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R2022-078 2022-04-11DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620 RESOLUTION NO. R2022-78 A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with ARRK Engineers, LLC., for design services associated with the Westminster Subdivision Waterline Replacement Project, in the estimated amount of $109,750.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Westminster Subdivision Waterline Replacement Project, 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 for the Westminster Subdivision Waterline Replacement Project. PASSED, APPROVED and ADOPTED this the 11th day of April, A.D., 2022. ATTEST: -DocuSigned by: 4EEYFSG9 B&4G 4FA... LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: E•13CA 93,4E-1-F466 DARRIN M. COKER CITY ATTORNEY DocuSigned by: B48214615134F2__. J. KEVIN COLE MAYOR mos 0°0 -00 „ OLD A IN RD ( 11111 ))10 Dal 222) )11 1111 000 oo 175 10000 0 0 4 00 "likaanmagemocor,gg% .0.010/0,MINI,11,1,11111111.., i d / s dtfJ 10 00 9 167 4,71 igg i 0\0007 focar:' 0000 DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 EXHIBIT A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and ARKK Engineers, LLC. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Westminster Subdivision Waterline Replacement ("PROJECT"). (Project #WW2201) 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 provide professional 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 DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 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 DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end May 31, 2024. 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) $76,750.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $0.00 3. Bid Phase Services (Hourly Not to Exceed) $3,925.00 4. Construction Phase Services (Hourly Not to Exceed) $28,325.00 5. Reimbursable Expenses (Not to Exceed) $750.00 6. Total: $109,750.00 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 DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 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 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 DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 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., Ste. 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 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 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 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. DocuSigned by: 5/10/2022 110:40 AM CDT CI bris ARLAND, TEXAS DATE -.1C:Ilti C NSULTAN IL 3-30- 2022 DATE Design 6 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 House Bill 89 Verification 1, bav rdA t4t. KQSpe Pt (Person name), the undersigned representative (hereafter referred to as "Representative") of A R K O< F_ n g incer5, L G 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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 30 day of ,MIt rl' DAVID JANSSEN FATTIG Notary ID #131233869 1 My Commission Expires August 27, 2025 Notary Public Design 7 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-866885 Date Filed: 03/30/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ARKK Engineers LLC Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland 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. WA2201 Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only 6 UNSWORN DECLARATION My name is bel-NI r dt W • 16.6 re r , and my date of birth is , 4- // // 7o . My address is 3i t eoWIYv+on s V I.St L• 7ri t!. , ✓r-iLr>Trt7a!i 7 77356 aSA (street) (city) (state) (zip code) (caunay) declare under penalty of perjury that the foregoing is true and correct. Executed in ld 199 S County, to of 7----KA-S on the 3y day of " It, � rk . 20 2 2. (month) (year) Signature of authorize agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.N.us Version V1.1.191b5cdc DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 DTAPIA ARKKENG-01 ,4c4SPR0 CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 2/4/2022 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 Saturants Corporation Agency 10205 Westheimer Rd., Ste. 1100 Houston, TX 77042 CONTACT NAME: PHONE FAX (A/C, No, Ext): (713) 977-6606 (A/C, No): (713) 785-6722 E-MAILDESS: info@securancecorp.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED ARKK Engineers, LLC James Andrews 7322 S/W Frwy #1040 Houston, TX 77074 INSURER B : Continental Casualty Company 20443 INSURER C : American Casualty Co. of Reading, PA 20427 INSURER D : Lloyds of London 15792 INSURER E : INSURER F : 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 5085716164 12/17/2021 12/17/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGES (RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRX JECTO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY X SCHEDULED AUTOS AUUTOS ONEDY X X 5085716164 12/17/2021 12/17/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Perr acEcidentDAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE X X 5085716276 12/17/2021 12/17/2022 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X 5085716231 12/17/2021 12/17/2022 " PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D D Professional Liabili Professional Liabili ANE4320816.21 ANE4320816.21 11/14/2021 11/14/2021 11/14/2022 11/14/2022 Limit Aggregate 2,000,000 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: Sunrise Lakes Lift Station Rehabilitation Project CERTIFICATE HOLDER CANCELLATION Cityof Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE II6 dd ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 3265D9C8-1 BBF-410D-9925-1AB6B4CED222 AGENCY CUSTOMER ID: ARKKENG-01 LOC #: 1 DTAPIA ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Securance Corporation Agency POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 ADDITIONAL REMARKS NAIC CODE SEE P 1 NAMED INSURED ARKK Engineers, LLC James Andrews 7322 S/W Frwy #1040 Houston, TX 77074 EFFECTIVE DATE: SEE PAGE 1 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 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 ARKKENGINEERS February 17, 2022 Ms. Fatema Weekly Project Manager— Engineering & Capital Projects City of Pearland 2559 Hillhouse Pearland, Texas 77584 Re: Proposal for Engineering Services for the City of Pearland's "Westminister Transite Water Line Replacement Project" Dear Ms. Weekly: 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 is continuing its long-term program involving the replacement of water distribution lines that were manufactured and installed in the 1970's and 1980's under the trade name Transite. The City is experiencing a relatively large number of line breaks and maintenance issues on water lines made of this material, and wishes to ultimately replace these pipes with modern materials such as PVC or HDPE pipe materials. For this phase of the water line replacement program, City staff has requested that the water lines in the Westminister subdivision be considered for replacement. The transite water lines in this subdivision range from 2-inches diameter to 6-inches diameter. Water lines will be replaced on all streets within the limits of the subdivision and as identified by the City. The water lines will also be reconnected back to the newly installed water lines crossing Old Alvin Road that were recently replaced by the city as part of another project. The projected water line replacements total approximately 8,040 linear feet ranging in sizes from 6-inches diameter to 8-inches diameter. The estimated construction cost of these water line installations is $1,077,500. As discussed with City staff, 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 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 submitted to the City. As discussed with City staff, geotechnical investigative work will not be performed and therefore is not included in this proposal. During the construction of this project, the City of Pearland will provide an inspector to observe the progress of the construction and perform construction management services. Therefore, construction management and inspection services by ARKK Engineers personnel are not part of the scope of this project. This proposal addresses the engineering services ARKK Engineers will provide the City during the design, bid, and construction phases for the project. SCOPE OF WORK I. DESIGN PHASE SERVICES • Prepare project drawings based on subdivision plat data, and City provided aerial map data. • Meet with City staff to gather information pertaining to the existing details of the system. • Prepare project specifications, civil drawings, and bid documents based on the replacement of the water lines. For this project, the drawings will be in a "plan view only" format (no profiles/cross sections) at a scale of 1"=40'. Schematic layout maps will be prepared by ARKK and utilized for the drawings portion of the construction documents in lieu of obtaining detailed topographic surveys for all areas of the project. • ARKK will perform field reconnaissance of the water line replacement areas to obtain information on surface features and visible indication of utility conflicts that would impact construction. The information gathered from the field visit will be utilized to aid with the design efforts. • Prepare preliminary design of the water replacement work maximizing the use of trenchless construction methodologies. • Submit 30% plan drawings to the City for review and comments. • Incorporate comments into the design. • Submit 60% plan drawings, cost estimate, and project manual to the City for review and comments. • Coordinate with water line installation contractors for constructability review and comments. 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 • Incorporate comments into the bid documents. • Submit 90% plan drawings, updated cost estimate, and project manual to the City for review and comments. • Incorporate comments from the City into the final bid documents. • Submit 100% plan drawings, cost estimate, and project manual to the City for review and comments. • 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. 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 work related to this project. • 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. • 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. 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 • 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 ADMINISTRATION SERVICES • Attend pre -construction meeting to provide information & answer questions. • Review & comment on Contractor's submittals using the City of Pearland's submittal management process. • Review Contractor's RFI's and request for 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. • ARKK will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). ARKK's effort will be directed toward providing a greater degree of confidence for the City that the completed work of Contractor(s) will conform to the Contract Documents, but ARKK will not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During site visits and on the basis of on -site observations ARKK shall keep the City informed of the progress of the work, shall endeavor to guard the City against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. • Attend a Substantial Completion Walk Through inspection with City's Construction Manager, Contractor and City of Pearland Staff. • Review punch list of items generated by the City's Construction Manager for correction, and coordinate with City staff to confirm that the punch list items have been completed. 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 • Attend a final inspection of the Project and sign off the recommendation for Final Payment on the project. • Engineer shall provide one electronic copy of the record drawings on a CD based on the Contractor's provided red line marked up as -built drawings. FEE Design Services - lump sum amount of: Bid Phase Services: not to exceed amount of: Reproduction & Mileage: not to exceed amount of: Construction Administration Services: not to exceed amount of: $ 76,750 $ 3,925 $ 750 $ 28,325 Total Fee $ 109,750 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 • 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. /4-104LI 144-4ve‘titm. Madhu Kilambi, P.E. Senior Project Manager/ Principal 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872 DocuSign Envelope ID: 3265D9C8-1BBF-410D-9925-1AB6B4CED222 RATE SCHEDULE Employee Classification Billing Rate Senior Project Manager $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. 7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872