R2019-054 2019-03-04 RESOLUTION NO. R2019-54
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 Kimley-Horn and
Associates, Inc., in the amount of$569,400.00,for design services associated
with the Shadow Creek Ranch Park Project(Phase II).
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 Kimley-Horn
and Associates, 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 Kimley-Horn and Associates, Inc., for design services
associated with the Shadow Creek Ranch Park Project (Phase II).
PASSED, APPROVED and ADOPTED this the 4th day of March, A.D., 2019.
TOM REID
MAYOR
ATTEST:
TY S- ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
R2019-54
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Kimley Horn ("CONSULTANT").
The CITY engages the CONSULTANT to perfoiur professional services for a project known and
described as Shadow Creek Ranch Park Phase II ("PROJECT"). (Project#PK2001)
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 perfomi 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.
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 6 D2.Revised 2018
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.
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 6 D2 Revised 2018
SECTION II-PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end December 31, 2020.
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) $507,000.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Hourly Not to Exceed):
3. Bid Phase Services (Hourly Not to Exceed) $9,400.00
4. Construction Phase Services (Hourly Not to Exceed) $44,000.00
5. Reimbursable Expenses (Not to Exceed) $9,000.00
6. Total: $569,400.00
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-TAF, 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 3 of 6 D2 Revised 2018
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 11700 Katy Freeway, Suite 800, Houston, TX 77079.
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 4 of 6 D2 Revised 2018
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.
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CI t PEARLAND, TEXAS DATE
CONSULTANT DATE
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Design 5 of 6 D2 Revised 2018
House Bill 89 Verification
I, (13.- ,,,, Gi.,<<1tvy (Person name), the undersigned
representative (hereafte( referred to as "Representative") of 6,141 _
14. . (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, terminatingbusiness
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.
�STGTURE OF REPRESEN ATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
11-1'1 day of F&muary , 20 is .
4 Ari
DONNA W STOEVER
, Notary 10 M 128673368 1 IgpspQ, \31Y. ( yep
My Commission Expires 0
.4s4or a004) July 14,2019 ` -
Notary Public
Design 6 of 6 D2 Revised 2018
Kimley>>>Horn
RE: EXHIBIT A -Professional Services Proposal
The Sports Complex at ShadowCreek Park Phase 2
Date:January 9, 2018
Kimley-Horn and Associates, Inc. ("Kimley-Horn"or"the Consultant')is pleased to submit this EXHIBIT
A to the City of Pearland("the City")for providing professional services forthe above referenced project.
Our project understanding, scope of services, and fee are below.
PROJECT UNDERSTANDING
It is our understanding that the City intends to enter into a professional services agreement with the
Consultant for the design, bidding, and construction phase services for The Sports Complex at
Shadow Creek Park ("the Site")Phase 2 improvements. Construction Documents will be prepared
to provide design of 2 synthetic turf multi-purpose fields (serving soccer,rugby, and cricket), 1
'miracle field'diamond with playground surfacing,lighting (fields and parking), utilities, 250 space
parking lot, and restroom/concessions building for an area of+/-13 acres.
Restroom/Concessions Building will be designed for warming of food (no cooking equipment),
classroom space(sized for 50 people), men's and women's locker rooms (sized for 20 people each),
and ADA accessible restrooms(for 400 people). The building is assumed max. 3,300 square feet in
area with HVAC and heating.
Based on our conversation with the City on December 17, 2018,the Site currently provides for all
detention and floodplain mitigation needs and no further detention or floodplain mitigation will be
required.
INFORMATION PROVIDED BY THE CITY
The City shall provide the following information requested by the Consultant at the beginning of the
project:
• Copies of all plans and surveys previously prepared for the project area in both sealed PDF
and CAD format;
• Geotechnical Report for the improvements;
• Current title commitment;
• City standard general notes and details;
• Contacts for all franchise utility companies;
• City standard general conditions and matters specific to City solicitation;
• Access to the Site;
• Executed copy of this agreement.
The Consultant shall be entitled to rely on the completeness and accuracy of materials supplied by the
City in the completion of these services.
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SCOPE OF SERVICES
PHASE 1 —SURVEY, GEOTECHNICAL REPORT, AND PRELIMINARY DESIGN
Upon approval of this proposal, Kimley-Hom will commence the following tasks:
Task 1.1 — Boundary and Topographic Survey
Through a sub-consultant, the Consultant will prepare a Partial Topographic Survey and Boundary
Sur ey for the Site identified in the project understanding.
The Boundary Survey is anticipated to include the following items:
A. Surveyor will review and show all existing encumbrances as reflected in current title
commitment provided by client and is subject to the limitations and restrictions of that
commitment. Surveyor is not responsible for abstracting subject property.Title company to
provide abstracting.
B. Review of any oil, gas &mineral leases or rights as located within a current title commitment
are beyond the scope of this contract,and will not be reflected or noted on the final survey. If
any oil, gas, or mineral leases or rights are located within a current title commitment,and
review is requested, it will be deemed an additional service.
C. All Horizontal Survey Control shall be referenced to the Texas State Plane Coordinate
System,South Central Zone, NAD83, and surveyor shall provide X/Y Coordinates for all
major property corners.
The Topographic Survey is anticipated to include the following items:
A. Topographic Survey will be performed on a 100'x 100'grid where available including all
visible grade breaks and changes in elevation. Topographic survey will show all
improvements, elevations, observable utilities located within the subject property and to the
nearest edge of paving of within the public right-of way of Kingsley Boulevard at 100'x-
sections within the subject area.
B. Utility information shown on the survey is based on visible above ground improvements and
evidence found on-site at the time survey, coupled with markings from Digtess, and available
record drawings from the City of Pearland, Harris County, Fort Bend County,TOOT,
Applicable M.U.D., Centerpoint Energy,Reliant Energy,Southwestern Bell Telephone
Company, and Client at the time of survey.
C. Surveyor is liable to show only that information which is marked and available at the time of
survey. Surveyor is not responsible for other utility lines or plans that may exist or discovered
during future investigation or uncovered during ongoing construction phases.
D. It is the contractor's responsibility to contact Digtess or other utility location service, for
location of underground utilities, prior to construction.
E. Vertical Topographic information will be based on the nearest existing or FEMA published
Benchmark, NAVD 1988, 2001 Adjusted and a minimum of 2(two)temporary benchmarks
will be established on-site at the time of survey. Additional future TBM's will be set if
necessary,at additional cost.
Deliverable:One(1)electronic file of the survey in AutoCAD 2018 format will be submitted to the
City for confirmation of the survey.
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Task 1.2— Geotechnical Report
Through a sub-consultant,the Consultant will prepare a Geotechnical Report for the Site identified in
the project understanding. This work will consist of doing twelve borings in the ballfields, 2 borings in
the parking areas, and 1 boring in the building area. The report will provide recommendations for any
required soil modification, dewatering, building foundation, concrete paving and ballfield designs. The
Consultant will utilize the existing conditions topographic and boundary survey to locate the proposed
type and position of borings and provide an electronic file for use by the geo-technical engineer.
Deliverable:One(1)electronic file of the Geotechnical report.
Task 1.3— Preliminary Design
The Consultant will prepare up to two(2)preliminary layout options for the Site.The plans will illustrate
the general scope, scale, theme, and relationship of various design components. Based on the
preferred option selected by the City,Kimley-Horn will move from Preliminary Design into Construction
Documents (Task 2.1). It is understood that minor revisions will be incorporated into the construction
documents without additional review.
Meetings:
A. One(1) kick-off meeting with the City to discuss project scope and schedule.
B. One(1) meeting with the City to discuss review comments related to preliminary design.
Deliverables:
A. Up to two(2) Concept Layouts (plan view only at a scale of 1"=30'-0")
B. An electronic (PDF)of the Concepts Layouts.
PHASE 2—FINAL DESIGN AND CONSTRUCTION DOCUMENTS
Upon completion of Phase 1, Kimley-Hom will begin Phase 2 — Final Design and Construction
Documents, which include the following tasks:
Task 2.1— Construction Documents
Upon City approval of Preliminary Design (Task 1.3), the Consultant will develop the construction
document package for the project. The development of the construction document package includes
the following:
A. Cover Sheet
B. Index
C. General Notes The Consultant will prepare general construction notes and specifications for
the project in addition to the City's standard general notes(provided by the City).
D. Plan Sheets The Construction documents package will include the plan sheets for the scope
of work described. The design for the sheets will be created as part of the design tasks in
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this scope. This effort is for the creation of the sheets to communicate the design intent and
illustrate the design to the contractor for construction.
a. Existing Conditions/Demolition Plan
b. Site Layout, Field Striping, and Paving Plan
c. Grading Plan
d. Utility Plan
e. Drainage Plan
f. Erosion Control Plan and SWPPP
g. Lighting Plan
h. Landscape Plan
i. Irrigation Plan
j. Building Plans—including Architectural, Structural and MEP
E. Details The Consultant will include detail sheets showing elements included in the Plan Sheets,
consisting of details, sections, and elevation views. Certain submittals, shop drawings,
samples, cut sheets and mockups will be listed for approval.
F. Project Manual The Consultant will prepare a bid form and technical specifications to be
included in the project manual as part of this task and provide the bid form to the City to be
included with the project manual. The City will provide the City's preferred front-end
documents and procurement language to the Consultant to be included in the project manual.
Kimley-Hom will compile the technical specifications, the bid form, and the City's front-end
contract documents into the project manual for the project bid. The Consultant will provide
the project manual as part of the 90% and 100% submittals to the City.
G. Opinion of Probable Construction Cost The Consultant will prepare an opinion of probable
construction cost for the 60%, 90%, and 100%submittals. Because the Consultant does not
control the cost of labor, materials,equipment or services furnished by others,methods of
determining prices, or competitive bidding or market conditions,any opinions rendered as to
costs, including but not limited to opinions as to the costs of construction and materials, shall
be made on the basis of its experience and represent its judgment as an experienced and
qualified professional,familiar with the industry. The Consultant cannot and does not
guarantee that proposals, bids or actual costs will not vary from its opinions of cost.
H. Revise per City Comment The Consultant will revise the Construction Documents afterthe 50%
& 90% submittals based on one round of reasonable comments for each submittal. It is
understood that minor revisions will be incorporated into 100%construction documents without
additional review.
Meetings:
A. One(1) meeting with the City to discuss review comments related to the 50% Plans.
B. One(1) meeting with the City to discuss review comments related to the 90% Plans.
Deliverables:
A. Five 24"x36"copies of the 60%, 90%, and 100% Submittal including Items A through E noted
above. For 100%, one copy is intended for City use and one copy is a courtesy copy for the
Contractor.
B. An electronic(PDF)of the 60%, 90%, and 100% Construction Plans.
C. An electronic (PDF)of the 60%, 90%and 100% opinion of probable construction cost(Item
G)for items described in Task 2.2.
D. An electronic (PDF)of the 90%, and 100% Technical Specifications and Bid Form (Item F).
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PHASE 3—BIDDING AND CONSTRUCTION PHASE SERVICES
Upon completion of Phase 2, K Imley--Hom will begin Phase 3—Bidding and Construction which include
the following tasks.
Task 3.1 Bidding Phase Services(Hourly Not to Exceed)
The Consultant will provide bid phase services to the City during bidding of this project. The budgeted
fees are based upon approximately seventy five(75) hours of effort. Any additional effort beyond the
specified amount will be billed according to the current Kimley-Hom rates, as authorized by the City or
its representatives. Kimley-Hom will provide the following professional services under this task:
A. Attend one(1)pre-bid meeting.
B. Provide clarifications related to documents during the solicitation period as requested by the
City and review responses with City.
C. Issue City approved addenda of Construction Plans and Technical Specifications after the
pre-bid meeting to clarify design intent.
D. Attend one(1)bid-opening meeting. Issue one(1)set of Conformance Documents for
construction.
E. Tabulate the bids received and evaluate the compliance of the bids received with the bidding
documents.
F. Participate in one(1)meeting for review of bids.
G. Prepare a written summary of the tabulation and evaluation for award recommendation.
During the Bidding Phase, the City will perform the following tasks:
A. Upload all plans and contract documents onto Civcast(or similar website)for access to
potential bidders. Contract documents shall be uploaded in .pdf files.
B. Receive questions from prospective contractors and coordinate with the Consultant and City
staff to respond to Contractor questions. Issue addenda as necessary to clarify design intent.
C. Hold the pre-bid meeting.
D. Hold bid opening.
Task 3.2 Construction Phase Services(Hourly Not to Exceed)
The Consultant will provide up to three hundred(300)hours of professional construction phase services
as specifically stated below:
A. Pre-Construction Conference: Consultant will attend the Pre-Construction Conference prior
to commencement of Work at the Site as requested by the client.
B. Visits to Site and Observation of Construction:Consultant will provide on-site construction
observation services during the construction phase. Consultant will make visits at intervals as
directed by Client in order to observe the progress of the Work. Such visits and observations
by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's
work in progress. Observations are to be limited to spot checking,selective measurement,
and similar methods of general observation of the Work based on Consultant's exercise of
professional judgment. Based on information obtained during such visits and such
observations, Consultant will evaluate whether Contractor's work is generally proceeding in
accordance with the Contract Documents,and Consultant will keep Client informed of the
general progress of the Work.
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The purpose of Consultant's site visits will be to enable Consultant to better carry out the
duties and responsibilities specifically assigned in this Agreement to Consultant, and to
provide Client a greater degree of confidence that the completed Work will conform in general
to the Contract Documents.Consultant shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall Kimley-Horn have authority over orresponsibility for the means,
methods, techniques, equipment choice and usage, sequences,schedules,or procedures of
construction selected by Contractor,for safety precautions and programs incident to
Contractor's work,•nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work. Accordingly,Consultant
neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
C. Recommendations with Respect to Defective Work: Consultant will recommend to Client that
Contractor's work be disapproved and rejected while it is in progress if, on the basis of such
observations, Consultant believes that such work will not produce a completed Project that
conforms generally to Contract Documents.
D. Clarifications and Interpretations: Consultant will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of
the Contract Documents to Client as appropriate to the orderly completion of Contractor's
work. Any orders authorizing variations from the Contract Documents will be made by Client.
E. Change Orders: Consultant may recommend Change Orders to Client,and will review and
make recommendations related to Change Orders submitted or proposed by the Contractor.
F. Shop Drawings and Samples: Consultant will review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which Contractor is required
to submit, but only for conformance with the information given in the Contract Documents.
Such review and approvals or other action will not extend to means, methods,techniques,
equipment choice and usage,sequences, schedules, or procedures of construction or to
related safety precautions and programs.
G. Final Notice of Acceptability of the Work:Consultant will conduct a final site visit to determine
if the completed Work of Contractor is generally in accordance with the Contract Documents
and the final punch list so that Consultant may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final payment,Consultant shall also
provide a notice that the Work is generally in accordance with the Contract Documents to the
best of Consultant's knowledge,information,and belief based on the extent of its services
and based upon information provided to Consultant upon which it is entitled to rely.
H. Limitation of Responsibilities:Consultant shall not be responsible for the acts or omissions of
any Contractor, or of any of their subcontractors,suppliers,or of any other individual or entity
performing or furnishing the Work. Consultant shall not have the authority or responsibility to
stop the work of any Contractor.
I. Record Drawings: Based upon contractor provided field notes, construction records,and as-
built drawings, Kimley-Horn will prepare the required project record drawings for submittal to
the City.
J. TDLR As part of the Services provided, the Consultant shall obtain the Notice of Substantial
Compliance for the Project from the Texas Department of Licensing and Regulation(`TDLR").
a. Submission of Construction Documents to TDLR—The Consultant shall mail, ship, or
hand-deliver the Construction Documents to TDLR not later than five (5)calendar days
after the Consultant issues the Construction Documents for the Project.
b. Completion of Registration Form to TDLR — The Consultant shall complete an
Elimination of Barriers Project Registration Form ("Form")for each subject building or
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facility within the Scope of the Project, and submit the registration form(s)along with
the applicable fees not later than fourteen (14) calendar days after the Consultant
completes the submittal of the Construction Documents to TDLR.
c. TDLR Approval of Construction Documents — After review of the Construction
Documents by TDLR,The Consultant shall be notified in writing of the results;however,
it is Consultant's responsibility to obtain TDLR's written comments. The Consultant
shall address all comments that prevent TDLR approval of the Construction
Documents, including comments relating to conditional approval that must be
addressed in the design and construction of the Project.The Consultant shall resubmit
Construction Documents to TDLR for review prior to the completion of construction of
the Project.
d. TDLR Project Inspection—The Consultant shall request an inspection from TDLR or a
TDLR locally approved RAS no laterthan thirty(30)calendar days afterthe completion
of construction of the Project.The Consultant shall advise City in writing of the results
of each Project inspection.City reserves the right to verify the written results with TDLR
at any time during design, construction,or at the completion of the Project.
e. Corrective Modifications following TDLR Project Inspection — When corrective
modifications to achieve substantial compliance are required, the TDLR inspector or
the RAS shall provide the Consultant a list of deficiencies and a deadline for completing
the modifications.The Consultant shall provide City with this list within five(5) calendar
days of receipt. It is the sole responsibility of Consultant to completely address the
deficiencies by the stated deadline or to obtain a written notice of extension from the
TDLR. When the corrective measures have been completed, the Consultant shall
provide the TDLR(and/or the RAS who completed the inspection)and City with written
verification of the corrective measures completed.
K. Warranty Period Review: Kimley-Horn will provide 1 site observation that is coordinated with
the end of the subject one year warranty period. As a follow-up to this site visit, a summary
memorandum will be provided.
The City will provide the following items during the construction phase services:
A. Pre-Construction Conference. The City will hold a Pre-Construction Conference prior to
commencement of Work at the Site. The City will coordinate the date,time,and location of the
pre-construction conference with the Consultant and the Contractor.
B. Inspections and Testing.
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Such additional services shall include but are not limited to
the following:
A. Additional meetings
B. Additional survey and Subsurface Utility Engineering(SUE)
C. Public Involvement
D. Traffic Impact Studies or Signal Design
E. Traffic Control Plans
F. Off Site Improvements
G. Lift Station Design
kimley-horn.com 11700 Katy Freew ay,Suite 800, Houston, TX 77079 281 597 9300
KimIep>)Horn Page 8
H. Booster Pumps, Water Well or Water Tank Design
I. Water quality or detention/retention ponds Design
J. Information Technology Services
K. Materials Testing
L. Construction Management and Inspection
M. Archaeological or Environmental Permitting/Studies
N. Required Remediation or Wetland Mitigation
O. Submittal and Permitting Fees
P. SWPPP Plan Manual/Submissions
Q. Color renderings and graphics
R. Revisions due to changes in regulations
S. Revisions to Construction Documents after design approval other than clarifications
T. Additional work due to an increase in project cost more than$7.2 million
SCHEDULE
The Consultant will work to prepare a mutually agreed upon schedule with the City.
FEE AND EXPENSES
Kimley-Hom will perform the tasks noted below on a lump sum (LS)and hourly not to exceed(HR)
basis. The services in this agreement will be billed as follows.
PROFESSIONAL SERVICES
Phase 1 &2—Basic Services
Task 1.1 —Boundary and Topographic Surveying $ 25,600(LS)
Task 1.2—Geotechnical Report $ 12,000(LS)
Task 1.3—Preliminary Design $ 60,100 (LS)
Task 2.1 —Construction Documents $ 409,300(LS)
Subtotal Lump Sum $ 507,000(LS)
Phase 3—Bidding and Construction Phase Services
Task 3.1 —Bidding Phase Services $ 9,400(Hourly)
Task 3.2—Construction Phase Services $44,000(Hourly)
Subtotal Estimated Hourly $53,400(Hourly)
Total $560,400
Estimated Reimbursable Expenses $ 9,000
GRAND TOTAL $569,400
For all tasks, direct reimbursable expenses (such as delivery services, air travel, long distance
mileage, in-house plot reproduction, and other direct expenses)will be billed at cost up to the amount
indicated above. Sub fees will be invoiced at 1.10 times the expense.Fees will be invoiced monthly
based upon the percentage of services performed as of the invoice date. Payment will be due within
25 days of your receipt of the invoice.
kimley-horn.com 11700 Katy Freeway,Suite 800, Houston, TX 77079 281 597 9300
KimIey >)Horn Page 9
CLOSURE
In addition to the matters set forth in this EXHIBIT A, our scope of services shall include and be subject
to, and only to, the terms and conditions in the City of Pearland Contract for Professional Services.As
used in the Contract for Professional Services,the term "the Consultant"shall refer to Kimley-Hom and
Associates, Inc., and the term "the City"shall refer to the City of Pearland. Fees and times stated in this
Proposal are valid for sixty (60)days after the date of this EXHIBIT A.
kimley-horn.com 11700 Katy Freeway,Suite 800, Houston, TX 77079 281 597 9300
KimIey>>)Horn Page 10
STANDARD RATE SCHEDULE
(Hourly Rate)
Senior Professional I $240- $350
Senior Professional II $180- $250
Professional $130- $210
Senior Technical Support $100- $190
Technical Support $70- $100
Analyst $105- $175
Support Staff $75 -$ 115
•
Effectike July 2018
kimley-horn.com 11700 Katy Freeway,Suite 800, Houston, 7X 77079 281 597 9300
Kimley>))Horn
EXHIBIT B _ - � __ _-- - -- . _._ _ -_- --_. -._
The Sports Complex at Shadow Creek Ranch Phase 2
LEVEL OF EFFORT SUMMARY
Project Name: The Sports Complex at Shadow Crcck Ranch Phase 2
Date Prepared: 2/19/2019
Estimated By: Kristina Malck,P.L.A.
Direct Labor(Person-Hours) Expenses I Total Rcimburseable
Kimley-Horn Rounded
Sub Fee Task Total Task Total - Rcimburseable
Subtask ID Kimley-Horn Task Name Senior Prof. Senior Prof. Prof. Senior Tech. Support Labor Expenses
Number Subtask Namc/Description Engineer LA Prof.LA Engineer Support Analyst Staff Total x1.1 (Nearest$100) (Travel Expenses-i.e.
,. __ .. _ $263.0 $297.0 _ $135.0 $147.0 $101.0 $131.0 $96.0 _ -_. _ -�_.. .. • __ _mileage and travel)
BASE SCOPE LEVEL OF EFFORT
_ -
Phase 1 -- - - - - - . _ _.:
1.1 Task Y.1-Topographic Survey - • - - - - -
Coordination 14 3 $ 2,178 $ 2,178
Onsite Verification 10 24 $ 3,774 S 3,774
Base Refonnating 10 40 $ 5,390 $ 5,390
Sub Fec-Windrow.(Survey) $ - $14,245 $ 14,245
Subtotal(Hours) 0 0 34 0 64 0 3 $ 11,342 $ 11,342
I _ 'l ask 1.1 Total TDollars)J $0 $0 $4,590 $0 � $6,464 � $0 � $288 � $11,342 $14,245 I $25,587 TI $25,600 $0 1
1.2 ' Task:1.2-Geotechnical Report . - `-- - •
•
Coordination 10 10 15 2 $ 4,527 $ 4,527
Sub Fee-Terracon(Geotcch Engineer) $ - $7,040 $ 7,040
Subtotal(Hours) 0 0 10 10 15 0 2 $ 4,527 $ 4,527
__. _ _._.. -- - lask 1.1 IoTal TDallars) $0 $0 $1,350 $1,470 $1,515 : $0 $192 ,$4,527 r $7,040 $11,567 512,000 $0-
1.3 'Task 1.3-Preliminary Design
Kickoff Meeting 10 10 20 10 20 $ 11,790 $ 11,790 $1,250
Concept 1 10 7 20 20 50 $ 15,399 $ 15,399
Concept 2 10 7 20 20 50 $ 15,399 $ 15,399
Review Meeting 10 7 20 10 20 $ 10,899 $ 10,899 $1,250
Project Management 5 20 10 12 $ 6,647 $ 6,647
Subtotal(Hours) 4036 100 60 140 10 12 $ 60,134 $ 60,134
1 ask 1.21 at-al(Dollars/ $10,520 _ 2 $8
$10,69 $13,500 ,820 $14,140 $1,310 $1,152 $60,134 [ $0 $60,i34 $60,100 $2,500 I
l'hase 1- 1 slat(Dollars) $10,520 $10,692 $19,440 $10,290 $22,119 $1.310 $1,632 $76,003 1 $21,285 T $97,285 597,700 52,500 1
Phase 2 [
' 2.1 •Task 2.r-construction Documents - - - .._. _ _ ._ _ .. _
•
Cover/General Notes 5 5 5 10 $ 3,735 $ 3,735
Existing Conditions&Removal Items Plar 5 20 5 40 $ 8,790 $ 8,790
• Site Layout Plan 20 5 100 50 100 $ 37,695 $ 37,695
Specialty Details 10 80 5 80 $ 22,245 $ 22,245
Grading Plan 5 60 25 60 $ 19,150 $ 19,150
Overall Underground Utility Plat 5 5 40 40 $ 11,910 - $ 11,910
Underground Utility Plar 5 20 40 40 $ 13,935 $ 13,935
Water,sewer,drainage details 5 5 35 30 $ 10,165 $ 10,165
Erosion Control Plan 5 5 20 20 $ 6,950 -$ 6,950
Lighting Plan 15 5 100 120 $ 31,950 $ 31,950 $1,300
Landscape Plan 20 40 $ 6,740 $ 6,740
Irrigation Plan 20 40 $ 6,740 $ 6,740
Project Manual 5 2 40 20 40 10 $ 15,249 $ 15,249
OPCC 5 2 20 20 30 $ 10,579 $ 10,579
City Comments(60%Plans) 10 10 40 30 60 $ 21,470 $ 21,470
City Comments(90%Plans) 5 10 20 20 40 $ 13,965 $ 13,965
Meetings 25 10 25 25 25 $ 19,120 $ 19,120 $2,200
Sub Fee-Davis and Davis(Architect) 30 10 $ 5,360 $56,320 $ 61,680
Sub Fee-Engineer Associates(MEP) 30 10 $ 5,360 $15,400 $ 20,760
Sub Fee-Core Group(Structural Engineer) 30 10 $ 5,360 $8,250 $ 13,610
Project Management 30 30 100 30 50 27 100 $ 52,897 $ 52.897
Subtotal(Hours) 145 84 680 470 865 57 110 $ 329,365 -$ 409,335
l ask 2.1'1otalZITlfars) $38,135 $24,948 I $91,800 $69,090 $87,365 $7,467 I $10,560 $329,365 1'779,970 $409, 5409,301:1 $3,500
Yhaset-'I ofalZDol ars $38,135 $24,948 I 591,800 $69,090 $37,365 $7.467 I $10,560 $329,365 $79,970 IL $409,335 $409,300 f $3,500
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Kimley»)Horn
EXHIBIT B - . -- -- __ -- -- ---. _- .. . _ • . - -- -
The Sports Complex at Shadow Creek Ranch Phase 2
LEVEL OF EFFORT SUMMARY
Project Name: The Sports Complex at Shadow Creek Ranch Phase 2
Date Prepared: 2/19/2019
Estimated By: Kristina Malek,P.L.A.
Direct Labor(Person-Hours) Expense Total Reimburscable
Kimley-Horn Rounded
Sub Fee Task Total Task Total Reimburseahle
Subtask ID KImley-Horn Task Name Senior Prof. Senior Prof. Prof. Senior Tech. Support Labor Expenses
Number Subtask Name/Description Engineer LA Prof.LA Engineer Support Analyst Staff Total xl.l (Nearest$100) (Travel Expenses-i.e.
$263.0 $297.0 $135.0 $147.0 $101.0 $131.0 .$96.0 mileage and travel)
Phase 3
3.1 'Task 3.1-Bidding Phase Services - -
Pre-Bid Meeting 2 2 2 $ 664 $ 664 $47
Answer Questions during Bid 2 2 8 8 2 2 $ 3,770 $ 3,770
Issue Addenda 8 8 2 1 $ 2,554 $ 2,554
Bid Opening/Bid Review 8 2 2 $ 1,474 $ 1,474 $47
Award Recommendation 2 2 1 $ 960 $ 960 $46
Subtotal(Hours) 2 4 28 16 8 0 8 $ 9,422 L $ 9,422_ _ f
I Task 311atal(Dollars)] $526 � $1,188 ] $3,780 J $2,352 1,_$808 L $0 $768 I _ -$9,422 r _$O--I $9,422 $9,400 $140
3.2' --- '1'ask3.2-E,anstruction PhoseSer�lvices -
- Pre Con 2 3 2 $ 765 $ 765
Meetings and Site Visits 90 40 18 8 $ 19,316. $ 19,316 $360
Change Orders 15 8 5 2 $ 3,898 $ 3,898
Shop Drawings/Submittals 15 8 15 2 $ 4,908 $ 4,908
Punchlist and Site Visit 12 10 15 10 2 $ 8,321 $ 8,321 $1,300
Record Drawings 5 10 2 $ 1,877. $ 1,877
TDLR 5 2 2 $ 1,069 $1,650 $ 2,719 $200
Warranty Review and Site Visit 15 2 $ 2,217 $ 2,217 $1,000
Subtotal(Hours) 0 12 157 31 85 18 22 $ 42,371 $ 44,021
t ask.1.I Fatal(Dollars) $0 $3,564 $21,195 $4,557 $8,585 $2,358 $2,112 $42,371 $1,650 I $44,021 $44,000 ' $2,860
Phase 3-Total(Dollars) $526 $4,752 $24,975 $6,909 $9,393 $2,358 $2,880 $51,793 $1,650 $53,443 $53,400 $3,000
Labor Total $457,161 $102,905 $560,066 $560,400 $9,000
Total S 560,400 $ 9,000
Base Scope Total Fee
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