R2017-053 2017-03-20 RESOLUTION NO. R2017-53
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into a contract with Freese and Nichols,
Inc., in the amount of $157,000.00 for the design of a trunk sewer line
associated with the McHard Road Trunk Sewer Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Freese and
Nichols, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract with Freese and Nichols, Inc., for the design of a trunk sewer
line associated with the McHard Road Trunk Sewer Project.
PASSED, APPROVED and ADOPTED this the 20th day of March, A.D., 2017.
TOM REID
MAYOR
ATTEST:
•
•UNG L 'FING, ,:� C
'TY SE Cr"ETARY
APPROVED AS TO FORM:
(2r
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2017-53
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY")and Freese and Nichols, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as McHard Road Trunk Sewer("PROJECT"). (Project#WW1406)
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 design 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 of 6 D2.Revised 2016
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 of 6 D2 Revised 2016
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 345 days after the NTP 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. Basic Services(Lump Sum) $123353.00
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) $8,892.00
4. Construction Phase Services (Hourly Not to Exceed) $24,355.00
5. Reimbursable Expenses (Not to Exceed) $0.00
6. Total: $157,000.00
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 of 6 D2 Revised 2016
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 11200 Broadway Street, Offices West, Suite 2320,Pearland,
Texas 77584. 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 15t 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 of 6 D2 Revised 2016
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.
SECTION VIII-SUCCESSORS AND ASSIGNS
Design 5 of 6 D2 Revised 2016
4
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
CITY OF P AND, TEXAS DATE
`// ).te.g. .3/2 //2: 2
CONSULTANT DATE
Design 6 of 6 D2 Revised 2016
FREESE Innovative approaches
Practical results
? 1 Outstanding service
11200 Broaday St.,Suite 2332 • Pearland,Texas 77584 • 832-456-4700 • fax 832-456-4700 www.freese.com
February 14, 2017
Jennifer Lee
Project Manager
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
RE: McHard Road Trunk Sewer
Dear Jennifer,
Freese and Nichols, Inc. (FNI) appreciates the opportunity to submit to you our proposal for providing
professional engineering services to the City of Pearland for the McHard Road Trunk Sewer Project.
FNI will render professional services in connection with the development of the Project as defined in the
attached Utilities Scope of Services included as Attachment A. FNI proposes to complete the final design
effort for a lump sum fee of $123,753 and the bid and construction phases for a fee not-to-exceed
$8,892 and$24,355, respectively. The total proposed fee is$157,000.
FNI proposes to furnish our services as described herein in accordance with the fee as outlined in
Attachment B. For your reference, we've also included a preliminary opinion of probable construction
cost (OPCC) and proposed project schedule as Attachments C & D, respectively. Finally, a compensation
sheet summarizing FNI's standard rates and proposed compensation is included as Attachment E.
Upon authorization by the City, FNI will proceed with performance of professional services defined in
Attachment A and submit Final plans and construction documents within 170 calendar days after date of
authorization.
If additional information or clarification is desired, please do not hesitate to contact us.
Sincerely,
FREESE AND NICHOLS, INC.
/77/741■
Alan C. Hutson, P.E., ENV SP ared Barber, P.E.
Principal Project Manager
Attachments
cc: Clay Herndon, P.E., Freese & Nichols
Skipper Jones,City of Pearland
EXHIBIT A
P
o`` `� E4'Q
l
PEA A 11\
v� O
T E X AS
EST ' ate
UTILITIES SCOPE OF SERVICES
FOR
McHard Road Trunk Sewer
Design I of 5 D13.Revised 2016
BASIC SERVICES: The Consultant shall render the following professional
engineering services to the OWNER in connection with the construction of the
Project.
Preliminary Design Phase Services
1. Data Collection
a) Attend Design Kick-Off meeting with City.
i. Review City informational resources and make arrangements to
obtain these.
ii. Discuss objectives of project and adjacent projects.
b) Procure such additional data as required through other services and/or
sub consultants.
Design Phase Services
1. Prepare Construction Plans and Specifications
a) Conduct design related site visits.
b) Attend up to 5 progress meetings throughout the design phase to report
progress and discuss and resolve final design issues.
c) Prepare construction plans including cover sheet, layout sheets,
horizontal and vertical control sheets, detailed plan/profile sheets to
1"=40' (H) and 1"=4' (V) scale, cased and uncased bores, details,
gathering of standard details, and other associated drawings.
i. Submit five (5) sets (1 full size + 4 half size) of 60%-complete plans
to the CITY for review and comments. Attend meeting to discuss
comments. FNI will provide a response to CITY's comments in
writing.
ii. Upon receipt of 60%-complete comments, continue further
development of construction plans and details to 90% level.
iii. Submit five (5)sets (1 full size +4 half size)of 90%-complete plans,
technical specification and contract documents to the CITY for
review and comments. Attend meeting to discuss comments. FNI
will provide a response to CITY's comments in writing.
iv. Upon final approval by the CITY, FNI will provide CITY five (5) sets
of "Final" plans and construction documents. In addition, FNI will
provide the CITY with pdf copies of the plans and specifications on
aCD.
d) Prepare storm water pollution preventions plans and details for the
Project.
Design 2 of 5 D13.Revised 2016
e) Prepare TxDOT standard traffic control sheets to be included in the
plans
f) Submit summary letter to TCEQ verifying the project was designed in
accordance with Sub- Chapter 217 of the TCEQ regulations.
2. Cost Estimates
a) Submit for review detailed construction plans at 60% & 90% (along with
specifications form at 60% - include bid form & completed "front end
documents" at 90%).
b) Submit 60% & 90% plans to Utility companies and coordinate work for
relocation or service changes, if required.
c) Coordinate with external regulatory and permitting agencies, including
but not limited to TCEQ, TXDOT, Brazoria DD #4 & Harris County Flood
Control & USACE (US Army Corp of Engineers).
d) Provide Traffic Control plan and SWP3 plans and specifications, if
required.
e) Submit plans for City Engineer's signature.
f) Prepare bid sets for distribution via the City's e-bid system.
Bid Phase Services
1. Bid Phase Services
a) Provide Notice to Bidders (NTB) and list of bid items to the Project
Manager in an electronic form appropriate for the e-bid system format.
City is responsible for advertising.
b) Provide electronic copy of bid-ready plans to the Project Manager for
the e-bid system.
c) Chair pre-bid meeting and attend Bid Opening
d) Respond in writing to questions from bidders and prepare addenda,
coordinate with Project Manager as necessary.
e) Assist with design of Bid Proposal*
f) Prepare Engineer's Recommendation of Award Letter that includes the
following required content:
Design 3 of 5 D13.Revised 2016
1
i. Check for math errors and reconcile any mathematical
discrepancies
ii. Review for unbalance bid items
iii. Certified Bid Tabulation including Engineer's estimate
iv. Review of contractor's financial standing and references provided
v. Explanation of discrepancies between the Engineer's estimate and
bids
vi. Recommendation to award
2. Attend City Council meeting and recommendation for award of Contract
for Construction.
3. Produce and transmit to selected contractor five (5) sets of plans and
project manuals in hard copy, and one electronic format copy to Project
Manager, in a format ready for execution with City's Notice of Intent to
Award (NOI).
*This is the use of bid strategies to attain lowest possible prices for work, use of
alternatives, etc.
Construction Phase Services
1. Construction Phase Services
a) Construction Administration
i. Attend pre-construction meeting to provide information & answer
questions
ii. Attend monthly progress meetings with Construction Manager,
Contractor & City of Pearland
iii. Review & comment on Construction's submittals, RFIs, RCOs
including coordination with Construction Manager on Change
Directives & Change Orders using the City of Pearland's Pro Trak
system
iv. Review & approve monthly pay applications coordinating with
Construction Manager using the City of Pearland's Pro Trak system
Dc-.1211 4 or DI3.Revised 2016
v. Provide interpretive guidance for Contractor, Construction Manager
in resolution of problems
vi. Coordinate with Construction Manager to review progress of work
for Substantial Completion; with production of punch list;
substantiation that items are completed; and issue both Certificate
of Substantial Completion & Final Acceptance
vii. Issue letter to City recommending acceptance & release of final
payment
viii. Coordinate contracts, CM/CI to provide complete record of As-
Builts
ix. Provide Record Drawings from Contractor's As-Builts in electronic
format (CD) & hard copy format
FNI will endeavor to protect CITY in providing these services however, it is
understood that FNI does not guarantee the Contractor's performance, nor is
FNI responsible for supervision of the Contractor's operation and employees.
FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions
and programs relating in any way to the condition of the premises, the work of the
Contractor or any Subcontractor. FNI shall not be responsible for the acts or
omissions of any person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
Definition:
1) As-Builts "redlines": Contractor's record of field changes to the work in line,
grade & elevation
2) Record Drawings: Engineer's incorporation of contractor's As-Builts
Design .)or:, DI3.Revised 2016
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ATTACHMENT C
MCHARD ROAD TR NKSEWER. FREESE
•
r
OrINI�� of PROBABLE CONSTRUCTION COST
ESTIMATOR CHECKED BY ACCOUNT NO
JMB WCH
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
McHard Rd.Trunk Sewer
1 MOBILIZATION 1 LS $54.500 S54.500
2 18-INCH SANITARY SEWER PIPE(ALL DEPTHS)(OPEN CUT) 5,550 LF $130 $721,500
3 18-INCH SANITARY SEWER PIPE IN 30-INCH STEEL CASING(AUGER) 200 LF $720 $144,000
4 15-INCH SANITARY SEWER PIPE(ALL DEPTHS)(OPEN CUT) 3,775 LF $90 $339,750
5 15-INCH SANITARY SEWER PIPE IN 28-INCH STEEL CASING(AUGER) 200 LF $635 $127,000
6 5-FOOT DIAMETER SANITARY SEWER MANHOLE(COATED)(ALL DEPTHS) 20 EA $8.750 $175,000
7 4-FOOT DIAMETER SANITARY SEWER MANHOLE(COATED)(ALL DEPTHS) 5 EA $6.750 $33,750
8 TRENCH SAFETY 9,325 LF $3 $27,975
9 CONTROL OF GROUND WATER(WELL POINTING) 9,325 LF $25 $233,125
10 SITE RESTORATION 6 AC $2,500 $15,000
SUBTOTAL $1,871,600
CONTINGENCY(25%) $467,900
TOTAL OPINION OF PROBABLE CONSTRUCTION COST $2,339,500
NOTES:
1)All costs are based on current industry conditions and 2016 dollars.
Attachment C-McHaid Rd Sewer OPCC Page 1 of 1
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