testing Services 6 Weeks after Authorized NTP
Completion of Draft Report 7 Weeks after Authorized NTP
Completion of Final Report 8 Weeks after Authorized NTP
RABAKI5TNER
4
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
PROJECT FEE
The total lump sum cost for the study outlined herein is $36,000. Should unusual subsurface conditions be
encountered in the field indicating the desirability of significantly broadening the scope of the study,we will contact
you to receive written authorization before proceeding with any additional work. Additional services will be billed
on a unit basis in accordance with our standard fees as indicated on the attached Schedule of Fees for Professional
Services.
It is our understanding that access to all boring locations for a conventional, truck-mounted drilling rig will be
provided by the CLIENT prior to our field exploration services.
Historically, the cost of our field services is about 45 percent of our total fee. These services are predominantly
provided by subcontractors. In order to promptly pay our subcontractors and continue to be able to respond to your
needs, we will send you an interim invoice for 45 percent as soon as the field exploration phase of our study is
complete.
It should be noted that our study scope (and project cost)do not include plan review or earthwork and foundation
excavation observations during the construction of the project.However,plan review and construction observation
costs should be included in the project budget.
It should also be noted that our study scope(and project cost)do not include professional time or travel expenses
for participation in design team meetings. If these services are required,they will be billed at our standard billing
rates for professional time plus expenses.
Acceptance
We appreciate the opportunity of submitting this proposal and look forward to working with you in the development
of this project,which will be carried out accordance with this letter and the following attachments:
Attachment Description
I Standard Terms and Conditions
II Schedule of Fees
Please return one signed original of this contract to provide written authorization for our firm to commence work
on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Dallas
County,Texas 75397-1037.
RABAKI5TNER
5
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
RKI considers the data and information contained in this proposal to be proprietary. This statement of qualifications
and any information contained herein shall not be disclosed and shall not be duplicated or used in whole or in part
for any purpose other than to evaluate this proposal.
Very truly yours,
RABA KISTNER, INC. Accepted By
(Signature)
04a4
Muhannad Hussein, P.E. (Typed or Printed Name)
Project Manager
(Title)
Date:
Julia P. Clarke, P.E.
Senior Geotechnical Manager
M H/J PC
Attachments I and II
RABAKI5TNER
Proposal No. PHA22-144-00 Rev 1 Attachment II
December 1,2022
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
PERSONNEL: Principal............................................................................$135 to $250/hour
Professional.......................................................................$70 to $200/hour
Auto Cad Operator.................................................$65 to $110/hour
Technical/ClericaVAdministrative......................................$40 to $80/hour
The specific hourly rate within each classification listed above depends on the experience,
special training, and qualifications of the personnel needed for the project. For projects
requiring work at any hazardous waste site, there will be a $10 per hour surcharge added
to the normal billing rate for all personnel. Consultants to Raba Kistner (RK) will be
charged according to their professional classification.
EXPENSES: Use of company automobiles will be charged at $1.00 per mile. Automobiles and light
trucks assigned to field sites will be charged at $70.00 per day, plus $1.00 per mile over
50 miles per day. Copies will be charged at$0.25 per page.
Other project specific charges for use of RK equipment or for RK testing will be in
accordance with established fee schedules. All other project specific, third-party costs will
be charged at cost plus 15 percent.
Invoices will be submitted monthly for work in progress in our standard format. They are
due and payable upon receipt and become past due 30 days after the billing date. Past
due invoices may be subject to late charges at the rate of 1-1/2 percent per month
(18 percent per annum). In the event that the State of Texas legislates a sales tax on
Professional Services, the amount of the tax will be PAYMENT added to the appropriate
service rate charged. Our invoices are due and payable upon receipt at P.O. Box 971037,
Dallas, Texas 75397-1037.
Preparation of non-standard invoice will be charged on a time and materials basis in
accordance with the rates in this fee schedule.
CONDITIONS: Services will be performed in accordance with our Standard Terms and Conditions.
The proposal to which this schedule is an attachment is valid for 90 days from the date of
the proposal.
Page 1 of 1
ADM 101 02/08/2012
Volkert, Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert.com
EXHIBIT B - LEVEL OF EFFORT/SCHEDULE OF FEES
Scope Description Fees
Volkert, Inc. MBCO Raba Kistner
Design Phase Services(Lump Sum) $314,608.50 $123,845.00 $36,000.00
Bid Phase Services(Hourly Not to $9,128.00
Exceed)
Construction Phase Services $25,856.00
(Hourly Not to Exceed)
Sub Totals 349,592.50 $123,845.00 $36,000.00
Total Fee $509,437.50
The above fees are based on a Lump Sum contract except for the Bid and Construction Phase Services that will be on an
hourly not to exceed basis unless otherwise directed by the Client.
LEVEL OF EFFORT/SCHEDULE OF FEES
EXHIBIT B
Project Name Illumination,Sidewalk and Signal Designs along Bus.146
Prime Consultant Volkert
Project No. 0
Date: 2023-01-18
SUMMARY BASIC SERVICES-PRIME&SUBCONSULTANTS
TOTAL
TASK DESCRIPTION CONSULTANT LABOR HRS.
&COSTS
PROJECT MANAGEMENT
PRIME lVolkert $ 22,223 00
SUBTOTAL PROJECT MANAGEMENT $ 22 223.00
1.P PLANNING PHASE
PRIME lVolkert $
2.P STUDY PHASE
PRIME Volkert $
SURVEY Volkert $ 57,714 00
GEOTECHNICAL Raba Kistner $ 36,000 00
ENVIRONMENTAL ENV $
TRAFFIC TRF $
DRAINAGE DRG $
BRIDGE STRUCTURAL BRG $
OTHER JMBCO $ 123,845 00
SUBTOTAL 2.P STUDY PHASE $ 217 559.00
3.P DESIGN PHASE
PRIME Volkert $ 234,671.50
SURVEY Volkert $
GEOTECHNICAL Raba Kistner $
ENVIRONMENTAL ENV $
TRAFFIC TRF $
DRAINAGE DRG $
BRIDGE STRUCTURAL BRG $
OTHER JMBCO $
SUBTOTAL 3.12 DESIGN PHASE $ 234 671.50
4.P BID PHASE SERVICES
PRIME $ 9.12800
SUBTOTAL 4.12 BID PHASE SERVICES $ 9,128.00
5.112 CONSTRUCTION PHASE SERVICES
PRIME $ 25,856 00
SUBTOTAL 5.P CONSTRUCTION PHASE SERVICES $ 25,856.00
TOTAL BASIC SERVICES $ 509,437.50
SUMMARY OTHER DIRECT EXPENSES-PRIME&SUBCONSULTANTS
TOTAL
TASK DESCRIPTION CONSULTANT LABOR HRS.
&COSTS
PRIME Volkert $
SURVEY Volkert $
GEOTECHNICAL Raba Kistner $
ENVIRONMENTAL ENV $
TRAFFIC TRF $
DRAINAGE DRG $
BRIDGE STRUCTURAL BRG $
OTHER MBCO $
TOTAL OTHER DIRECT EXPENSES $
PROJECT SUMMARY
TOTAL BASIC SERVICES $ 509,437.50
TOTAL OTHER DIRECT EXPENSES $
TOTAL $ 509 437.50
Page 1 of 6 LOE
ol
12
levc�avwarne.cwle u refa
enrwrs
r..•ws�e� "�w+o"'r ry;,,� o...w•.. «.n n.•.. w.•.r�.n a..,`wr�. r...`.�-.'+.u., w.•.`�'�. `o..w.+.r.fir.... . su
Ir•.•�rw.r.
rua � 1.4•r•••q• �� � �'...yqw.. oRw••ln•y riyw�ille l� �rwr r qw�•r wra
� • 1 q 1 r.1
ru•oprarq• w'Y'o"y' w•.a...r �� a+'MM M��•r.uw ur•.wre r..�wa.� mow.'• r���•r ww
i M
",IOU
TOTMIS
,,..;
EXHIBIT C-PROJECT SCHEDULE
SH-I,Bm iWon•puopa Sbrl 014n2023
b W
i Iri nos M.—-.— �OiYT.L11�W Ar
CG.r n�:.Nd1 qry'O3anzm'iiirtma �wabopi
uF� ioh eswaa ovryvn uvr s.-w
icir nawAv
Y`lRiR� `Rr�!1sS�lS.7f9' vi.e
o ow io>,rw .vr isirmn z:::i�i+ o-v r.w..
t ary nuu.uvn x.w.�.aa,o.
,mr i..,.raa R>
•f'N.'ROw"'/l}''fiR:pf12
ory a.w.ntre�
lop,oue.mn nu
0 o.po.lw iouu n,e..an, ognnt�.
ary fnrin.s•ese.n
� o ,op li-a.Ri.Wins
I oowp lor,r`.. ,fir.x>wAi. lisr o.wmloxlwry
A W ,00'.Nw.lbnern
,ory,s.eoly]fsr
+w.fua ory o..r'av +M�r mu
,our o..u.rn. I..,.
i...srsm..a our ri��.uwysmva a.v�i+waso.<
�ro,r,e.�nYRn. rf «u�m.
laans>a o.r,m��
very Ifir�Pi.,sayFD
P_k i p L-1 of Ertaf ♦ ♦MMCom
AClvlLml of Efod ^1 S—i
Miuil V.t*
Otulfbmi"W k
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Volkert, Inc. (hereinafter
"Consultant")and the City of Baytown, a home-rule municipality located in Harris and Chambers
Counties, Texas(the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform Services related to the Design and Bid of
Illumination Plans, Sidewalk Plans, and Signal Plans for four signals along Business 146 (North
Alexander Street) from SH 146 to SH99 in Baytown,Texas for the North Alexander Traffic Signal
Relocation Program including Street Lighting (the "Work") for and on behalf of the City. The
scope of the Work is detailed in Exhibit "A." The compensation and professional fees for
Consultant and its subconsultants is more particularly described in Exhibit"B"and shall not exceed
FIVE HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY-SEVEN AND 50 100
DOLLARS ($509,437.50). The time schedules for the Work are specified in Exhibit "C." Each of
these Exhibits"A"through"C"are incorporated into this Agreement by reference for all purposes.
2. Compensation and Professional Fees
a The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
1. Design Phase Services (Lump Sum)............................................$474,453.50
2. Bid Phase Services (Hourly Not to Exceed)................................$ 9,128.00
3. Construction Phase Services(Hourly Not to Exceed).................$ 25,856.00
4. Additional Services (Lump Sum)................................................$ 0.00
(These services require independent and specific advance,written authorization)
5. Reimbursable Expenses (Not to Exceed).....................................$ 0.00
6. Total............................................................................................$509,437.50
b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and
"Reimbursable," Consultant shall not exceed the fixed contractual amount without
written authorization in the form of a Contract amendment.
C. Reimbursable Expenses, as shown in Exhibit "B," are itemized by work category.
Reimbursable Expenses shall be invoiced AT COST, without subsequent markup
by Consultant. All invoices containing a request for Reimbursable Expenses shall
include copies of the original expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs;
(b) Postage;
Agreement for Professional Services,Page 1
(c) Mileage, for travel from Consultant's local office (within a 25-mile
radius) to meetings at the City or jobsite. Mileage shall be charged
at the current IRS rates;
(d) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles;and
(e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight-hour day at the destination; provided
such expenses has been approved in writing by the City.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside the
Greater Houston Area.
d Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
a In the event of a disputed or contested invoice,the City may withhold from payment
that portion so disputed or contested,and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Mohammad Rajani, to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty (30) days advance written approval from the City's Representative.
b. Licensed and Registered Architects/Engineers
Consultant shall keep full-time registered architects and/or engineers licensed in
the State of Texas on staff and assigned to the Work for the duration of its
performance of the Work.
C. Data on Consultant's Employees
Prior to commencement of the Work,Consultant shall forward to the City a detailed
resume of the personnel that will be assigned to the Work. Such personnel shall
include,but not be limited to, architects and/or engineers as applicable.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
Ap,reement for Professional Services.,Page 2
4. Designation and Duties of the City's Representative
a. The City's Director of Public Works and Engineering or his designee shall act as the
City's Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Consultant's usage on the Work and to provide access to City's property
and easements. However, the City does not guarantee the accuracy or correctness
of the documents so provided.Notwithstanding the foregoing, Professional shall be
entitled to use and rely upon information provided by the City in performing the
services required under this Agreement only to the extent and level specified by the
City in writing for each document provided. Nothing contained herein shall be
construed to require the City to provide such records in any certain format. The
format in which the existing data and documentation will be provided shall be at the
sole discretion of the City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances, time and locality. Opinion of probable cost shall be based
upon the Consultant's experience and represent its best judgment as an experienced
and qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom,and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes,standards,environmental regulations and/or material
specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials specified on any City project shall be in accordance with City,
ASTM, ACI, and AASHTO specifications, and with other recognized
standards. Proprietary material or other materials for which no generally
recognized standards exist may be used provided there has been at least five
(5) years of proven experience in the field, and such satisfactory
Ayreement for Professional Services,Page 3
documentation has been approved by the City's Representative.
(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state,or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations,
including the Texas Accessibility Standards.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or Consultant if
superior methods are available for successful operation of equipment and/or
for the construction project on which the Work is performed.Any alternative
codes or regulations used shall have requirements that are equivalent or
better than those in the above-listed codes and regulations. Consultant shall
state the alternative codes and regulations used.
(6) Consultant agrees the services it provides as an experienced and qualified
architect/engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports,preparation of drawings, the designation or
selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
() Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement.As applicable,Consultant shall provide the City with record
"as-built" drawings relating to the Work in an electronic format that is
acceptable to the City. City shall be in receipt of record drawings, if
applicable,prior to final payment.
(8) Consultant has no control over the cost of labor, materials, equipment or
services furnished by others,other than its subconsultants. Data projections
and estimates are based upon Consultant's opinion based on experience and
judgment. Consultant cannot and does not guarantee that actual costs and/or
quantities realized will vary from the data projections and estimates prepared
by Consultant.
(9) Consultant shall submit all final construction documents in both hard copy
and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible.The software versions used
shall be compatible to current City standards. Other support documents, for
example, structural calculations, drainage reports and geotechnical reports,
shall be submitted in hard copy only. All Record Drawings electronic files
shall be submitted to the City in PDF/'TIF format.
Agreement for Professional Services,Page 4
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative. Consultant's obligation to render services specified in
Exhibit "B" will be for the entire period necessary for the final completion of the construction of
the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right
to seek and shall not be entitled to any additional compensation.
7. Instruments of Service
Upon execution of this Agreement, Consultant grants to the City an ownership interest in the
Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's
consultants consistent with this Agreement. As noted in Articles 5 and 11, Consultant shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration,and/or repairs of the Project.As a condition to the City's use of the Instruments of Service,
the City hereby expressly agrees to remove Consultant's name and all references to Consultant and
its consultants from the Documents. Provided that this Agreement is not terminated for cause by
the City, the City shall release any and all claims which the City could make arising out of or in
connection with any reuse of the documents by the City.
8. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by
the City, its officials, employees or agents shall be considered in excess of
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants,agents and assigns as additional insureds under its policy
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
M General Aggregate: $2,000,000
0 Products &Completed Operations Aggregate: $2,000,000
M Personal&Advertising Injury: $1,000,000
M Per Occurrence: $1,000,000
M Fire Damage$500,000
0 Waiver of Subrogation required
M Coverage shall be broad form
0 No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
Agreement for Professional Services,Page 5
acceptance.
2. Business Automobile Policy
0 Combined Single Limits: $1,000,000
0 Coverage for "Any Auto"
N Waiver of Subrogation required.
3. Errors and Omissions
0 Limit: $1,000,000 for this project
M For all architects, engineers, and/or design companies
0 Claims-made form is acceptable
M Coverage will be in force for one(1) year after completion of the
Project.
M Waiver of Subrogation required.
4. Workers' Compensation
M Statutory Limits
M Employer's Liability$500,000
M Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating
of A(-): VII or better.
2. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided,canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
Agreement for Professional Services,Page 6
of this Agreement.
9. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO
LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR
PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER
THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT
FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION
OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL
SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS
AGREEMENT.
Agreement for Professional Services,Page 7
By this Agreement,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 Contract or any other contract or agreement,any charter,or applicable state law.
Nothing herein shall be construed so as to limit or waive the City's sovereign
immunity. Consultant assumes full responsibility for its services performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof,for any injury to or death of any
person (whether they be either of the parties hereto, their employees, or other third
parties)and any loss of or damage to property(whether the property be that of either
of the parties hereto, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with Consultant's services to
be performed hereunder. This release shall apply with respect to Consultant's
services regardless of whether said claims,demands, and causes of action are covered
in whole or in part by insurance.
10. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the City Manager to Consultant of the City's
election to do so. Furthermore, the City may immediately and without notice terminate this
Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but
not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state,or federal government from Consultant
or its principals, including, but not limited to, any taxes, fees, assessments, liens, or
any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant;
(d) the dissolution of Consultant;
(e) refusing or failing to prosecute the Work or any separable part with the diligence that
will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination,Consultant shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
A pareement for Professional Services,Page 8
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any other
rights and remedies provided by law or under this Agreement.
12. Records
Within ten(10)days of the City's request and at no cost to the City,the City will be entitled to review
and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
13. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work or
services performed and the date(s) of such work or services. In the event of a disputed or contested
invoice, the parties understand and agree that the City may withhold the portion so contested, but
the undisputed portion will be paid. Consultant shall invoice the City for work performed no more
than once a month and may not invoice the City for work not performed. Invoices shall be received
by the City no later than sixty(60) calendar days from the date Consultant and/or its subconsultants
perform the services or incur the expense. Failure by Consultant to comply with this requirement
shall result in Consultant's invoice being denied and the City being relieved from any liability for
payment of the late invoice.
15. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in
section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the
City's Director of Finance in writing.If the City's Director of Finance becomes aware that Consultant
has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If
Consultant does not pay the debt within thirty(30)days of either such notification,the City's Director
of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant
under this Agreement, and Consultant waives any recourse therefor.
16. Texas Government Code Verifications
The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the
Texas Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term of the
contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy companies
during the term of the contract to be entered into with the City of Baytown; and
c. the Consultant does not have a practice,policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association and will not discriminate during the
term of the contract against a firearm entity or firearm trade association.
Agreement for Professional Services,Page 9
17. Reputation in the Community
Consultant shall retain a high reputation in the community for providing professional
architectural/engineering services. Consultant shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for$50,000 or more for errors or omissions
in providing architectural/engineering services and/or (b) seeks to deny Consultant the right to
practice architecture/engineering or to perform any other services in the state of Texas.
18. Payroll and Basic Records
a. Consultant shall maintain payrolls and basic payroll records during the course of the
work performed under this Agreement and shall preserve them for a period of three(3)
years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address of
each such employee, social security number, correct classification, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made and actual
wages paid.
b. Consultant shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection, copying
or transcription or its authorized representatives within fifteen(15)days of the City's
request therefor. Consultant shall permit such representatives to interview
Consultant's employees during working hours on the job.
19. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas. The
parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
20. Notices
Unless otherwise provided in this Agreement,any notice provided for or permitted to be given must
be in writing and delivered in person or by depositing same in the United States mail, postpaid and
registered or certified, and addressed to the party to be notified, with return receipt requested, or by
delivering the same to an officer of such party.Notice deposited in the mail as described above shall
be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after
the expiration of three(3) days after it is so deposited.
For the purpose of notice,the addresses of the parties shall be as follows unless properly changed as
provided for herein below:
For the City: CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant: Volkert, Inc.
5775 N. Sam Houston Parkway W.
Suite 140
Houston, TX 77086
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address,provided that at least fifteen (15) days written
Agreement for Professional Services,Page 10
notice is given of such new address to the other party.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only.No person or entity not a signatory to this Agreement shall be entitled
to rely on Professional's performance of its services hereunder,and no right to assert a claim against
Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result
of this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements,either whether written or oral,on the subject matter hereof. This Agreement may only
be amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
Agreement for Professional Services,Page 11
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemedjo bean original, ut all of which shall constitute but one and the
same Agreement on the _day of , 20 : , the date of execution
by the City Manager of the City of Baytown.
CITY OF BAYTOWN
- C2. j
J ON E. RE OLDS, City Manager
ATTEST:
gpYTQW,y
eF
• e
ANGELA J KSON, C erk
9°
°
0e0000e °
Ile,
VED AS 0 RM:
7
SCOTT LEMO , City Attorney
Agreement for Professional Services,Page 12
CONSULTANT:
Volkert. Inc.
(Company Name)
(Signature)
Brian Huntsinger
(Printed Name)
Vice President
(Title)
STATE OF TEXAS §
COUNTY OF TRAVIS §
Before me on this day personally appeared Brian Huntsinger in his/her capacity
as Vice President of Volkert, Inc. on behalf of such,
FRI known to me;
0 proved to me on the oath of or;
Q proved to me through his/her current
(description of identification card or other document issued by the federal
govemment 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/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thisq4 rt4day of
Notary Public in atU for the State of Texas
:; Ml0iAELJ GtAROS
My Notary ID#132048434
Expkw June 12,2023
Agreement for Professional Services,Page 13
Volkert, Inc.
5775 N.Sam Houston Parkway W., Suite 140
Houston, Texas 77086 VOLKERT
832-607-2047
www.volkeft.com
EXHIBIT A - SCOPE OF WORK
The level of effort negotiated will include tasks necessary to provide PS&E services for the above scope narrative for City
of Baytown Public Works and Engineering and Permitting to bid this project upon completion of the PS&E.
DESIGN PHASE SERVICES (LUMP -SUM)
1 Project Management and Administration
Progress and Review Meetings
• Schedule, prepare for, attend, and document the Progress Meeting with the client. This includes a pre-
design meeting to discuss aesthetics and logistics of the design of the signals and illumination.
• Review Meeting will be conducted prior to plan submittal.
• Prepare and e-mail monthly progress reports to the Client.
QA QC
• Volkert will perform an internal review prior to all submittals (30%, 60%, 90%) in accordance with quality
assurance standards established for this project. QA/QC comments will be collected from each internal
reviewer, documented, and comments addressed prior to each plan submittal to the Client.
• Client review comments will be documented and addressed after each review meeting.Volkert will create
a "Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the
comment that will be furnished to the Client with each review.
Project Administration
• Prepare project correspondence and invoicing documents
2 Final Design Phase
Development of Design plans to include:
Volkert will develop PS&E plan sets to meet TxDQT and produce 11"x17" plan sets that can be reproduced in
22"x34" plan sets to meet City of Baytown criteria. We will display a double scale for clarification. Plans will
be submitted per City of Baytown's plan requirements.
• General Sheets
a Cover Sheet
o Index of Sheets
o Summary of Quantities Sheets
o General Notes
o Project Layout
• Illumination Plan Sheets
o Elevation Typical Section
o Street Lighting Layouts
o Demolition Plans
o Circuit Diagram and Electrical Services Sheets
o Detail Sheets
Volkert,Inc.
5775 N. Sam Houston Parkway W., Suite 140
Houston, Texas 77086 `TOLKERT
832-607-2047
www.voll<ert.com
o Standards
• Sidewalk Plan Sheets
o 5' Wide Sidewalk Layout sheets
o Sidewalk Details
• Traffic Signal Plan Sheets (4 signals)
o Existing Condition Diagrams
o Proposed Signal Layouts
o Signs,Signal Electrical Shedule, Phasing Sheet
o Standard Detail Sheets
o Sign Cad Development(Effort not Sheet)
• Traffic Control
o Sequence of Construction
o TOOT Traffic Control Standard Sheets
o Advance Signing Layouts
• Signing and Pavement Markings
o Signing and Pavement Marking Layouts
o Signing and Pavement Marking Standards
• SWPPP
o SWPPP Layouts
o SWPPP Standards
Development of Specifications and Estimate of Probable Cost
• Collect and review all necessary technical specifications along with upfront specifications to develop a
Project Manual to support the construction plans
• Calculate and summarize all plan quantities needed to provide an accurate estimate of probable cost for
contractors to be able to bid on upon completion of the engineering design.
Traffic Control
Utilized TXDOT's traffic control detail sheets for single lane closures to do the illumination and utilize TxDOT's
signal phasing TCP detail sheets for each of the signals. Volkert will develop a narrative for phasing the 2.5
miles but there should not be a need for project specific traffic control plans unless the Client requests them.
Stormwater Pollution Prevention Plan
• Review construction impacted areas and determined stormwater pollution prevention measures and
methodology to be illustrated on plans for the work being done along the disturbed area along the project
limits.
3 Survey
Volkert will perform a drone topographical survey of the entire project limits including 250' down signalized
intersection side streets and utilities will be picked up by MBCO Surveying and their proposal is attached for
reference and their fee is reflected in the Fee Summary section of this proposal. The 3D point cloud will be
developed into a 3D topographical survey tied to TOOT monumentation and merged with the utility survey
developed by picking up 811 field markings, red and blue lines from utility companies, inverts of manholes and
surface features to provide a complete survey to design from and develop a utility conflict matrix.
Volkert, Inc.
5775 N. Sam Houston Parkway W., Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www.volkert_com
4 Geotechnical Report and analysis
Raba Kistner will drill 3 50' borings in the area of the four signals to get soil samples and run the analysis to
determine foundation design parameters and their proposal is attached for reference and their fee is reflected in
the Fee Summary section of this proposal.
5 Bid Phase Services
• Prepare for and attend Pre-Bid Conference
• Answer Bidder Questions as needed
• Issue Addenda for clarifications and provide answers to all bidders
• Review Bids and make Award recommendations based on lowest bidder
6 Construction Phase Services
• Pre-Construction Meeting
• Review and approve Construction Submittals
• Review and approve Shop Drawings
• Attend Progress meetings
• Punchlist and Closeout Documents
• Prepare As-built plans to provide to the Client
7 Exceptions/Assumptions on Scope of Services
Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed
on an individual basis upon authorization of a supplemental scope and fee by the Client. Such services shall include,
but are not limited to,the following:
• Subsurface Utility Engineering(SUE) (QL-A, B, C or D)
o SUE is not included in this proposal and the plans will be noted that the Contractor must verify all utilities
48 hours prior to drilling shaft foundations to verify any potential unknown conflicts in the field. If the
City requests that we verify during design any potential conflict using SUE techniques then Volkert will get
quotes and request funds prior to drilling test holes.
• Environmental investigations, permits or documentation
• Construction Management and Inspection
• Construction staking
• Assistthe Client as an expert witness in litigation about the project or in hearings before approving and regulatory
agencies
• Redesign to reflect project scope changes requested by the Client required to address changed conditions or
change in direction previously approved by the Client mandated by changing governmental laws or necessitated
by the Client's acceptance of substitutions proposed by the contractor.
• Safety Analysis
8 Information Provided by Client
The Client shall provide the following information.
Volkert,Inc.
5775 N. Sam Houston Parkway W., Suite 140
Houston,Texas 77086 VOLKERT
832-607-2047
www,volkert.com
• Access to the property.
• As-built plans or studies conducted in the project area.
MBVO WBEI DBE
SBEI HUB
CERTIFIED
E ..n.EEPI�.NG
s a"R�E "G SURVEY COST PROPOSAL
December 14, 2022
Brock Crenck, PE, ENV, SP
Asst. Vice President
Houston Area Manager
Volkert, Inc
RE: REVISIED Survey Cost Proposal for Approximately 2.5 miles of Design
Surveys for Hwy 146B in Baytown, Texas
Brock,
I am pleased to submit this proposal for Professional Land Surveying services regarding
the above-referenced project. Services and Fees detailed herein are based on the project
scope as discussed in our conversations and the project documents received in your
emails to me. The purpose of the survey is to
SCOPE: Volkert will provide Drone Lidar for the entire project. MBCO WILL
provide additional conventional Design Surveys of the 2.5-mile project that will generally
confirm to the standards and specifications of typical TxDOT projects, as follows:
• Locate sufficient boundary corners to establish the "apparent ROW"of Hwy
146B. No ROW mapping will be performed and only found property corners
combined with public GIS files will be utilized to depict apparent ROW lines.
No deed research will be done.
• Establish two (2) TxDOT required Primary Control points, one on each end of
the project.
• Establish nine (9) TxDOT required Secondary Control points at approximately
1,500 feet spacing.
• All visible above-ground utilities and appurtenances thereto, will be located by
Volkert Lidar and/or conventional surveys and depth and size of pipes will be
obtained for all gravity lines (storm and sanitary)
• Volkert Lidar will also capture the connections to S. Alexander Drive from East
Republic Ave. southward for approximately 650 feet. MBCO will contact 811 to
field designate all underground utilities within the scope of the project. Our
survey crews will collect the 811 data.
DELIVERABLES:
• MBCO will provide Microstation final Design survey mapping of our
conventional survey data compatible with Open Roads. MBCO will not provide
DTM or TIN files. Volkert staff will merge our data with the Lidar data and
provide final mapping to Client.
• Standard Ascii comma delimited files for all survey data points in the format of
Point number, x, y, z, and Descriptor.
1505 Highway 6 South, Suite 180•Houston, TX 77077•www.mbcoengineenng.com
TBPE/ITBPLS Firm Registration No.F-16850
• MBCO will prepare overall Control Map, as well as individual survey point data
sheets.
SCHEDULE: It is estimated that after our signed proposal and NTP is provided, final
deliverables can be completed within approximately 90 business days.
FEES: Our fee for the above referenced services will be a TOTAL of$123,845.00.
Invoicing will be based on LUMP SUM FEE with monthly invoicing based on a
percentage complete, until project is complete.
ASSUMPTIONS:
• No provision is made herein for inclement weather which could affect schedule
and cost.
• If needed, Volkert will provide any Right-of Entry for private property.
• This proposal is based on our best interpretation of the SCOPE provided for us.
Should there be any material change in scope, additional proposal and/or Work
Authorization will be required.
• ROW maps and or existing maps, surveys, or as-built drawings will be provided
by Volkert.
• Any additional services not specifically detailed herein, will require additional
Fees, proposals, or Work Authorizations.
Should this proposal meet with your approval, please sign, date, and return a copy for our
file. Thank you very much for your consideration. We are certainly looking forward to
you on this new project.
Marion R. Clark, RPLS date Brock Crenek, PE, ENV, SP date
Vice President Surveying Assistant VP, Houston Area Manager
MBCO Engineering and Surveying Volkert, Inc
EXHIBIT A
1505 Highway 6 South,Suite 180•Houston, TX 77077•www.mbcoengineering.com
TBPE Firm Registration No.F-16850 ITBPLS Firm Registration No. 10194112
• l� WBE .:
SBE HUB
CERTIFIED
ENGINEERING
RVEYING
1 u \ —..]t_e t �L-•yY �— gyp\
1ry"ga'*-
1 � S
1505 Highway 6 South, Suite 180 I
16850
LR A B A
KISTNER
3602 Westchase
Houston,Tx 77042
P 713.996.8990
F 713.996.8993
Proposal No. PHA22-144-00 Rev 1 TSPE Firm F-3257
December 1,2022
W W W.RKCI.COM
Mr. Brock Crenek, PE, ENV SP
Volkert, Inc.
5775 N.Sam Houston Parkway W.,Suite 140
Houston,TX 77086
Re: Proposal for Geotechnical Engineering Services
Business 146—Signal Pole Foundations
Baytown,Texas
Dear Mr.Crenek:
Raba Kistner, Inc. (RKI) is pleased to submit this proposal for Geotechnical Engineering Services to Volkert, Inc.
(CLIENT) for the above-referenced project. The broad objectives of our services will be to determine subsurface
conditions at the subject site and to provide foundation recommendations to proposed signal pales along Business
347 in Baytown,Texas. Described in this proposal are:
• our understanding of currently perceived project characteristics;
• our proposed scope for field and laboratory study;
• our proposed scope for engineering evaluation and reporting;
• our tentative project schedule; and
• our project lump sum fee.
Proiect Description
We understand that plans call for the design and construction of proposed signal poles.The proposed structures will
extend from State Highway (SH) 146 to SH 99, approximately 2.5 miles along Business 146 in Baytown,Texas. We
anticipate that deep foundations,such as piles or deep shafts,will support the proposed signal poles. However,we
are unaware of the foundation sizes, loads,and site grade at the time of this proposal.
Field Study
In general accordance with the Texas Department of Transportation (TxDOT) requirements for geotechnical
investigations, we propose to drill 3 borings to a depth of 50 ft each (total of 150 lineal ft) below existing grade.
We will use a truck-mounted drilling rig to assess subsurface conditions at the subject site.
The borings will be located in the field utilizing a global positioning system (GPS)device and marked for surveying by
others. Our scope of services does not include surveying of the boring locations. However, RKI recommends that
the final boring locations be surveyed in the field by the CLIENT or their representative.
RKI will also perform the necessary State One-Call notifications prior to the field work. If any of the proposed
boring locations are found to be unacceptable (i.e. utility conflicts, accessibility, etc.), RKI and the CLIENT shall
CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE
2
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
mutually determine an acceptable location for the borings. RKI will not be responsible for damaging underground
utilities that were not clearly marked by others.
The boring locations will require traffic control to safely route traffic around the drilling rig during the field work
activities. Prior to drilling, a traffic control plan will be submitted to TxDOT and/or CLIENT and the necessary
permits will be obtained. RKI will provide a certified traffic subcontractor to perform traffic control duties for the
geotechnical field operations.
Some boring locations will be accessed by coring through sections of the existing roadway pavement. We will
patch the cored holes with cold-patch asphalt or ready-mix concrete, similar material with the existing pavement
sections.
The field work will be conducted using Texas Cone Penetration (TCP) techniques in general accordance with the
Texas Department of Transportation (TxDOT)Geotechnical Manual,dated July 2020. In order to collect samples for
laboratory testing purposes, conventional split-spoon and/or Shelby tube sampling techniques will be employed
within granular and cohesive soils, respectively. Representative portions of the samples will be sealed, identified,
packaged,and transported to our laboratory for subsequent testing and classification.
Short-term water level readings will be recorded for the open boreholes during drilling and at drilling completion. If
free water is encountered during drilling, our logger will temporarily suspend drilling operations and obtain water
level measurements in the open borehole at 5 minute intervals over a 15-minute time interval. Water level
measurements will also be recorded at completion of drilling prior to backfilling the boreholes with bentonite grout.
Environmental assessments, compliance with state and federal regulatory requirements, and/or environmental
analyses including those associated with mold,fungi,and other biologic agents are beyond the scope of this study.
Laboratory Study
Upon completion of the subsurface exploration, a testing program will be designed to define the strength and
classification characteristics of the foundation soils. We will perform the following soil mechanics laboratory tests
(include but not limited to)to measure physical and engineering properties of selected representative soil samples.
• Moisture Content;
• Atterberg Limits;
• Amount of Material in Soils Finer than No. 200;
• Unconfined Compression Triaxial Compression; and
• Unconsolidated-Undrained (UU)Triaxial Compression.
The type and number of laboratory tests will be based on the subsurface conditions encountered during field
exploration. The laboratory testing will be performed in general accordance with applicable TOOT or ASTM
standards.
We will retain the soil samples for 30 days after completion of laboratory testing, unless requested otherwise.
Engineering Analysis and Reports
The field and laboratory phases of the study will be reviewed by our staff engineers. The results of our review,
together with the supporting field and laboratory data,will be presented in written engineering reports. Included
therein will be recommendations concerning the design and construction of the foundation systems for the
R A B A K I S T N E R
3
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
proposed signal poles. The Geotechnical Engineering Report may include the following information and
recommendations, if applicable:
• Discussion of the field exploration and laboratory testing programs;
• Discussion of the encountered subsurface and groundwater conditions;
Boring location map and subsurface profile;
• Drilling logs presented in TxDOT format using the Wincore software program;
• Allowable foundation capacity curves, soil strength analysis tables, and skin friction curves from
the Wincore software program for deep foundations (piles and/or drilled shafts) per TxDOT
standard;
• Design soil parameters to generate lateral load analysis (p-y) curves using LPILE by others for the
bridge foundations(drilled piers);
• Estimated settlements for the deep foundations due to axial loads; and
• Site drainage and construction considerations;
Our scope of work does not include a geologic fault study nor does it include conducting test pits at the site. Since
site grading plans can result in changes in the subgrade conditions, final site grading plans will be helpful
information in the preparation of geotechnical engineering recommendations.
A draft report and final report will be reproduced electronically.
Tentative Project Schedule
Based on our present workload and weather permitting,ourtentative project schedule is shown in the table below:
Estimated Project Schedule
Start of Site Visit 2 Weeks after Authorized Notice-to-Proceed(NTP)
Completion of Geotechnical Field Exploration 3 Weeks after Authorized NTP
Completion of Laboratory Testing Services 6 Weeks after Authorized NTP
Completion of Draft Report 7 Weeks after Authorized NTP
Completion of Final Report 8 Weeks after Authorized NTP
R A B A K I S T N E R
4
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
PROJECT FEE
The total lump sum cost for the study outlined herein is $36,000. Should unusual subsurface conditions be
encountered in the field indicating the desirability of significantly broadening the scope of the study,we will contact
you to receive written authorization before proceeding with any additional work. Additional services will be billed
on a unit basis in accordance with our standard fees as indicated on the attached Schedule of Fees for Professional
Services.
It is our understanding that access to all boring locations for a conventional, truck-mounted drilling rig will be
provided by the CLIENT prior to our field exploration services.
Historically, the cost of our field services is about 45 percent of our total fee. These services are predominantly
provided by subcontractors. In order to promptly pay our subcontractors and continue to be able to respond to your
needs, we will send you an interim invoice for 45 percent as soon as the field exploration phase of our study is
complete.
It should be noted that our study scope (and project cost) do not include plan review or earthwork and foundation
excavation observations during the construction of the project. However, plan review and construction observation
costs should be included in the project budget.
It should also be noted that our study scope (and project cost)do not include professional time or travel expenses
for participation in design team meetings. If these services are required,they will be billed at our standard billing
rates for professional time plus expenses.
Acceptance
We appreciate the opportunity of submitting this proposal and look forward to working with you in the development
of this project,which will be carried out accordance with this letter and the following attachments:
Attachment Description
I Standard Terms and Conditions
II Schedule of Fees
Please return one signed original of this contract to provide written authorization for our firm to commence work
on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Dallas
County,Texas75397-1037.
RABAKISTNER
5
Proposal No. PHA22-144-00 Rev 1
December 1, 2022
RKI considers the data and information contained in this proposal to be proprietary. This statement of qualifications
and any information contained herein shall not be disclosed and shall not be duplicated or used in whole or in part
for any purpose other than to evaluate this proposal.
Very truly yours,
RABA KISTNER, INC. Accepted By
(Signature)
Muhannad Hussein, P.E. (Typed or Printed Name)
Project Manager
(Title)
Date:
Julia P. Clarke, P.E.
Senior Geotechnical Manager
MH/1PC
Attachments I and II
RABAKISTNER
Proposal No. PHA22-144-00 Rev 1 Attachment II
December 1, 2022
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
PERSONNEL: Principal............................................................................$135 to $250/hour
Professional......................... ...........................................$70 to $200/hour
Auto Cad Operator.................................................$65 to $110/hour
Technical/Clerical/Administrative ......................................$40 to $80/hour
The specific hourly rate within each classification listed above depends on the experience,
special training, and qualifications of the personnel needed for the project. For projects
requiring work at any hazardous waste site, there will be a $10 per hour surcharge added
to the normal billing rate for all personnel. Consultants to Raba Kistner (RK) will be
charged according to their professional classification.
EXPENSES: Use of company automobiles will be charged at $1.00 per mile. Automobiles and light
trucks assigned to field sites will be charged at $70.00 per day, plus $1.00 per mile over
50 miles per day. Copies will be charged at$0.25 per page.
Other project specific charges for use of RK equipment or for RK testing will be in
accordance with established fee schedules. All other project specific, third-party costs will
be charged at cost plus 15 percent.
Invoices will be submitted monthly for work in progress in our standard format. They are
due and payable upon receipt and become past due 30 days after the billing date. Past
due invoices may be subject to late charges at the rate of 1-112 percent per month
(18 percent per annum). In the event that the State of Texas legislates a sales tax on
Professional Services, the amount of the tax will be PAYMENT added to the appropriate
service rate charged. Our invoices are due and payable upon receipt at P.O. Box 971037,
Dallas, Texas 75397-1037.
Preparation of non-standard invoice will be charged on a time and materials basis in
accordance with the rates in this fee schedule.
CONDITIONS: Services will be performed in accordance with our Standard Terms and Conditions.
The proposal to which this schedule is an attachment is valid for 90 days from the date of
the proposal.
Page 1 of 1
ADM101 02/08/2012
Volkert, Inc.
S775 N.Sam Houston Parkway W.,Suite 140
Houston, Texas 77086 `TOLKERT
832-607-2047
www.volkert.com
EXHIBIT B - LEVEL OF EFFORT/SCHEDULE OF FEES
Scope Description Fees
Volkert, Inc. MBCO Raba Kistner
Design Phase Services(Lump Sum) $314,608.50 $123,845.00 $36,000.00
Bid Phase Services(Hourly Not to $9,128.00
Exceed)
Construction Phase Services $25,856.00
(Hourly Not to Exceed)
Sub Totals 349,592.50 $123,845.00 $36,000.00
Total Fee $509,437.50
The above fees are based on a Lump Sum contract except for the Bid and Construction Phase Services that will be on an
hourly not to exceed basis unless otherwise directed by the Client.
LEVEL OF EFFORT/SCHEDULE OF FEES
EXHIBIT B
Pro ect Name Illumination,Sidewalk and Signal Designs along Bus.146
Prime Consultant Volkert
Pro ect No. 0
Date: 2023-01.18
SUMMARY BASIC SERVICES•PRIME&SUBCONSULTANTS
TOTAL
TASK DESCRIPTION CONSULTANT LABOR HRS.
8 COSTS
PROJECT MANAGEMENT
PRIME lVolkert $ 22,223.00
SUBTOTAL PROJECT MANAGEMENT,
1.P PLANNING PHASE
PRIME lVolkert $
2.P STUDY PHASE
PRIME Volkert $
SURVEY Volkert $ 57,714.00
GEOTECHNICAL Raba Kistner $ 36,000.00
ENVIRONMENTAL ENV $
TRAFFIC TRF $
DRAINAGE DRG $
BRIDGE STRUCTURAL BRG $
OTHER MBCO $ 123.845.00
SUBTOTAL 2.12.STUDY PHASE $ 217,559.00
3.P DESIGN PHASE
PRIME Volkert S 234,67150
SURVEY Volkert 5
GEOTECHNICAL Raba Kistner 5
ENVIRONMENTAL ENV S
TRAFFIC TRF 5
DRAINAGE DRG 5
BRIDGE STRUCTURAL BRG $
OTHER MBCO $
1' SUBTOTAL 3.P DESIGN PHASE $ 234,671.50
4.P BID PHASE SERVICES
PRIME 5 9,12800
SUBTOTAL 4.P BID PHASE SERVICES $ 9,128.00
5.P CONSTRUCTION PHASE SERVICES
PRIME 5 25.856.00
SUBTOTAL 5.P CONSTRUCTION PHASE SERVICES $ 25,856.00
TOTAL BASIC SERVICES $ 509,437.50
SUMMARY OTHER DIRECT EXPENSES-PRIME&SUBCONSULTANTS
TOTAL
TASK DESCRIPTION CONSULTANT LABOR HRS.
&COSTS
PRIME Volkert $
SURVEY Volkert $
GEOTECHNICAL Raba Kistner $
ENVIRONMENTAL ENV $
TRAFFIC TRF $
DRAINAGE DRG $
BRIDGE STRUCTURAL BRG S
OTHER IMBCO 5
TOTAL OTHER DIRECT EXPENSES 5
PROJECT SUMMARY
TOTAL BASIC SERVICES1 S 509,43T50
TOTAL OTHER DIRECT EXPENSES $
TOTAL $ 509,437.50
Page 1 of 6 LOE
_� _-
�,.,,�,.r,_.� — ..
_ - �� _
..�_..�_. _. , 1. , .
. . ,_ . ,
. . .... . ..�n ,
� � r
VR2j4M V-111.
Ewa
... . ..... .... .
r777--
EXHIBIT C-PROJECT SCHEDULE