R-2015-057 2015-04-27 RESOLUTION NO. R2015-57
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract for construction management and inspections
services, associated with the Regency Park Paving and Drainage
Project, to AARK Engineering, LLC, in the amount of $312,811.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and inspection
services, 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 construction management and inspection
services associated with the Regency Park Paving and Drainage Project.
PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2015.
TOM REID
MAYOR
ATTEST:
•
Y S:'RETARY •.''
APPROVED AS TO FORM:
J M. COKER
CITY ATTORNEY
Resolution No. R2015-57
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 Construction Management and Inspection
Services for a project known and described as Regency Park Subdivision Paving and
Drainage ("PROJECT"). (Project# TR1402)
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 Construction Management and Construction
Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The
PROJECT schedule shall conform to the construction schedule.
B. 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.
C. 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.
D. 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:
(I) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
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r.
(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.
E. 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.
F. 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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work.
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. Constructability Review(Lump Sum) $6,950.00
2. Construction Management Services (Hourly Not to Exceed) $89,600.00
3. Construction Observation Services (Hourly Not to Exceed) $204,661.00
4. Reimbursable Expenses(Not to Exceed) $11,600.00
5. Total: $312,811.00
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.
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.
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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 ARKK Engineers, LLC, 7322 Southwest Frwy, 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 I5`h day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty(60)days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
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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.
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SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
, April 13, 2015
CI `.OF ° r R AND, TEXAS DATE
Clay Pea 'son, City Manager
4 i Ai(Zg MAY 9 , 2..uIS
CONSULTANT DATE
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ARKKENGINEERS
April 7, 2015
Ms.Jennifer Lee
Project Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland,Texas 77592
Re: Proposal for Construction Management and Inspection Services for the City of Pearland's
Regency Park Subdivision Paving and Drainage Project
Dear Ms. Lee:
As requested, ARKK Engineers, LLC (ARKK) is pleased to submit this proposal for performing
construction management and inspection services for the City of Pearland's Regency Park
Paving and Drainage Project. For your convenience this proposal consists of General Overview,
Scope of Services, and Fee.
GENERAL OVERVIEW
The City of Pearland is finalizing plans and specifications for paving and drainage improvements
to several streets in the Regency Park Subdivision. The project includes the re-construction of
existing roadways, replacement of storm sewer and waterlines and associated appurtenances.
This proposal addresses the engineering services ARKK will provide the City during the
construction phases.
ARKK will provide Construction Management and Inspection services that will include providing
a project site representative to observe the construction of the proposed improvements in the
Regency Subdivision. The estimated construction duration for the project is 330 calendar days
to substantial completion and an additional 30 days for final completion. The fee budget for
the construction observation services is based on the site representative being on site average
45 hours/week for the 330 days during the substantial completion phase and an average 20
hours/week during the final completion phase (30 days).
Page 1 of 2
7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • (713)400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
SCOPE OF SERVICES
The Construction Management and Inspection Scope of Services are defined on Exhibit 'A' —
Scope of Services.
FEE
Plan Review Services: Lump Sum Amount of: $ 6,950.00
Construction Observation Services: (Hourly): $ 204,661.00
Construction Management Services: (Hourly): $ 89,600.00
Reimbursable Expenses: Not to Exceed: $ 11,600.00
Total Not to Exceed Fee: $ 312,811.00
Hourly rates for all other manpower shall be charged based on a raw labor rate times a
multiplier of 2.99. Officers of ARKK serving in the role of Project Manager will bill at a rate of
$150.00 per hour. The on-site field representative shall be billed at $90/hour. Overtime for site
representative personnel and hourly employees will be charged at 1.185 time's normal rate.
Overtime is defined as time over 40 hours within a one-week period (Sunday to Saturday).
Reimbursable expenses will be charged at cost plus 10%. Mileage for personnel other than the
site representative will be charged at the prevailing federal rate. A vehicle charge of $40/day
will charged for the site representative.
ARKK Engineers, LLC appreciates the opportunity to submit this proposal and we look forward
to working with the City of Pearland on this very important project.
Sincerely,
ARKK ENGINEERS, LLC
Madhu Kilambi, P.E.
Senior Project Manager/ Principal
Page 2 of 2
7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • (713)400-ARKK•www.arkkengineers.com• TX PE Firm No.13872
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