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R2006-087 06-12-06 RESOLUTION NO. R2006-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR DESIGN SERVICES FOR A MASTER HIKE AND BIKE PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for design services. PASSED, APPROVED and ADOPTED this the 1ih day of June, A.D., 2006. ===><7;YJ~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: cA~ M. 0-Iwv DARRIN M. COKER CITY ATTORNEY Resolution 2006-87 6/12/06 CITY OF PEARLAND STANDARD AGREEMENT FOR CONSULTANT SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Kendiq-Keast (hereinafter "Consultant") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: ConsultantlSubconsultant( s) Fee Basis of Compensation Kendig-Keast $36,000.00 4. Lump Sum Maximum Contract Amount $36,000.00 * All financial obligations created by this agreement are between the City and Consultant, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: To Be Determined Attachments: Scope of Services - Exhibit A Project Schedule - Exhibit B 2. Services and Payment. A. Consultant will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Consultant shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Consultant shall specify the basis of compensation in the scope of work for the project. The Consultant shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Consultant based upon work completed at the payment intervals. The Consultant shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Consultant's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Consultant for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Consultant shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Consultant shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Consultant. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. If City fails to make any payment due Consultant for services and expenses within thirty (30) days after receipt and approval of Consultant's statement for services therefore, the amounts due Consultant will be increased at the rate of one half percent (0.5%) per month from said thirtieth (30th) day, and, in addition, Consultant may, after giving seven (7) days' written notice to City, suspend services under this Contract until Consultant has been paid in full, all amounts due for services, expenses, and charges. B. All the Consultant's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Consultant's work by the City shall not release the Consultant, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. 2 D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly correct errors in the Consultant's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Consultant shall prepare a project schedule identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Consultant's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Consultant of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Consultant, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Consultant and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Consultant. The City may terminate this Contract at any time during its term by giving written notice to Consultant. The City shall pay the Consultant for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Consultant's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Consultant is incompetent or undesirable, City will notify Consultant accordingly and Consultant shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Consultant's fees for services. Consultant may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Consultant will be at City's sole risk and without liability or legal exposure to Consultant, 3 or to Consultant's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Consultant to further reasonable compensation. Consultant may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk and without liability or legal exposure to City, and Consultant shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Consultant, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone 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 anyone person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnitv. 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 4 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. 9. Assiqnment. Consultant shall not assign this Contract without the prior written consent of the City. 10. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provIsions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Consultant and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 12th day of June ,2006 . CITY OF PEARLAND , Consultant ~ Bill Eisen City Manager By: -&C~3J Printed Name: Bret C. Keast, AICP Title: Vice President STATE OF TEXAS COUNTY OF ~(""a.~rt 0-.." s s s BEFORE ME, the undersigned Notary Public, on this day personally appeared 'e:>. \ \ F i ,p y"\ ' known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Of GIVEN UNDER MY HAND AND "3" u(';@ , A.D., 20 0 La \11111\\\1111111///111// \\\\\\\\ ANN 11114'", #~\s.......... ilL! ~ ~ .,,-,' "-7/ ~ ~ 0 ....'\\>-I< Y P U .... <' '% ::iQ: 0*<9('" '.('(' ~ ~ /<= o\~~ ~ : ~ <?: E ~ .... 1'1'~ ~.:~'?"'" ~ % "., OF"\ ..: $ % O....~~PIRE.'2>..... ~ ~ ") ........ () ~ 0/ <'"-09 2('\\ ;t- 11//11 - V \\,\~ 111111111/11111\\1\\1\111 SEAL OF OFFICE THIS \ ~~ DAY DOt\~ ~ ~~ NOTARY PUBLIC IN AND FOR TH STATE OF TEXAS Printed Name:J)ar,,,\ Ann ~()J~~ My Commission Expires: 'O.;l.-Q <f -..1010 COUNTY OF s s s STATE OF TEXAS BEFORE ME, the undersigned Notary Public, on this day personally appeared Kre.+ c.... ketl~+ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. J GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS un€- ,A.D., 20 Dtp . it /4 DAY OF ~ft~. NOTARY PUBLIC IN AND~E STATE OF TEXAS Printed Name: 14-1, c..,u, Rod r I ~ My Commission Expires: 01- i'5 - .2I'HO .,~.~."'.. ..."......... ALICIA RODRIGUEZ ~ . i.' . MY COMMISSION EXPIRES ~.: FEBRUARY 15. 2010._,} ~i I' " :! 6 SCOPE OF WORK The scope of work for development of the trail master plan will be as follows: Locate and map existing trail segments KKC understands that the City is in the process of locating all public, semi-public, e.g. Pearl and ISO, and private trail segments throughout the city limits and ETJ, as applicable, which will be entered into the City's GIS prior to the project outset. This is an essential prerequisite for initiation of the project. In addition, it will be essential to have an inventory of sidewalks throughout the community as well since existing - or needed- sidewalk segments will contribute to a comprehensive trail network as connectors between trail segments. The sidewalk inventory should denote sidewalk segments on a parcel basis, indicating missing segments or those for which the condition renders it currently unusable. A detailed condition assessment is not necessary at this time. Existing or missing curb cuts and handicap ramps should also be denoted and mapped. Upon request, KKC will assume the responsibility for the sidewalk inventory on an additional services basis. Planning student interns would be utilized for the field reconnaissance. Field maps would be provided to the City for entry into the GIS. Review existing plans and documents KKC is interested in reviewing any previous studies or plans relating to trail development. Of particular importance will be the City's thoroughfare plan and capital improvement program to identify possible trails within new or expanded rights-of-way. Review of the street cross-sections within the subdivision regulations will also be undertaken, with recommendations as to any necessary adjustments to accommodate trails and bikeways. Identify all public and semi-public rights-oi-way and easements In coordination through the City, KKC will work with the appraisal districts of Harris, Brazoria, and Fort Bend Counties to locate all vacant public and semi-public parcels and rights-of-way. Any platted easements will also be identified as available. This information will be used to evaluate all available opportunities for establishing linear linkages, connectors, and trail corridors. If the appraisal districts are not able to map these parcels they will need to be incorporated into the City's GIS. Prepare conceptual trail network Upon receipt of the above information and mapping, a conceptual network of trails and connectors will be prepared. The preliminary network will be designed to connect each of the schools, parks, public buildings, and activity centers with neighborhoods throughout the city limits. Potential trail connections into the extraterritorial jurisdiction will also be identified, particularly for longer distance bicycling routes. Consideration will be given to connections with the existing or planned trail systems of the adjacent communities, e.g. Houston Bikeway Program. The network will form a moderately dense grid to improve both availability and accessibility to the trail system. The conceptual network will also help to identify private properties that may be candidates for securing an access easement or possible acquisition. The above conceptual trail system map will be used in meetings scheduled over the course of one day with each of the public and semi-public agencies, such as Drainage District No.4 and the utility companies to determine the viability, acceptance, and requirements for use as public trail corridors. This input will be used in the preparation of the final trail system. Scope of Work 05-21-06 Meet with appropriate City staff A working copy of the conceptual trail network will be submitted to applicable staff persons for their review and input. Their familiarity with the community will be useful to preliminarily identify design and construction constraints as well as other potential trail opportunities. Meet with the Parks. Recreation. and Beautification Board (PRBB) The conceptual trail network will be presented to the PRBB in one meeting for their review and input. Based upon the identified changes and modifications, the conceptual network will be revised and used in preparing the final trail system plan. Meet with interest groups A series of interest group meetings over the course of one day will be held to solicit their input into the trail network, particularly with respect to their neighborhoods and/or facilities. Prepare final trail system plan Based upon the input of the above meetings, a final trail plan will be prepared and mapped by the City. The final plan will indicate off-street trails and on-street bike lanes as well as sidewalk connections and trailhead locations. Emphasis will be placed on off-street trails or those rights-of-way for which adequate separation from the vehicular travel lanes can be maintained. Prepare typical cross-sections and general design criteria Trail and bikeway cross-sections and general design criteria will be prepared, including width and slope considerations, signage, obstacles and obstructions, treatments at intersections, and other applicable criterion. Prepare cost estimates and an implementation program Order of magnitude costs will be prepared based upon unit cost estimates determined in coordination with City engineering staff. Bridges, culverts, retaining walls, and other structural improvements will be noted, with estimates prepared at the time of preliminary design and capital planning. A five-year implementation program will be prepared in coordination with City staff, PRBB, and the City Council. Attend Public Hearing One public hearing with the City Council will be attended to present the final draft proposed trail master plan and to accept and respond to their comments.