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R2020-157 2020-09-14RESOLUTION NO. R2020-157 A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with AARK Engineering Services, associated with Water Quality Program II (Oakbrook Estates), in the estimated amount of $99,200.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Water Quality Program II, 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 for design services associated with the Water Quality Program PASSED, APPROVED and ADOPTED this the 14th day of September L2020. , TOM REID MAYOR AT ST: SQTALCRM�,, TRMC, CMCCITY SECRETaRY APPROVED AS TO FORM: nza,.-- .1 (vjr,---, DARRIN M. COKER CITY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES 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 Water Quality (OakBrook Phase II) ("PROJECT"). (Project #WA2003) 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 August 31, 2022. 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: Basic Services (Lump Sum) $56,550.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Hourly Not to Exceed): $21,150.00 3. Bid Phase Services (Hourly Not to Exceed) $3,250.00 4. Construction Phase Services (Hourly Not to Exceed) $17,750.00 5. Reimbursable Expenses (Not to Exceed) $500.00 6. Total: $99,200.00 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 26a' day to the 25d' 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 0 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 AND 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 information 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. 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 15th 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. 2021 AND, TEXAS DATE q-1-2020 DATE Design 6 of 7 D2 Revised 04/2019 House 8iiii 89 Verification I,� u, �,( /�"czS j� e s-- (Person representative (hereafter referred to as "Representative") of name), the undersigned 7ql_Kl< C--)" 6 r :n e e rs, 1 C. (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. n SIGNATURE"OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this f day of 20 �. DAVID JANSSEN FATTIG Notary ID 1+131233869 My Commission Expires August 3, 2021 Notary Public Design 7 of 7 D2 Revised 04/2019 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 9 Request for Taxpayer Give Form to the Form Identification Number and Certification FM — requester. Do not (Rev. October 2018) entities, it is your employer identification number (EIN). If you do not have a number, see How to get a Department of the Treasury TIN, later. send to the IRS. Internal Revenue Service ► Go to wwwJrs.gov/Form W9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. ARKK Engineers L.L.C. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to mfollowing seven boxes. certain entities, not individuals; see a instructions on page 3): c ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation p El Partnership Trust/estate c single -member LLC Exempt payee code (if any) ao ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that a ° r� is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► s to--tsme Wn .da.a:a• me U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) CD 7322 Southwest Fwy. Ste. 1040 6 City, state, and ZIP code Houston, TX 77074 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other FM — m TTM entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 4 5 — 3 5 2 8 45 7 M45 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends,py are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, later. sign Signature of Here I U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number ([TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X F6rm W-9 (Rev. 10-2018) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. AleKK ;d W. �s e2- 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. /,/ //4 Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F-1 Yes F-1 No 51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts F-1 as descri in ection 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Y-&� /`1 Si 09fdre of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 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. 2020-663429 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 09/01/2020 being filed. City of Pearland Date Acknowledged: g 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. Oakbrook Water Quality Ph. li Consulting Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION n My name is �V rGe !i(/ . �S/7�� and my date of birth is l J / / 19 70 My address is l ( �hry ores U/S ta ✓r' u7 7 mQ f't �, 77-3.3(- USA. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 740�,NyI 1. County, State of C /q-.t _, on the / day of 20,7-026 _7c�ld. I (month) (year) - ignatur f authorize agent of contracting business entity (Declarant) Forms Drovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d ARKKENG-01 WMERCK ,416ft.ORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D N THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PNEHOFAX A/C, No, Ext): (713) 977-6606 (AIC, N,):(713) 785-6722 Securance Corporation Agency 3100 S Gessner Rd, Ste 560 Houston, TX 77063 p DRIE : info@securancecorp.com INSURERS AFFORDING COVERAGE NAIC # 12/17/2020 INSURER A: Valley Forge Insurance Company 20508 DAMAGE TO RENTED 300,000 INSURED INSURER B: Continental Casualty Company 20443 INSURER C: American Casualty Co. of Reading, PA 20427 ARKK Engineers, LLC James Andrews 7322 S/W Frwy #1040 INSURER 0: Lloyds of London INSURER E: Houston, TX 77074 INSURER F: AUTOMOBILE X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X X 5085716164 12/17/2019 12/17/2020 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 300,000 MED EXP (Any oneperson) 10,000 PERSONAL & ADV INJURY 19000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F� jECOT- FILOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON-SI4 AUTOS ONLY AUTO ONLY X X 5085716164 12/17/2019 12/17/2020 BINE1,000,000 i D BODILY INJURY Per arson BODILY INJURY Per accident PROPERTY DAMAGE Peraccident B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 5085716276 12/17/2019 12/17/2020 EACH OCCURRENCE 1,000,000 AGGREGATE 1,000,000 DED I X I RETENTION $ 10,000 C WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N FFICER/MEMBER EXCLUDED? a Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X 5085716231 12/17/2019 12/17/2020 X I STATUTE PER OH- ERT E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 11000,000 E.L. DISEASE - POLICY LIMIT D D Professional Professional ANE4320816.19 ANE4320816.19 11/14/2019 11/14/2019 11/14/2020 11/14/2020 Limit 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED ADDENDUM Project: Oakbrook Water Quality Program Phase II CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Pearland City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Dr Pearland, TX 77581 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ARKKENG-01 LOC #: 1 A ADDITIONAL REMARKS SCHEDULE WMERCK Page 1 of 1 AGENCY ecurance Cor oration A enc p g y NAMED INSURED ARKK Engineers, LLC James Andrews 7322 S/W Frwy #1040 Houston, TX 77074 POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance General Liability and Auto policies provide Blanket Additional Insured with Primary and Noncontributory wording. General Liability, Auto, and Workers Compensation provides Blanket Waiver of Subrogation, all where required in an executed written contract. 30 Days Notice of cancellation except for non payment of premium ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ARKKENGINEERS August 12, 2020 Ms. Morgan Early Project Manager— Engineering & Capital Projects City of Pearland 2559 Hillhouse Pearland, Texas 77584 Re: Proposal for Engineering and Construction Phase Services for the City of Pearland's "2020 Water Quality Design (Oakbrook & Oakbrook Estates — Phase 2" project Dear Ms. Early: ARKK Engineers, LLC (ARKK) is pleased to submit this proposal for engineering services associated with the referenced project. This proposal is based on our meetings and conversations and information provided by the City. A brief overview of the project and scope of services are provided below: GENERAL OVERVIEW The City of Pearland has implemented a multi-year water distribution system improvement project for the purpose of improving water quality at several locations in the City. This is accomplished by looping the dead-end water lines in the system and by providing improved flushing and cleaning provisions to dead-end lines. For this phase of the program, the improvements are planned in the Oakbrook Subdivision and the Oakbrook Estates Subdivision. The streets in which water line improvements are planned is shown as follows: Street Length New Size Map Code Oak Bent Drive 700' 6" 9 Oak Lake Circle 172' 6" 1 Branch Hill Drive 225' 6" 10 Scarlet Oak Drive 222' 8" 12 Oak Top Drive 249' 6" 13 E. Baden Oaks Drive 371' 6" & 4" 18 Dixie Hill Court 466' 6" & 4" 20 Oak Point Court 410' 8" & 6" 21 Continued on Next Page Page 1 of 8 # of Easements 2 3 2 1 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 Bracket Court Oak Leaf Circle N Pin Oak Drive Oak Point Ct. Oak Place Court Oak Trace Court Oak Chase Court Oak Bark Count Majestic Oaks Court Winding Forest Drive 291' 8" & 6" 22 1 235' 6" 7 - 200' 6" 23 - 212' 6" 19 - 189' 6" 24 - 167' 6" 25 - 167' 6" 26 - 275' 6" 27 1 363' 4" 28 - 343' 6" 29 1 Total: 5,257 LF of water line improvements 11 Easements Due to the anticipated small water line diameter (up to 6") and shallow installation depths, a budget for geotechnical engineering services is not included in this proposal. In the event that water lines are to be constructed deeper than 5-6 feet, or need to be constructed by directional drilling or bore & jack methods, ARKK will recommend that the City perform geotechnical engineering services as a contract amendment. As requested by the City, the design documents for the water line replacements will consist of specifications and schematic layout maps that will be utilized for the drawings portion of the construction documents (in lieu of obtaining detailed topographic surveys). If it is determined that more detailed information will be required for any of these project areas, then authorization to perform additional survey work will be obtained from the City and a separate proposal will be submitted to the City. This proposal addresses the engineering services ARKK Engineers will provide the City during the design and construction phases, including services such as plan reproduction and other services required for the project. 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 water modeling 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. SCOPE OF WORK I. DESIGN PHASE SERVICES • Prepare project base mapping based on subdivision plat data, City GIS data, and data from the County Appraisal District. Page 2 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 • Perform field reconnaissance of the project areas to obtain information that would impact design and construction. • Prepare project specifications, drawings, and bid documents based on the anticipated improvements. • Coordinate with water line installation contractors for constructability review and comments. • Upload to the City's Manage -It site the 30% plan drawings to the City for review and comments. • Incorporate comments into the design. • Upload to the City's Manage -It site the 60% plan drawings, cost estimate, and project manual to the City for review and comments. • Incorporate comments into the bid documents. • Upload to the City's Manage -It site 90% plan drawings, cost estimate, and project manual to the City for review and comments. • Incorporate comments from the City into the final bid documents. • Prepare a final cost estimate for the project. • Prepare electronic documents for the City's e -bid online procurement system. • Costs for reproduction will be charged under reproduction line item. • Reproduction for review sets, submittals to the City, governmental agencies, and utility companies will be included in the cost for reproduction. Design Phase Special Services: • Easement Documents o Prepare ownership and property location base map for determining location of proposed waterline easements for the project. Page 3 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 o Prepare survey exhibit with metes and bounds descriptions to be attached to easement agreements with various property owners. Survey exhibits to be on 8 %" x 11" sheets suitable for attached to easement document and filed with the County Clerk's Records o An estimated twelve (12) easement documents are needed for this phase of the project. o This proposal also includes easement documents for an additional five (5) easement descriptions that are needed for the Oakbrook Phase 1 project. A budget is also provided for one (1) additional easement document, as a contingency to be used only if needed. o The total number of easement descriptions included in this proposal is seventeen (17). • Topographic Survey o Due to the anticipated small water line diameter (2" through 6") and shallow installation depths, topographic surveying is not included in this proposal. • Geotechnical Services o Due to the anticipated small water line diameter (2" through 6") and shallow installation depths, a budget for geotechnical engineering services is not included in this proposal. o In the event that water lines are to be constructed deeper than 5-6 feet, or need to be constructed by directional drilling or bore & jack methods, ARKK will recommend that the City perform geotechnical engineering services as a contract amendment. • 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 and billed as a reimbursable expense. Page 4 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 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 water line improvements. • Assist in preparing a pre-bid meeting agenda. • Conduct a pre-bid conference for potential bidders. • During the bidding process, provide information to and answer questions from potential bidders concerning the Project's construction documents. • Prepare addendums as necessary. • Review the City's electronic bid tabulation for this project. Check the bids for mathematical errors and/or bid irregularities. • Prepare 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. • 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. Construction Administration Basic 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. Page 5 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 • 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. • 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. • Assist in conducting 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. Page 6 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 FEE Design Services - lump sum amount of: Easement Descriptions — Cost Plus 10% amount of: Reproduction — not to exceed amount of: Bid Phase Services - lump sum amount of: Construction Administration Services — Not to exceed amount of: Record Drawings- Not to Exceed amount of: Total Fee $54,800 $21,150 $500 $3,250 $17,750 $1,750 $99,200.00 ARKK Engineers, LLC will submit monthly progress invoices for all work completed to invoice date. Hourly Services will be based on the attached Rate Schedule. Additional Services beyond those described in the Scope of Services will be invoiced on the basis of the Rate Schedule and direct cost plus 10%. Mileage will be invoiced at the federal rate. No additional services beyond the scope of this proposal will be performed or invoiced without prior authorization from the City of Pearland. SCHEDULE • Plans complete to 30%: 60 days from Notice to Proceed. • 60% Plans complete: 60 days from receiving City comments on the 30% phase 0 90% Plans complete: 45 days from receiving City comments on the 30% phase • 100% Plans complete: 30 days from receiving City comments on the 90% phase ARKK Engineers 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. �•(�,,. Senior Project Manager / Principal Page 7 of 8 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 Engineer $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 8 of 8 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872