R2007-132 2007-08-27 W67993
RESOLUTION NO. R2007 -132
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 ENGINEERING SERVICES
ASSOCIATED WITH THE SH 35 DETENTION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the SH
35 Detention Project, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for engineering services associated with the SH
35 Detention Project.
PASSED, APPROVED and ADOPTED this the 2yth day of August, A.D., 2007.
=::J".,;[0
TOM REID
MAYOR
ATTEST:
~~~
TY S RET ARY
APPROVED AS TO FORM:
(J~ rc ~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2007 -132
07 -0061 - W67993
CONTRACT FOR ENGINEERING SERVICES
Tl-IIS CONTRACT is entered into on Au g u s t 27 , 2007 by and between the
City of Pearland ("CITY") and S&B Infrastructure, Ltd. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Professional Engineering Services for the fill
mitigation areas on Clear Creek and Hickory Slough for the State Hwy 35 project. (Project
#W67993).
SECTION I - SERVICES OF THE CONSULTANT
The CONSULT ANT 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 provide Professional Engineering Services to design
and develop the PS&E deliverables for the construction of two fill mitigation
areas. See Exhibit A-I, 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 CONSUL T ANT 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
CONSUL 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 TIF format.
E. The CONSULT ANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSUL T ANT 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
CONSULT ANT, 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.
The CONSULT ANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSUL T ANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULT ANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULT ANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
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H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end in _ January ,1, 2009
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a Lump Sum contract. Total
compensation for the services performed shall be the sum of $139,967.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULT ANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULT ANT'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 CONSULT ANT
personally or by certified mail at 3535 Sage Road, Houston, Texas 77056.
Immediately after receiving such written notice, the CONSUL T ANT shall
discontinue providing the services under this CONTRACT.
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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 CONSULT ANT 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 CONSULT ANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI - ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
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SECTION VII - COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
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 27th day of August
,2007.
CIT~D' TEXAS"
Bi~sen, City'Monag August 27,
CONSULTANT
S&B Infrastructure, Ltd.
Harold J. Reddish, P .E.
President / CEO
2007
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August 14, 2007,
Mr. Trent Epperson
Projects Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: PS&E Proposal for Fill Mitigation Areas on Clear Creek and Hickory Slough
Mr. Trent Epperson,
The work to be furnished by S&B Infrastructure, Ltd. (S&B) under this contract shall consist of
Professional Engineering services to design and develop the PS&E deliverables for the construction of
two fill mitigation area" to mitigate fill in the flood plain associated with the construction of SH 35 from
the Sam Houston Toll Road to PM 518 using all applicable data obtained from the geotechnical and
survey subconsultants.
Deshm Phase Services:
During the design phase of the project, S&B will provide deliverables to the City at 50% and 90% stages
for the City's review and will gather and incorporate all the applicable comments from the review, as
well a" provide the 100%, "Bid Ready" documents. The documents include the following:
. Title Sheet, Drawing Index, Vicinity Map (2 sheets)
. General Notes & Legend (2 sheets)
. Sheet & Boring Layout (2 sheets)
. Survey Monumentation & Baseline Ties (2 sheets)
. Project Layout (2 sheets)
. Project Sections (4 sheets)
. Slope Protection (2 sheets)
. Misc. Details (2 sheets)
. Storm Water Pollution Prevention Plan (2 sheets)
. Standard Specifications conforming to City of Pearl and standards,
. Updated Construction Estimate on Final Bid Form
. Bid Tab,and other related Bid Documents
S&B will provide mylar sepias and "PDF' files of the "As-Bid" drawings along with reproducibles of
the standard specifications for this type of project conforming to the City of Pearl and standards. Courier
3535 Sage Road. Houston, Texas 77056. 713.845.5401. Fax 713.993.9301
services, travel for S&B' s personnel to meetings and the construction site, film processing for project
photographs and outside reproduction will be provided by S&B as reimbursable expenses.
Aviles Engineering Corp. (AEC) will provide geotechnical information and soil analysis for the fill
mitigation areas as a subconsultant to S&B. c.L. Davis & Company (CLD) will provide field surveying
services for the fill mitigation areas as a subconsultant to S&B. Both firms will be subconsultants to
S&B. S&B will have Subcontract Agreements with these firms and will invoice the City for the
subconsultant invoice amounts plus 10% for S&B for managing the subconsultants and reviewing and
processing their work.
The total design fee to provide the City with the design phase services described above on a lump sum
basis is $96,956. A detailed breakdown of the fee is given in Exhibit" A".
Bid Phase Services:
S&B will provide the City with Bid Phase Services as requested by the City of Pearland to include but
not limited to the following services and deliverables:
. Assist in the Pre-Bid Meeting
. Prepare & Issue Addenda
. Provide Mylars & "POP' Files of Modified Sheets
. Review Bids and Submitted Documents
. Provide Summary and Detailed Bid Tabulations
. Provide Recommendation of Award Letter
S&B will provide bid phase services per the request of the City of Pearl and on a cost plus basis. The
estimated total fee for services and deliverables during the bid phase is $8,016.
Construction Phase Services:
S&B will provide the City with Construction Phase Services as requested by the City of Pearland to
include but not limited to the following services and deliverables:
. Conduct the Preconstruction Meeting and Issue Minutes
. Make up to 6 Monthly Site Visits and Provide Report of Site Visits
. Review Shop Drawings, Lab Reports, and Mill Test as required
. Conduct Substantial Completion Inspection and Prepare Final PuncWist
. Issue Certificate of Substantial Completion
. Conduct Final Walk-Thru Inspection
. Issue Cerrficate of Completion
. Prepare Record Drawings
S&B will provide construction phase services per the request of the City of Pearl and on a cost plus
basis. The estimated total fee for services and deliverables during the construction phase is $]9,995.
3535 Sage Road. Houston, Texas 77056. 713.845.5401. Fax 713.993.9301
Additional Services:
S&B has identified other services that might be required in order to complete the implementation of the
fill mitigation areas. These additional services and their estimated fees are as follows:
· Platting of the tracts utilized with the controlling government agency - $10,000
· Tree Survey for mitigation areas and tree mitigation plan - $5,000
These costs are estimates and if these additional services are required, S&B will provide a proposed cost
for approval by the City at that time.
We appreciate the opportunity to present this proposal, and look forward to working with you again.
Respectfully submitted,
S&B Infrastructure
Nelson B. Nuckles, P.E.
Project Manager
Attachments:
S&B Engineering Services Estimate for the Design of Fill Mitigation Areas, City of Pearl and
3535 Sage Road. Houston, Texas 77056. 713.845.5401. Fax 713.993.9301
~~"JBUCJUI~RD.. _
~~o_o_
Engineering Services Estimate
For the Design of
Fill Mitigation Areas
City of Pearland
Revised: AUI!. 7, 2007
TOTAL TOTAL
DESCRIPTION DirIPM Sf. Enl!. PE EITlDslID CADD Cler MANHOURS mST
DESIGN SERVICES:
Title Sheet, Drawinl! Index, Vicinity Map (2 Sheets) I 2 2 8 24 I 38 $3,507
General Notes & Lellend 12 Sheets) I 2 2 8 24 I 38 $3.507
Sheet & Borinll Lavout 12 Sheets) 1 2 2 8 24 2 39 $3,564
Survev Monumentation & Baseline Ties 12 Sheets) 1 I I 2 12 2 19 $1.737
Proicet Lavout (2 Sheets) 1 4 4 16 32 2 59 $5,490
Proiect Sections (4 Sheets) I 4 4 16 40 2 67 $6,162
Slone Protection 12 Sheets) I 12 6 24 40 2 85 $8,190
Mise Details 12 Sheets) I 4 4 16 32 2 59 $5,490
Provide Uodated Cost Est. on Final Bid Form I 2 2 8 I 14 $I,49J
Provide Mvlar SeDias of "As-Bid" DrawinJ!:s 4 1 5 $393
Provide "PDF" Files of "As-Bid" Drawinlls 4 1 5 $393
Provide ReDrodueibles of Proiect Soocs. 4 1 5 $393
Storm Water Pollution Prevention Plan 14 Sheets) 1 4 8 16 32 I 62 $5,889
S"..rifications Bid Tab. IBid Documents) 2 8 16 32 4 62 $65J6
Subtotal Desi.... Phase Services 12 45 51 154 272 23 557 't.."2722
Monthlv Pr......ess Meetimls For DesillO 12 Peonle) 36 36 12 84 $8784
Reimbursable Exoensess:
COlIne! . +/-ZOt>elivedes@$15/ea. $300
Mi1eaI!e/fravel +/-25 TriDs @ 52 mi/triD @ SO.445/mi 5600
Film DeveloDment $150
Outside Renroduction - Full Size CODies 20 Sets of 22 Drawinl!s Per Set $300
Outside Reoroduction - Xerox Conies 20 Xerox Sets of 140 Pa2es $100
Outside Reoroduction - Mvlar Senias Mvlar SeDias of "As-Bid" & "Record" Drawings (3-Sets Total) $800
Outside Renroduction - "PDP' Files 'Tll-r" Hies of "As-Bid~ & "Record" DrawinllS (2-Sets Total) $200
Subtotal Reimbursable Exnensess: $2 450
Subconsultants:
A viles Eol!ineerinl! Corn. Geotechnical T estinl! $]0,000
C.L Davis & Co. 1'000 Survev Two Sites $20,000
Subconsultant Administrative Fee 10% $3 000
Subtotal Subconsultants: ~3000
TOTAL DESIGN SERVICES $96,956
Bid Phase Services: As needed
Bid Phase Services 3 35 9 9 8 7 71 511.016
'on
Constructruction Phase Services 15 80 12 12 32 31 182 $19995
IIIi needed scone and fee finalized later $10000
Tree Survev for Mitil!atioo lIS needed scooe aDd fee fmalized later $5.000
TOTAL ADDITIONAL SERVICES: $43,011
TOTAL. Mitigation Area Design: $139,967