R2019-019 2019-01-28 RESOLUTION NO. R2019-19
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with LEAF Engineers for design services, associated with the
Recreation Center and Natatorium Generator Improvement Project, in the
estimated amount of$99,810.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for design services associated with the Recreation
Center and Natatorium Generator Improvement 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 architectural design services associated with Recreation
Center and Natatorium Generator Improvement Project.
PASSED, APPROVED and ADOPTED this the 28th day of January, A.D., 2019.
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TOM REID
MAYOR
ATTEST:
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C Y SE RETARY t
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and LEAF Engineers ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as _Recreation Center and Natatorium Generator and Improvements_ ("PROJECT").
(Project#_PK1905J
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 Design, Bid, and Construction Phase Services,
for the Recreation Center Natatorium Generator and Improvements. 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 7 D2.Revised 2018
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 7 D2 Revised 2018
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 December 2019.
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) $77,175.00
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) $5,147.00
4. Construction Phase Services (Hourly Not to Exceed) $16,088.00
5. Reimbursable Expenses (Not to Exceed) $1,400.00
6. Total: $99,810.00
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 7 D2 Revised 2018
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 11Greenyway Plaza, Suite 1510, Houston, Texas 77046.
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 7 D2 Revised 2018
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 7 D2 Revised 2018
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
,114
CI OF ' •i=AND, TEXAS DATE
i%"la // 16/1017
CONSULTANT DATE
Design 6 of 7 D2 Revised 2018
House Bill 89 Verification
I, /?t. 14A14` (Person name the undersigned
representative (hereafter referred to as "Representative") of L L4-f-
CA,' t)1 //t/ -5 (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.
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SIGNATURE OF REPRESENTATJ
/ 1-�.f SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
!( day of ofri<LY , 20 19 .
Notary Public
cky iF°�s ELIZABETH G CHAPMAN
4 z,f�� Notary ID#829535 0
1 ,x`104 My Commission Expires
1-OFc' August 8, 202Z
Design 7 of 7 D2 Revised 2018
11 Greenway Plaza,22''Floor
Houston, Texas //046-1104
Phone: 7131940-3300
www LEAFengineers.corn
January 7, 2019 via email
Mr. Jameson Appel
Project Manager, Engineering & Capital Projects
"'A IS ;
ENGINEERS City of Pearland
NEER E 2559 Hillhouse
E
Pearland, TX 77584
RE: Emergency Generator and Miscellaneous Architectural Improvements
Pearland Recreation Center and Natatorium
Dear Jameson,
LEAF Engineers is thankful for the opportunity to provide this fee proposal including
preliminary budgetary pricing and project scope description for the addition of an
emergency generator at the above referenced project site. Also included in the scope
is the replacement of two (2) existing accordion style room separators and the
replacement of a portion of the existing lay-in ceiling in the gymnasium. This letter will
serve as our scope of work summary and professional fee proposal.
Project Scope Description:
1. Provide one new on-site emergency generator, with battery and charging system,
to serve all loads with the exception of the natatorium which will not need to
operate during an extended outage. Preliminary generator size, based on building
demand from electric utility bills, is 750 kW at 480 volts, 3 phase, 4 wire.
2. Generator fuel source: diesel.
3. Provide a new automatic transfer switch (ATS), modifications to the existing
electrical power distribution system, and new electrical feeders, as necessary to
connect the new emergency generator to the existing building critical loads.
4. Generator proposed to be located within the existing service yard behind the
existing screen wall on a new housekeeping pad. Any necessary modifications to
the existing mechanical system outside air intakes that open to the service yard will
be evaluated for potential adjustment during the construction document design
phase.
5. Architectural Scope: All necessary architectural design services for this project will
be provided by PBK Architects, Inc., and are included in this proposal.
- Provide two new operable partitions to replace accordion style room
dividers at multi-purpose rooms and,dance/aerobics rooms. Partitions to
be similar to Moderco Excel 700 series with superior STC rating for
enhanced acoustical isolation between the rooms served.
- Provide replacement of the existing lay-in acoustical ceiling tile system
along the lower ceiling height portions of the two existing competition
gymnasiums. Final material is to be determined. This proposal is based
on a new 2'x2' segment size removable wood panel system that will
provide durability from bouncing balls but will also allow ready access to the
ceiling plenum after installation.
Mr. Jameson Appel
City of Pearland
Page 2 of 4
PROFESSIONAL SERVICES:
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
2. Cost Estimates
3. Submit for review detailed construction plans at 60% & 90% (along with
specifications form at 60% - include bid form & completed "front end
documents" at 90%).
4. Attend final technical review committee meeting at 95%
5. Submit plans for City Engineer's signature.
6. Prepare bid sets for distribution via the City's e-bid system
Bid Phase Services
1. Chair pre-bid meeting and attend the Bid Opening
2. Respond in writing to questions from bidders and prepare addenda as
necessary.
3. Assist with design of Bid Proposal
4. Prepare Engineer's Recommendation of Award Letter that includes the
following required content:
a. Check for math errors and reconcile any mathematical discrepancies
b. Review for unbalance bid items
c. Certified Bid Tabulation including Engineer's estimate
d. Review of contractor's financial standing and references provided
e. Explanation of discrepancies between the Engineer's estimate and bids
f. Recommendation to award
Mr. Jameson Appel
City of Pearland
Page 3 of 4
5. Produce and transmit to selected contractor five (5) sets of project manuals
ready for execution with City's Notice of Intent to Award (NOI)
6. Produce and transmit to selected contractor one (1) full size plan set
7. Produce and transmit to the City of Pearland two (2) sets of project manuals
and two (2) full size plan sets
Construction Phase Services
1. Construction Administration
a. Attend pre-construction meeting to provide information & answer
questions
b. Attend monthly progress meetings with Construction Manager,
Contractor& City of Pearland
c. 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
d. Review & approve monthly pay applications coordinating with
Construction Manager using the City of Pearland's Pro Trak system
e. Provide interpretive guidance for Contractor, Construction Manager in
resolution of problems
f. 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
g. Provide Record Drawings from Contractor's As-Builts in electronic
format (CD) & hard copy format
2. Project Close Out
a. Provide support services as needed during the project close out
process.
b. Obtain and review close out submittal from the contractor for
completeness before transmitting to the City which include but are not
limited to:
Contractor's red lines and as-built notes
ii. Warranty information
iii. Operating Manuals
iv. Start up and testing reports
v. As-Built record drawings (in hard copy and digital format)
3. Issue Final Completion and Acceptance letter to the City recommending acceptance.
FEES:
LEAF Engineers will perform the professional services on the above referenced project for
a fee of $98,410 plus reimbursable expenses related to printing and permitting authority
plan approvals. Reimbursable expenses will be billed with a 1.0 multiplier (straight pass
through without markup) and are not expected to exceed $1,400 for this project.
Total maximum not to exceed fee for this project is $99,810
Fee Breakdown:
a. Design Phase Services (Lump Sum) $77,175
Mr. Jameson Appel
City of Pearland
Page 4 of 4
c. Bid Phase Services (Hourly not to exceed) $5,147
d. Construction Phase Services (Hourly not to exceed) $16,088
e. Reimbursable Expenses (Not to exceed) $1,400
TOTAL $99,810
Level of Effort Table:
Engineering Personnel Hourly Billing Rate Estimated Man-Hours
Category
Project Manager/Director $185 135
Electrical Engineer $165 80
Electrical Designer $135-$150 195
Electrical Draftsman $115-$125 42
Principal $285 2
Administrative Support $85 20
Architect/Structural Engr. $225 18
Architectural Intern $165 35
Construction Administrator $150 56
Project Schedule:
Project Phase Activity Duration
Schematic Design 15 days
Design Development 15 days
Construction Documents 30 days
Bidding and Negotiation 60 days
Construction Phase 120 days
Close Out 10 days
Total 310 days
Exclusions:
Asbestos Abatement, Utility Site Surveys, and Commissioning
Please review this document and let me know what questions or comments the city may
have regarding the proposal, professional fees, and services to be provided. LEAF has
reviewed the typical consultant contract and we take no exceptions. There will be no
additional services without prior written consent and authorization from the City of
Pearland.
Sincerely,
LEAF Engineers
Signature,
ar Madors P.E., CxA, D AP BD+C
President
cc: John Woodfin -LEAF