R-2014-112 2014-09-22 RESOLUTION NO. R2014-112
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a contract for
engineering services with AARK Engineering, in the amount of
$155,250.00, for the Southdown Wastewater Treatment Plant
Rehabilitation Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That engineering contract, 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 engineering services associated with the
Southdown Wastewater Treatment Rehabilitation Project.
PASSED, APPROVED and ADOPTED this the 22nd day of September,A.D., 2014.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-112
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("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known
and described as Southdown Wastewater Treatment Plant Rehabilitation("PROJECT"). (Project#
WW1201)
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 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.
Design 1 of6 Dl.Revised 1/14
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 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. 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.
Design 2 of6 DI.Revised 1/14
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.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end 450 calendar days after the notice to
proceed is issued.
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. Design and Bid Phase(Lump Sum) $76,100.00
2. Reproduction: Cost plus 10%amount of: $750.00
3. Construction Administration Services (Lump Sum) $13,400.00
4. Construction Management& Inspection Services (Hourly not
to Exceed and cost plus 10%) $61,725.00
5. Daily Vehicle Cost($25 daily)vehicle cost, not to exceed) $3,275.00
6. Total: $155,250.00
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.
Design 3 of6 Dl.Revised 1/14
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.
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 Freeway Suite 1040, Houston,
Texas 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.
Design 4 of6 D1.Revised 1/14
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.
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.
Design 5 of 6 D1.Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
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Design 6 of 6 DI.Revised 1/14
AR KKENGINEERS
August 22, 2014
Mr. Skipper Jones MPM, CIPM
Assistant Director, Projects Department
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Proposal for Engineering Services for Improvements to the Southdown Wastewater
Treatment Plant
Dear Mr. Jones:
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
Based on our site visits to the Southdown Wastewater Treatment Plant, and as documented in
our 2012 planning report for the Southdown Service Area, ARKK has developed a list of
improvements that should be made to the Southdown WWTP in order to extend the life of the
plant and to improve plant operations. The plant is generally in good condition overall, but
does have some areas where improvements would be very beneficial. These needed
improvements can be summarized as:
• Rehabilitate influent lift station wet well with corrosion-resistant wall liner; Replace
pump discharge piping within the wet well.
• Retrofit and rehabilitate the two existing Parkson rotating fine screens.
• Replace sludge airlift pump boxes in aeration basins with stainless steel
• Install process water sprayer assembly at existing clarifier
• Drain clarifier and replace corner sweeps on clarifier mechanism; install custom
stamford baffles on square clarifiers.
• Repair sand filter (media, cell walls, misc. mechanical repairs).
• Install gravel road between WWTP and McHard Extension to reroute sludge trucks away
from neighborhood; install chain link gate at plant; Install bar gate at McHard; connect
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
gravel road to concrete driveway at McHard; and provide an asphalt surface on the
proposed gravel road if funds allow.
In addition to the above items, City staff has identified additional items that should be
performed at the WWTP. These are summarized as follows:
• Replace drain valve for the chlorine contact basin.
• Replace check valves the lift station discharge piping.
• Replace clamp with piping at lift station
• Paint all piping and valves at the plant
• Add non potable lines to the front of plant and bury
• Bury existing non potable lines
• Replace lift pumps in lift station
• Replace the manual bar screen and box at the plant headworks
• Extend non-potable water to the Parkson fine screens.
• Replace baffles on clarifier#1
• Reseal leaking weirs on clarifiers
• Install new larger scum trough and arm on clarifiers
• Add new pumps (backwash and skimmer) to sand filter)
• Replace backwash trough on sand filter
• Replace valve on back of sand filter (leaks)
• Replace return boxes
• New clarifier drives on both clarifiers
• Replace air valves on both digesters
• Replace all air drops broken /rusted in aeration and splitter box
• Install a curb around the headworks/dumpster area
• Replace all rusted valves
An order-of-magnitude construction cost of the above listed items is $975,000.
SCOPE OF SERVICES
A. DESIGN AND BID PHASE
• ARKK will prepare:
o Construction contract documents suitable for bidding in the City's format.
o Technical specifications of the proposed work items.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
o Detailed summary of work document describing in detail the work to be
performed.
o Any drawings prepared will be 8.5x11 or 11x17 and bound with the technical
specifications.
• Lift Station Rehabilitation — ARKK will prepare a schematic sketch (11x17
drawing) of the lift station and technical specifications for the
rehabilitation of the wet well walls.
• Special Equipment Repair and Service —ARKK will prepare a written scope
of work (drawings not required for this work).
• Road and Site Work—ARKK will prepare:
• A schematic plan view sketch (11x17 drawing) of the gravel road
alignment, which will connect to the existing concrete driveway
on McHard Road
• Gravel road cross section detail
• Chain link fence and gate detail
• Bar gate detail
• Mechanical and Process Improvements—ARKK will prepare:
• Schematic details (8.5x11 drawings to be bound with the technical
specifications) of items where it is determined that more detail is
needed to bid and construct the mechanical & process equipment
improvements.
• Provide two (2) draft sets of 60% and 90% completion design documents and cost
estimates for the project for City review and comments.
o ARKK will assist the City to advertise for bids. These tasks include the following
items:
• During the bidding process, provide information to and answer questions
from potential bidders concerning the Project's construction documents.
• Coordinate and participate in the pre-bid conference for the project.
• Evaluate the bids and the qualifications of the apparent low bidder and
advise the City as to the acceptability of the apparent low bidder and
prepare a letter of recommendation.
• This scope does not include any surveying services or geotechnical services, as these are
not believed to be needed at this time.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872
B. CONSTRUCTION PHASE
Construction Administration Services
• Conduct a pre-construction conference for the project.
• Act as the City's Project representative during the construction phase.
• Review and respond accordingly to all submittals as required by the contract
specifications.
• Prepare change orders necessitated by field conditions.
• Review the contractor's pay estimates, evaluate the completion of work and make
payment recommendations to the City.
• Visit the site at intervals appropriate to the various stages of construction to observe the
progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents.
• ARKK will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions and
programs incident to the work of the Contractor(s). ARKK's effort will be directed
toward providing a greater degree of confidence for the City that the completed work of
Contractor(s) will conform to the Contract Documents, but ARKK will not be responsible
for the failure of Contractor(s) to perform the work in accordance with the Contract
Documents. During site visits and on the basis of on-site observations ARKK shall keep
the City informed of the progress of the work, shall endeavor to guard the City against
defects and deficiencies in such work and may disapprove or reject work failing to
conform to the Contract Documents.
• Conduct a final inspection of the Project and make a recommendation for Final Payment
on the project.
Construction Management & Inspection Services
• ARKK will provide Construction Management and Inspection services that will include
providing one (1) project site representative to observe the construction of the
proposed improvements. The estimated construction duration for the project is 210
calendar days.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
• The fee budget for the construction observation services is based on the site
representative being on site an average 20 hours/week for the 210 day calendar day
project. The Construction Inspector will be on-site for fewer days per week during the
initial and completion stages of the work, and more often during the middle portion of
the construction contract when the work is most active.
• ARKK personnel will coordinate with the City and the Construction Contractor regarding
the construction activities.
• Provide engineering and technical office personnel support throughout construction.
These office personnel, consisting of Professional Engineers and design staff, provide
on-site support to address contractor's questions, and resolve conflicts uncovered in the
field.
FEE
Design and Bid Phase: The lump sum amount of: $76,100.00
Reproduction: Cost plus 10%amount of: $750.00
Construction Administration Services: The lump sum amount of: $13,400.00
Construction Management & Inspection Services:
(Hourly not to Exceed and cost plus 10%) $61,725.00
Daily Vehicle Cost: ($25 daily) vehicle cost, not to exceed) $ 3,275.00
Total Fee: $155,250.00
ARKK Engineers, LLC will submit monthly progress invoices for all work completed to invoice
date. Hourly charges for on-site field representative shall be charged based on a raw labor rate
times a multiplier of 2.70. Hourly rates for office personnel shall be charged based on a raw
labor rate times a multiplier of 2.99. Hourly rates for ARKK principal acting in the role of Project
Manager and/or Construction Manager shall not exceed $150.00 per hour. Reimbursable
expenses will be charged at cost plus 10%.
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%. No additional services
will be performed or invoiced without prior authorization from the City of Pearland.
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
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.
David W. Kasper, P.E.
Senior Project Manager/ Principal
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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
Construction Manager $150/hour
Project Manager $150/hour
Site Representative $83.40/hour
Assistant Construction Manager $97.75/hour
PROJECT SCHEDULE
Design Phase — 180 days from Notice to Proceed
Bid &Award Phase — 60 Days
Construction Phase — 210 Calendar Days
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7322 Southwest Fwy Suite 1040 • Houston,TX 77074 •(713)-400-ARKK•www.arkkengineers.com • TX PE Firm No.13872