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R2009-065 - 2009-04-27RESOLUTION NO. R2009-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MCHARD ROAD 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 McHard Road 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 McHard Road Project. PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2009. ~~~ TOM REID MAYOR ATTEST: ,,.. , ,, kQEARl.,q~; ~-: .,~ ~-;: Y NG F G R =~ I Y S RETAR '~"'` APPROVED AS TO FORM: `%~~~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2009-65 T20001 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on April 27, , 2009 by and between the City of Pearland ("CITY") and HDR~Claunch & Miller, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perforn~ professional services for a project known and described as McHard Road Reconstruction Design Phase (CR94 to E. Country Place Blvd) ("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 provide Engineering Services. 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, destniction 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. 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. 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 manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. -2- SECTION II -PERIOD OF SERVICE " This CONTRACT will be binding upon execution and end in April 2010. d SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is a NTE contract. Total compensation for the services performed shall be the sum of $105,350.00. 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 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 HDR~Claunch & Miller, Inc., 4635 Southwest Freeway, Suite 1000, Houston, Texas 77027-7169. Immediately after receiving -3- 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`h 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. 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. -4- 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 Ar~ri 1 , 2009. CIT OF PEARLAND, TEXAS Bill Eisen, City Manager 4/27/09 !" CONSULTANT -5- ~~ CLAUNCH & MILLER Engineering Consultants Apri122, 2009 Mr. Trent Epperson Capital Projects Director City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Exhibit A Re: Proposal for Engineering Services for the City of Pearland's McHard Road Reconstruction C.R. 94 to W. Country Place Blvd. Design Phase Services Dear Mr. Epperson: HDR/Claunch & Miller (HDR/C&M) is pleased to submit this proposal for performing engineering services for the above referenced project. This proposal is based on our understanding of the project as per our previous conversations and meetings. The project includes performing the Design Phase services for the pavement removal and replacement for McHard Road from County Road 94 to W. Country Place Boulevard. HDR/C&M has been previously authorized by the City to complete the drainage study and preliminary roadway grading portions of the project. This proposal presents a general overview of the project for completion of the construction documents, and provides the scope of services and fee. GENERAL OVERVIEW McHard Road currently is a four-lane boulevard section from S.H. 288 to E. Country Place Boulevard, and continues east approximately 0.5 miles as two lanes of a future four-lane boulevard section. The City of Pearland will soon extend the additional two lanes from E. Country Place Blvd. to 0.5 miles east, and also extend the full boulevard section from this point to Cullen Road (FM 865) for a total distance of 1.2 miles. The City of Pearland has previously contracted with HDR/C&M (in 2008) to provide engineering design services for these improvements. This design has been recently completed. The extension project east of Country Place Blvd. will be constructed over the next 15 months and the City and County anticipate that the increased traffic demand on the existing roadway will necessitate the reconstruction of the portion of the roadway from C.R. 94 to W. Page 1 of 5 Mc Hard Road - CR 94 to W. Country Place Blvd. Design Services HDR Engineering, Inc. 14635 Southwest Freeway I Phone (713) 622-9264 Suite 1000 Fax (713) 622-9265 Houston, TX 77027-7139 www.hdrinc.com Country Place Boulevard. Furthermore, this portion of the roadway has areas that flood and cause the roadway to be impassable in heavy rainfall events. This project includes the design of the removal and replacement of a four-lane divided concrete curb and gutter boulevard roadway, consisting of two 25-foot wide pavement sections running each direction. The pavement will consist of 10-inch thick reinforced concrete pavement as per the City of Pearland standards for thoroughfares. The roadway will be raised above existing roadway grade in selected areas to reduce the frequency of roadway flooding. Please note that this Scope of Services includes only the design of new storm sewer improvements consisting of replacement of existing storm inlets and leads. It is our understanding that the offsite storm sewer design, if any, will be contracted under a separate proposal. This portion of the project is located in the City's ETJ, Brazoria County, and Brazoria County M.U.D. No. 4, and it is anticipated that the reconstruction and drainage improvements will be jointly funded by all three entities. The services presented in this proposal are for the completion of the design of the McHard Road Reconstruction between CR 94 and West Country Place Blvd. and the incorporation of these plans into the construction documents for the previously completed McHard Road Extension project. Topographic surveying for this portion of the roadway has been completed and will be delivered to HDR/C&M. SCOPE OF SERVICES I. DESIGN PHASE SERVICES A. Basic Services -Design Phase • Research and gather existing relevant data on the project such as existing utility information, pipeline crossings, as available. • Contact private utility companies, and other entities that may be involved to obtain information on their existing facilities and requirements that may impact this project. • Prepare base mapping of the project area based on survey data supplied by the City's surveyor. • Provide design for the paving improvements for the project. Note that this Scope of Services does not include design of any new storm sewer systems, other than storm inlets and stornl inlet leads. The design of the storm sewer system will be designed by other consultants or by HDR~C&M under a separate agreement. Page 3 of 5 Mc Hard Road - CR 94 to W Country Place Blvd. Design Services • Existing geotechnical information obtained for the McHard Road Extension project will be utilized to determine potential soil conditions, roadway pavement design and potential impact on construction methodology and costs. • Obtain available record drawings from the City, County and B.C. M.U.D. No. 4. • Coordinate with other governmental entities, which may be impacted by the project included those listed above and TxDOT. • Prepare project drawings, bid documents and construction drawings based on anticipated improvements suitable for inclusion in the McHard Road Extension construction documents. • Coordinate with the City, County and B.C. M.U.D. No. 4 during the design phase. Provide three (3) draft sets of plans and specifications for review and comments. Plans will be submitted at the 90% and 100% stages of completion for the review/approval by City staff only. • Incorporate appropriate comments from pertinent entities into the final bid documents: • Complete coordination with other governmental entities or utility agencies in regard to the project. Assist the City in obtaining and/or securing approvals required by governmental authorities with jurisdiction over the design and/or the operation of the project and public and private utilities including pipeline transmission companies affected by this project. This assistance will involve the usual expected coordination and approval process. When the process involves work beyond the expected, such as special submittals, U.S. Army Corps of Engineers Permitting, designs, appearances at special meetings, coordination of utility/pipeline excavation efforts, permitting applications, etc., such work would be considered under the Additional Services portion of this proposal. • Prepare a final cost estimate for including the project with the previously designed McHard Road Extension project. • McHard Road Reconstruction design plans will be incorporated into the construction documents for the previously completed McHard Road Extension project. • Furnish three (3) sets of construction documents to the City. Page 3 o f 5 Mc Hard Road - CR 94 to W. Country Place Blvd. Design Services B. Additional Services Additional services are those services that are beyond the basic services provided in the scope portion of this proposal. Due to the nature of this project there are certain Additional Services that are required. A budgetary amount for these services is noted in the fee section. Anticipated additional services include: 1. Storm Water Pollution Prevention Plan (SWPPP) Prepare a Storm Water Pollution Prevention Plan (SWPPP), including two Notices of Intent (NOI) and two Notices of Termination (NOT), in accordance with the Texas National Pollutant Discharge Elimination System (TPDES) General Permit for Storm Water Discharge from construction sites. 2. Traffic Control Plan Prepare a Traffic Control Plan for the routing of traffic through the project site during the construction phase. This plan will include required signs and lane closures to complete the proposed improvements. FE E The fee is separated into Basic Services and Additional Services. Basic Services Fees Engineering Design Phase Services: Time and Expense Amount Not to exceed: $94,600 (Reflects Total Design Phase Fee of $114,100 less previous authorization of $19,500) Traffic Control Plan: Time and Expense Amount Not to Exceed: $ 6,500 Storm Water Pollution Prevention Plan: Time and Expense Amount Not to exceed: $ 3,500 Drainage Study (Reflects Previously authorized fee of $7, 000) $ 0 Miscellaneous Reimbursables: Cost plus 10% $ 750 (Reflects Total reimbursables of $1500 less $750 previously authorized) Total Design Phase Fee $105,350 Page 4 ors Mc Hard Road - CR 94 to W Country Pluce Blvd. Design Services t The above fee reflects that the City has previously authorized HDR/C&M an interim design phase fee of $27,250 towards the completion of this project. HDR/C&M will submit monthly progress invoices for all engineering work completed to invoice date. Construction and Bid Phase services will be provided under the previous authorization for the McHard Road Extension Project. HDR/C&M will inform the City during the Construction Phase if additional monies will be requested if the schedule is extended for unforeseen circumstances. Subcontractor expenses will be charged at the subcontractor's invoice plus 10%. Time and expense charges and additional services charges will be invoiced on the basis of raw salary labor rates times a multiplier of 3.0 and direct cost plus 10%. No additional services beyond these described in the Scope of Services will be performed or invoiced without prior authorization from the City of Pearland. HDR/C&M appreciates the opportunity to submit this proposal and we look forward to continuing our work with the City of Pearland. Sincerely, HDR/CLAUNCH & MILLER -z`"'-~- -y.,,,,,~`~ r--~~~ ames E. Thompson, P.E., C.F.M. Senior Project Director Page 5 of 5 Mc Hurd Roacf - CR 94 to W Country Pface Blvd. Design Services Effective Rate, Position Includes Tech Number Position Name cti~.,.e re..ti rti.,.,.~ o..... •r~ 3.00 Hourl Tech Char e: $3.70 1 David Kas er $ 208.18 $ 3.70 $ 68.16 2 Jimmy Thompson $ 177.16 $ 3.70 $ 57.82 3 Chris Claunch $ 258.10 $ 3.70 $ 84.80 4 John Peterson $ 116.20 $ 3.70 $ 37.50 5 Rick Ramirez $ 89.11 $ 3.70 $ 28.47 6 kerr lacke $ 116.20 $ 3.70 $ 37.50 7 Lewis Tefft _ _ $ 141.31 $ 3.70 $ 45.87 8 Bobby Vasek $ 84.70 $ 3.70 $ 27.00 9 Rick Shaw $ 97.45 $ 3.70 $ 31.25 10 Chris Shannon $ 87.70 $ 3.70 $ 28.00 11 Dave Jorgenson $ 141.31 $ 3.70 $ 45.87 12 Ed R dell $ 177.67 $ 3.70 $ 57.99 13 _ Clerical $ 63.70 $ 3.70 $ 20.00 Mc Hard Road Reconstruction Manhour Estimate 0 00 0 0 0 0°0 0 °o 00 °o o° °o °0 0 00 0° ~ N N N N N N N N N N N O O n N ~ ~[] N N N N m N N ~ T N N d W _ Q Q Q ~ ~ ~ ~ ~ ~ ~ - 3 7 Lewis Text 9 Rick Shaw 3WIr1 5 1 David Kasper 6 kerry lackey 9 Rick Shaw 8 kerry lackey 9 Rick Shaw id Cut Sheets 1 David Kasper 6 kerry lackey 9 Rick Shaw 7 Lewis Tefft gar 1 David Kasper 12 Ed Rydell 6 kerry lackey 2 Jimm Thom < 1 David Kasper 10 Chris Shannon 1 David Kasper 12 Ed Rydell 6 kerry lackey 6 kerry lackey 9 Rick Shaw 7 Lewis Tefft 1 David Kasper 8 kerry lackey 12 Ed Rydell 1 David Kasper 12 Ed Rydell 6 kerry lackey 13 Clerical 11 Dave Jorgensoi 7 Lewis Tefft 3 Chris Claunch 2 Jimm Thom sc 12 Ed Rydell 9 Rick Shaw 6 kerry lackey 7 Lewis Tefit 1 David Kasper 12 Ed Rydell 6 kerry lackey 2 Jimm Thom so 1 David Kasper 5 Rick Ramirez 3 Chris Claunch 2 Jimm Thom so ~1 David Kasper 12 Ed Rydell 9 Rick Shaw M~ W Q~ V a c v 0 a U G O V i H G 0 W V J O ~ W ~ = O ~ ~ U ~ Q (~ a ~ 6002 'L lsn6ny I I s6oz'~eRlnr If I 600Z'6Z ~Inf 600Z'Ll ~Inf '^ 600Z'OL ~Inr I sooz'e Flnr N 600Z'SZ aunp '~ -- --- 600Z'6l aunp _ 600Z'ZL aunp o - 600Z'Saunp m 600Z'6Z ReW ~ ~~ ' fi00Z'ZZ AeW ~ - 600Z'S l 6eW 600Z'8 l~eW - _- - 600Z't ,(eye I I ~ j - - - ._.- _ - _ ., I 6002 '6Z I!~dV ~ ~ 6002 'Ll I!~dy N 6002'Ol I!~dV ' I i I I I I I i i r c U .~ ~ c N c ~ p ~ -c o i c i i _ ~ m a ~ c ~ - o o - ~ ~ c I ~ ~ a~ U ~ ro °~ a ~ ~ p 2 `~' i c ~ ~ °' ~ ~ ~ ~ ca ~ ~, ~ a i c n w ~ ,.. 3 iv ~ ~ ~ ~, J ~ U ~ ~ O ~ ~ ~ ~ ~ ~ o O C O ~L ~ ~ v otS ~ ~ C.~ ~ ~ o U p ~ U c ~ Y U ~ m N O N ~ N U ~ U d ~ ~ ~ ~ ~~ aUi ~ ~ p ~ S c c p c • ~ U ~ c C3 p ~ ~ ~ ~ ~ C n U d p w U W C n ~ H ~ ~ I. 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