R2006-143 09-05-06
RESOLUTION NO. R2006-143
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 PRELIMINARY ENGINEERING
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND
ELECTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract, 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 a contract for preliminary engineering services associated with
the anticipated 2007 Bond Election.
PASSED, APPROVED and ADOPTED this the 5th day of September, A.D., 2006.
C~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(L:/1.~
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "A"
Resolution 2006-143 9/5/06
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and ESPA Corp. (hereinafter "Engineer") as follows: f" .,[ .
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1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract: O(D ~020
Description of Project: Provide Program, Planning and Concept Development for
the Tom Reid Library Building Expansion.
En ineer/Subconsultant s
ESPA Cor.
Fee
$35,260
Basis of Com ensation
NTE
Maximum Contract Amount $35,260 NTE
* 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: See attached schedule.
Attachments: Scope of Services - Exhibit A
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 determine 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-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 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.
2
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 (112%) 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 have prepared a project
schedule identified as an attachment to this agreement. 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.
3
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
(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. Indemnitv. 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 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 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.
5
EXECUTED and EFFECTIVE as of the 5th day of September, 2006.
CITY OF PEARLAND
ENGINEER
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Printed Name: kARuIJ ~REF~AMA
Title:PRe:-s, D 2f-J-r
By: ~
Printed Name: Bill Eisen
Title: City Manaqer
STATE OF TEXAS
COUNTY OF ~ dD"'- ( ~:I
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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.
. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 5+l DAY OF
~t:)ffrYI/xr~ , A.D., 2006.
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August24,2006
.
ESP~
COR P
City of Pearl and
3519 Liberty Drive
Pearland, Texas 77581
Attention:
Mr. Mickiel G. Hodge, P.E., R.P.L.S.
Assistant City Manager
Subject:
Proposal for Program, Planning, and Concept Development
Existing Tom Reed Library Building Expansion
ESP A Proposal A06-002
Dear Mr. Hodge:
ESPA CORP is pleased to present this Proposal to City of Pearland, hereafter referred to
as "Clienf', for performing Programming, Planning, and Concept Development for the proposed
Tom E. Reed Library Building expansion. lit is our understanding that our services will include a
review of existing master plan for the library, existing drawings, limited interviews with the
stakeholders, and development of Programming, Planning, and the Library Building Expansion
Concept. This proposal lists our proposed scope of services, a schedule and compensation to
accomplish the proposed scope of services, and the associated terms.
SCOPE OF SERVICES
As requested, ESPA CORP will develop a document detailing the Programming, Planning and
Concepts for the proposed Library Building Expansion. The document, as a minimum, will
contain a written description of our findings, our recommendations of building expansion
concepts, and plan and elevations of the recommended building expansion concepts. The
expansion study will include the civil engineering features which are critical in the planning
process of the expansion. A cursory study of the mechanical, electrical and information
technology aspects will be included, as needed.
We propose to accomplish the requested scope for this project by performing the following
tasks:
· Review the existing Master Plan for the Library
· Review the existing building, site, and infrastructure
· Conduct limited individual interviews with stakeholders, with assistance from City of
Pearland personnel
· Conduct a needs and wants assessment
· Develop a space program from the needs assessment
· Develop planning diagrams indicating space relationships
· Conduct a group stakeholders meeting to "test". the proposed space relationships and
planning diagrams, with assistance from City of Pearland personnel
· Conceptually identify the expansion infrastructure needs including parking and
driveways
7120 GRAND BOULEVARD, SUITE 100, HOUSTON, TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
Library Building Expansion Programming Proposal
City of Pearland
ESPA Proposal A06-002 dated August 24. 2006
· Conceptually identify mechanical, electrical, and plumbing needs
· Develop lighting, I.T., Security and Graphics standards
· Develop Conceptual Site Layout, Floor Plan, and Elevation Diagrams and the interaction
of the existing and proposed facility
· Determine Project Budget for the proposed concepts
SCHEDULE
Based on the information presently available to us, we anticipate our scope of work listed above
to start on or about September 1, 2006. The review of the existing information will be
accomplished in about one week. The individual interviews and the assessment of the needs
and wants will be done in the second and third weeks of September. Based on the interviews
and assessments we will develop preliminary concepts of space programming, needs
assessments, planning diagrams and space relationships in about four weeks. The group
stakeholders meeting is planned to be conducted in the middle to later part of October. Based
on the results of the study we will compile a report with descriptions, drawings, sketches and a
project budget within two to three weeks alter the group stakeholders meeting. This report will
be presented to you on November 16, 2006.
September-Q6 October-06 November-Q6
I
Protect Start I
Review Existing Information I
Individual Stakeholder
Meetings & Assessment
Develop Preliminary
Concepts I
Group Stakeholder Meeting & JNovembe, I
Assessment I 116.2006 I
Final Report
I I I
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Page 2 of 4
Library Building Expansion Programming Proposal
City of Pearland
ESP A Proposal A06-002 dated August 24, 2006
COMPENSATION
For basic services rendered as stated herein, City of Pearland shall pay ESPA CORP a
stipulated amount not to exceed Thirty Five Thousand Two Hundred and Sixty Dollars
($35,260,00). The detailed Man-hour Projection and Fee Estimate is presented below.
Fee for additional services, if required and authorized, will be determined per the Hourly Rates
listed below. Additional services will be required for any changes made by the Client, due to no
fault of the Architect I Engineer following authorization to proceed with each phase of the
project.
Senior Project Registered Civil Project
Project Principal Registered CADD
Architect Architects Engineer Assistant
Project Start 0 2 4 2 0 2
Review Existing 0 4 20 4 0 2
Information
Individual Stakeholder 8 , 8 8 0 4
Meetings & Assessment 2
Develop Preliminary 4 16 60 16 40 4
Concepts
Group Stakeholder Meeting 2 4 4 4 0 2
& Assessment
Final Report 2 20 60 20 40 8
Total Hours 10 54 156 54 80 22
Hourly Rate $ 135.00 $ 125.00 $ 95.00 $ 95.00 $ 75.00 $ 55.00
Extended Cost $ 1,350.00 $ 6,750.00 $ 14,820.00 $ 5,130.00 $ 6,000.00 $ 1,210.00
Proposal Fee Estimate $ 35,260.00
LIMITATIONS OF LIABILITY
The "Client" agrees that to the fullest extent permitted by law, ESPA CORP's total liability to the
"Client" for any and all injuries, claims, losses, expenses or damages whatsoever arising out of
or in any way related to the project or this Agreement from any causes including, but not limited
to, ESPA CORP's negligence, errors, omissions, and liability, or breach of contract shall not
exceed the total compensation received by ESPA CORP under this Agreement. If the "Client"
desires a limit of liability greater than that provided, the "Clienf' and ESPA CORP shall adjust
the fee stated in this Agreement to compensate ESPA CORP for the assumption of such
additional risk.
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Page 3 of 4
Library Building Expansion Programming Proposal
City of Pearland
ESPA Proposal AD6-D02 dated August 24, 2006
TERMINATION CLAUSE
The obligation to provide services under this Agreement may be terminated by the "Client" with
or without cause upon seven (7) days written notice to ESPA CORP and by ESPA CORP for
cause upon seven (7) days written notice to the "Client". In the event of any termination, ESPA
CORP will be paid for all reimbursable expenses, all termination expenses, and all services
rendered to the date of termination.
If this Proposal is acceptable, please execute in the space provided and retum one (1)
executed original for our files. Thank you for allowing us to submit this Proposal and we look
forward to be a valuable member to your project planning, development and execution team.
Sincerely,
ESPA CORP, INC.
Karun Sreerama, MBA, PhD., P.E.
President
~~~.
Architectural Services
Approved as to form and content by
day of I 2006.
this
Authorized Signature
Name and Title
Organization Name
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