R2006-200 11-27-06
RESOLUTION NO. R2006-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH LENTZ
ENGINEERING, FOR DESIGN SERVICES ASSOCIATED WITH THE PINE
HOLLOW DRAINAGE IMPROVEMENT PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Lentz
Engineering, a copy of which is attached hereto as Exhibit "A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Lentz Engineering, for design services
associated with the Pine Hollow Drainage Improvement Project.
PASSED, APPROVED and ADOPTED this the 2yth day of November, A.D., 2006.
~LL . -----
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
cd.~.:. It. G-L
DARRIN M. COKER
CITY ATTORNEY
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Resolution 2006-200
11/27/06
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on November 27, 2006 by and between the
City of Pearland, ("CITY"), and Lentz Engineering, L.C., ("CONSULT ANT").
The CITY engages the CONSULTANT to perform professional services for a project known
and described as Pine Hollow Drainage Improvements ("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 the tasks listed in Exhibit A, see
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
CONS UL T ANT 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 TIP 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 CONSULT ANT under the CONTRACT shall
be delivered to the CITY upon request, shall become subject to the Open
Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of
this Agreement, insurance against claims for injuries to persons, damages to
property, or any errors and omissions relating to the performance of any
work by the
CONSULTANT, its agents, employees or subcontractors under this
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end
SECTION III - CONSULTANT'S COMPENSATION
A The method of payment for this CONTRACT is hourly not to exceed
rate, based on the hourly rates indicated on the attached Schedule of
Fees. Total compensation for the services performed shall not to exceed
$99,500.00. Any additional services, to be authorized in writing, shall be
performed based on the hourly rate schedule. Reimbursable items are
estimated to be $5,000.00.
B. The CITY shall pay the CONS UL T ANT in installments based upon
monthly progress reports and detailed invoices submitted by the
CONSULTANT subject to the following limitations:
1. Payments to the CONSULTANT in performing Task No.1, for
obtaining topographic surveying information, shall not exceed
$27,500.00, or 28% of the total CONTRACT amount.
2. Payments to the CONSULTANT in performing Task No.2, for
preliminary drainage analysis and engineering alternative summary,
shall not exceed $14,900.00, or 15% of the total CONTRACT amount.
3. Payments to the CONSULTANT in performing Task No.3, for
construction documents and technical specifications, shall not exceed
$47,100.00, or 47% of the total CONTRACT amount.
4. Payments to the CONSULTANT in performing Task NO.4 for bidding and
construction phase services, shall not exceed $10,000 or 10% of the total
CONTRACT amount.
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 RESPONSmILITIES
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. Ail 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
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shall not relieve CONSULTANT'S responsibility for errors or omissions of
the CONSULTANT or its sub-consultant(s) or in any way affect the
CONSULTANT's status as an independent contractor of the CITY.
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
CONSUL T ANT personally or by certified mail at: Lentz
Engineering, L.C., 4710 Bellaire Blvd. Suite #250 Bellaire, TX
77401 Immediately after receiving such written notice, the CONS UL T ANT
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
CONS UL T ANT based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option
of completing the work, or entering into a CONTRACT with another party
for the completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the
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.
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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 CQNTRACT
price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage brokerage fee, gift, or contingent fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties
hereto.
The parties have executed this CONTRACT this 1~A day of DeLi-JtJ/.;er ,2006.
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Manager 11/27/06
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I N TANT
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EXHmIT A
(to Contract for Professional Services)
TASK NO.1
Topographic surveying information shall be obtained within the eXlstmg subdivision,
including detailed sections of detention ponds #3, 4, 5, 6, 7, 8, and 9, coordination of pipeline
probe depths and sections at the 8-inch and 30-inch pipeline roadway crossings, street paving
and lot finished floor elevations in areas designated with a history of flooding, proposed
outfalls into Mary's Creek, and existing natural ground sheet flow elevations from the
northwest of the subdivision Mary's Creek @ outfall locations. Estimated completion time
is Five (5) weeks from Notice to Proceed
TASK NO.2
After obtaining the topographic information, prepare a preliminary analysis of the
functionality of the detention facilities, an analysis of the street paving/pipeline
crossing/finished floor elevations, and conduct a preliminary consultation with the pipeline
companies regarding requirements for crossings. A report will be furnished to the City
regarding alternatives for remediation, preliminary layouts of the alternatives and cost
estimates for each. Included will be the off-site diversion around the northwesterly portion of
the subdivision and any additional required outfalls. Coordination will also be conducted with
the Pine Hollow Homeowners Association. Estimated completion time is five (5) weeks
after receipt of surveys.
TASK NO. 3
Once the most cost effective alternatives are selected, construction plans for the project will
be prepared. Approval of the City of Pearland, B.D.D. #4, and, the pipeline companies will
be obtained. The plans will also be coordinated with the Homeowners Association.
Technical specifications and bid documents will also be prepared. Estimated completion
time is twelve (12) weeks which includes review by governmental agencies.
TASK NO.4
When authorized, assistance will be given the City in the advertisement for bids. Pre-Bid
meeting will be conducted, addendums issued if required, an analysis of the bids received
performed and a recommendation for award submitted. The contracts with the selected
contractor will be prepared and a pre-construction meeting will be coordinated. Approval of
any shop drawings and monthly payments will be provided. Periodic and final inspections in
conjunction with the City's staff will also be provided.
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