Ordinance No. 14,731ORDINANCE NO. 14,731
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH ARKK ENGINEERS, LLC, FOR THE 2020 STREET
RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND
FOUR HUNDRED FORTY-TWO AND N0I100 DOLLARS ($95,442.00); 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 the Second Amendment to the
Consulting Services Agreement with ARKK Engineers, LLC., for the 2020 Street Reconstruction Project.
A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to ARKK
Engineers, LLC, in an amount not to exceed NINETY-FIVE THOUSAND FOUR HUNDRED FORTY-
TWO AND NO./ 100 DOLLARS ($95,442.00) for consulting services in accordance with the amendment
authorized in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the a ative vote of the City Council of the City of
Baytown this the 13"' day of May, 2021.
B ON CAPETILLO, Jdayor
ATTEST:
o�•eNYTO{N4, r�
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ANGELA WCKSON, Interim>pCle ;
APPROVED AS TO FORM: '�r.`.' `'�•• Q'
GO
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KAR RNER, City Attorney
RAaren Homer\Documents\Files\City CouncihOrdinances\202 I Way 13WARKPSA42020StreetsAmendment.doc
EXHIBIT "A"
K
BMTOWN
Consulting Services Contract Amendment
Bluebill Bay Dr. & Angel Fish Dr., Fairway Drive, Savell Drive)
Date of Issuance: May 13.2021
Consultant: ARKK Engineers. LLC
Amendment No: 02
Project No: RW2002/RW2003/RW2004
PO#: 2007782
Explanation:
This Amendment encompasses the following: The scope of work for the Bay Oaks Harbor neighborhood will
be expanded to include two additional streets: Heron Inlet and Gulls Cut (an additional 1,800 LF). Previous
work was conducted a few years ago to improve the quality of the streets, however, the asphalt is exhibiting
signs of failure. To eliminate frequent maintenance and any issue with quality in the near future, the current
streets will be replaced with concrete. In addition to the poor roadway pavement conditions, the existing
sanitary sewer line will need to be replaced due to poor conditions. The extension to the scope of work warrants
additional engineering fees to capture additional survey, and design costs for time and effort. The budget for
this project will be able to support the required changes to the scope of work. Costs to be assigned to RW2002.
Description of Work
1. Design Phase Services
2. Topographic Surveying
3. Urban Forestry Services
4. Construction Phase Services
5. As Built Drawing Production Budget
Total
Cost
Time
$ 73,809.00
0 Days
$ 8,174.00
0 Days
$ 1,936.00
0 Days
$ 9,752.00
0 Days
$ 1,771.00
0 Days
$ 95,442.00 0 Days
Scope/Schedule: The additional scope of work and the schedule associated with the same, are attached hereto
as Exhibit "A" and incorporated herein for all intents and purposes.
Cost & Time Change Summarv:
Q11
Time
Original Contract:
$ 497,935.00
462 Days
Previous Amendment(s):
$ 139,856.00
N/A Days
Net increase (decrease) from this Amendment:
$ 95,442.00
0 Days
Revised Contract:
$ 733.233.00
JU Days
[Remainder of Page Purposely Left Blank]
Design 1 of 2 D6. Revised 04.20
Consultant agrees to perform change(s) included in this Contract Amendment for the price and time indicated.
The prices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work
included in the Amendment until this Amendment is executed.
Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the
terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this
Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as one
agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment
and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall
control. This Amendment lies been jointly negotiated by the parties hereunder and shall not be construed against
a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment.
By this Amendment, 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 Amendment, the Agreement or any other contract
or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit or to waive the City's sovereign immunity.
The persons executing this Agreement hereby represent that each party has the hull power and authority to enter
into and perform pursuant to this Amendment, and that each has been properly authorized and empowered to
enter into this Amendment.
Upon execution by All parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPROVED:
By: O r�.� 1.(.s [ Date: 4 -27-2-I
Considttuit
t!AQ14U tL t
Printed Nance
RiNGtI��,
Title
APPROVED:
By: Date:
RICHARD L. DAVIS. City Manager
APPROVED,AS TO CONTENT:
By: f t- — Date: 04/30/2021
FRANK O. SIMO�EAUX M. P.E.. PwE Director
APPROVED AS TO FUNDING:
By:
Date:
VICTOR BRMNMEES. Finance Director
Design 2 of 2 D6. Revised 04/20
Exhibit "A"
Amendment 2
SCOPE OF SERVICES
The scope of services in this Attachment "A" shall amend and supplement the existing Contract
between the City of Baytown and ARKK Engineers, LLC for the "2020 Streets Reconstruction
Project". The Contract for consulting services was approved by City of Baytown City Council at
the City Council Meeting on June 25, 2020. Contract Amendment No. 1 to the consulting
services agreement was approved by City Council via Ordinance No. 14 on September 10, 2020.
Contract Amendment No. 2 incorporates the additional engineering and construction phase
services associated with the addition of Heron Inlet and Gulls Cut to the Project. The additional
street reconstruction extends the length of Gulls Cut and Heron Inlet to the tie-in point at Bay
Oaks Harbor Drive (approximately 1,800 total feet). The scope of work includes roadway
reconstruction with concrete pavement curb and gutter section with limited underground
drainage improvements. The reconstructed concrete pavement streets will match the look of
the adjacent Bay Oaks Harbor Drive that was recently reconstructed. Based on input from City
staff, the existing sanitary sewer lines along these two streets will be replaced as part of this
project. Water lines along these two streets will only be replaced if they are conflict with the
proposed improvements. 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 steep
roadside ditches with a lowered curb and gutter pavement section with the addition of storm
sewers and inlets as needed to meeting minimum design criteria.
This proposal also includes the additional services associated with this design such as surveying
and urban forestry services. Geotechnical services are not included, as ARKK will utilize
geotechnical information from previous projects. Following is a breakdown of the additional
services:
• Topographic Survey: Topographic survey of approximately 1,930 L.F. of streets
(includes Heron Inlet and Gulls Cut plus intersecting side streets).
• Urban Forestry: Additional Urban Forestry services, including a tree protection plan, for
the additional streets shall be provided in accordance with the attached proposal from
C.N. Koehl Urban Forestry, Inc.
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