R2006-086 06-12-06
RESOLUTION NO. R2006-86
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 ASSOCIATED
WITH IMPROVEMENTS TO CENTENNIAL PARK.
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.
~r~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
;Q~lfn.~
DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-86
6/12/06
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Ion Desian GrouP. LLC (hereinafter "Engineer") as
follows:
1. Summarv of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Description of Project: Engineering design and construction contract documents for
improvements to existing parklands to create recreational facilities and outdoor activities to be
known as The New Centennnial Park in the City of Pearland, Texas. The proposed park
improvements will be divided into two spaces: an Outdoor Learning Center (a.k.a. Parcel "A")
and Centennial South. The project site is located along Mary's Creek, north of Magnolia Road
and east of McLean Road in the City of Pearland, Brazoria County, Texas.
EngineerlSubconsultant( s) Fee Basis of
Compensation
4. Lump sum
Ion Design Group, LLC $123,380.00 (% construction cost)
Maximum Contract $123,380.00
Amount
* All financial obligations created by this agreement are between the City
and Engineer, and shall not be construed to be between City and any
subconsultant.
Delivery of plans, specifications and estimates: To be determined within 30 days
of execution of contract.
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer
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 Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide
adequate detail of the basis of compensation so that the City can detennine
the reasonableness of the fees and have the ability to make reasonable
progress payments to the Engineer based upon work completed at the
payment intervals. The Engineer 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
Engineer's employees whose time is directly chargeable to the project; 2) an
agreed upon multiplier to compensate the Engineer 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 Engineer 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-tenn engagements
involving intennittent 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 Engineer shall provide an estimate of the costs to be reimbursed,
but actual compensation shall be based upon invoices and supporting
documentation provided by the Engineer.
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.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for Engineering
Compensation" for basic and construction phase services; and 2)
reimbursement for direct nonsalary expenditures and subconsultant contracts
as defined in the scope of work for the project. The Engineer shall provide a
proposal that includes the estimated construction cost of the project and the
total fees for the project. If the actual low bid for construction is 20% above or
below the estimate, the engineering fees are subject to equitable adjustment
by mutual agreement of the Engineer and City.
If City fails to make any payment due Engineer for services and expenses
within thirty (30) days after receipt and approval of Engineer's statement for
services therefore, the amounts due Engineer will be increased at the rate of
one-half percent (0.5%) per month from said thirtieth (30th) day, and, in
addition, Engineer may, after giving seven (7) days' written notice to City,
suspend services under this Contract until Engineer has been paid in full, all
amounts due for services, expenses, and charges.
B. All the Engineer'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 Engineer's work by the City shall not release the Engineer,
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.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall
promptly correct errors in the Engineer's work, including errors discovered
after final payment, without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer 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 Engineer'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 Engineer of the work performed. If the review time should take
longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer 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 Engineer. The City may terminate this Contract at any time during its term
by giving written notice to Engineer. The City shall pay the Engineer 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 Engineer'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 Engineer is incompetent
or undesirable, City will notify Engineer accordingly and Engineer 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 Engineer's fees for
services. Engineer 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 Engineer will be at City's
sole risk and without liability or legal exposure to Engineer, or to Engineer's
independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants
from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification or adaptation will
entitle Engineer to further reasonable compensation. Engineer may reuse all
drawings, report data, and other project information in the execution of the
services provided under this Contract in Engineer's other activities. Any reuse
by Engineer will be at Engineer's sole risk and without liability or legal
exposure to City, and Engineer 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 Engineer 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 Engineer,
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 Engineer 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. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or
subcontractors under this Contract.
9. AssiQnment. Engineer shall not assign this Contract without the prior written
consent ofthe 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 Engineer 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 Engineer 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.
EXECUTED and EFFECTIVE as of the 12th day of June
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CITY OF PEARLAND
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Printed Name: Bi 11 Ei sen
Title: Ci ty Manager
ENGINEER
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STATE OF TEXAS
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BEFORE ME, the undersigned Notary Public, on this day personally appeared
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foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS \ '-\ -\-~ DAY OF
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Exhibit
"A"
EXHIBIT A - ENGINEER'S SCOPE OF SERVICES
This is EXHIBIT A, Engineer's Services, referred to in and part of the Agreement between City
and Engineer for Professional Services dated
Part 1 - General Overview
It is understood that the City wishes to improve existing parklands to create recreational facilities
and outdoor activities to be known as The New Centennial Park, for the public's enjoyment and
benefit, in the City of Pearland, Texas. The proposed park improvements will be divided into
two spaces: an Outdoor Learning Center (a.k.a. Parcel "A") and Centennial South. The Outdoor
Learning Center will feature exhibits, walking trails, natural spaces, and other elements
designed for outdoor educational activities. Centennial South will feature a pavilion and parking
lot, a pedestrian bridge across Mary's Creek, a roller hockey rink, a basketball court, soccer
fields, and hike-and-bike trails for public recreational activities.
The project site is located along Mary's Creek, north of Magnolia Road at McLean Road in the
City of Pearland, Brazoria County, Texas.
The scope of work elements in this project include the following:
1. Outdoor Learning Site Plan
2. Centennial Construction Plans & Specifications
3. Direct Purchase Items
4. Staff & Public Meetings
5. Contracting & Construction
6. Project Closeout
As used in this Agreement, the term hazardous materials shall mean any substances, including
but not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials,
petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or
any other substances under any conditions and in such quantities as would pose a substantial
danger to persons or property exposed to such substances at or near the Project site.
Both parties acknowledge that the Engineer's scope of services does not include any services
related to the presence of any hazardous or toxic materials. In the event the Engineer or any
other party encounters any hazardous or toxic materials, or should it become known to the
Engineer that such materials may be present on or about the jobsite or any adjacent areas that
may affect the performance of the Engineer's services, the Engineer may, at its option and
without liability for consequential damages, suspend performance of its services under this
Agreement until the City retains appropriate consultants or contractors to identify and abate or
remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with
all applicable laws and regulations.
The City agrees, notwithstanding any other provision of this Agreement, to the fullest extent
permitted by law, to indemnify and hold harmless the Engineer, its officers, partners, employees
and consultants (collectively, Engineer) from and against any and all claims, suits, demands,
liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs
arising out of or in any way connected with the detection, presence, handling, removal,
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Exhibit
"A"
abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials
that exist on, about or adjacent to the Project site, whether liability arises under breach of
contract or warranty, tort, including negligence, strict liability or statutory liability or any other
cause of action, except for the sole negligence or willful misconduct of the Engineer.
In consideration of the substantial risks to the Engineer in rendering its services in connection
with the Project due to the presence or suspected presence of hazardous materials at or near
the jobsite, the City agrees to make no claim and hereby waives, to the fullest extent permitted
by law, any claim or cause or causes of action of any kind, including but not limited to
negligence, breach of contract or warranty, either express or implied, strict liability or any other
causes, against the Engineer, its officers, directors, partners, employees or subconsultants
(collectively, Engineer), which may arise out of or may in any way be connected to the presence
of such hazardous materials. The City acknowledges that the Engineer is not and shall not be
required to be in any way an "arranger", "generator", "operator", or "transporter" of hazardous
materials present at or near the Project site, as these terms are defined in applicable federal or
state statutes.
Part 2 - Scope of Work
1. Outdoor Learning Site Layout Plan (NW of McLean and Ryan Acres)
This stage of the project involves working with City staff to establish the elements and refine the
site layout for the Outdoor Learning Center. In this stage the options for incorporating
sustainable elements, materials and methodologies will be refined. Comments from user
groups will be merged with ideas from staff in order to provide the project with a clear direction,
a refined budget and a timetable for staged implementation. The outcome of this task will be a
detailed Site Layout Plan that will be the base document for use by City staff in performing the
next stages of this project - generalized selection of materials and products, and
implementation and installation. The City of Pearland's GIS land mapping database will be
utilized for this task.
2. Centennial Construction Plans & Specifications
In this stage, Ion Design will prepare the design documents for the park facilities at Centennial
South. Plans will be prepared utilizing the City's GIS land mapping database. In addition, Ion
Design and/or its agents will perform a limited topographic survey to identify the limits of the
property and tie certain project elements to control points in the field, and will also perform a
detailed topographic survey in the vicinity of the proposed parking lot, pavilion and restroom to
establish the basis for design of the parking lot and entrance at McLean Road.
Project elements that are to be included in this design assignment include the following items
and preliminary budget allowances: Rough Grading of Western Section ($19,200), Excavation
for Constructed Wetland ($9,300), Final Grading ($46,400), Concrete Entry Drive and 144
space parking lot ($184,300), Water/Sewer service lines for Restroom and splash pad - sized
for future irrigation ($25,550), Underground electric service lines for restroom and splash pad -
sleeved for future lighting of fields, roller hockey, splash pad and parking lot ($50,000), Modular
restroom building ($25,000), school bus pull-off on Parcel A ($45,600), Splash Pad ($105,000),
Pavilion ($60,000), Pedestrian Bridge ($100,000), 4500 LF Concrete Trail ($144,000), and
soccer fields ($26,400). It is understood that these are pre-design budgetary figures, and are
identified only as to indicate the approximate project target.
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2
Exhibit
"A"
Project design will include general project coordination and layout of the trails and park
elements:
1. ION DESIGN will design a general alignment for the park trails, and generate a
typical cross-section for the trail pavement. Specific trail grading will not be
addressed; rather, trail grades will be a function of the overall site grading
plan. The contract documents will require the park contractor to flag the trail
alignment in the field for City approval prior to forming and paving.
2. ION DESIGN will, with the City's approval, select a pedestrian bridge vendor to
include in the contract documents. ION DESIGN will provide a design for the
bridge abutments and foundations. The contract documents will require the
park contractor to purchase and erect the pedestrian bridge, as well as to
construct the bridge abutments and foundations. The City agrees that the
bridge abutments and foundations will be set back from the high banks of
Mary's Creek sufficiently to preclude bank erosion from compromising the
strength and stability of the bridge abutments and foundations. Geotechnical
borings are included in this Agreement in order to identify soil conditions for
the bridge foundation design. No hydraulic analysis of Mary's Creek,
floodplain evaluation or related waterway studies are included in this Scope of
Work. The City will provide information on the floodplain elevation and
characteristics in the area of the planned bridge crossing.
3. ION DESIGN will design a general layout for the soccer fields, and will provide
an overall site grading plan for the fields so that storm water runoff will drain
off the fields. A basic field line painting diagram will be included in the
contract documents for each of the three different field sizes - for
implementation by the City after turf maturation. The City agrees that the goal
frames and nets will be provided by the City/others, and not included in the
contract documents.
4. The City agrees that the pavilion and restroom facilities will each be custom
pre-fabricated park elements manufactured by separate vendors. ION DESIGN
will design the foundations for the pavilion, and the restroom facilities.
Geotechnical borings are included in this Agreement in order to identify soil
conditions for these elements. A means by which the contractor will be
required to coordinate with each elements' manufacturer's specifications and
recommended installation instructions will be included in the contract
documents. ION DESIGN will, with the City's approval, select an appropriate
vendor for each project element and include such vendor in the contract
documents, with an "or equal" clause.
5. ION DESIGN will design the pavement for the parking lot, and generate typical
pavement cross-sections for this project element. The parking lot entrance
will connect with McLean Road, and will need to cross the road ditch with a
culvert. The parking lot will consist of three drive aisles with 9' x 18' head-in
parking stalls on each side; for a total of approximately 144 parking spaces.
ION DESIGN will also provide a grading plan and pavement marking plan for the
parking lot.
6. ION DESIGN will produce construction plans and specifications for the
constructed wetlands element. However, the City agrees that this portion of
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Exhibit
"A"
the project will not be publicly bid, but will be constructed by the Brazoria
Drainage District NO.4.
7. The splash pad will also not be publicly bid, but will be purchased under
separate contract by the City from a vendor specializing in splash pad
facilities. ION DESIGN will provide a grading plan so that the park contractor
will construct the subgrade on which the splash pad vendor will install his
concrete foundation, pad lining, and water elements. ION DESIGN will also
design water and sewer utilities to serve the splash pad, to be included in the
public park contract, up to the edge of the splash pad - the vendor will
connect and install the water and sewer utilities under his foundation. ION
DESIGN will assist the City in selecting a splash pad vendor.
8. ION DESIGN will also provide a design for general site grading to achieve
positive drainage from all project elements. A swale will be designed to drain
runoff from the project to and through the planned constructed wetlands and
into Mary's Creek.
9. ION DESIGN will design water and sanitary sewer facilities for the restroom
facilities, and splash pad. Designs for electric power, distribution, and fixture
selection will also be included for the pavilion, restrooms, and splash pad.
It is understood that portions of the project site may lie within the floodplain of Mary's Creek.
However, not included in this Agreement are any hydraulic or hydrologic analyses relating to
revisions or amendments to FIRM maps, floodways, floodplains, water surface profiles and base
flood elevations, or submittals or coordination with FEMA or Brazoria Drainage District NO.4.
It is assumed that no site infrastructure such as water distribution or sanitary sewer collection for
the balance of the site will be constructed at this time and, therefore, is also not included in this
Agreement.
Ion Design will prepare the construction drawings and specifications necessary to advertise for
public bid on the construction work. Ion Design will also prepare and update the construction
cost projections based on the engineering design. It is assumed that the construction drawings
and specifications will be submitted for review by the City of Pearland Engineering Services
Department. All review agency submittals will be followed through approval.
Deliverables: During the execution of this stage, engineered construction drawings will be
prepared. One set of drawings at approximately 35% completion, 65% completion, and 95%
completion will be delivered to the City for review and feedback. The drawings will then be
revised in response to any comments by the City, and developed to the next level. During the
65% and 95% review phases, one set of drawings will be submitted to the City of Pearfand
Engineering Services Department. At the 95% completion level, the appropriate drawings will
be submitted to the Brazoria County Engineering Department for review and approval of the
parking lot access entrance onto McLean Road. Additional sets of prints made at the request of
the City are considered a reimbursable expense.
When the construction documents are approved and ready for advertisement, a set of vellum
prints signed-and-sealed by a Professional Engineer and representing 100% completion will be
produced. One set of blueline or blackline prints of the 100% drawings will be delivered to the
City for his own records. Additional sets of bluetine prints made at the request of the City are
considered a reimbursable expense.
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4
Exhibit
"A"
It is anticipated that the following drawings will be prepared on 24"x36" bond sheets for each
development phase, along with the required number of blueline copies for distribution:
~ Agency Approval Sheet / Plan Index, 1 sheet
~ Site Layout Plan, Outdoor Learning Center, 1 sheet
~ Site Layout Plan, Centennial South, 1 sheet
~ Parking Lot Plan & Details, 2 sheets
~ Bus pull-off & Details, 1 sheet
~ Pavilion Plan & Details, 3 sheets
~ Soccer Fields Plan & Details, 1 sheet
~ Site Grading Plan, 2 sheets
~ Drainage Area Map & Calculations, 1 sheet
~ Storm Swale Plan & Profiles, 2 sheets
~ Water & Sewer Plans, 2 sheets
~ Electrical Plans, 1 sheet
~ Constructed Wetlands Plan & Details, 1 sheet
~ Storm water Pollution Prevention Plan, 6 sheets
Fees for professional services include plots for internal review and City review, and one set of
blueprint copies of plans for agency review submittals described herein. Additional sets of
blueprints for agency reviews, for subsequent agency reviews not described herein, for
contractor use, and for other copies made at the City's request, and the set of final mylar
drawings signed-and-sealed by a Professional Engineer and submitted to the governing agency,
are considered a reimbursable expense, at cost plus 15%.
When the 95% and 100% drawing sets are submitted, a cost projection will be delivered to the
City based on the design at those respective completion levels.
In addition to construction drawings, Ion Design will deliver a Storm Water Pollution Prevention
Plan (SWPPP) to the City at completion. The City and Contractor will be responsible for filing
the required Notice of Intent (NOI); however, Ion Design staff will be available to assist in
completing the application form.
3. Direct Purchase Items
ION DESIGN will work with City staff to identify selected park equipment and commodity
items that are needed as Site Furniture for the pavilion/trails. These items are
intended to be purchased directly by the City, not included as a part of the
Contractors' bid.
4. Staff & Public Meetings
This portion of the project includes two staff meetings to discuss project ideas and
prepare the final designs with City staff input. A total of two public meetings are
included in this Agreement to present the plans to the Parks Board and City Council.
Additional meetings will be handled on an hourly basis, plus customary
reimbursables.
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ION DESIGN GROUP 0 2800 N. HENDERSON AVENUE, STUDIO 100 0 DALLAS, TX 75206
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5
Exhibit
"A"
5. Contracting & Construction
ION DESIGN will provide administration and assistance during the bidding and
construction phase of the project. During the bidding phase, these services will
include:
~ Assemble a project manual that will include: instruction to bidders; a proposal
form and unit price bid sheet; general conditions with duties of the contractor,
the engineer, and the City defined; scope of work; forms for payment and
performance bonds; and, the standard form of agreement between City and
contractor,'
~ Coordination with the City to include specific construction and contracting
requirements in the project manual;
~ Manage and administer the bidding process to: advertise for bidders;
distribute the project manual; log all bidders; and, answer bidders questions
and issue addenda;
~ Check references of contractors, as needed;
~ Receive and open bids, per the schedule dictated by the City;
~ Prepare a bid tabulation and review the bid tabulation in conjunction with the
City, and based on our review and other factors, make a recommendation for
contract award; and,
~ Prepare the contract for execution by the City and contractor.
During the construction phase of the project, these services will include:
~ Review and approve shop drawings and material submittals;
~ Receive and respond to RFJ's;
~ Prepare and administer change orders, as needed;
~ Review and certify contractor's applications for payment;
~ Perform an average of three site visits per month to evaluate and/or assess
RF/'s, change orders, or other construction and engineering issues that
warrant on-site observation, and assess the progress of the work to aid in
review and certification of pay applications; and,
~ Coordinate work as necessary with the inspection agency employed by the
City.
Professional fees for the contracting & construction portion of this project are based on a three-
month construction period. Neither the professional activities of the Engineer, nor the presence
of the Engineer or its employees and subconsultants at a construction/project site, shall relieve
a construction contractor of its obligations, duties and responsibilities including, but not limited
to, construction means, methods, sequence, techniques or procedures necessary for
performing, superintending and coordinating the work in accordance with the contract
documents and any health or safety precautions required by regulatory agencies. The Engineer
and its personnel have no authority to exercise any control over any construction contractor or
its employees in connection with their work or any health or safety programs or procedures.
The City agrees that the general contractor shall be solely responsible for jobsite safety, and
warrants that this intent shall be carried out in the City's contract with the general contractor.
The City also agrees that the City, the Engineer and the Engineer's subconsultants shall be
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ION DESIGN GROUP 0 2800 N. HENDERSON AVENUE, STUDIO 100 0 DALLAS, TX 75206
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6
Exbibit
"A"
indemnified by the general contractor and shall be made additional insureds under the general
contractor's policies of general liability insurance.
Deliverables: One project manual will be delivered to the City for his use; reproduction costs for
the drawings and project manual to be distributed to each bidder will be considered a
reimbursable expense. A digital bid tabulation spreadsheet will be delivered electronically to the
City within three working days of opening all received bids. Ion Design will make a written
recommendation for contract award after the bid tabulation and other factors have been
reviewed. Documents to support RFI responses, change orders, and pay applications will be
produced as needed.
6. Project Closeout
At the conclusion of the project, closeout activities include preparation of record drawings and
transfer of file information for archive with the review agency and City. This activity cannot be
quantified at this time as the amount of field changes during construction can vary widely.
Therefore, a fee to prepare record drawings will be determined when the contractor provides
marked-up field drawings, based on the actual construction activities.
7. Compensation
Owner shall pay Engineer for Basic Services set forth below:
A Lump Sum amount of $77,580 for Design Services, an allowance of $39,900 for Field
Services, and $5,900 for Other Services based on the following assumed distribution of
compensation:
Design Services:
Civil Engineering @8.25% of $770,750
Electrical Engineering (based on $65,000 construction)
Structural Engineering (based on $40,000 construction)
Record Drawings preparation
$63,580
$ 8,500
$ 5,500
To Be Determined
Field Services:
Geotechnical Engineering
Land Surveying*
Construction Phase Services
$ 4,000 (allowance)
$21 , 900 (allowance)
$14,000 (allowance)
Other Services:
Outdoor Learning Site Layout Plan
$ 5,900
Note: Allowance fees are shown where it may be possible to reduce the amount of work
required during the design phase. In that event, only the actual required services would be
billed.
Engineer may alter the distribution of compensation between individual phases noted herein to
be consistent with services actually rendered, but shall not exceed the total Lump Sum amount
unless approved in writing by the Owner.
The portion of the Lump Sum amount billed for Engineer's services will be based upon
Engineer's estimate of the proportion of the total services actually completed during the billing
period to the Lump Sum.
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ION DESIGN GROUP 0 2800 N. HENDERSON AVENUE, STUDIO 100 0 DALLAS, TX 75206
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7
Exhibit
"A"
* Land Survey services include to po of property at 200' cross-sections, topo of adjoining streets,
locating existing utilities and preparation of topographic map, layout and staking of parking lot,
bus pull-off, pavilion and restrooms, trails, pedestrian bridge and soccer fields - and grading,
where required.
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ION DESIGN GROUP 0 2800 N. HENDERSON AVENUE, STUDIO 100 0 DALLAS, TX 75206
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8
City of Pearland Centennial South Project
Potential Budget - 5/3/2006
Phase I Infrastructure
Rough Grading of Western Section
Excavation for Constructed Wetland
Final Grading
Entry Drive + I aisle of parking (48 spaces), or
Entry Drive + 2 aisles of parking (96 spaces), or
Entry Drive + 3 aisles of parking (144 spaces)
Water/Sewer service lines for Restroom and splashpad (sized
for future irrigation)
Underground Electric service for Restroom (sleeved for future
lighting of fields, roller hockey, splashpad, parking lot)
Modular Concrete Restroom Building
School Bus pull-off on Parcel A
Phase I Recreation
Concrete Basketball Court (non-illuminated)
Roller Hockey Court (non-illuminated)
SplashPad (non-illuminated)
Pavilion (lighted)
Concrete Trail (8' trail, 1200' long)
Pedestrian Bridge (6' wide, 90' long)
Phase I Infrastructure
Final Grading
Phase I Recreation
Soccer Fields
Concrete Trail (8' trail, 900' long)
Phase I Infrastructure
IFinal Grading
Phase II Recreation
Soccer Fields
Concrete Trail (8' trail, 2400' long)
Consutling Fees
Contingency 6%
$19,200 (by Drainage
District)
$9,300 (by Drainage
District)
$17,700
$16,500 (gravel),
$33,000 (asphalt),
$66,000 (concrete)
$31,400 (gravel),
$63,000 (asphalt),
$125,800 (concrete)
$46, 100 (gravel),
$92,200 (asphalt),
$184,300 (concrete)
$25,550
8',
,I
$25,000
$200,00
$105,00
$60,00
$38,40
$100,00
$19,20~
Total Future Phase
25000
200000
16800
76800
318600
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