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R2019-164 2019-07-08 • RESOLUTION NO. R2019-164 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with ARKK Engineers, LLC, in the amount of$187,860.00, for design services associated with the Mimosa Acres Drainage Improvement Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and ARKK Engineers, LLC, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute, and the City Secretary to attest, a contract with ARKK Engineers, LLC for design services associated with the Mimosa Acres Drainage Improvement Project. PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2019. li"' I� 1S: TOM REID ='' �" MAYOR •\`` ATTEST: -'4181111%10 MARIA RODRIGUEZ G� INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. 82019-164 Exhibit A CONTRACT FOR PROFESSIONAL SERVICESI THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and ARKK Engineers ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Mimosa Acres Drainage Improvements ("PROJECT"). (Project#DR1902) SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The 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 version 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 TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 7 D2.Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT,CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, 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 errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers,employees,agents,or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 7 D2 Revised 04/2019 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end February 28, 2021. SECTION III -CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $101,210.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $54,610.00 3. Bid Phase Services (Hourly Not to Exceed) $3,990.00 4. Construction Phase Services (Hourly Not to Exceed) $27,050.00 5. Reimbursable Expenses (Not to Exceed) $1,000.00 6. Total: $187,860.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable"the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. Design 3 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work • category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office LAND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for infoimation from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection,review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 4 of 7 D2 Revised 04/2019 SECTION V-TERMINATION A. The CITY, at its sole discretion,may terminate this CONTRACT for any reason -- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 7322 Southwest Fwy, Suite 1040, Houston, TX 77074. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15`h day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this,the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 5 of 7 D2 Revised 04/2019 SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person,other than a bona fide employee, any fee,commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission,percentage brokerage fee,gift, or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. wI tom'OF r A' AND,TEXAS DATE /410 lit 4 -1 q-- zoli CONSULTANT DATE Design 6 of 7 D2 Revised O4/20I9 House Bill 89 Verification I, M tiCL Ju. NA' 61 (Person name), the undersigned represen tive (hereafter referred to as "Representative") of AtKVV ChjiheerS1 LLQ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen(18)years of age, after being duly sworn by the undersigned notary,do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term"boycott Israel"is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. /t61/AA, W(& L SIGNATURE OF REPRESENTATIVE £SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /7,6jo. day of <J ur)G , 20/9. ' DAVID S�` NtaryIID73 2331969 a a.../ (..).,,,z ,c-„- ,, rmt* My Commission Expires e August 3,2021 § �. _ _ , . Notary Public Design 7 of 7 D2 Revised 04/2019 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-506822 ARKK Engineers Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/19/2019 being filed. City of Pearland Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Mimosa Acres Drainage Consulting engineering services Nature of interest 4 Name of interested Party City,State,Country{Place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name Is Da-At r"et bit/. /eel . and my date of birth is /1-' 11"( q 70 My address is 3(f ' ec iyrews V is.ht p,., , Y 17 331- . LtrrrS. (street) (dty) (slate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1-/a rr!5 County, State o (G SFAs ,on the 111 day of u____ .20 /1. (month) (year) nature authorized--rrt • contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1,39180390 JRKKENGINEERS June 6, 2019 Ms. Fatema Weekly Project Manager- Engineering & Capital Projects City of Pearland 2559 Hillhouse Pearland,TX 77584 Re: Proposal for Engineering Services for Mimosa Acres Drainage Improvements Final Design & Construction Phase Services Dear Ms. Weekly: As requested, ARKK Engineers, LLC (ARKK) is pleased to submit this proposal for performing engineering services related to drainage improvements in the Mimosa Acres subdivision. The proposal is based on our understanding of the project as discussed in our previous meetings and conversations. The City has previously completed the Preliminary Engineering design phase for this project. This proposal'addresses the services to be provided by ARKK during the Final Design Phase, Bid Phase, and the Construction Phase of the project. The project limits include the following streets: • Francis Drive between Pear Street and Cherry Street • Halbert Drive between Pear Street and Cherry Street • Cunningham Drive between Pear Street and Cherry Street • Lynn Drive between Pear Street and Cherry Street • Woody Road between Pear Street and Cherry Street • Pear Street between Woody Road and Francis Drive • Cherry Street between Woody Road and Mykawa Road The anticipated improvements will involve a combination of one or more of the following, with the goal being to reduce nuisance street flooding and, where possible, the probability of structure flooding: • Roadside ditch regrading • Driveway culvert replacement, and possible upsizing • Driveway culvert cleaning • Storm sewer and inlet installations • Street pavement repair Page 1 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872 • Street culvert replacement and possible upsizing • Street reconstruction with curb and gutter pavement (Cherry Street only) The project cost estimate reflected in the preliminary engineering report is $1.69 million, which includes construction, design, construction management, and construction quality control testing. This proposal does not include construction management and inspection services. ARKK Engineers will submit a separate proposal if requested by the City at a later date. This proposal does not include performing any environmental studies and hydraulic analysis for the project area. Construction materials testing services are also not included, as we understand that the City will contract directly with a material testing firm during construction. This proposal addresses the engineering services ARKK Engineers will provide the City during the final design, bid, and construction phases, including such services as topographic surveying, geotechnical engineering, plan reproduction, and other services required for the project. SCOPE OF SERVICES I. FINAL DESIGN PHASE • Conduct a kickoff meeting with the City. • Employ and coordinate with project sub-consultants, to include civil, geotechnical, surveying as needed. • Obtain from the City available water, sanitary sewer, and storm sewer block maps, and any as-built/record drawings, LIDAR data, as part of the data collection efforts. • Obtain information on the existing private utilities (gas, electric, cable, pipelines, etc.) for the street areas. • Perform a site reconnaissance visit to all the streets identified as part of the Project. • Verify pavement conditions and existing City utility locations. • Coordinate with other governmental entities which may be impacted by the project. • Prepare base mapping of the street project areas. • Review preliminary engineering report prepared by others and review alternatives for improvements. Page 2 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 • Meet with City staff to go over the recommendations. Make adjustments as necessary based on input from City. • • Prepare final Drawings indicating the scope, extent, and character of the Work to be performed and furnished by the Contractor. Provide design documents for review by the City at 30%, 60%, 90%, and 100% stages of completion, including presentation to the Technical Review Committee and subsequent design revisions and updates. • Prepare for and attend project design status meetings with the City staff. • Prepare design plans and technical specifications for the proposed drainage and paving improvements for the streets which constitute the Project; based on a total project budget of $1.69 million (which reflects an approximate construction cost of $1.24 million). • The format of the front-end contract documents will be supplied by the City. • Prepare project-specific construction notes and specifications. Specifications will be prepared in conformance with City standards except when City standard specifications do not address the proposed specific area of work. • The standard Owner detail sheets for water, sewer, storm, paving, and typical cross sections shall be included in the project plans. • All geometric design shall be in conformance with the applicable City standards, except where variances are permitted, applicable Harris County standards, Brazoria County standards, and TMUTCD. • Consult with the City and affected utility companies to define and clarify the project requirements and available related data. • Meet and/or coordinate with the City, Brazoria County DD4, stakeholders, utility owners, as needed to facilitate coordination and approval of the Construction Documents. • Upload to the City's Manage-It site the 60% plan drawings, cost estimate, and project manual to the City for review and comments. • Revise the 60% submittal in response to City's and other parties' comments, as appropriate, and incorporate such revisions in the 90% Bidding Documents. Page 3 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 • Upload to the City's Manage-It site 90% plan drawings, cost estimate, and project manual to the City for review and comments. • Revise the 90% submittal in response to City's and other parties' comments, as appropriate, and incorporate such revisions in the 100% Bidding Documents. • Prepare quantity take offs and an opinion of probable construction cost for the proposed improvements at the 60%, 90%, and 100% milestones. • Prepare electronic documents for the City's e-bid online procurement system. • Submit final plans to subcontractor for TDLR plan review in accordance with State regulations (only when required by State law). Final Design Phase Special Services: • Topographic Survey o Design Phase survey services will be performed as described in the attached professional surveying services proposal by Ellis Surveying to ARKK Engineers dated April 29, 2019. o The general scope of work includes topographic surveying for all project areas, and includes obtaining elevations of the project area's homes front porch/threshold. • Geotechnical Services o Geotechnical Services will be performed per the attached proposal from Geotest Engineering to ARKK Engineers dated April 23, 2019. The proposal provides for 6 borings having a total vertical footage of 80 feet, testing, and an engineering report. • Traffic Control Plans o Prepare Traffic Control Plans for the routing of traffic for all streets within the project areas. This plan will include signs and lane closures to complete the proposed improvements. Page 4 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872 • Storm Water Pollution Prevention Plan o Prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Texas National Pollutant Discharge Elimination System (TPDES) General Permit for Storm Water Discharge from construction for all project areas. • TDLR (Texas Department of Licensing and Regulation) Review o TDLR Review: In the event that the magnitude of the project triggers a formal ADA compliance review, an ADA review shall be provided and plans shall be submitted to the TDLR by ARKK, and would be reviewed in accordance with Texas Architectural Barriers Project Registration (TABPR) guidelines. When applicable, ENGINEER will submit the drawings to a State licensed reviewer for review and approval. ENGINEER will prepare the TABPR application and estimate the review fee. ENGINEER will submit the completed application and a set of construction drawings to the reviewer for review and approval. ENGINEER 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. • Reproduction o Reproduction of plans, reports, and specifications for review sets submittals to the City, governmental agencies, and utility companies will be included in the cost for reproduction. II. BID PHASE SERVICES • The City of Pearland will advertise the project and will absorb all related advertising costs. ARKK will coordinate with the City and will assist in developing the wording of the advertisement and the electronic Bid Form. • Notify local contractors specializing in paving and drainage improvements. • Conduct a pre-bid conference for potential bidders. Prepare pre-bid meeting agenda and minutes summary. • During the bidding process, provide information to and answer questions from potential bidders concerning the Project's construction documents. Page 5 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • (713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 • Prepare addendums as necessary. • Review the City's electronic bid tabulation for this project. Check the bids for mathematical errors and/or bid irregularities. • Evaluate the bids and the qualifications of the apparent low bidders and advise the City as to the acceptability of the apparent low bidder. Review contractor's references provided. • Prepare of letter of recommendation for award of construction contract. • Attend and participate in City Council meeting to award the construction contract. • Produce and transmit to the selected Contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award letter. III. CONSTRUCTION PHASE SERVICES A. Construction Administration Services • Attend pre-construction meeting to provide information & answer questions. • Review & comment on Construction's submittals using the City of Pearland's Manage-It system. • Review change orders necessitated by field conditions. • Review and approve contractor's monthly progress pay estimates. • Attend monthly progress meetings w/Construction Manager, Contractor, and City of Pearland staff for this project. • Provide interpretive guidance for Contractor and Construction Manager in resolution of problems. • Respond to Contractor's Requests for Information (RFI's) as required. • 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. Page 6 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872 • 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. • Conduct a Substantial Completion Walk Through inspection w/ Construction Manager, Contractor and City of Pearland Staff. • Review punch list of items generated by the Construction Manager for correction, and substantiate that the punch list items have been completed with accuracy. • Conduct a final inspection of the Project and make a recommendation for Final Payment on the project. Provide the City with a letter for Recommendation for Final Acceptance of Project. • Engineer shall provide one electronic copy of the drawings on a CD based on the Contractor's provided red line marked up as-built drawings. FEE SUMMARY The fee for the services are as follows: Final Design Services: the lump sum amount of: $88,060.00 Topographic Survey: (Cost plus 10%) Not—to-Exceed: $43,600.00 Geotechnical Services: (Cost plus 10%) Not—to-Exceed: $8,510.00 Traffic Control Plan: the lump sum amount of: $9,575.00 Storm Water Pollution Prevention Plan: the lump sum amount of: $3,575.00 TDLR Budget Items: Hourly & Cost Plus 10% $2,500.00 Reproduction: Not-to-Exceed: $1,000.00 Bid Phase Services: not to exceed amount of: $3,990.00 Construction Administration Services: — Not to exceed amount of: $27,050.00 Total: $187,860.00 ARKK Engineers, LLC will submit monthly progress invoices for all work completed to invoice date. Monthly invoice submission will include detailed progress report outlining items that make up invoice. Hourly charges for office personnel shall be charged based on a raw labor Page 7 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • (713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 rates times a multiplier of 2.99. Reimbursable expenses and subcontracted Special Services will be charged at cost plus 10%. Mileage will be charged at the current IRS prevailing rate. Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor costs times a factor of 2.99 and direct cost plus 10% upon approval from the City. No additional services will be performed or invoiced without prior authorization form the City of Pearland. ARKK Engineers, LLC appreciates the opportunity to submit this proposal and we look forward to continuing our work with the City of Pearland. Sincerely, ARKK ENGINEERS, LLC. Madhu Kilambi, P.E. Sr. Project Manager/Principal Page 8 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872 SCHEDULE • 60% project drawings, and technical specifications: 150 days from Notice to Proceed o Deliverables: Design drawings; Drainage improvements plan & profile; updated construction cost estimate update; specifications table of contents; any special specifications; • 90% project drawings, and technical specifications: 225 days from Notice to Proceed o Deliverables: Draft plans and specifications of the proposed drainage improvements; Draft contract documents and technical specifications; updated construction cost estimate. • 100% project drawings and technical specifications: 270 days from Notice to Proceed o Deliverables: Bid-ready plans and specifications. Page 9 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 RATE SCHEDULE Employee Classification Billing Rate Project Principal $190/hour Senior Construction Manager $190/hour Senior Project Manager $186/hour Project Engineer $135/hour Senior Designer $125/hour CADD Operator $ 90/hour Construction Technician $ 85/hour Reimbursable expenses will be charged at cost plus 10%. Mileage will be charged at the current IRS prevailing rate. Page 10 of 10 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • (713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872 ..j, GEOTEST ENGINEERING, INC Gc'otethnfcat Eng{neer_&Materials Testing 5600 Bintliff drive Houston,Texas 77036 Teleplione:(713)266-0588 Fax:(713)266.2977 • Proposal No. 1140453699 April 23, 2019 Mr. David Kasper, P.E. ARKK Engineers, Inc. 7322 Southwest Freeway, Suite 1040 Houston, Texas 77074 Re: Proposal for Geotechnical Services City of Pearland's Mimosa Acres Drainage and Paving Project City of Pearland, Texas Dear Mr. Kasper: In accordance with your request on April 22, 2019, Geotest Engineering, Inc. is pleased to submit this proposal for the referenced project. Based on the provided information, we understand that the scope of the project will include the following tasks along various streets in the City of Pearland, Texas. • Construction of storm sewers,up to 48 inches in diameter; • Asphalt pavement recycling; • Asphalt pavement overlay and street repairs; • Reconstruction of new concrete curb and gutter streets. It is our understanding that the maximum invert depth of the proposed storm sewers is approximately 5 feet below existing pavement, and will be installed primarily by open-cut method of construction. Purpose and Scope The purpose of this investigation is to explore subsurface soil and water level conditions for the proposed improvements along various streets in City of Pearland, Texas. The scope of this investigation is based on the information provided to us in your e-mail on April 22, 2019, and will include the following tasks: • Coring the existing pavement along Cherry Street and W. Pearland Street to obtain the existing pavement thickness and for boring access; Mr. David Kasper,P.E. Proposal No. 1140453699 Page 2 April 23,2019 • Drilling and sampling: ■ four (4) soil borings each to a depth of 15 feet along Cherry Street from Lynn Drive to Mykawa Road; ■ two (2) soil borings each to a depth of 10 feet along W. Pearland Street from Lynn Drive to Halbert Drive. The number and depth of borings is as suggested by ARKK Engineers, Inc. • Grouting all boreholes using non-shrink cement bentonite grout after completion of drilling and water level measurements. The use of cement bentonite grout will eliminate the potential problems and safety hazards associated with surface settlements that might occur if boreholes are backfilled with soil cuttings. • Perfouuing appropriate laboratory tests on selected representative soil samples to develop the engineering properties of the soil. • Perform engineering analyses to develop geotechnical recommendations for pavement thickness including subgrade stabilization for the pavement construction, bedding and backfill and water level control for proposed stoitu sewer installation, • Prepare a geotechnical investigation report including field and laboratory data and geotechnical recommendations. It is our understanding that your surveyors will tie-in our borings after completion of the drilling. Project Schedule We should be able to start the fieldwork within one (1) week after receiving your written authorization or one (1) week after receiving lane closure permits (if any), whichever is later. It is estimated that the fieldwork will be completed in about one (1) week barring bad weather. The laboratory tests will be completed in about two (2) weeks. A geotechnical report, which will include field and laboratory data and Mr. David Kasper, P.E. Proposal No. 1140453699 Page 3 April 23,2019 geotechnical recommendations, will be submitted in about eight (8) weeks after receiving your notice-to-proceed. Cost Based on the scope of work outlined above, the cost of the field investigation, laboratory testing, engineering analyses and geotechnical report will be a lump sum amount of$7,729.00. The cost breakdown given in Attachment No. 1 is for additional information only. The invoices will be billed on Lump Sum basis based on percent completion. This cost is based on the assumption that the site is accessible to a truck mounted drilling rig and no site clearance will be required. We appreciate the opportunity to propose on this project. We hope that this proposal meets your approval. If you have any questions, please call us at (713) 266- 0588. Please indicate your formal acceptance by signing one copy of this letter in the space below and returning one original to us. Sincerely, GEOTEST ENGINEERING, INC. TBPE Registration No. F-410 ::-V.4,,,, ,__. ,___ 0 . _ - Krishna M. Pradeep Graduate Engineer Naresh Kolli, P.E. Project Manager NK\kmp Copies Submitted: (1-PDF) Enclosure: Attachment No. 1 -Cost Breakdown P C3 8\Geotechnical\Proposals\40453 699.DOC ACCEPTED BY: PRINTED NAME: TITLE: DATE: Geotechnical Investigation Geotest Engineering,Inc. City of Pearland's Mimosa Paving and Draiange Project Proposal No: 1140453699 City of Pearland,Texas ATTACHMENT NO. 1 COST BREAKDOWN Quantity Unit Unit Cost Amount Field Investigation Mob and Demob of Truck Mounted Drilling Rig I LS $340.00 $340.00 Drilling and Continous Sampling(0'-20') 80.0 ft. $19.00 $1,520.00 Grouting of Completed Bore Holes 80.0 ft. $6.00 $480.00 Utility Clerance for Boring Locations,Marking borings and Field Coordination 5.0 hr. $65.00 $325.00 Concrete Coring(4"Dia up to 6"Thickness) 6.0 ea. $90.00 $540.00 Vehicle Charge 5.0 hr. $10.00 $50.00 Traffic Control Cost for Minor Street 1.0 day $600.00 $600.00 Subtotal $3,855.00 Laboratory Testing Liquid and Plastic Limits 8 ea. $60.00 $480.00 Moisture Content Only 32 ea. $9.00 $288.00 Percent Passing No.200 Sieve 8 ea. $46.00 $368.00 Unconsolidated Undrained Triaxial Compression 8 ea. $61.00 $488.00 Subtotal $1,624.00 Engineering Services Principal or Sr.Consultant 1.0 hrs. $210.00 $210.00 Sr.Engineer 4 hrs. $150.00 $600.00 Project Engineer 12 hrs. $105.00 $1,260.00 Support Personnel,Word Processing 3 hrs. $60.00 $180.00 Subtotal $2,250.00 Total $7,729.00 PC38\Geotechnical\Proposals\40453699.xls\Cost Breakdown 0 ...... , ELLIS i , 4 .„ , , , .,, , ., , „. 4 , 1,. : , , ^ LLC,PROFESSIONAL LAND SURVEYORS ARKK Engineers 7322 Southwest Freeway Suite 1040 Houston,Texas 77074 713-400-2755 Attn: Mr. Dave Kasper, P.E. Date:April 29,2019 Re:City of Pearland Mimosa Dear Mr.Kasper Introduction Thank you for the opportunity to provide this proposal for surveying services for the above referenced project. Based on your email and supplied maps we have identified a scope of work and a lump sum fee for your project. Project Overview Prepare a topographic survey for use in the design of new streets and drainage improvement for the City of Pearland's Mimosa Addition Project. Scope of Work o The survey will extend from right of way to right of way plus an additional 10 feet on each side of the right of way(when accessible)at 50-foot cross section intervals.Shots of sanitary manholes, water valves, and other utilities will be included in the survey.Sanitary and storm sewer invert elevations will be obtained. Existing culvert invert elevation and sized will be acquired. o Survey will include the flowline of both ends of all driveway and sidewalk culverts and the existing ditch ground elevation next to the culvert to be used to determine the degree of culvert burial. o Survey of the Cherry Street Ditch to include topo of the north bank side including toe and ditch depth and sufficient survey on along the south side to determine ditch geometry. Ditch survey to include the culvert size and flowlines and roadway elevations where is crosses under Mykawa Road. o Survey to include the elevation and location of the front door threshold of the houses (57)facing the surveyed streets. o Survey will be prepared in accordance with ARKK Engineering survey requirements with the exception that Ellis Surveying Services makes no warranty that all the underground utilities within the project area have been depicted on the survey. Ellis Surveying Services will notify Texas One- Call of the survey date and request that all underground utilities be marked, all marked utility locations will be shown on the survey but the locations should be considered as approximate. o Survey will be tied to State Plane Coordinates(NAD83)Texas South Central Zone Elevation data to be tied to NAVD88 Geoidl2B. o Ellis survey will supply autocad file and point files in ACAD 2020 format and will supply completed and signed"Control Map"of project. Schedule of Fees Registered Professional Land Surveyor $ 150/hr. Survey Field Crew Including Equipment $205/hr. Cad Tech $85/hr. Courthouse Research $65.00/hr. Page 1 of 2 Initial Initial 2805 25th Ave.North TEXAS CITY TX.77590 TEL: 409-938-8700 info(a,ellissu rvev.com Texas Firm Reg.No.100340-00 i:,,,,., , ., , i.r. ,., . ii ,,.„., : ,I! ter., , rto 1. LLC,PROFESSIONAL LAND SURVEYORS Fees, Budget&Schedule Project Survey Sub-Area Street Length of Cost per Subtotal by Project No Survey Linear Area Foot 1 Cherry 2,100 $3.75 $7,875.00 2 Mykawa 300 $3.75 $1,125.00 3 W.Pear 1,200 $3.75 $4,500.00 4 Woody 845 $3.75 $3,168.75 5 Lynn 845 $3.75 $3,168.75 6 Cunningham 845 $3.75 $3,168.75 7 Halbert 845 $3.75 $3,168.75 8 Francis 1,138 $3.75 $4,267.50 9 Willow 150 $3.75 $562.50 10 Cedar 150 $3.75 $562.50 11 Cherry St Ditch 800 $2.00 $1,600.00 12 Pear St Ditch Ext. 380 $2.00 $760.00 12 Slab Elevation 57 $100.00 $5,700.00 TOTAL $39,627.50 Please sign and return one original copy of this letter to signify your approval and acceptance.We appreciate this opportunity to serve you. Sincerely, Ellis Surveying Services Robert Ellis, RPLS Contract accepted this (Day)of 2019. By: Page 2 of 2 Initial Initial 2805 25'h Ave.North TEXAS CITY TX.77590 TEL: 409-938-8700 info(a1 elli s s u rvev.co m Texas Firm Reg.No. 100340-00