2009-06-01 CITY COUNCIL SPECIAL MEETING
Page 1 of 2 – 6/1/2009
AGENDA – SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON MONDAY, JUNE 1, 2009, AT 7:00 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. PURPOSE OF THE MEETING:
1. CONSIDERATION AND POSSIBLE ACTION – REMOVE FROM
TABLE RESOLUTION NO. R2009-66. City Council.
1A. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-66 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING AND ARCHITECTURAL DESIGN SERVICES
ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER
PROJECT. Mr. Danny Cameron, Director of Public Works.
2. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-91 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City
Manager.
3. CONSIDERATION AND POSSIBLE ACTION – REMOVE FROM
TABLE RESOLUTION NO. R2009-80. City Council.
3A. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-80 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING FUNDING FOR CHAMBER
OF COMMERCE EQUIPMENT. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-93 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING PROPOSED PROJECTS
FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
FORMULA GRANT (JAG). Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-92 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1
ASSOCIATED WITH THE SH 288 / BELTWAY 8 UTILITY PROJECT.
Mr. Trent Epperson, Project Director.
Page 2 of 2 – 6/1/2009
6. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-87 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
ASSOCIATED WITH THE MCHARD ROAD PROJECT.
Mr. Trent Epperson, Project Director.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 – CONSULTATION WITH CITY
ATTORNEY – REGARDING ECONOMIC DEVELOPMENT
INCENTIVES. Mr. Bill Eisen, City Manager.
2. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION
REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL
GOALS. Mr. Bill Eisen, City Manager.
3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS.
Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
7. CONSIDERATION AND POSSIBLE ACTION – REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
8. CONSIDERATION AND POSSIBLE ACTION – DISCUSSION
REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS.
City Council.
9. CONSIDERATION AND POSSIBLE ACTION – REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS. City Council.
III. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
New
Business
Item No. 1
1. CONSIDERATION AND POSSIBLE ACTION – REMOVE FROM TABLE
RESOLUTION NO. R2009-66. City Council.
1A. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-66 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING AND ARCHITECTURAL DESIGN SERVICES
ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT.
Mr. Danny Cameron, Director of Public Works.
Revised 2009-01-14
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
The Hillhouse site was acquired by the City in 2005 for the express purpose of
constructing a city facility. Subsequently, the Public Works Department contracted with
Maintenance Design Group (MDG) to evaluate the site for a possible satellite service
center. MDG and Public Works went through a week long charette and based on their
evaluation of space needs, as well as identified uses to serve various city departments,
a master site plan was developed for the Hillhouse site as well as future remodeling of
the existing Public Works site. This site plan was refreshed by MDG in December 2008,
and a Request for Qualifications (RFQ) was advertised to attract engineering and
architectural firms.
We received 18 responses to the RFQ on February 5, 2009. A selection committee
consisting of representatives from Public Works, Projects, Engineering, City
Administration, and MDG reviewed the submittals and selected four companies to
AGENDA OF: June 1, 2009 ITEM NO.: Resolution No. R2009-66
DATE SUBMITTED: May 22, 2009 DEPARTMENT OF ORIGIN: Public Works
PREPARED BY: Danny Cameron PRESENTOR: Danny Cameron
REVIEWED BY: Jon R. Branson REVIEW DATE: May 22, 2009
SUBJECT: Hillhouse Satellite Service Center Design
EXHIBITS: Resolution No. R2009-66; (Exhibit A to Resolution No. R2009-66,
Contract)
1 – Council Follow-up, 2 – Master Site Plan, 3 – Financials, 4 –
Program and Cost Estimates, 5 – Conceptual Cost Estimate, 6 – 5 Year
Construction Phasing Plan and Floor Plans
EXPENDITURE REQUIRED: $1,147,500 AMOUNT BUDGETED: $3,027,951
AMOUNT AVAILABLE: $2,215,565 PROJECT NO.: T50071
ACCOUNT NO.: 050-0000-565.01-01
ADDITIONAL APPROPRIATION REQUIRED:
ACCOUNT NO.:
PROJECT NO.:
To be completed by Department:
Finance Legal Ordinance Resolution
Revised 2009-01-14
interview. After completing interviews, the selection committee was unanimous in its
decision to rank Huitt-Zollars, Inc. first. We entered into contract negotiations with that
firm, and are submitting their proposal for Council review and approval.
Our plan—and the funding strategy for this project—is to construct the entire facility
over approximately five years. In order to minimize coordination problems between the
construction phases, the entire design will be completed by the same company during
the first year of the project. Important milestones include having a fueling system
operational by the time the Public Safety Building is staffed and having a Traffic
Operations Center (to be included in the main Hillhouse site building) ready by the end
of 2010. These deadlines have been discussed with Huitt-Zollars, and are built into
their proposal.
Huitt-Zollars has worked in and for the City of Pearland on several occasions in the
past, and our check of references shows that their clients have been pleased with their
work. They have designed several similar maintenance facilities in the region and have
a good understanding of the specific requirements. MDG has also worked with them in
the past and has stated that they are a responsible and conscientious firm. In addition,
they have partnered with companies that have extensive experience in designing Traffic
Operations Centers and Intelligent Traffic Systems. The total budgeted construction
cost for this project is $11,097,780; the total design fee for all five phases is $1,343,000,
which represents approximately 12% of that cost, and is reasonable for a project of this
type. We have no reservations in selecting Huitt-Zollars for design of the complete
facility.
RECOMMENDED ACTION
Council award of a contract for engineering and architectural design services for the
Hillhouse site to Huitt-Zollars, Inc. in the amount of $1,147,500.00.
RESOLUTION NO. R2009-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND
ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE
HILLHOUSE SERVICE CENTER PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction engineering and architectural
design services associated with the Hillhouse Service Center 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 engineering and architectural design services
associated with the Hillhouse Service Center Project.
PASSED, APPROVED and ADOPTED this the _____ day of _________________,
A.D., 2009.
_________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on April 27, 2009 by and between the City of Pearland
("CITY") and Huitt-Zollars, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Hillhouse Satellite Service Center ("PROJECT").
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 engineering and architectural design work,
including bid phase and construction administration tasks as detailed. 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,
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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.
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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of project
construction.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is payment by installments. Total
compensation for the services performed shall not exceed $1,317,000.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the preliminary design _30 % plans, payments to the
CONSULTANT shall not exceed _25 % of the total CONTRACT
amount.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed _80__% of the total CONTRACT
amount. The final approval and payment will be made within a reasonable
period of time regardless of the project construction schedule.
3. If the scope of work of this CONTRACT includes the preparation of studies,
design concepts, or other investigations, progress payments shall not
exceed _15_% of the total CONTRACT amount prior to submittal of the
final report deliverables.
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
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CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSUTANT’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 1500 South Dairy Ashford, Suite 200; Houston,
TX 77077-3858. 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.
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F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
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.
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SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this ______ day of _____________, 2009.
____________________________ ____________________________
CITY OF PEARLAND, TEXAS CONSULTANT
Bill Eisen
(Print name)
City Manager
(Title)
MEMO:
TO: Jon Branson, Assistant City Manager
FROM: Jennifer Phan, Assistant Director of Public Works
CC: Danny Cameron, Director of Public Works
SUBJECT: COUNCIL FOLLOW-UP FOR HILLHOUSE PROJECT
DATE: 5/28/2009
This memo is intended to address some of the concerns expressed by the City Council in
its deliberation of an agenda item during the April 27, 2009 meeting.
Background
In 2005, the City acquired a 10-acre property on Hillhouse Road, just north of FM518
and west of Cullen Dr. This property was acquired through eminent domain for the
purpose of constructing a city facility. Soon after, the Public Works department was
charged with conducting a study to determine best use for the property. In order to do
that, we contracted with Maintenance Design Group (MDG) in 2006 to complete a space
needs assessment and preliminary site concept.
As part of the study, MDG reviewed the existing Public Works Service Center facility,
taking into account expected growth in the department as well as expected departmental
relocations. Each city department was polled for their expected storage needs, both
climate- and non-climate-controlled, which were then incorporated into the space needs
assessment. The entire study resulted in two separate site plans: one for the Hillhouse
facility, and the other for the Orange St. Service Center.
Both renovation plans were submitted for inclusion in the 2007-08 Capital Improvements
Plan (CIP). The intention was to complete the Hillhouse construction in phases
associated with external needs; for example, phase 1 of the construction will incorporate
fuel pumps, a vehicle wash, and site grading and drainage. This is tied in with the new
Public Safety Building: with over 100 police vehicles based there, it makes sense that
those vehicles should not travel to the Orange St. facility in order to refuel or be washed.
The estimate included in the CIP at that time was directly taken from the 2006 MDG
study. When the CIP was updated for 2008-09, the estimate was inflated somewhat to
take into account the expected construction years, and specific line items were re-
estimated based on Public Works knowledge.
Infrastructure improvements were begun in FY2008, including finishing Hillhouse Road
paving and drainage and extending water and sanitary lines up to the city’s property.
These improvements were completed in January 2009.
The first portion of the CIP funding for the new facility was available in FY2009. We
therefore contacted MDG in November 2008 to “refresh” their study and create a Request
for Qualifications (RFQ) document that would assist the city in selecting a design
engineer for the project. We reviewed the proposed construction phasing and the space
needs assessment—again contacting all city departments for their expected storage needs.
In addition, a Traffic Operations Center was incorporated into the site plans; this was not
foreseen during the 2006 study. We also evaluated several design features, including
expected requirements of the UDC and pavement options, in order to design in some cost
savings where possible. At this time, we requested (and received) assistance from the
Projects department to ensure we were following current city policies and protocols with
regard to capital projects.
As a part of the RFQ preparation, we discussed the pros and cons of completing all
design at the beginning of the project versus incorporating design into each of the funded
years. An analysis completed by MDG suggested a slight cost savings (~$60,000) could
be realized by completing all design at the beginning of the project. However, the non-
financial reasons for setting up the contract this way are more important, and could
potentially save the city much more money. The Projects Director has some experience
with completing a facility similar to this one; that project incorporated design into each
phase (rather than completing the design “up front”), and he strongly recommends not
following that route.
Advantages of Up-Front Design
The total build out of the site includes fuel pumps, an automatic car wash, a site
generator, an administrative/traffic operations building, a fleet maintenance building,
non-climate controlled storage, various material storage areas, and paved equipment
parking. The master site layout plan is attached. The first phase of this project includes
all site grading and underground utility installation. In order to ensure that both adequate
detention is provided and utilities are installed in the correct location, a fully developed
site plan is a necessity. However, to properly design the utilities, it is essential to know
not only where they are going, but also the actual electrical load, plumbing locations in
buildings, communication needs, etc. This information will only be available if the
design is completed to a certain level: for engineering plans, this would usually be the
60% level; because this design incorporates both engineering and architectural design, it
is considered “design development” phase.
Even though construction documents would be completed within the first year for the
entire project, it is also important to understand that these documents will not be set in
stone. Before each phase is issued for construction, it will be reevaluated for
appropriateness and conflicts with existing facilities. Buildings that are being constructed
on this site are not dependent on future city (population) growth, although they are
planned to service the city’s needs for the next 20 years. The traffic operations center
will be designed to accommodate all traffic signals and communications anticipated for
that amount of time. The fleet maintenance building will also be designed to facilitate
service for the city’s fleet based on the west side of town. Since no offices are planned
for the site (outside of the traffic management department), additional city staff would not
have an impact on the building design. Likewise, the on-site storage areas are intended
for overflow storage from the Orange St. Service Center, and will not change based on
city population. Therefore, with careful attention to flexible design, it is unlikely that any
significant changes will be warranted because of early design completion.
A final advantage to completing design work at the beginning of the project is that there
will not be coordination issues between various engineering firms that may be employed
by the city over the course of the project. Even assuming this engineering firm completes
plans only through the design development phase, any other firms coming into the project
would need to confirm those plans (at a cost), then ensure that their design is consistent
with any facilities that had already been constructed. A small change to specified
equipment or building layouts could mean high costs in underground utility work. Any
time more than one design firm is employed on a single project, there is also the
opportunity for “finger-pointing” when problems arise. Keeping a single engineering
firm throughout the project design and implementation improves accountability and
reduces the tendency to deflect blame.
Budget Attachments
In the spreadsheet titled “Financials”, there are two separate tables. The top one shows
the cash flow anticipated by the 2009-2013 CIP. The lower one shows actual funds
budgeted for this project through FY2009. There are some discrepancies in these two
tables, most of which are because the project shown in HTE (T50071) was previously
used for right-of-way purchase and infrastructure work related to the Hillhouse site,
including the recently-completed road, water and sewer project. When the CIP project
(FA0901) was approved for FY 2008-2012, the Finance department simply added the
budget allocation for FY2009 to the existing project number in HTE.
Looking at the lower table, the budgeted amount shows the total budgeted to this project,
including both CIP allocation and previous amounts. This number shows up on the
agenda request as “Amount Budgeted.” The “Amount Available” shown on the agenda
request is the total budgeted, less actual expenditures and encumbered funds. Also in the
lower table, you can see that the city budgeted $875,745 for the right of way and
infrastructure portion of this project.
The next spreadsheet, “Hillhouse estimate,” breaks out the costs that went into the CIP
estimate. These costs are based on the 2006 study completed by Maintenance Design
Group (MDG). I put together the spreadsheet, using some costs from the 2006 MDG
study, updated to current prices or appreciated several years. In that spreadsheet, design
and construction management fees were estimated purely as a percent of estimated
construction costs, 8% and 5% respectively. Year-by-year phasing, with regard to what
is actually planned for construction each year, is fairly consistent with the phasing
presented in the RFQ package.
The spreadsheet titled “Program and cost estimate” was developed by MDG during the
RFQ preparation. Please refer to the six spreadsheet tabs starting with “5 phase arch in
each”. The first two of those tabs compare total estimated project costs (with design
provided in each phase) versus costs with all design in the first phase. This table shows
the expected $60,000 in savings. The third tab (“Comparison”) summarizes the
information in the previous two tabs. The next tab (“Schedule”) shows an expected
design and construction schedule for the entire project, again comparing the two design
options. This schedule identifies expected expenditures by fiscal year, not just by phase.
There are also charts on this page that identify “proposed allocation” (their estimate)
versus “city allocation” (CIP budget). These expenditures are detailed in the
“Breakdown” spreadsheet tab. The last tab, “Chart Data,” gives a comparison of
estimated expenditures versus city budget, and shows that for each option, the budgeted
amount (including funds carried over from previous years) is adequate to fund that year’s
projected activities, even though the actual expenses per year may vary from what was
estimated in the CIP.
Finally, the spreadsheet titled “2009 Estimate” is an estimate received from Huitt-Zollars
after the council discussion. While this estimate is higher than the previous estimates, it
also is the first to incorporate the full scope of the project, including the Traffic
Operations Center and a complete fleet maintenance facility. Of course, it also does not
yet take into account any cost savings that may be realized during design and value
engineering. Based on this estimate, the Huitt-Zollars proposal for basic design
services—including design phase services and five separate bids, construction phases,
and close out phases—represents less than 9% of the estimated construction cost.
FA0901 - Hillhouse Road Annex (CIP)Projected Appropriations FY2009 2010 2011 2012 2013PER-$ Right of Way-$ Design 217,413.00$ 125,145.00$ 214,454.00$ 189,955.00$ 168,578.00$ 915,545.00$ Construction 1,817,907.00$ 1,607,620.00$ 2,586,438.00$ 2,258,588.00$ 2,212,590.00$ 10,483,143.00$ Equipment 116,886.00$ 34,901.00$ 228,276.00$ 234,574.00$ 614,637.00$ Contingency-$ Totals 2,152,206.00$ 1,767,666.00$ 3,029,168.00$ 2,683,117.00$ 2,381,168.00$ 12,013,325.00$ T50071 - Hill House (HTE)Acct. Number Budget Actual Encumbered Available CIP allocation FY2009 Previous budgetedEngineering/Survey 050-0000-565.01-01 450,000.00$ 165,439.04$ 4,804.62$ 279,756.34$ 217,413.00$ 232,587.00$ ROW acquisition 050-0000-565.02-02 -$ 12,145.28$ (12,145.28)$ ROW appraisal 050-0000-565.02-04 -$ 3,000.00$ (3,000.00)$ ROW title research 050-0000-565.02-06 -$ 454.10$ (454.10)$ Construction (general) 050-0000-565.03-00 2,577,951.00$ 17,010.82$ 3,594.00$ 2,557,346.18$ 1,934,793.00$ 643,158.00$ Construction 050-0000-565.03-01 -$ 544,023.60$ 61,914.00$ (605,937.60)$ 3,027,951.00$ 742,072.84$ 70,312.62$ 2,215,565.54$ Project CostsProject Total
Cost Breakdown by Fiscal YearSatellite Service CenterCity of PearlandSchedule Option A: Design Provided In Each PhaseDescriptionRemarksAllocation Based on Phase onlyNo Escalation With Escalation No Escalation With Escalation No Escalation With Escalation No Escalation With Escalation No Escalation With EscalationA/E FeesConstruction Envir Reports Survey Testing ReportsProject Costs (2008 Dollars) Project Costs (Escalated)Construction ManagementEstimated Project Costs $10,958,669jpescalation$11,826,368FY 08/09A/E Fees (Preliminary Design) $67,388Preliminary in Phase 1 includes final Site Design and Start of Fuel System Design (35% of total)$67,388 $67,388 $67,388A/E Fee (Final Design) $125,150(65% of total)$125,150$125,150 $125,150$192,538 $192,538FY 09/10Construction (Phase 1) $2,406,724 $2,406,724 $2,406,724 $2,406,724Environmental Reports $50,000 $50,000$50,000 $50,000Surveys/Tests/Reports $24,067 $24,067Phase 1$24,067 $24,067Construction Management $90,598 $90,598$2,763,927$90,598 $90,598A/E Fees (Phase 2) $234,368$246,086$234,368 $246,086$2,805,756 $2,817,475FY 10/11Construction(Phase2)$2 929 597$3 076 077$2 929 597$3 076 077Construction (Phase 2)$2,929,597$3,076,077$2,929,597$3,076,077Surveys/Tests/Reports $29,296 $30,761Phase 2$29,296 $30,761Construction Management $107,575 $112,954$3,465,877$107,575 $112,954A/E Fees (Phase 3) $181,917$200,563$181,917 $200,563$3,248,384 $3,420,354FY 11/12Construction (Phase 3) $2,273,957 $2,507,038 $2,273,957 $2,507,038Surveys/Tests/Reports $22,740 $25,070Phase 3$22,740 $25,070Construction Management $83,869 $92,466$2,825,137$83,869 $92,466A/E Fees (Phase 4) $76,589$88,662$76,589 $88,662$2,457,156 $2,713,236FY 12/13Construction (Phase 4) $957,366 $1,108,271 $957,366 $1,108,271Surveys/Tests/Reports $9,574 $11,083Phase 4$9,574 $11,083Construction Management $35,126 $40,663$1,248,678$35,126 $40,663A/EFees(Phase5)$88 952$108 122$88 952$108 122A/E Fees (Phase 5)$88,952$108,122$88,952$108,122Construction (Phase 5) $555,95150% of Phase 5 Construction$675,762 $555,951 $675,762Surveys/Tests/Reports $5,56050%$6,758$5,560 $6,758Construction Management $20,39850%$24,794$20,398 $24,794$1,672,927 $1,975,452FY 13/14Construction (Phase 5) $555,95150% of Phase 5 Construction$675,762 $555,951 $675,762Surveys/Tests/Reports $5,56050%$6,758Phase 5$5,560 $6,758Construction Management $20,39850%$24,794$1,522,749$20,398 $24,794$581,909 $707,313$10,958,669 $11,826,368$11,826,368$774,364 $835,971 $9,679,546 $10,449,633 $50,000 $50,000 $96,795 $104,496 $357,964 $386,268$61,607 $770,087 $0 $7,701 $28,304A/E Fees $774,364 $835,971$867,699BreakdownPage 1
Cost Breakdown by Fiscal YearSatellite Service CenterCity of PearlandConstruction $9,679,546 $10,449,633No Escalation$10,958,669Environmental Reports $50,000 $50,000With Escalation$11,826,368Surveys/Tests/Reports $96,795 $104,496Construction Management $357,964$386,268$10,958,669 $11,826,368BreakdownPage 2
Cost Breakdown by Fiscal YearSatellite Service CenterCity of PearlandSchedule Option B: Design Provided In Phase 1DescriptionRemarksAllocation Based on Phase onlyNo EscalationWith Escalation No EscalationWith Escalation No EscalationWith Escalation No EscalationWith Escalation No EscalationWith EscalationProject Costs (2008 Dollars)Project Costs (Escalated)A/E FeesConstruction Envir Reports Survey Testing Reports Construction ManagementEstimated Project Costs $10,958,669Total adjusted to accommodate anticipated escalation$11,764,761FY 08/09A/E Fees (Preliminary Design) $116,155Preliminary is Phase 1: includes final Site Design and Start of Fuel System Design (15% of total)$116,155$116,155 $116,155$116,155 $116,155FY 09/10A/E Fee (Final Design) $658,209(85% of total)$658,209 $658,209 $658,209Construction (Phase 1) $2,406,724 $2,406,724 $2,406,724 $2,406,724Environmental Reports $50,000 $50,000$50,000 $50,000Surveys/Tests/Reports $24,067 $24,067Phase 1$24,067 $24,067Construction Management $90,598$90,598$3,345,752$90,598 $90,598$3,229,598 $3,229,598FY 10/11Construction(Phase2)$2,929,597$3,076,077$2,929,597$3,076,077Construction (Phase 2)$2,929,597$3,076,077$2,929,597$3,076,077Surveys/Tests/Reports $29,296 $30,761Phase 2$29,296 $30,761Construction Management $107,575$112,954$3,219,791$107,575 $112,954$3,066,468 $3,219,791FY 11/12Construction (Phase 3) $2,273,957 $2,507,038 $2,273,957 $2,507,038Surveys/Tests/Reports $22,740 $25,070Phase 3$22,740 $25,070Construction Management $83,869$92,466$2,624,574$83,869 $92,466$2,380,566 $2,624,574FY 12/13Construction (Phase 4) $957,366 $1,108,271 $957,366 $1,108,271Surveys/Tests/Reports $9,574 $11,083Phase 4$9,574 $11,083Construction Management $35,126$40,663$1,160,016$35,126 $40,663$1,002,066 $1,160,016FY 13/14Construction(Phase5)$1,111,902$1,351,524$1,111,902$1,351,524Construction (Phase 5)$1,111,902$1,351,524$1,111,902$1,351,524Surveys/Tests/Reports $11,119 $13,515Phase 5$11,119 $13,515Construction Management $40,796$49,588$1,414,627$40,796 $49,588$1,163,817 $1,414,627$10,958,669 $11,764,761$11,764,761$774,364 $774,364 $9,679,546 $10,449,633 $50,000 $50,000 $96,795 $104,496 $357,964 $386,268$0 $770,087 $0 $7,701 $28,304A/E Fees $774,364 $774,364$806,092Construction $9,679,546 $10,449,633No Escalation$10,958,669Environmental Reports $50,000 $50,000With Escalation$11,764,761Surveys/Tests/Reports $96,795 $104,496Construction Management $357,964$386,268$10,958,669 $11,764,761BreakdownPage 3
Huitt-Zollars, Inc.
CITY OF PEARLAND
HILLHOUSE SATELLITE SERVICE CENTER
CONCEPTUAL COST ESTIMATE
Description Unit
Est.
Qty
Probable Unit
Price Probable Cost
Base Bid Items
1. Mobilization LS 1 500,000.00$ 500,000.00$
2. Clearing and Grubbing AC 9.0 3,000.00$ 27,000.00$
3. Hydromulch Seeding AC 2 2,500.00$ 5,000.00$
4. Fencing and Gates LF 2,600 32.00$ 83,200.00$
5. Excavation CY 11,000 12.00$ 132,000.00$
6. Structural Fill CY 5,000 15.00$ 75,000.00$
7. Reinforced Concrete Paving, 6" SY 27,000 60.00$ 1,620,000.00$
8. Lime Treated Subgrade, 6" SY 27,000 5.00$ 135,000.00$
9. Lime TON 510 125.00$ 63,750.00$
10. Reinforced Concrete Sidewalk, 4 1/2" SF 800 6.50$ 5,200.00$
11. Storm Sewer Pipe, RCP LF 200 55.00$ 11,000.00$
12. 6" Water Line, Open Cut LF 2,500 65.00$ 162,500.00$
13. 6" Water Line, Jack and Bore LF 100 300.00$ 30,000.00$
14. Fire Hydrant EA 4 4,500.00$ 18,000.00$
15. Sanitary Sewer Line LF 800 45.00$ 36,000.00$
16. Clean outs, 4" PVC EA 4 500.00$ 2,000.00$
17. Sanitary Sewer Manhole EA 2 3,000.00$ 6,000.00$
18. Oil/Water Separator EA 2 5,000.00$ 10,000.00$
20. Light with pole, foundation and fixture EA 15 4,000.00$ 60,000.00$
21. Conduit and Wiring, 1" PVC LF 2,500 5.00$ 12,500.00$
22. Vehicle Maint Building (VMB) SF 7,749 250.00$ 1,937,250.00$
23. VMB Mezzanine Storage SF 2,646 125.00$ 330,750.00$
24. Main Service Building (1st Floor) SF 15,282 250.00$ 3,820,500.00$
25. Main Service Building (2nd Floor) SF 12,699 125.00$ 1,587,375.00$
26. Vehicle Fueling Island with Canopy SF 2,800 60.00$ 168,000.00$
27. Veh/Equip Wash Building SF 1,400 120.00$ 168,000.00$
28. Veh/Equip Wash Bays SF 3,500 50.00$ 175,000.00$
29. Enclosed Unheated Departmental Storage SF 4,500 50.00$ 225,000.00$
30. Covered Pipe Storage SF 4,200 45.00$ 189,000.00$
31. Covered Parking SF 8,400 45.00$ 378,000.00$
32. Granular Material Bins EA 9 12,000.00$ 108,000.00$
33. Generator EA 1 125,000.00$ 125,000.00$
34. Transformer EA 1 15,000.00$ 15,000.00$
35. Temporary Generator EA 1 50,000.00$ 50,000.00$
36. Temporary Transformer EA 1 5,000.00$ 5,000.00$
37. Landscaping and Irrigation EA 1 30,000.00$ 30,000.00$
38. Filter Fabric Fence LF 2,600 2.00$ 5,200.00$
39. Construction Entrance SY 100 25.00$ 2,500.00$
40. Equipment AL 1 350,000.00$ 350,000.00$
Subtotal 12,663,725.00$
Contingency (10%)1,266,372.50$
Probable Construction Cost in 2009 Dollars 13,930,097.50$
28-Mar-09
Page 1 of 1
New
Business
Item No. 2
2. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-91 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager.
Revised 2007-01-09
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
This contract is for election services for a Special Run-off Election – City Council
Position No. 2. This contract is identical to the contract used in the May 2009 and May
2007 Elections.
According to the Election Code Sec. 31-096, local entities have nontransferable
functions. An election services contract may not change:
(1) the authority with whom applications of candidates for a place on the ballot are
filed;
(2) the authority with whom documents are filed under Title 15; or
AGENDA OF: June 1, 2009 ITEM NO.: Resolution No. R2009-91
DATE SUBMITTED: May 21, 2009 DEPARTMENT OF ORIGIN: City Secretary
PREPARED BY: Sonia Blair PRESENTOR: Bill Eisen
REVIEWED BY: Bill Eisen REVIEW DATE: 5/21/2009
SUBJECT: Contract with Brazoria County for a Countywide Special Run-off Election on
June 20, 2009, for a City Council Position No. 2.
EXHIBITS: Resolution No. R2009-91; (Exhibit A Resolution No. R2009-91, Special
Run-off Election Agreement and Contract for Election Services).
1. Estimated Cost for Run-off Election
2. Estimated Early Voting Cost
3. Estimated Election Day Cost
EXPENDITURE REQUIRED: $15,485.80 (estimate) AMOUNT BUDGETED: $9,000
AMOUNT AVAILABLE: $0 PROJECT NO.: N/A
ACCOUNT NO.: 010-1050-555.15-00
ADDITIONAL APPROPRIATION REQUIRED: $15,485.80
ACCOUNT NO.: 010-1050-555.15-00
PROJECT NO.: N/A
To be completed by Department:
Finance Legal Ordinance Resolution
Revised 2007-01-09
(3) the authority to serve as custodian of voted ballots or other election records,
except that a contract with a political subdivision other than a city may provide
that the county election officer will be the custodian of voted ballots.
The Brazoria County Contract provides in Section XI the County Clerk is appointed
general custodian of voted ballots and all records of the Joint Election
The other duties as required by the Election Code will be conducted by the City
Secretary’s Office.
The amount of the proposed cost of this election is an estimate.
Section XIV. COST ESTIMATES AND DEPOSIT OF FUNDS
The Political Subdivision agrees to pay Brazoria County a deposit of $7,742.09, which is
approximately fifty (50) percent of the total estimated obligation of the Political
Subdivision to the County under the agreement.
The fiscal year 2008-2009 budget included $9,000 for the November 2008 and the May
2009 election and additional appropriation is needed for the May 2009 Election and the
June 20, 2009 Special Run-off Election . This funding can come from the General
Fund-Contingency Account which has a balance of $152,809.
RECOMMENDED ACTION
Consider the Resolution and approve the contract to authorize Brazoria County to
conduct a Countywide Election for City Council Position No. 2.
RESOLUTION NO. R2009-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA
COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain election services agreement by and between the City of
Pearland and Brazoria County, 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 an election services agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the _____ day of _________________,
A.D., 2009.
_________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
New
Business
Item No. 3
3. CONSIDERATION AND POSSIBLE ACTION – REMOVE FROM TABLE
RESOLUTION NO. R2009-80. City Council.
3A. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-80 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING FUNDING FOR CHAMBER OF
COMMERCE EQUIPMENT. Mr. Bill Eisen, City Manager.
Revised 2007-01-09
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
During a recent quarterly report to you, Chamber of Commerce representatives
presented information regarding audio/visual equipment they would like to purchase for
the new Commerce Center. Descriptions of the various pieces of equipment are
attached. The equipment will be used to assist both visitors/tourists and businesses
considering locations in the City.
The City Attorney has determined that Hotel/Motel Occupancy Tax funds can be
utilized for this purpose. The City Council has delegated oversight of expenditure of
these funds to the PEDC Board of Directors. Discussion of this issue is included on the
joint PEDC-City Council workshop. In the event that the PEDC makes a
recommendation after that discussion, this matter has been placed on your agenda.
RECOMMENDED ACTION
Consider the recommendation of the PEDC Board of Directors regarding funding
for AV equipment for the Pearland Area Chamber of Commerce’s Commerce Center.
AGENDA OF: June 1, 2009 ITEM NO.: Resolution No. R2009-80
DATE SUBMITTED: May 29, 2009 DEPARTMENT OF ORIGIN: Administration
PREPARED BY: Bill Eisen PRESENTOR: Bill Eisen
REVIEWED BY: Bill Eisen REVIEW DATE: May 29, 2009
SUBJECT: Purchase of Equipment by Pearland Area Chamber of Commerce
EXHIBITS: Resolution No. R2009-80
1 - Description of Equipment
EXPENDITURE REQUIRED: $110,000 AMOUNT BUDGETED: 0
AMOUNT AVAILABLE: PROJECT NO.:
ACCOUNT NO.:
ADDITIONAL APPROPRIATION REQUIRED: Up to $110,000
ACCOUNT NO.: 045-6900-555.11-00
PROJECT NO.:
To be completed by Department:
Finance Legal Ordinance Resolution
RESOLUTION NO. R2009-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING FUNDING FOR CHAMBER OF COMMERCE
EQUIPMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 351 of the Tax Code authorizes the expenditure
Municipal Hotel Occupancy Tax Funds for the construction, improvement, enlargement,
equipping, repairing, operation and maintenance of visitor information centers.
Section 2. That the new Pearland Area Chamber’s Commerce Center will have a
visitor information center, and the City Council desires to provide a grant of Municipal Hotel
Occupancy Tax Funds in an amount of $_____________or the purchase of equipment
associated with the Commerce Center’s visitor information center.
Section 3. That the City is authorized, pursuant to Chapter 380 of the Local
Government Code, to make grants for public funds for the purpose of promoting local
economic development and stimulating business and commercial activity within the City.
Section 4. That the City Council hereby grants $_______________ of Municipal
Hotel Occupancy Tax Funds to the Pearland Area Chamber for the purpose of purchasing
equipment associated with the Commerce Center’s visitor information center.
Section 5. That it is the City Council’s intent that the grant authorized herein is for
the specific purpose of providing information to new business prospects and tourists in a
manner that directly enhances and promotes commercial activity and tourism in the City.
PASSED, APPROVED and ADOPTED this the _____ day of _________________,
A.D., 2009.
RESOLUTION NO. R2009-80
2
________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
New
Business
Item No. 4
4. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-93 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING PROPOSED PROJECTS FOR THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA
GRANT (JAG). Mr. Bill Eisen, City Manager.
Revised 2007-01-09
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
In April, 2009, the City of Pearland received notice from H-GAC soliciting applications for projects
that reduce crime and improve the efficiency and effectiveness of the criminal justice system. The
minimum funding level is $10,000, requires no match, and is one year in length, beginning October
1, 2009 through September 30, 2010.
City staff proposes to apply for $587,870 for the purchase of equipment for police officers, as
follows: $285,000 for 60 portable radios, $122,200 for mobile radios to be installed in patrol cars,
$92,800 for 10 video cameras for patrol cars, $43,050 for 7 video cameras for motorcycles, and
$44,820 for an AFIS Printrack (fingerprint) Latent Lite System. All of these items were submitted
via the budget process for fiscal year 2010 by the Police Department.
AGENDA OF: 6/1/2009 ITEM NO.: Resolution No. R2009-93
DATE SUBMITTED: 5/26/2009 DEPARTMENT OF ORIGIN: Finance
PREPARED BY: Claire Manthei PRESENTOR: Bill Eisen
REVIEWED BY: Bill Eisen REVIEW DATE: 05/28/09
SUBJECT: Edward Byrne Memorial Justice Assistance (JAG) Formula Grant
Program, American Recovery and Reinvestment Act of 2009
EXHIBITS: Resolution No. R2009-93
1 - H-GAC Announcement of Solicitation for Applications
EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: N/A
AMOUNT AVAILABLE: N/A PROJECT NO.: N/A
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: -0-
ACCOUNT NO.: N/A
PROJECT NO.: N/A
To be completed by Department:
Finance Legal Ordinance Resolution
Revised 2007-01-09
RECOMMENDED ACTION
Consideration and approval of the Resolution approving the proposed projects for the Edward
Byrne Memorial Justice Assistance (JAG) Formula Grant.
RESOLUTION NO. R2009-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING PROPOSED PROJECTS FOR THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the following expenditures of JAG Grant Funds for FY 2010-2011
are hereby authorized and approved:
• $285,000 for 60 portable police radios
• $122,200 for portable radios to be installed in patrol cars
• $92,800 for patrol car video cameras
• $43,050 for 7 motorcycle video cameras
• $44,820 for an AFIS (fingerprint) Latent Lite System
PASSED, APPROVED and ADOPTED this the ________ day of ______________,
A.D., 2009.
_________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
New
Business
Item No. 5
5. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-92 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1
ASSOCIATED WITH THE SH 288 / BELTWAY 8 UTILITY PROJECT.
Mr. Trent Epperson, Project Director.
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
On March 2, 2009 Council awarded the contract in the amount of $1,985,718.55 for the
construction of the Sanitary Sewer, Water Line, Force Main and Lift Station along the
southeast quadrant of the Beltway 8 and SH288 intersection to Reddico Construction
Company, Inc. This bid was 31% below the Engineer’s Estimate for the project.
A Notice to Proceed was issued effective March 23, 2009. The contract included a a
provision of two hundred forty (240) days to Substantial Completion which will occur on
November 17, 2009. The Contractor’s latest schedule includes an anticipated
Substantial Completion date of August 11, 2009, or three months prior to the required
contract date.
On March 27, 2009 the contractor submitted an RFI No. 1 requesting direction from the
engineer for the construction methods to be used when wet sands/unstable soils are
encountered. The engineer responded that “with proper de-watering, AA Bedding
AGENDA OF: June 1, 2009 ITEM NO.: Resolution No. R2009-92
DATE SUBMITTED: May 22, 2009 DEPARTMENT OF ORIGIN: Projects
PREPARED BY: Teresa Battenfield PRESENTOR: Trent Epperson
REVIEWED BY: Mike Hodge REVIEW DATE: May 26, 2009
SUBJECT: Construction of SH 288 and Beltway 8 Utilities Change Order #1
EXHIBITS: Resolution No. R2009-92, (Exhibit A to Resolution No. R2009-92,
Change Order #1)
1 – Engineer’s Recommendation Letter
EXPENDITURE REQUIRED: $86,730.00 AMOUNT BUDGETED: $3,428,235
AMOUNT AVAILABLE: $739,484.18 PROJECT NO.: W67072
ACCOUNT NO.: 067-0000-565-03.01
ADDITIONAL APPROPRIATION REQUIRED: N/A
ACCOUNT NO.: N/A
PROJECT NO.: N/A
To be completed by Department:
Finance Legal Ordinance Resolution
Detail should be used through out the project. The Bedding and Backfill for Wet
Sand detail will be used only if circumstances are encountered where the AA detail
cannot be utilized.” The Engineer’s response was based upon the recommendations
contained in the Geotechnical Study completed by Tolunay-Wong Engineers, Inc.
during the design phase of this project. The Geotechnical Study indicated that
groundwater control will be necessary during completion of the project, and
groundwater control is the contractor’s responsibility. The contract includes an
allowance of $100,000 for extra work associated with dewatering. It was anticipated
that once the water was pulled down, the contractor would have a stable trench bottom
to install the utilities.
Unfortunately, unforeseen conditions have been encountered in the project. While
extensive dewatering has been utilized during the project, the contractor has
encountered sandy pockets that create more water leaking into the excavation causing
an unstable trench bottom. When these unforeseen conditions are encountered, all
parties involved in the construction of the project including: the contractor, construction
manager, engineer, geotechnical engineer, and City staff recommend the use of the
“Bedding and Backfill for Wet Sand” detail shown on page 44 of the plans. The
construction inspector witnesses the excavation and dewatering, and approves the use
of the “Bedding and Backfill for Wet Sand” where necessary. The Engineer concurs
with this recommendation.
A cost proposal has been negotiated with the contractor for the use of wet sand
construction bedding in lieu of bank sand bedding in areas of the project where
unforeseen changes in site conditions are discovered. Reddico Construction Company,
Inc. has submitted a cost of $29.40/foot for the additional materials, labor and profit
associated with the change. At this time, it is anticipated that 2950 feet of the
alternative method will be necessary due to the presence of unforeseen conditions.
Change Order #1 covers the cost for the use of the “Bedding and Backfill for Wet Sand”
at $29.40/foot for 2950 feet at a total cost of $86,730.00.
.
Project Budget Information
Budget Fund 67 $ 3,428,235
Previous Expenditures
Design Services $ (353,345)
ROW $ (5,532)
Construction $ (1,985,719)
Construction Management & Insp $ (228,725)
Construction Materials Testing $ (65,430)
Current Expenditure – $ (86,730)
Future Estimated Expenses
ROW (Eminent Domain) $ (50,000)
Potential Return to Fund $ (652,754)
Project Balance $ 0
RECOMMENDED ACTION
Staff recommends City Council approve Change Order #1 to the construction contract
of Reddico Construction Company, Inc. in the amount of $86,730.00 for the use of the
“Bedding and Backfill for Wet Sand,” and authorize the City Manager to execute the
Change Order.
RESOLUTION NO. R2009-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE
SH 288 / BELTWAY 8 UTILITY PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Change Order No.1 associated with the SH 288 / Beltway 8 Utility
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 Change Order No. 1 associated with the SH 288 / Beltway
8 Utility Project.
PASSED, APPROVED and ADOPTED this the _____ day of _________________,
A.D., 2009.
_________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
New
Business
Item No. 6
6. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO.
R2009-87 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
ASSOCIATED WITH THE MCHARD ROAD PROJECT.
Mr. Trent Epperson, Project Director.
Revised 2007-01-09
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
EXECUTIVE SUMMARY
The McHard Road extension from County Place Blvd to Cullen Road is part of the 2008-
2013 CIP program. In preparation for the May 2007 bond election, Claunch & Miller,
Inc. (now HDR | Claunch & Miller, Inc.) produced a Preliminary Engineering Report
(PER) for this project. The PER provided an alignment for the roadway, 30% roadway
design plans, preliminary design recommendations and construction cost estimates, an
Environmental Assessment, Geotechnical Report and topographic survey. The project
was originally scheduled in the CIP to begin in 2010. However, due to the change in
scope of Cullen Road, McHard Road’s start date was advanced to allow traffic to have
an alternate route to continue on to Hwy 288.
Bidding of the CIP portion of the project was postponed in order to add reconstruction of
the existing roadway and drainage from CR 94 to Country Place Blvd. On April 27,
AGENDA OF: June 1, 2009 ITEM NO.: Resolution No. R2009-87
DATE SUBMITTED: May 21, 2009 DEPARTMENT OF ORIGIN: Projects
PREPARED BY: Cara Davis PRESENTOR: Trent Epperson
REVIEWED BY: Mike Hodge REVIEW DATE: May 26, 2009
SUBJECT: McHard Road Extension (Country Place to Cullen Blvd) & Reconstruction
(CR 94 to Country Place Blvd) – Construction Management and Inspection
Services
EXHIBITS: Resolution No. R2009-87, (Exhibit A Resolution No. R2009-87,
Professional Services Contract)
1 – Freese & Nichols Proposal
EXPENDITURE REQUIRED: $342,288.00 AMOUNT BUDGETED: $7,374,000.00
AMOUNT AVAILABLE: $6,654,875.00 PROJECT NO.: T20001
ACCOUNT NO.: 203-0000-565-03-00
ADDITIONAL APPROPRIATION REQUIRED:
ACCOUNT NO.:
PROJECT NO.:
To be completed by Department:
Finance Legal Ordinance Resolution
Revised 2007-01-09
2009 Council voted to approve an Interlocal Agreement with Brazoria County to cost
share the roadway items of the reconstruction. Construction of the drainage portion of
this section will be paid for 100% by Brazoria MUD4 under the Interlocal Agreement
approved by Council on May 11, 2009.
Freese &Nichols, Inc. has been selected as the firm to provide Construction
Management and Construction Inspection Services for the McHard Road Extension.
The scope of services to be provided includes the City’s Standard Scope of Services for
Construction Management and Inspection. The major items included in the scope are
preconstruction activities, weekly progress meetings, document administration and
coordination (submittal, RFI, proposals, logs, daily reports, change orders, etc.), full time
site observation, final inspections, close-out, and one-year warranty inspection.
Compensation for this contract will be based on a Cost Plus Fixed Fee. The Cost is
defined as the hourly rates, which include salary and overhead, multiplied by the
projected hours by task. This contract includes a Fixed Fee in the amount of
$34,715.00, which is 12% of the cost component. The Fixed Fee will be paid to the
consultant in equal installments throughout the 12 month scheduled construction period
less a 10% retainage of the Fixed Fee. The Consultant will be eligible to receive 50% of
the amount of the retained Fixed Fee after the issuance of a Certificate of Substantial
Completion of the project. After issuance of a Certificate of Final Completion, the
Consultant will be paid the remaining 50%.
The total contract amount of $342,288.00 is 4.56% of the estimated construction cost of
$7,505,693, which includes both the CIP portion and reconstruction portions of the
project. The proposed cost is favorably comparable to previous costs for CM/CI on
roadway projects of similar size. The City will be reimbursed by Brazoria MUD4 for the
portion of construction management, inspection and materials testing related to the
drainage, and reimbursed by Brazoria County for the portion of construction
management, inspection and materials testing related to the road reconstruction
between CR94 and Country Place Drive.
This contract will be one of two cost plus fixed fee contracts issued as a pilot for the City
of Pearland, the other being the contract awarded to Omega Engineers, Inc. for the
BW8/SH288 Utilities Project. The contract format is designed to encourage the
Construction Manager to address any problems expeditiously that may arise during
construction to ensure the construction period is as short as possible.
Freese & Nichols, Inc. has successfully completed Construction Management duties on
several City of Pearland projects including Cullen Parkway, Garden Road, and Pearland
Parkway. A Notice to Proceed will be issued to commence work as soon as the project
is bid. Construction phase services will follow immediately after.
Revised 2007-01-09
Project Budget Information
Fund 203 –
Budget Fund 200 $ 197,050
Budget Fund 203 $ 7,177,000
Brazoria County Interlocal $ 912,560
BC MUD 4 Interlocal $ 80,573
Previous Expenditures
Preliminary Engineering Report $ (185,433)
Design Services $ (369,303)
Constructability Review $ (9,800)
ROW $ (90,000)
Reconstruction Survey $ (34,975)
Reconstruction Drainage Study $ (27,250)
Reconstruction Design Services $ (105,350)
Current Expenditure –
Construction Mgmnt & Insp $ (342,288)
Future Estimated Expenses
Construction (CIP Project) $ (5,600,000)
Reconstruction (City) $ (912,560)
Reconstruction (Brazoria Co.) $ (912,560)
Reconstruction (BC MUD 4) $ (80,573)
Construction Materials Testing $ (80,000)
Project Balance $ (382,909)
The construction estimates have been revised based on the latest bids received on
other projects. However, pricing continues on a downward trend and the expectation is
that bids will be under the estimates, which will make up the currently projected shortfall
in the project balance. Therefore, no additional appropriation is necessary until bids are
received.
RECOMMENDED ACTION
Staff recommends awarding a professional services contract to Freese & Nichols, Inc.
for Construction Management and Construction Inspection Services on the McHard
Road Project, in the amount of $342,288.00, and authorizing the City Manager to
execute the contract.
RESOLUTION NO. R2009-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE
MCHARD ROAD PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and inspection
services associated with the McHard Road 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 construction management and inspection
services associated with the McHard Road Project.
PASSED, APPROVED and ADOPTED this the _____ day of _________________,
A.D., 2009.
_________________________________
TOM REID
MAYOR
ATTEST:
________________________________
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
New
Business
Item No. 7
7. CONSIDERATION AND POSSIBLE ACTION – REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
New
Business
Item No. 8
8. CONSIDERATION AND POSSIBLE ACTION – DISCUSSION
REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS.
City Council.
New
Business
Item No. 9
9. CONSIDERATION AND POSSIBLE ACTION – REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION. City Council.