R2008-139 2008-10-27RESOLUTION NO. R2008-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR UTILITIES PROGRAM
MANAGEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for Utilities Program Management, 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 Utilities Program Management.
PASSED, APPROVED and ADOPTED this the 27th day of October, A.D., 2008.
T REID
MAYOR
ATTEST:
.Ma....o~.'y.
,,°QEARL,q,~;
e Q~. ~
Y UNG R IN MC ~*-
Y SE RETARY ~<~~~'
APPROVED AS TO FORM:
~~_-. ~ .
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-139
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on October 27 , 2008 by and between the
City of Pearland ("CITY") and Pate Engineers, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as General Engineering Consultant for Utilities Program Management and other CIP
Projects ("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 Engineer in Texas would
exercise under the same or similar circumstances:
A. The CONSULTANT shall perform project management services for certain CIP
projects in the City. See Exhibit A for a detailed SCOPE OF WORK and Exhibit
B for a SUMMARY OF PROJECTS. The City, at its sole discretion, may add or
delete projects listed on the Summary at any time during the term of this contract.
B. 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.
C. 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.
D. 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:
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 $ l ,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.
E. 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.
F. 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.
G. Approval of CONSULTANT'S work by CITY shall not release CONSULTANT,
its employees, agents or subcontractors from the responsibility and liability for the
accuracy and competency of their work product or services.
H. Exhibit B, SUMMARY OF PROJECTS, that form the basis of this Agreement
may be reviewed and adjusted at the CITY's sole discretion and the Consultant
shall not be deemed to have any interest in the projects identified in Exhibit B
until such time as a Work Authorization has been issued by the City. The CITY
shall prepare and issue WORK AUTHORIZATIONS, in the form attached hereto
as Exhibit C, to authorize CONSULTANT to perform the services contemplated
-2-
herein. Each WORK AUTHORIZATION shall include a description of the work
to be performed, a work schedule with definable milestones and a budget agreed
upon by the CITY.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end five years from the date of execution
subject to Section V-Termination of this contract.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT shall be lump sum negotiated
between CITY and CONSULTANT or on an hourly basis at a fixed hourly rate as
identified on Exhibit D attached hereto, and shall be subject to change on an
annual basis with a maximum increase of 4% for any one position. Any hourly
rate adjustment made under this Agreement shall be made at the beginning of the
November billing period of each year. All compensation of services shall be
based upon the method described in the INDIVIDUAL WORK
AUTHORIZATIONS.
B. Reimbursable expenses will be billed at direct cost. Reimbursable expenses
include, but are not limited to, reproduction, deliveries, mileage at the current IRS
rate, and presentation materials. Applicable sales tax will be added to those fees
subject to sales tax.
C. Subcontract services such as soil borings, environmental and tests will be billed at
our direct cost plus ten percent (10%).
D. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
E. 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 primary contact person during the term of this
CONTRACT. The contact person 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 primary contact person.
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
-3-
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 13333 Northwest Freeway, Suite 300 Houston,
TX 77040. Should the City allege default it shall give the CONSULTANT notice
of the default in writing citing the terms of the CONTRACT that have been
breached and what action the CONSULTANT must take to cure the default.
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 15t" 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 and for services to
compile and deliver the documents stated in item B above. 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 lump sum fee,
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
-4-
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.
G. Severability. If a court finds or rules that any part of this CONTRACT is invalid
or unlawful, the remainder of the CONTRACT continues to be binding to 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.
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 October , 2008.
>~.~,
CIT OF PEARLAND, TEXAS
Bill Eisen, City Manager 10/27/08
~~
TA
-5-
Exhibit A
City of Pearland
General Engineering Consultant Services
Scope of Services
Prod ects
Exhibit B identifies the Summary of Projects that forms the basis of the Agreement and may be
reviewed and adjusted at the City's sole discretion and other projects may be added.
General Description
As the General Engineering Consultant (GEC) for the City of Pearland (City), Pate Engineers,
Inc. (PATE) will oversee the planning, design, and construction of the City's Utility Program but
may include other CIP projects as assigned by the City. The work to be performed by PATE
under this Contract includes managing, directing, and coordinating engineering, construction,
and specialty firms selected by the City for individual projects within the program.
PATE will perform overall program management and administration of the Contract and
invoicing. Projects included in the scope of this contract will be based on the issuance of Work
Authorizations by the City Staff to authorize the Consultant to perform the services described in
the Work Authorization. The basis of compensation will be as defined in the Contract or
amended by specific Work Authorizations.
Scope of Services
I. Program Administration
A. As requested by the City, PATE will participate in planning and defining projects, which
are deemed appropriate to meet City project needs over the life of the Contract. PATE
will work with City staff in preparation of project scopes, estimated project costs,
including soft costs such as easements, licenses and other miscellaneous fees.
B. PATE will prepare and maintain an overall project schedule (including planning,
preliminary design, final design and construction activities) of all projects listed on
Exhibit B. The schedule will be interfaced with other City Department project schedules
as deemed necessary for total coordination of CIP activities.
C. PATE will prepare and maintain an overall Project Budget Tracker for all Utility and
other CIP projects, as authorized by the City, to track project costs for budget purposes.
The Budget Tracker will be used to forecast budgetary requirements to provide assurance
that funds are available at specified times to cover project costs.
D. If requested by the City, PATE will assist in the selection of design consultants on
specific projects.
E. As requested by the City PATE will participate in Community meetings as necessary to
provide engineering clarifications and details regarding specific CIP projects.
F. PATE will attend City Council meetings and make presentations as necessary to outline
project specifics such as budget forecasts, timing, status, and other pertinent matters.
G. PATE will coordinate with the City's website manager to provide project specific
information to the citizens and other interested parties regarding project status, potential
disruptions to traffic and other information.
H. PATE will participate in an ongoing review and utilization of the Project Delivery Model
(PDM), including effectiveness.
I. PATE will participate in the assessment of Alternative Project Delivery methods, which
may be considered appropriate for specific projects.
J. PATE will provide review and comments on the continued development of the City's
PDM.
K. PATE will make recommendations to the City regarding Value Engineering concepts by
assessing all projects before design assignment to determine the viability of combining
similar projects and during the design phase to assess construction methods and materials
which may result in reduced over-all costs to the City.
II. Management of Design Consultants
A. PATE will receive and review design consultant proposals and make recommendations to
the City as appropriate. The review shall include adequacy of the proposal to meet the
needs of the project design including Preliminary and Final Engineering, Geotechnical,
Environmental, Survey, and other areas deemed necessary for a competent project design.
The review shall also include an appropriate method and amount of compensation
deemed appropriate for the associated design and ancillary services.
B. PATE will coordinate and manage the preparation of design plans, specifications and
project cost estimates prepared by the design consultant, including review for compliance
with established City design criteria.
C. PATE will provide review of reports submitted by the design consultant and respective
sub-consultants.
D. PATE will coordinate survey and legal description activities necessary for the City to
evaluate and obtain easements, rights-of--way and other properties required to construct
project(s).
2
E. PATE will assist the City in preparing each project for advertising, bidding and award.
III. Coordination with Agencies, Utilities, Pipelines, Railroads
PATE will coordinate with the above entities on behalf of the City to provide appropriate
information to assigned project design consultants to provide consistency among designs
which are similarly impacted by the above entities.
IV. Construction Administration Services
PATE shall provide overall construction Administration Services on utility projects. These
services shall include overseeing construction management and observation services
provided by assigned City personnel or a consultant. These services shall include, but are not
limited to the following:
A. Coordination of project management status reporting.
B. Coordination of field observation daily reporting methods and procedures.
C. Coordination of on-site and off-site laboratory activities by independent laboratories
placed under City contract.
D. Review and make recommendations to the City regarding change orders.
E. Review and make recommendation to the City regarding contractor pay estimates.
F. Coordination of shop drawing submittal logs and submittal review through the
appropriate design consultant.
G. Provide consultation to the City regarding contractor claims associated with the
project.
J:\1700\171700300 General Engr Consultant\23 Contract\Exhibit A -Scope 10.4.08.doc
3
N
u
N
.O
a t°
W
O -Q
? t
i X
~ W
7
N
O 00 I~ N N 01 ~ l0 O lC 'Ct
~ m rl O Ol lD o0 N N Ql 00
~ N N 00 Ol lD r°I a 0 N N
m ~ ~ n N l0 n tf1 Lf1 00 M 1~
~..~
O .-i
lD 00
~ N
N O
O m
~•-I tf1
N O
u'1 lD
00 lO
u1 O
Ol lD
l!1
N N N N M rl ~
'i
i/1~ t/} V? L} i/} i/Y l/? 1A L? i/1 V1
01 ~ 00 Ql O O N
I~ 01 I~ ~ O O n
~ m ~ ~ m o°o ~ o
O ui ~ in ~n o0 ~o
N N a,
V} i/? V} V} L} L1 V~
00 O 00 1~
m o m n
~ ~0 0 0 ~c
~-+ m ~o m ev
tD c» O
~ ~ ~ ~
O N O O
N t
f1
O .-1 O in tD
O
~-+ l0
rn r-I
m N
.-•i m
m N
o
o rn m m n
m ui
~ ~ ~ ~ ~
o ~ ~
o rn m
o ~ rv ~
o v m n
N ~ ~
~ ~ ~
O O
0 0
vi O O
O O
O
•> ~ ~
i1 Lf
a
v
,~ ~ E
C Q1 -O O +'
C
41
Y 0
+'•~
(0
Y
L
w
Q
O
f0 3
4J
~ o
OC c
(O
~ v
~
7 ~ U i ~ Z J
~ U ° ~ Vl
C J ~ Q.
W 'p ~ t
U
~p C J C Y N N L U1 ~ L f0 H t Y ~
vyi o
Y
~
~
m
~
v
ai
~
v,
~
~
~
co
v,
x ~
~ ~
.~
°
0
3
-a
~
~
E
~
~
°1
'~
°1
~
~
~
U
~
~ c
o
C N ~ ~ N 4J N O U C ~ U m 0 fV d1 ~ W ~ ~ •N
o ~
a H c ~ ~ N `~ m o m °1
~ ~r1 ~ -° ~ °~ e-~ Q N ? rn N c
~ w
QI = Y U C N
r-+ U U
~ U ~ U
~ Y
U Y
U (9
J..~ J-~
~
Y Y
U Y
U ~
U Y
U
~ N
U Y
U (~
}+
~ ~ y~j
v
o C UJ
°
o N
°
~ Y
~ .d
o >
> N
° Y N
° U1
° V1
"_ ~
~ C 4J
°
c N
o ~ N
o ~
3 U1
0 U1
0 In
~
~ C
3 (p
~
z 'O O E
N d 'y, -a
C d r a d ~ d ~ d o
•y., d J i ~
N a O d N D. 41 d a J -p O ~
U ,
f0
Y
O ~ 3 ro ~ +~ N ~ a~ ~ v ~ ~ ~ O ~ ."~ ~ Q O co ~ C ~ O ~ c ~ ~ ~ ca t U O
p N ~ w ~ ~ N ~ ~ ~ ~ ~ ~ >
> _Y >
> U ~ ~ ~ X >
? Y ~ ~ ~ ~ U U O ~ 3
d O
W O
J d' ~ J ~D ~ V1 ~ d' ~ U ~ In ~ J >
> N LL OC ~ W ~ N ~ m >
> ~ In ~ Vl N V1
v
~
C
C
Z
N N v ~ N o N
O m
O ~
O 0 0 0 0 "' ~ `^ ~
'"' N
01
O
O
O
N
N
N
m
m
M
m
m
~
•o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v
a~+
V
~_
.O
L
a
L
3
d
N
iv
n
O1
M
Ql
n
O
d•
N
i\i
v
ao
a
N
U
N
O
a` °°
~ ~
~s
L X
6LJ
3
N
o ~ m m N ~ v oo ~n o 00
o v m ~ o r+ o ~ ~ ~ ~o
O 00 ~ M ~ lD I~ ri N tf1 M
M V1 m I~ lD Ql M 1~ u1 N Q1 O
~ 01 II1 I~ n l0 N n N 01 00 00
o .1 m .-+ v m m .n ~ ~ c-+
N ~D .--I O
.--I
L} V1 VY V} V} V? V} L} V? i/} V?
~ O ~
O .
-i
O O O O
N
`~ O O O O
o O
m l0
N N
m 00
~
N
a--I
N
~ ^
N l
D e
-i O O
m ~ rn o ~
`"~ I~ lD 00 O N
`""~ c7 Ql 1~ M V1
O ~ ~ O
N M ~
i!? i/} y/) y/} L?
N N
N N
m m
o v
~
N ~ ~
r-I ''-~
~ ~
O O O O
O
O O O O
O O ri I~ W
N W N n
t!F i/? V} L}
p ~
~
of l!1 O ~
~ N .--i m
o
. m ~ rn
~ N N
v
`
a
~ ~ ~
~
N ~ O
~ CC
O O ~ C U U j 3 ~ C LL
u ~ p ~ ~ ~ = O w ~ ~ ~ .41
U1
c ~
~ c0 v~
~ ~
v O
o ro
~-
-O
~c O
L ~ r~o x
O
~
O a~
O ~
~ ~ 'O
7 N L
~ +~
~ `-i
~ N
N OC
? ~
N m
"' O
w ~ O
V t
O ~ ~ O ~ fD ~ U ~ ~ U ~ L N ?
N
~
~
~
O
a ~
a
t
j O
~
~
~
~
~
O
~
_
i
a
C
c
-
3 ~
'
Ol ~+
v
~
~ d
~,
O ~
O
- L
y
-
r-I
~
~ m C
J ?
L Y
v
L Y L
O ~ -i `
O ~ 4
Z .y .~ O
2 3 ~ O i
v 2
~ .
o0 ~ -p
oc i
~
~ ~
,~ ~
~ F_
~ ~
tw ~
~ O
c .
~
~+
U _
~ ~
O ~
u
Q ~ ~ ~?' O
O N
~"~ ~
f0 ~'
N 2 rc
L rp
~ ~
i--I pvp ~""~
N C
L
trl OA
~ ~ O ~a
O
(6
~ 2 2 " 7 U 2 0 ro ~ ~ cc ro 0 v lD ~ +~ ~ cc 2 p v ~ 0 0
d N N U N ~ O N ~ O ~ V LL L 2 a~ ~ c-I LL N LL G N +.~ d ~ ~ N
N
~
C
C
7
z M ri N N r-1 N M e-i N M I l11 lD 1~ W Ql
a~ p~ c-I ~ .--~ O O O O O O O O O O O O O
~ ~ m o 0o m .--i ~ .--~ m m m m m m m m m
' ° ° a a a a
o ~ o ~ a a a s a a a a a a
a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
O
W+
V
d
.O
a`
d
N
lD
Q1
d'
+~
u
N
O
d
C
O
dD
41
H
N
N
U1
d
Work Authorization
Exhibit C
Date of Issuance:
Consultant:
Explanation•
This Work Authorization encompasses the following:
Description of Work
Attach Consultant's Proposal
Cost Summary
Original Contract:
Previous Work Authorization(s):
Revised Contract:
Finance Approval:
ACCEPTED*:
By:
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive
Pearland, Texas 77581
www.cityofpea rland.com/projects
Authorization No.:
CoP Project No.:
Date:
Consultant
APPROVED:
By:
Owner
*Consultant agrees to perform services included in this Work Authorization for the not to exceed price indicated. The services will be billed either hourly or lump
sum as defined in the attached Consultant's Proposal.
No work is to be done until this Work Authorization is executed.
Date:
Cost
$ -
$ -
Cost
$ -
Date:
Design 1 of 1 Revised 10/10/08
EXHIBIT D
PATE ENGINEERS, INC.
2009 RATE SCHEDULE (11/08 -10/09)
For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and
the Engineer shall receive the compensation for services performed on a monthly basis. Services
performed on a time and materials basis would be based on the fixed hourly rates stipulated
below for members of our staff engaged to perform services outlined in Work Orders authorized
by the City. If such Work Orders are based on a lump sum, these rates shall be utilized to
determine the lump sum. Any work performed by members of our staff not listed below will be
invoiced at actual salary cost times a 3.1 multiplier.
Staff Category Fixed Hourly rate
Principal ............................................ $200.00
Senior Project Manager ................... $192.00
Project Manager ............................... $147.00
Design Manager ............................... $175.00
Project Engineer ................................ $136.00
Design Engineer ................................ $120.00
Senior Designer (Tech 1) .................. $154.00
CADD Technician (Tech 2) .............. $104.00
GIS Technician (Tech 1) ................... $114.00
GIS Technician (Tech 2) .................. ..$94.00
Construction Manager ....................... $124.00
Construction Observer ..................... $110.00
Administrative ................................... $78.00
October 28, 2008
Paul L. Wallick, P.E.
Senior Project Manager
Pate Engineers, Inc.
13333 Northwest Freeway, Suite 300
Houston, TX 77040
Re: General Engineering Consultant for Utilities Program Management
Resolution No. 82008 -139
Dear Mr. Wallick,
PROFESSIONAL SERVICES
NOTICE TO PROCEED
Enclosed, please find one original of the executed contract for General Engineering Consultant for
Utilities Program Management and other CIP Projects Services.
In accordance with the terms and conditions specified in the Contract for Professional Services for the
above referenced project and as directed by the City of Pearland, you are herewith issued Notice to
Proceed as of October 27, 2008. The next step will be to prepare Work Authorizations to authorize you
to perform the services as described in the contract. The Work Authorizations will be either lump sum or
on an hourly basis at a fixed hourly rate with a not to exceed as identified in Exhibit D of the contract.
Please attend a Kick -off Meeting on November 3, 2008 at 3:00 p.m. at which time we will discuss the
project.
If you have any questions regarding this communication or the instructions it contains, please contact me
at 281- 652 -1821 or tbattenfield @ci.pearland.tx.us.
Sincerely,
Teresa Battenfield, P.E.
Assistant Director
Projects Department
Attachment: ACCEPTANCE OF NOTICE TO PROCEED
ORIGINAL EXECUTED CONTRACT
3519 LIBERTY DRIVE PEARLAND, TEXAS 77581 5416.281 -652 -1600 www.ci.pearland.tx.us
Punted on Re yded Paper
this
ACCEPTANCE OF NOTICE TO PROCEED
Project No. General Engineering Consultant for Utilities Program Management
Firm: Pate Engineers, Inc.
Notice to Proceed: Start Date October 27, 2008
Receipt of the foregoing Notice to Proceed is hereby acknowledged, understood and agreed to
by:
(Name) (Title)
(Consultant)
day of 2008
cc: Trent Epperson, Director, Projects Department
City Secretary's Office (Resolution R2008 -139)
File with Project #PATE