Loading...
R2008-050 2008-04-07RESOLUTION NO. R2008-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE OLD TOWNSITE DRAINAGE IMPROVEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the Old Townsite Drainage Improvement 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 design services associated with the Old Townsite Drainage Improvement Project. PASSED, APPROVED and ADOPTED this the 7th day of il, A.D., 2008. T REID MAYOR ATTEST: o-., 'a OR IN MC =~, CRETA Y ...__.. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution R2008-50 T50072 Old Townsite Drainaae Improvements (LJA1 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on q r° i 1 7 , , 2008 by and between the City of Pearland ("CITY") and LJA Engineering & Surveying, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Old Townsite Drainage Improvements ("PROJECT"). (Project # T50072) 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 provide drainage design report and construction plans/specifications for collector storm sewer for the area bounded by Town Ditch on the north, SH 35 on the west, FM 518 on the south, and Old Alvin on the east. See Exhibit A, 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 CONSULTANT 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 CONSULTANT 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. -1- 10. Revised 11 / 15/07 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 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 any one 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 any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, 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, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. -2- 10. Revised 11/15/07 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 CONSULTANT 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. 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 mariner 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 upon completion of construction. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed rate. Total compensation for the services performed shall not exceed $136,040. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of the final design documents, payments to the CONSULTANTS shall not exceed 95% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. 2. If the scope of work of this CONTRACT includes the preparation of studies, design concepts, or other investigations, progress payments shall not exceed 95% of the total CONTRACT amount prior to submittal of the final report deliverables. 3. The City shall reimburse the consultant for additional services (sub- consultant fees) based on actual costs plus a 10% markup. B. 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. -3- 10. Revised 11/15/07 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 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 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 CONSULTANT personally or by certified mail at 11821 East Freeway, Suite 400, Houston, Texas 77029-1958. Immediately after receiving such written notice, the CONSULTANT 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 15~' 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 CONSULTANT based upon the scope of work. -4- 10. Revised 11/15/07 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 maybe 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 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. -$- 10. Revised 11/15/07 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 7th day of Apri 1 , 2008. CI OF EARLAND, TEXAS Bill Eisen, City Manager 4/7/08 C SULTANT -6- 10. Revised 11/15/07 L~.~ LJA Engineering A Surveying, Inc. ENGINEERING SERVICES CITY OF PEARLAND OLD TOWN DRAINAGE ANALYSIS LJA Engineering and Surveying, Inc. (LJA) will perform professional engineering services related to Old Town Drainage as generally described in this Scope of Services. The scope of work to be provided includes the preparation of drainage design report and construction plans/specifications for collector storm sewer for an area bounded as follows: north along Town Ditch from Main Street (SH 35) to Old Alvin Road, west along Main Street from Broadway (FM 518) to Old Town Ditch, south along Broadway from Main Street to Old Alvin Road and east along Old Alvin Road from Broadway to Town Ditch. The Scope of Services for the Project is generally described as follows: BASIC SERVICES A. DESIGN REPORT PHASE 0.0 Project Initiation Attend initiation conference with the City regarding the Project. 1.0 Data Collection • Compile existing LIDAR topographic maps, recent aerial photographs, and existing right-of-way information within the study area. • Compile existing channel alignment, roadside ditch alignments, and storm sewer information within the study area. (available in survey collection only) • Compile existing utility information and pipeline data within the study area. • Perform field reconnaissance of existing drainage structures, existing channels, detention facilities, and potential available detention locations. Engineering Services City of Pearland Old Town Drainage Analysis Page 1 of 5 Coordinate field surveying as necessary. 2.0 Hydrology/Hydraulics Develop overall drainage area for the study area. Develop sub-drainage areas of the overall drainage area for the study area. Develop the four (4) percent (25-year) exceedance probability event and 10 percent (10-year) exceedance probability event for the drainage area utilizing the rational method for drainage areas less than 200 acres. (to be used to size major collector as necessary) - Calculate the percent impervious cover/discharge coefficient. - Calculate time of concentrations. - Develop flow rates. - Develop preliminary sizes for storm sewer collector. Develop the twenty (20) percent exceedance (5-year) probability event drainage area for subareas. (to be used to size future lateral collectors) Develop the thirty three (33) percent exceedance (3-year) probability event drainage area for total drainage area. (to be used to size outfall pipe restrictor) 3.0 Detention Requirements Develop the detention requirements utilizing a comparison of unit hydrographs based upon the small watershed design criteria. 4.0 Drainage Profile Provide system profiles for the proposed storm sewer collector. Determine utility/ pipeline conflicts with proposed storm sewer collector system. 5.0 Project Costs Develop the estimated construction cost the proposed storm sewer collector. Engineering Services City of Pearland Old Town Drainage Analysis Page 2 of 5 6.0 Design Report Generate the project report including exhibits, cost estimate, utility/ pipeline conflicts and relocation requirements, easement and right-of--way compatibility, and other factors with potential impact upon the project and the project cost. Provide three (3) copies of the draft report for review and six (6) copies of the final report to the City. B. CONSTRUCTION PLAN PHASE Prepare detailed drawings and specifications and provide two complete sets to the City for review and comment. Furnish copies of the construction drawings, where applicable, to state, county, and municipal agencies, pipeline companies, and utility companies, and obtain all necessary approvals. Prepare and deliver to the City detailed final estimate of probable construction cost, construction drawings and project specifications for final approval. ADDITIONAL SERVICES A. General The following additional services are considered necessary to properly complete the Project and will be provided as part of this Contract. Surveys -Topographic Survey. Provide field survey and topographic information in computerized format (AutoCAD format) which was not included in the current topographic information. The field survey will locate information necessary to complete the engineering services described in this Scope. TIME OF PERFORMANCE The Engineer shall perform the professional engineering services in accordance with the following: Engineering Services City of Pearland Old Town Drainage Analysis Page 3 of 5 Engineering Service Basic Services ^ Design Report Phase ^ Construction Plan Phase Additional Services ^ Surveys Calendar Days 75 (after receipt of survey data) 75 (concurrent with development of design report) 90 COMPENSATION A. Basic Services Compensation for the professional engineering basic services provided as part of this Contract shall be made as follows: Services Design Report Phase Plan 8~ Project Manual Prep. Bidding Phase Construction Phase Basis of Total Not to Compensation Exceed Amount Hourly Rate $ 36,530.00 Hourly Rate $ 44,680.00 Hourly Rate $ 3,590.00 Hourly Rate $ 1,850.00 B. Additional Services Compensation for additional services provided as part of this Contract shall be made as follows: Basis of Services Compensation Compensation Total Amount ^ Additional Services (Not to Exceed) 1. Topographic Surveys Invoice plus 10% $ 49,390.00 $ 49,390.00 Additional Services $ 49,390.00 Engineering Services City of Pearland Old Town Drainage Analysis Page 4 of 5 C. Total Contract Amount The Total Contract amount for the project is $ 136,040.00 Engineering Services City of Pearland Old Town Drainage Analysis Page 5 of 5 ~ r F ~ v y C O m ~ ~ L 'n ~ C ~ E ~ a ~ m Q ° E a - E w d V ~ o c n l0 q ~ ~ S8 mmmmn~~~em~~ "'~ mom ~~ S8$ 08 ~~ N`~ JL v E °a b at ~ U= Cl y Q n au$ Nv< ~ ~ ~ ~.-.- ~-.-~ m ~ ~ g DS Q 9 u° e< R n~mn~~rrn ~r ~me~e°y' erv ~n "s m ~mme N ~ ~ W W m ~ N Y m a Y° o f as ~"R ~ooooM~rvo~o~R o_o~~eoooooooooo~o n~ ~n~ n~ `o e~ O O .. ~ w o ~ m > u ~ O r o ~ O ~i ~ c v a C k ~ ~ T~'s Na. N N N N ~ ~ k4 tl g.~ a ~ ° ~ ~.~ ~ ~ ~ ~ o p ~ o o~ E o n E E N N N w 0 8° 0 8 ~~ m i 2 x xa ~ d ~_ ~ ~ A d~ c v c` ffi~ U ~ ° o o °o ° ~~ L d _ ~_ o~~ ~ m o c ¢ m c m U U w S 8 S& ~ D°~ c ~i ° m m E E E E o c u cm rc a ~' c~ ~ } f~~ h y y Yn u~i w N y ` €~ ~ w a a E b ° ~- ' ~ r ~ ~ S O o o i ~ ~ n $ ~ _ s~ `4 ~ g m ~ ° o ~ 5 ~ ~ ~ ~ o ~ ~ a m a a m`R w ~ ~ ~ - °~ x av ao. o. - m~ n c o 0 0€~ b a 3 oyaa a`a° m y q pR o~~ ~~ m m w m? N Tn Si Tn o a° m n~ n a ~ $ E y a;~ a~ °n 00000888°°~~nLL g ~ uux~~a-a"aam°`o °oooyy°u~ aau m` °aa ~ ~ ~ ~ ,~ a ~ ~ 3oaa ~ =<< ~ s ~~s ~ = a W ° ;s o e<ss ~aa 8 y ~ Q i ~ u 0 LJA ENGINEERING & SURVEYING INC. BILLING RATE SCHEDULE Classification Unit Billing Rate Range Project Manager Hour $160.00 - $195.00 Project Engineer Hour $120.00 - $160.00 Engineer (EIT) Hour $85.00 - $110.00 Designer Hour $100.00 - $140.00 GIS Technician Hour $85.00 - $110.00 CAD Technician Hour $80.00 - $100.00 CAD Technician I Hour $50.00 - $70.00 Clerical Hour $65.00 - $90.00 Hourly rate is established by salary cost plus multiplier of 3.25.