Ordinance No. 15,465 ORDINANCE NO. 15,465
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ARKK
ENGINEERS, LLC, FOR ENGINEERING, DESIGN AND CONSTRUCTION PHASE
SERVICES FOR THE NEIGHBORHOOD STREET RECONSTRUCTION OF
LANTERN PARK, DOLPHIN HARBOR AND CANVASBACK CAY PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED NINE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED
FOURTEEN AND NO.'100 DOLLARS($942,914.00);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 Professional Services Agreement with ARKK
Engineers, LLC, for Engineering, Design and Construction Phase Services for the Neighborhood Street
Reconstruction of Lantern Park, Dolphin Harbor and Canvasback Cay 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 ARKK
Engineers, LLC, in an amount not to exceed NINE HUNDRED FORTY-TWO THOUSAND NINE
HUNDRED FOURTEEN AND NO.--100 DOLLARS($942,914.00)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 NO.,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 the affi ;NDON
ote of the City Council of the City of
Baytown this the 8d day of June,2023.
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EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between ARKK Engineers, LLC
(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 Architectural and Engineering services for
Neighborhood Street Reconstruction of Lantern Park, Dolphin Harbor and Canvasback Cay (the
"Work") for and on behalf of the City.
a. This Agreement shall commence on the date of execution by the City Manager and
shall terminate the earlier of: (a) completion of the Work in accordance with this
Agreement, including Exhibits; (b) four hundred and thirty five (435) days
following execution by the City Manager; or (c) Termination of this Agreement
under Paragraph 11.
b. The scope of the Work is detailed in Exhibit "A."
C. Compensation and professional fees are detailed in Exhibit"B."
d. The time schedules for the Work are specified in Exhibit "C."
e. Each of these Exhibits "A" through "C" is 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. Preliminary Design Phase................................................................$371,093.00
2. Final Design Phase...........................................................................$386,582.00
3. Bid Phase .............................................................................................$7,270.00
4. Construction Phase...........................................................................$175,969.00
5. Reproduction........................................................................................$2,000.00
6. Total................................................................................................$942,914.00
b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and
"Reimbursable," Consultant shall not exceed the fixed contractual amount without
Agreement for Consulting Services,Page 1
written authorization in the form of a contract amendment.
C. Reimbursable Expenses 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;
(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 have 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 John Rudloff 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.
Agreement for Professional Services,Page 2
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.
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, Consultant 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
(i) 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.
Agreement for Professional Services,Page 3
(ii) 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.
(iii) 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
documentation has been approved by the City's Representative.
(iv) 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.
(v) 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.
(vi) 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 Agreement will
be pursuant to the standard of performance common in the profession.
(vii) 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.
(viii) 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.
Agreement for Professional Services,Page 4
(ix) 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.
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:
I. Commercial General Liability
■ General Aggregate: $2,000,000
Agreement for Professional Services,Page 5
■ Products & Completed Operations Aggregate: $2,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required
3. Errors and Omissions
■ Limit: $1,000,000 for this project
■ For all architects, engineers, and/or design companies
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project
■ Waiver of Subrogation required
4. Workers'Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ 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:VIII 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.
Agreement for Professional Services.Page 6
6. Upon request and without cost to the City, certified copies of all insurance
policies an&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
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 CONSULTANT 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
Agreement for Professional Services,Page 7
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, SUBJECT TO THE
LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE
SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES
CODE SECTION 130.002.
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 Agreement 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;
Agreement for Professional Services,Page 8
(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.
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
Agreement for Professional Services,Page 9
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. Verifications
If Consultant has ten (10) or more full-time employees and Consultant's total compensation under
this Agreement has a value of One Hundred Thousand Dollars ($100,000.00)or more,Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Government Code:
a. 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. 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. 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.
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 architecturallengineering 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. Should the City request copies of the records, Consultant
may redact employee social security numbers and/or addresses. 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.
Agreement for Professional Services,Page 10
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:
ARKK Engineers, LLC
Attn: Madhu Kilambi
7322 Southwest Fwy Suite 1040
Houston,TX 77074
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 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 Consultant's performance of its services hereunder,and no right to assert a claim
against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as
a result of this Agreement or the performance of Consultant'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.
Agreement for Professional Services.Page t l
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, 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
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 heishe 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:
Agreement for Professionai Services,Page 12
ANGELA JACKSON,City Cleric
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
ARKK Engineers, LLC
(, ignature)
` 4ki Ot LA/. lCdS eR.,
(Printed Name)
n1711Gjd/ LLC
(Title)
Apn:ement for Professional Services.Page 13
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Oip 1;pl AG,S� Pe"" , in his/her
capacityas nrih41;jb4l of AX, N Foaihee-s LLC. .__ _
on behalf of such L G G.
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 this /9 day of 1774 20 o?3
DAVIDNotary
JAN55E1 FAMG
33869 Notary Public in and for the Sta f Texas
+ �'F Nataryli)#�13i2338b9 �
My Commission Expires
August 27.2025
R-\Karcn Anderson%CONTRACTSV02MCON'1RAC TEMPLATMArcAuectural or Engineering Services Agreement Template-Section 2
Flexible(sL Final-Fillable).docx
Agreement far Professional Services„Page 14
ARKKENGINEERS
April 14, 2023
Mr. Michael Leech
Assistant Director of Public Works
City of Baytown, Texas
2123 Market Street
Baytown, Texas 77520
Re: Proposal for Engineering Design and Construction Phase Services for "RW2204
Neighborhood Street Reconstruction of Lantern Park,Dolphin Harbor and Canvasback
Cay"
Dear Mr. Leech:
As requested, ARKK Engineers, LLC (ARKK) is pleased to submit this proposal for performing
engineering design and construction phase services for the above referenced project.
The streets include the following:
Lantern Park Subdivision
• Coachman Drive from West Baker Road to Dead End (Approximately 3,000 LF)
• Carriage Lane from Coachman Drive to End (Approximately 545 LF)
• Cobblestone Lane from Coachman Drive to End (Approximately 545 LF)
• Lantern Lane from Coachman Drive to End (Approximately 530 LF)
• Coachlight Lane from Coachman Drive to End (Approximately 475 LF)
• Survey Lane from Coachman Drive to End (Approximately 435 LF)
Bay Oaks Harbor Subdivision
• Dolphin Harbor North and South (Approximately 725 LF)
• Canvasback Cay North and South (Approximately 675 LF)
South Circle Drive (approximately 780 LF)
The total estimated construction cost for performing the improvements for all the streets is
$8.8 Million (includes a budget of$100,000 for easement acquisition and a 15% construction
contingency).
This proposal is based on our understanding of the project as discussed in our previous
meetings and conversations with City staff and information gathered from our site visits. For
your convenience, this proposal consists of General Overview, Scope of Services, and Fee. See
7322 Southwest Fwy suite 1040 • Houston,TX 77074 •1713-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
Exhibit W for a description the services. See Exhibit'B' for Fee breakdown and Exhibit 'C'for a
schedule for the services outlined in this proposal. The total fee for performing the services is
the amount of$942,914.00. This proposal is based on designing and bidding the improvements
for the streets mentioned above as one construction bid package.
ARKK Engineers, LLC sincerely appreciates this opportunity to submit this proposal and we look
forward to continuing our work with the City of Baytown.
Sincerely,
ARKK ENGINEERS, LLC
Madhu Kilambi, P.E.
Senior Project Manager/ Principal
7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
EXHIBIT'A'
This project involves providing engineering design and construction phase services for the
reconstruction of the residential neighborhood streets in the Lantern Park Subdivision, Bay
Oaks Harbor Subdivision as well as South Circle Drive in the City of Baytown, Texas. The
reconstruction will improve the local drainage, roadway driving surface, and accessibility and
pedestrian mobility.
Lantern Park Subdivision
The Lantern Park Subdivision reconstruction includes the following streets:
• Coachman Drive from West Baker Toad to Dead End (Approximately 3,000 LF)
• Carriage Lane from Coachman Drive to End (Approximately 545 LF)
• Cobblestone Lane from Coachman Drive to End (Approximately 545 LF)
• Lantern Lane from Coachman Drive to End (Approximately 530 LF)
• Coachlight Lane from Coachman Drive to End (Approximately 475 LF)
• Survey Lane from Coachman Drive to End (Approximately 435 LF)
This project will involve reconstructing these streets with new concrete curb & gutter
pavement, and also includes the reconstruction of existing storm sewer, junction boxes and
inlets to meet City's drainage standards. Driveways will be replaced up to the right-of-way line
or as needed to accomplish the street reconstruction. Sidewalks will be installed wherever
feasible.
Based on City GIS and maps provided by the City,there appears to be a single 54-inch and four
(4) 18-inch outfalls from the Lantern Park subdivision in to the Goose Creek Drainage Ditch.
These outfalls do not provide adequate conveyance to meet current City's drainage design
standards. At this time, it is anticipated that an additional outfall to Goose Creek will be
required to provide an adequate conveyance drainage system for the Lantern Park Subdivision.
The existing outfalls have been televised by the City. The TV tapes will be utilized to determine
if the existing outfall pipes can be left in place to supplement the drainage provide by the
proposed new outfall pipe.
The new outfall pipe will require the purchase/condemnation of an easement from a property
owner that backs up to the Goose Creek drainage ditch. It is understood that the easement
negotiation and acquisition will be conducted by the City's Right-of-Way Department.
Installing an additional outfall in to the Goose Creek drainage ditch, which is owned and
maintained by Harris County Flood Control District(HCFCD), may require hydraulic modeling to
determine impacts caused by the installation of an additional outfall pipe for the subdivision.
The magnitude and extent of modeling is not known at this time and will be known at the
completion of the 30%design. Therefore,a not to exceed budget for coordination with HCFCD
and to perform any modeling services required by HCFCD as part of their approval process is
included in this proposal.
Lantern Park improvements will also include the replacement of approximately 6,050 linear
feet of water line and associated appurtenances within the project area. Based on information
Page 1 of 10
7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •{713-400-ARKK 9 www.arkkengineers.com• TX PE Firm No.13872
provided by the City, approximately 1,000 linear feet of new water line along the western side
of the subdivision has been installed previously.The proposal does not include the replacement
of this 1,000 linear feet of new water line. It is also not anticipated to replace/rehabilitate the
sanitary sewer within Lantern Park Subdivision. However,provisions will be made to adjust the
existing sewer when in conflict with the proposed improvements.
Lantern Park improvements will also include the beautification and re-design of the subdivision
entryway. This entry re-design portion of the work will be developed in partnership with the
resident association for the Lantern Park Subdivision.It is anticipated that a public input process
will be conducted to aid in developing the design of the subdivision entryway.
Bay Oaks Harbor Subdivision
The Bay Oaks Harbor Subdivision reconstruction includes the following streets:
• Dolphin Harbor North and South (Approximately 725 LF)
• Canvasback Cay North and South (Approximately 675 LF)
The scope of work includes roadway reconstruction with a concrete curb and gutter pavement
section with underground drainage improvements. Based on input from City staff,the existing
water lines and sanitary sewer lines along these two streets will be replaced as part of this
project. Driveways will be replaced up to the right-of-way line or as needed to accomplish the
street reconstruction. Drainage improvements include filling in the roadside ditches with a
lowered curb and gutter pavement section, and the addition of storm sewers and inlets as
needed to meet City-minimum design criteria.
South Circle Drive
This project also includes the reconstruction of approximately 780 LF of South Circle Drive.The
improvements will include roadway reconstruction with concrete pavement curb and gutter
section with underground drainage improvements. Driveways will be replaced up to the right-
of-way line or as needed to accomplish the street reconstruction. Based on input by the City, it
is not anticipated to replace/rehabilitate the water and/or wastewater lines in this project area.
This proposal addresses the engineering services ARKK Engineers will provide the City during
the design and construction phases, including services such as topographic surveying,
geotechnical engineering, plan reproduction, and other services required for the project.
During the construction phase,the City of Baytown will provide a project site representative to
observe the progress of construction. Therefore, construction management and inspection
services by ARKK Engineers' personnel are not part of the scope of this project.
Pale 2 of 10
7322 Southwest Fwy Suite 1040 9 Houston,TX 77074 •(713-400-ARKK 0 www.arkkengineers.com• TX PE Firm No.13872
SCOPE OF SERVICES
I. DESIGN PHASE
A. Preliminary Design Phase (30%Submittal)
• Conduct a kickoff meeting with the City of Baytown.
• Employ and coordinate with project sub-consultants, to include architectural,
geotechnical, surveying, and arborist.
• Compile a list of design criteria/assumptions/exceptions for the Project for the
Owner's review and approval, including, but not limited to:
Handling of structures/fences/landscaping/trees encroaching in the right-of-
way;
* Replacement of existing utilities within the right-of-way and those within
three feet of the hack of curb.
* Developing paving options that include adjustments due to change in
elevation, profile adjustments, driveways, intersections, manholes, or curb
ramps, if applicable.
o Upgrading City utilities that are not currently in compliance with City design
criteria, or are within 3-feet of the back of curb;
o Handling of mailboxes, sidewalks, landings, and retaining wall replacement;
o Handing of through-the-curb drains,driveway culverts,and private irrigation
systems within the right-of-way;
• Obtain from the City available water, sanitary sewer, and storm sewer block maps,
designated as-built/record drawings, LIDAR data, 0& M records as part of the data
collection efforts.
• Request from private utility companies their available utility/maintenance
schedules and locations as part of the data collection efforts.
• Perform a site reconnaissance visit to the streets identified as part of the Project.
• Assess potential right-of-way conflicts as well as compliance with design criteria
developed above. The right-of-way conflict assessment is based on data gathered
from the site visits and information provided by the City. A detailed right-of-way
research study is not part of the scope of work for this project.
• Coordinate with other governmental entities which maybe impacted by the project.
_ Page3 of 10
7322 Southwest Fwy Suite 1040 9 Houston,TX 77074 •(713-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
• Coordinate with the City and apprise the City of ARKK's findings and analysis, and
obtain input from the City.
• Provide 30% submittal drawings, with cost estimates, to the City for review and
comments. The 30% drawings will show the plan and profile of the existing
topographic survey data, and will contain proposed street and drainage
improvements in the plan view only.
• Furnish an electronic copy of the 30% submittal to Owner within one hundred and
eighty(180) calendar days of authorization to begin services.
• Revise the 30% submittal in response to Owner's comments, as appropriate, and
furnish one electronic copy of the final submittal within ten(10)calendar days upon
receipt of review comments from the Owner.
• The Engineer's services under the Preliminary Design Phase will be considered
complete on the date when the final revised 30% submittal, with all the City
comments addressed, is delivered to and accepted by the Owner.
B. Final Design Phase
• Prepare final design drawings for the proposed paving and drainage improvements
for the reconstruction of the streets which constitute the Project, indicating the
scope, extent, and character of the Work to be performed and furnished by the
Contractor. Specifications will be prepared in conformance with the 16-Division
format of the Construction Specifications Institute or other format desired by the
Owner.
• Provide technical criteria, written descriptions, and design data for Owner's use in
filing applications for permits from or approvals of governmental authorities having
jurisdiction to review or approve the final design of the Project and assist Owner in
consultations with appropriate authorities.
• Advise Owner of any material adjustments to the opinion of probable construction
cost and any material adjustments to the total project costs known to Engineer.
• Perform and provide the following tasks or deliverables:
o Prepare a Storm Water Pollution Prevention Plan for the project.
Prepare a Traffic Control Plan for the proposed improvements in accordance
with the Texas Manual on Uniform Traffic Control Devices.
o Prepare quantity takeoffs and an opinion of probable construction cost for
the proposed improvements at the 60%, 90%, and 100% milestones. The
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7322 Southwest Fwy Suite 104.0 • Houston,TX 77074 •(713;4007ARKK•www.arkkengineers.com• TX PE Firm No.13872
deliverables for the 60% milestone shall include submittal of the plan and
profile drawing sheets and 60%cost estimate.
c: The Contract Documents shall be submitted with the plans for both the 90%
and 100%submittals.
Deliverables shall include construction documents submitted to the Owner
at the 60%, 90%and 100%milestones for review,comments,and approvals.
o Prepare project-specific construction notes, details, and technical
specifications.
c� The standard detail sheets provided by the Owner for water, sewer, storm,
paving,and typical cross sections shall be utilized and included in the project
plans as appropriate.
o Cause to be performed the following services:
• Surveying: A topographic survey will be performed for each street
segment. Approximate location of the rights-of-way will be shown
on the plans based on found iron rods other topographical features.
The topographic survey shall include a limit of 100 feet within the
existing right-of-way in each direction for the intersection
immediately adjacent to the roads included in this proposal. The
intersection surveying efforts will assist to ascertain the existing
drainage patterns. Further,the surveying fee is based on the premise
that the Engineer will have survey control placed on the construction
plans and the selected contractor will be responsible for construction
staking. Right-of-way research is not part of the scope of services. In
the event it is determined that the exact location of the right-of-way
is needed for certain streets, ARKK Engineers will submit a separate
proposal for providing such right-of-way research services for
approval by the City.
• Geotechnical Investigation: Geotechnical borings will be taken at
approximately 500 feet spacing along the proposed improvements.
This proposal is based on taking 19 bores at a depth ranging from 5
to 15 feet deep for a total vertical footage of 205 feet.
■ Urban Forestry: Urban forestry services, including a tree protection
plan, for the Project shall be provided in accordance with the
attached proposal from C.N Koehl Urban Forestry Inc.
■ Environmental Investigation: As discussed with the City, a Phase I
Environmental Site Assessment will not be performed for this
project. ARKK Engineers can submit a separate proposal for
providing such services if requested by the City.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •{713-400-ARKK•www.ackkengineers.com• TX PE Firm No.13872
■ TDLR Review: An ADA review shall be provided and plans shall be
submitted to the TDLR.The Project will require plans to be reviewed
in accordance with Texas Architectural Barriers Project Registration
(TABPR)guidelines.ARKK will submit the drawings to a State licensed
reviewer for review and approval. ARKK will prepare the TABPR
application and estimate the review fee. ARKK will submit the
completed application and a set of construction drawings to the
reviewer for review and approval. ARKK will coordinate with the
reviewer to address comments. Once all comments have been
cleared, the Project will be registered with the Texas Department of
Licensing and Regulations(TDLR).The application fee along with any
review fees required by TDLR will be a subcontractor reimbursable
fee and therefore, will be billed as such.
■ HCFCD Coordination & Approvals: This project includes the
installation of an additional outfall the Lantern Park Subdivision into
the Goose Creek drainage ditch, owned and operated by Harris
County Flood Control District(HCFCD).This will require coordination
with HCFCD and may include hydraulic modeling to determine
impacts caused by the installation of an additional outfall pipe for the
subdivision. The modeling will have to be presented to HCFCD to
demonstrate no adverse impacts from the Lantern Park
Improvements. ARKK Engineers will utilize the services of a sub-
consultant (Costello, Inc.) for these services. The magnitude and
extent of modeling is not known at this time and will be known at the
completion of the 30%design. Therefore, a not to exceed budget is
included for this line item.
■ A re-design of the Lantern Park subdivision entryway will be included
in this contract.ARKK will team with an Architect that has experience
in this type of work. It is anticipated that three(3) public meeting will
be required to receive input from the Lantern Park Subdivision to aid
in developing the design of the subdivision entryway. A budget for
architectural services is included in this proposal.
■ Reproduction: Reproduction of plans, reports, and specifications for
review sets submittals to governmental agencies, and utility
companies will be included in the cost for reproduction.
o All geometric design shall be in conformance with the applicable Owner
standards,except where variances are permitted,and applicable TxDOT and
Harris County standards.
o Consult with the Owner and affected utility companies to define and clarify
the project requirements and available related data.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713-400-ARKK•www.arkkengineers.com+ TX PE Firm No.13872
o Meet and coordinate with the Owner, area stakeholders, utility owners, as
needed to facilitate coordination and approval of the Construction
Documents.
o Prepare for and attend project progress meetings with the Owner.
o Prepare for and attend three (3) public meeting with local residents and
businesses for each project area/neighborhood.
o The final Contract Documents will be supplied by the Owner.
• Furnish one electronic copy of the 60% submittal to OWNER within ninety (90)
calendar days of authorization to begin final design services and review the report
with the Owner.
• Furnish one electronic copy of the 90% submittal, including Bidding Documents,
along with a revised opinion of probable Construction Cost to OWNER within sixty
(60) calendar days of receipt of 60%submittal comments from Owner.
• Revise the 90% submittal in response to Owner's and other parties' comments, as
appropriate, and incorporate such revisions in the 100% Bidding Documents.
• Furnish one electronic copy of the 100%Bidding Documents for review and approval
by Owner, its legal counsel, and other advisors, as appropriate, review it with
Owner, and assist Owner in the preparation of other related documents.
• Revise the 100% Bidding Documents in response to Owner's and other parties'
comments,as appropriate,and submit an electronic copy of the Bidding Documents
and an updated opinion of probable Construction Cost to OWNER within thirty(30)
calendar days of receipt of 90%submittal comments from Owner.
• Submit final plans to subcontractor for TDRA plan review in accordance with State
regulations.
II. BID PHASE SERVICES
• During the bidding phase, provide information to and answer questions from
prospective bidders regarding the Project's construction documents.
• Prepare project addendums as necessary.
• Prepare pre-bid meeting agenda and conduct a pre-bid conference for
prospective bidders.
• Prepare summary of pre-bid meeting minutes for the project and distribute to
all prospective bidders.
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7322 Southwest Fwy Suite 1040 * Houston,TX 77074 *(713-400-ARKK 9 www.arkkengmeers.com• TX PE Firm No.13872
• Review and respond to questions submitted by Contractors regarding the
project plans and specifications.
• Evaluate the bids and the qualifications of the apparent low bidder and advise
the City as to the acceptability of the apparent low bidder.
• Prepare a letter of recommendation to the City.
III. CONSTRUCTION PHASE SERVICES
1. Construction Administration Services
• Prepare a pre-construction agenda.
• Conduct a pre-construction conference for the project.
• Prepare summary of pre-construction meeting minutes for the project and
distribute to all parties.
• Review and respond accordingly to all submittals as required by the contract
specifications.
• Prepare change orders necessitated by field conditions.
• Review the contractor's pay estimates and make payment recommendations to the
City.
• Visit the site at intervals appropriate to the various stages of construction to observe
the progress and quality of executed work and to determine in general if such work
is proceeding in accordance with the Contract Documents.
• ARKK will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions
and programs incident to the work of the Contractor(s). ARKK's effort will be
directed toward providing a greater degree of confidence for the City that the
completed work of Contractor(s)will conform to the Contract Documents,but ARKK
will not be responsible for the failure of Contractor(s) to perform the work in
accordance with the Contract Documents. During site visits and on the basis of on-
site observations ARKK shall keep the City informed of the progress of the work,
shall endeavor to guard the City against defects and deficiencies in such work and
may disapprove or reject work failing to conform to the Contract Documents.
• Attend progress meetings for the project if requested by the City.
• Conduct a final inspection of the Project and assist in making a recommendation for
Final Payment on the project.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713-400-ARKK•www.arkkengineers.com 9 TX PE Firm No.13872
• Engineer shall provide one set of reproducible record plans based on the
Contractor's provided red line marked up as-built drawings, and provide one
electronic copy of the drawings on a CD.
FEE
PRELIMINARY DESIGN PHASE (30%Submittal):
Preliminary Design Phase Services- lump sum amount of: $218,728.00
Hydraulic Evaluation for HCFCD—Not to Exceed: $77,000.00
Topographic Surveying- Not to Exceed: $46,404.00
Geotechnical Investigation - Not to Exceed: $23,604.00
PER Phase Urban Forestry- Not to Exceed: $5,357.00
SUBTOTAL PRELIMINARY DESIGN PHASE: $371,093.00
FINAL DESIGN PHASE:
Final Design Phase Services- lump sum amount of: $350,054.00
Architectural Services—Not to Exceed: $22,000.00
Tree Protection Plan - Not to Exceed: $13,778.00
TDLR Review& Filing Fees - Not to Exceed: $750.00
SUBTOTAL FINAL DESIGN PHASE: $386,S82.00
BID PHASE:
Bid Phase Services - lump sum amount of: $7,270.00
SUBTOTAL BID PHASE: $7,270.00
CONSTRUCTION PHASE:
Construction Phase Services- lump sum amount of: $169,569.00
TDLR Inspection Fees- Not to Exceed: $2,000.00
Tree Protection Field Layout- Not to Exceed: $4,400.00
SUBTOTAL CONSTRUCTION PHASE: $175,969.00
FEES APPLICABLE TO ALL PHASES:
Reproduction - Not to Exceed: $2,000.00
SUBTOTAL: $2,000.00
TOTAL ALL SERVICES: $942,914.00
_ Page 9 of 10
7322 Southwest Fwy Suite 1040 • Houston,TX 77074 9(713-400-ARKK 9 www.arkkengineers.com• TX PE Firm No.13872
RATE SCHEDULE
Employee Classification Billine Rate per hour
Project Principal (P.E.) $184.00
Senior Project Manager (P.E.) $184.00
Project Manager(P.E.) $140.00-$180.00
Senior Designer $130.00—$150.00
Project Engineer $100.00—$135.00
Senior CADD Operator $125.00-$140.00
CADD Operator $95.00-$105.00
Senior Construction Manager(P.E.) $184.00
Construction Manager $148.00
Construction Inspector $90-$110.00
Reimbursable expenses will be charged at cost plus 10%. Mileage will be charged at the current
IRS prevailing rate.
_ N _ Page 10 of 10 _ _
7322 Southwest Fwy Suite 1040 a Houston,TX 77074 •1713-400-ARKK•www.arkkengineers.com• TX PE F1rm No.13872
Exhibit "B"
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,
South Circle Drive, Dolphin Harbor and Canvasback Cay
SUMMARY PAGE
PRELIMINARY DESIGN PHASE $3713,093.00
FINAL DESIGN PHASE $386,582.00
BID PHASE $7,270.00
CONSTRUCTION PHASE $175,969.00
REPRODUCTION $2,000.00
TOTAL ALL SERVICES $942 914.00
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,South Circle Drive,Dolphin Harbor and Canvasback Cay
PER Phase Sr.Project Project Senior Graduate Sr.CADD CADD
Manager Manager Designer Engineer EIT Operator Summary
HOURLY RATE: $ 184.00 $ 165.00 $ 145.00 $ 115.00 $ 137.00 $ 100.00
1. Coordination
l
frepare For and Atte 3 Public Meeting 23096--— --__ 4 _ S 16 — le
frolac Pannirr9 Rd nd_n Schedulii -- --- 4 — —_
Total Coordination Hours 8 8 16 16 0 0 48
Total Coordination Engineering Fee $ 1,472 $ 1.320 $ 2.320 $ 1,840 $ $ $ 6,952
2. Data Collection
Obtain and Review As-Built Drawings and GIS —_----_ _ _ 4 _ _ $ ----- —_•— __ --
Fleld Ver g#$ti Conditions — — _ —_4_—_ — 8 —8 - —
Collect PublicfPrivate Utilitv Information - � _ —8 8 — -- ---
Total Data Collection Hours 8 8 14 16 0 0 46
Total Data Collection Engineering Fee $ 1,472 S 1.32D $ 2.030 $ 1.840 $ $ S 6,662
3. Develop Design Criteria
Create Existing Conditions Base Map a 16 32 40
ent' T a rnm Pro�i.ems"ai�."_.........- — -_ _— -----—-- -— -------� — -
Develop Design Criteria 4 8
Total Design Criteria Hours 12 0 24 32 0 40 108
Total Design Criteria Engineering Fee $ 2,208 $ $ 3.480 $ 3,680 $ $ 4,ODO S 13,3e8
4. Drainag Areas
Establish Proposed Drainage Areas 4 16 _ 24
repare r age Calculations-- ---- '�---— 4 ---- 16 24-- — —
Total Hydraulic 1 Site Plan Hours 8 0 32 48 0 0 88
Total Hydraulic I Site Plan Engineering Fee $ 1.472 $ $ 4.040 $ 5.520 S $ $ 11,632
5. Engineering Evaluation and Recommendations
Com a�ralive Analysis of Alternatives --_ —_ — —_ —
Develop and Recommend Draie.UtilitRoadwa_ Improve.- — — 2 -- 4 —8 — — 8— -- ---Develop and Recommend Required UtIq Relocation —---— —_—_ 4 — 8
Determine and Recommend Required ROW[EasemerK Acquisition 2 4
Total Evaluation!Recomm Hours 6 12 18 18 0 0 50
Total Evaluation f Recomm Engine rin Fee $ 1.104 $ 1,980 $ 2.320 S 1,840 $ - $ $ 7,244
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,South Circle Drive,Dolphin Harbor and Canvasback Cay
PER Phase Sr.Project Project Senior Graduate Sr.CADD CADD
Manager Manager Designer Engineer EIT Operator Summary
HOURLY RATE: $ 184.00 $ 165.00 $ 145.00 $ 115 W $ 137.00 $ Va-a
S. 30%Submittal
Prepare Pratiminar�Plan Sheets i35 P&P s�--_-_-__-- BO 98-_ - 184-- ---176 _- 58.)
...------
- —
On-site Meelin8s with- Cil staff ------------_ 9 8 - 9 -----8 --- ___
Progress Meeh'ngs wilh C Virtual meetinqJs----- ___ _ _-_ 8 -_-__ _8 __8__ _
Internal OA!DC Review of Project-_—----_-_-_- - 24 _ _ _24- - - 24-- i6 µ-
-------------
30%Submittal to City
Inc
orporate Comments from CitK_- �-_ - _2_.._ -16- 16 ......... r-_ -W, '6- - --�-
Finalize 30%Submittal - - 2-_ 8 - -a 2 - --3— -
Total PER Hours 142 168 224 230 18 579 1,359
Total PER Fee $ 26.128 $ 27.720 $ 32.480 $ 26.450 $ 2.192 $ 57,900 $ 172,870
SUB-TOTAL FOR PER PHASE BASIC SERVICES- S 218,728.00
Hydraulic Modeling/Coordination $ 77,000.00
Topographic Surveying $ 46,404.00
Geotechnical Investigation $ 23,604.00
Urban Forestry Services $ 5,357.00
SUB-TOTAL PRELIMINARY DESIGN PHASE $ 371,093.00
Fee Ex[I'mam
IRW 2204 ftcoristrucUon of Larkle rn Pprk N al g h ha rhood,South Cl rcle DFIvm,Dcaphin VarOOF and Cww8*bac1%Cay
Final Design and Bid Phase GF.Project F3FDj&rL Setilar Graduate Sr.CADO
MZMBI;MF MaMHOMF Oeslgrm Engineer E IT Op4r,*w Summary
HOU IDLY uATE. $ 1"40 165.00 $ 145 00 116.00 $ 137.00
1. cowdimmm aid DMA C09MOM I I
C4orMnft w0t SLk uw-%i0rft 2 L 2 2
r QKAM IV—am m x I r 16
............. ....................... ............. ------------X.- ........ ......- .....................
HNry tlelld Public WkLefAVs
....... ..
... .......
IP"Innlng..9 nd SchEc ulhr�. ................................................�r6Ns and OaCa Collect an ....
. ............
SUDUAml HaLft 31 44 82 10 2015
Subtotal Fee 5,704 T—&M —6-3M 8,430 IS 2.192
�k_Deslan-Comttrmkm Mans
cowr&Nwd wAh VWAINY WR�1) I I 1 4
St"IndWAbbreykillarm I 1 1 4
.... 2— i .........................
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.. ..................... ........................ 2 1 1 1
0. Ina cAmaWWpQQ 2 20 12 15 16
T pwammm Section L2) 2 8 4 4 Is
RM a 141) 20D 240 625
..............................SWPPPL"M 2——— 4 8 4 16SWFVP 2 i 4 1 4
:Q�ZjMftn SheM.(j) 2 32 16 6 32
Traft Cwwd Plan omg(2 2 4 4 4 115
Cw4Wx4on Phasl!V 16 W
TMO Wote�ara+r Oans 1 21 2 3 1$ 4
................................................ .....................
Pwom and v6jdo 0"SuMmid W&MF OCOS, 2 2 2 2
.HN........ ... ...... ......................2-,. .......... ...........— ....... .......... .. ............ ........
R&VI&W sea koxio Ows$WWWO WaSIMAWN DaLaft(1) 2 2 2 2 21
ft and kKkide C!VV SUmvdwd FIL"MON OMl�,Qj 2 2 2 2
§gtjr-Pavenmt DaU&(Cum=Shoot)(2) 2 4 le 4 12
... ....... ............ .....
REview and InOLKle Cthf*u SlPFtd6�d OFairooe D09di6(1) 2 2 2 2 2
Pre Lw",p,"*MS ec*c DrvkwW Stm.*t 1) 2 2 4 12
... . ....p
....... .... ..... ... ...... ...............
OMM Mbuftrmms Dotag Sheaf(1) 2 2 2 $] " r Tir -...I L
Rem 2 4 115 12
......................................
Cross S&c5ws lor CuLFFIN t4} 2 Is 41 16 44
HUCID PAv-ww St"(1) 2 2 4 2W 4
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,saw ciecie Drlvp,DurphIn Harbor and Canwas bark Cay
Final Design and Bid Phase Sr.Project Project Sanlvr Graduate ST.CADD
Mansgor Manager Designer EnglneerEIT ❑peralor SurontaCy
hOURLYRiATE: 5 184.00 5 1E5.0 6 145.00 5 11:v $ 137.0(}
SuhlOtal#lours 58 294 413 34C) 803
Subfialnllas 1(1,A72 $ 4m.61p S 59,865 S 34,730 $ 110.011 x MAW
4, 0 oslgn-lwmjor:t Manuatl
Consirud-on Cost Estima.es
inl wish all miklpro9 st+brnig8x a 11} 1$ 16 1$
Conrad D PanLs
(Praparad BCit exce�+t61A Form,SVYPPP LtioC,_TOC.Ca�lr 8 12 42
24 ........................ ..............� ..... ......................... ....... ................_.._......
R$ol�caYorr3
81r NnW Hours 4 52 115 i2 15 10
SUMMIFes S 4,418 S S,i60 $ 3.32D S 5,1J6C 5 2.122 $
R Rw ww and Approval
Itffl ,W�a.N "np—i"o^ A '^RV 12 _. 12 m„ 72 12
s subrwlr9l Re+aew iAe 4 4 4 .,,,,. ............................. ....._......
W%su m"R.,rlrw k+lart m_ ..._ 4
TRC Sutirrtlllal Rs nw MWl ......... ........ .............. .......W„ ,W.., ....... .........�..........
QA r 0C 24 24 2
Flap!Submiul(wkd plans and Pf0*I Manual} s 1$ 4
SubLotel Hours 66 4a 40 36 4 184
Sulk lA Fee $ 10.304 S T, 4 W0 $ 4.140 $ 5p, $ 23,712
SUBTOTAL FIN ALBESIGN BASIC$ERVI0fS
FOR 1 PACKAGE: $ 350,454
S. SWdlnp
Read„fr±aa.I,.. .........., ,W................. W. .,..W 1 .� 4
........................................ ...............I ..........,,.,,,,, ,....W,,,,,,..,....,,, ,,.......,,..,4 ...............
Ad.ddrrd3k 1
QFA Wllh Bidder# �2 2 4
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,South Circle Drive,Dolphin Harbor and Canvasback Cay
Final Design and Bid Phase Sr.Project Project Senior Graduate Sr.CARD
Manager Manager Designer Engineer EIT Operator Summary
HOURLY RATE: $ 184.00 $ 165,00 $ 145.00 $ 115.00 $ 137.00
Bid Tabulation and Low Bidder Recommendation 4 12 12
Subtotal Hours 8 17 0 26 0 51
Subtotal Fee $ 1,472 $ 21805 $ - $ 2,990 $ - $ 7,267
SUBTOTAL BID PHASE $ 7,267
SUMMARY
Sub-Total Final Design Phase Basic Services: $ 350,054.00
Architectural Services: $ 22,000.00
Tree Protection Plan $ 13,778.00
TDLR Review and Filing $ 750.00
SUB-TOTAL FINAL DESIGN PHASE $386,582
SUB-TOTAL BID PHASE $ 7,270
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,South Circle Drive,Dolphin Harbor and Canvasback Cay
Construction Phase Sr.Project Project Graduate CADD
Manager Manager Engineer Summary
HOURLY RATE: $ 184.00 $ 155.0c $ 115.00 $ 11 e i 0D
1. Construction Phase(With Inspection By City)
Prepare Contracts For Execution by Awarded Contractor 2 2
Review Contracts(bonds,insurance,etc) 4 2
Submit Contracts for Execution to-City
.-._............._.........._...._..._............_....._.._............_._._... ....._-._.-------- --•--•2 --- -•---2----- --........._........ .............._.._._.._.-.....
Attend Preconstruclion Conference ��-•-------•----------- ---- •k �-...- -- 8--- --8 -- �--- -----•--
Attend•Canstruction -------
540 a s 0 2 mt slmth X 2hrlmt 36 40 48
d
-----•(---y—/3-=18 mths X-----•--�-------------9�__._._._.-.-._._......_......__. ._.._....__._._.-.....-. -_.._..._------•--
Coordination with City staff 8 8 --- 8---- ---- —-- ---
Routine Construction Site Visits ------ -—---- -----6 --
540 days/30-18 mths X 1 vlmth X 4 hrly 36 72 36
....._.........�.-...........�...._.._ti._.__--------------•-•---�--•-----------•----• •------�----- �-._.........--_.-...._._...... ......-..__.....................__-•--•--•--'We�_Wl Construction Construction Site Meetings 36 36 36
-- -(540 da•+sue!30=18 mths/2=9 X 4 hr� _- _
Review and Respond to Submittals 36 64 80
Review and Respond to RFIs(assume 24) -_--..-.-.....--.--._.------------------24-- --•-- 48 ---- - ---72----. -..--- ------•--•-•---
Review Pay Applications(18) 18 54 --96
---- ---- ---------
Track Project Budget to Project Completeion ----.--.--------.-.. -.- 9--- --- 16 --- ---24 �- -..--- _--.-..--
PreparelReview Change Orders if requested by City------------ •-- 4-��- ----8_-- w.. 4_--- r---- -------
Assist City with HCFCD Coordination .-..--8 -... �.�24 -`-- ----8--- --TT-� ----.....--...--
Substantial Completion Walk-Thru 8 8 8
Final Construction Walk-Thrv-------- ------ --- - _ __.. - 12 ys------- ----------
--- --
Review Contract Close Out Documents -----.--------.-.----- ---- 1 ----- ---- 1 -- ---2----- .--.-. -- ,_
As-Built l Record Drawings---.--------------•------------- -•---$..-.. —._.. 24
..-.._,.. - 80 ---------
-- -- ---------- ^-- ----Subtotal Hours 231 415 476 80 1.202
Subtotal Fee $ 42,504 $ 64,325 S 54.740 $ 8,000 It 169,569
SUBTOTAL CONSTRUCTION PHASE BASIC SERVICES 1 1 $ 169.569
Sub-Total Construction Phase $ 169,569
TDLR Inspection Fees $ 2,000
Tree Protection Field Layout $ 4,400
SUB-TOTAL CONSTRUCTION PHASE $175,969
Fee Estimate
RW 2204 Reconstruction of Lantern Park Neighborhood,South Circle Drive,Dolphin Harbor and Canvasback Cay
Construction Phase Sr.Project Project Graduate CADD
Manager Manager Engineer Summary
HOURLY RATE: $ 184.00 $ 155.00 $ 115.00 $ 100.00
11
SUB-TOTAL REPRODUCTION $2,000
Exhibit'C'
PROJECT SCHEDULE
OW N(A kecanstruction of Lantern Park 1fe hboThood,Soulh Circle Drive,Dolphin Harbor and Canvasback
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