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R2010-032 - 2010-03-08RESOLUTION NO. R2010-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MCHARD ROAD PROJECT (SOUND WALLS). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the McHard Road Project (sound walls), 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 design services associated with the McHard Road Project (sound walls). PASSED, APPROVED and ADOPTED this the 8th day of March, A.D., 2010. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: h di— DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2010-32 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on March 8, 2010, by and between the City of Pearland ("CITY") and HDR Engineering, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as McHard Road Sound Wall Design ("PROJECT"). (Project # T20001) 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 Design, bid Phase and Construction Phase 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, 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. Design 1 of 5 DI . Revised 2/10 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. Design 2 of 5 DI . Revised 2/10 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 December 2010. 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 $85,680.00 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. Design 3 of 5 DI. Revised 2/10 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 Engineering, Inc., 4635 Southwest Freeway, Suite 1000, Houston, Texas 77027-7169. 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 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 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. Design 4 of 5 DI. Revised 2/10 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 8 th day of March, 2010. CITY 0 PEARLAND, TEXAS Bill Eisen, City Manager CONSULTAN Design 5 of 5 DI. Revised 2/10 ha 1 CLAUNCH & MILLER Engineering Consultants MAR U 4 iv February 25, 2010 Mr. Trent Epperson Capital Projects Director City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Proposal for Engineering Services for the City of Pearland's McHard Road Sound Wall Final Design and Construction Phase Services Dear Mr. Epperson: HDR 1 Claunch & Miller (HDR) 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 Final Design, Bid and Construction Phase services for the installation of a sound wall along residential portions of the roadway east of Country Place Boulevard. This proposal presents a general overview of the project for preparation of the construction documents and provides the scope of services, and our proposed fee. GENERAL OVERVIEW McHard Road is currently being constructed as a four lane boulevard section from Country Place Boulevard to Cullen Road (FM 865). The City of Pearland desires to install approximately 3000' of sound wall in areas in which the roadway is adjacent to residential areas. Based on preliminary cost estimates, the construction cost estimate for the proposed sound wall is approximately $597,250 plus an additional $262,500 for drilled shaft foundations for a total cost of $859,750. Optional features that are not included in this cost are coping and column caps. The approximate cost of these items is $109,670. These items can be bid as alternative bid items. The services presented in this proposal are for the Final Design, Bid and Construction Phase of the McHard Road sound wall installation. This proposal also addresses additional services HDR will provide during the Design, Bid and Construction Phases necessary to support the project. It is our understanding that the City will be providing construction management and inspection services for the project, with Construction Administration services by HDR. Page 1 of 6 Mc Hard Road Sound Wall Final Design and CogrAc ior�Adn Administration Engineering Services HDR Engineering, Inc. f out west Freeway I Phone (713) 622-9264 Suite 1000 Fax (713) 622-9265 Houston, TX 77027-7139 www.hdrinc.com SCOPE OF SERVICES A. Basic Services 1. Final Design Phase Services • Review and utilize 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. • Utilize existing base maps prepared for previous design of McHard Road Improvements. • 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. • Study record drawings from the City, County and M.U.D. 4. • Provide the City with options for acceptable wall finishes and cost comparisons of each option for consideration by the City and HOA for final aesthetic appearance. • Prepare project drawings, bid documents and construction drawings based on anticipated improvements. • Coordinate with the City, County and M.U.D. 4 during the design phase. Provide three (3) draft sets of plans and specifications for review and comments. • 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 all governmental authorities with jurisdiction over the design and/or the operation of the project and all 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, designs, appearances at special meetings, coordination of utility/pipeline excavation efforts, permitting applications, etc., such work would be considered under the Special Services portion of this proposal. • Prepare a final cost estimate for including the project. • Furnish three (3) sets of construction documents to the City. 2. Bid Phase Services Page 2 of 6 Mc Hard Road Sound Wall Final Design and Construction Administration Engineering Services • Assist the City in obtaining bids for the project. The City will advertise the project and will absorb all related advertising costs. HDRIC&M will coordinate with the City and will assist in developing the bid advertisement. • Dispense construction documents from HDR1C&M's office to potential bidders. • During the bidding process, provide information to answer questions from potential bidders concerning the Project's construction documents and prepare addendums as necessary. • Conduct a pre-bid conference for potential bidders. • Evaluate the bids and the qualifications of the apparent low bidders and make a recommendation concerning the award of the contract. 3. Construction Phase Services • Conduct a pre -construction conference for the project. • Review and respond accordingly to all submittals and RFI's as required by the contract specifications. • Prepare change orders as necessary. • Review of the contractor's pay estimates for completed work. • Visit the site twice monthly to observe the progress and quality of executed work and to determine if such work is proceeding in accordance with the Contract Documents. HDRIC&M will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). HDRIC&M effort will be directed toward providing a greater degree of confidence for the City that the completed work of Contractor(s) will conform to the Contract Documents, but HDRIC&M will not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. • Conduct a final inspection of the Project and prepare a punch list. • Prepare a blue line set of record plans to the City based on drawings provided by the Contractor. B. Additional Services Additional services are those services that are beyond the basic services provided in the scope portion of this proposal. Page 3 of 6 Mc Hard Road Sound Wall Final Design and Construction Administration Engineering Services 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) (HDR) 2. Reproduction (A&E) 3. Sound Wall Analysis • Analysis to determine the appropriate length of wall past the end of the residential area to reduce noise to required levels while utilizing the existing noise study performed by the City. 4. Miscellaneous Services • It is recommended that a miscellaneous services fee amount be authorized to cover additional tasks and costs, which may occur during the progress of the work. Such tasks and costs will only be performed upon authorization from the City. Geotechnical Services are assumed to not be required based on the data existing from the McHard Road Extension and Reconstruction Project and are therefore not included in this scope of work. Services beyond the above described scope of services shall only be performed when directed by the City to HDR. These include services resulting from significant changes in the extent of the Project or its design including but not limited to changes in scope, complexity, or character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond HDR's control. HDR will endeavor to apprise the City of any potential additional or extended services which may result from the above listed items, prior to HDR's expenditure of time on such services. Any such extended or additional services shall only be performed when directed by the City in writing. Page 4 of 6 Mc Hard Road Sound Wall Final Design and Construction Administration Engineering Services FEE The fee is separated into Basic Services and Additional Services. Basic Services Fees Final Engineering Design Phase Services: The lump sum amount of $60,431.00 Bid Phase Services: Not to exceed: $ 3,530.00 Construction Administration: Not to exceed: $11,279.00 Subtotal Basic Services Fee $75,240.00 Additional Services Fees 1. Storm Water Pollution Prevention Plan: The lump sum amount of $ 2,440.00 2. Reproduction: Subcontractor's Cost plus 10%: $ 3,000.00 3. Sound Wall Length Analysis: The lump sum amount of $ 3,000.00 4. Miscellaneous Services as may be authorized by the City: $ 2,000.00 Subtotal Additional Services Fee $10,440.00 Total Final Design Phase Fee $85,680.00 HDR will submit monthly progress invoices for all engineering work completed to invoice date. Subcontractor expenses will be charged at the subcontractor's invoice plus 10%. Time and materials charges and additional services beyond those described in the Scope of Services will be invoiced on the basis of the attached rate schedule 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. Page 5 of 6 Mc Hard Road Sound Wall Final Design and Construction Administration Engineering Services HDR appreciates the opportunity to submit this proposal and we look forward to continuing our work with the City of Pearland. Sincerely, HDRIClaunch &Miller 1� y James E. Thompson, P.E. Senior Project Manager Page6of6 Mc Hard Road Sound Wall Final Design and Construction Administration Engineering Services HDR I CLAUNCH&MILLER BILLING RATES Labor Principal Senior Project Manager Project Manager/Engineer Project Engineer II CADD Manager CADD Senior CADD Clerical Range Not to Exceed $260.00 $145.00 to $200.00 $115.00 to $180.00 $73.00 to $90.00 $115.00 to $180.00 $73.00 to $90.00 $115.00 to $180.00 $45.00 to $145.00 LETTER OF TRANSMITTAL 3519 Liberty Dr., Pearland, Texas 77581 Ph: (281) 652-1756 Fx: (281) 652-1706 10: Sonia Webb City Secretary's Office RE: R2o10-o2 — A>renda of March 8, 2010 DATE: 2010.03-01 From: Sheila Olivarez Projects Dept. .i�.w��'�k A'ua'�i�t.. q �t ? i'y •t ,i 1' . ::. i�. 2 T20001- McHard Road Sound Wall Contract for Professional Services - Design Project HDRICIaunch & Miller ❑ FOR CITY COUNCIL APPROVAL ❑ APPROVED AS SUBMITTED ❑ FOR YOUR USE Thanks! Sheila Olivarez Projects Secretary ❑ FOR SIGNATURE AND ATTEST ❑ SCAN INTO LASERFICHE February1, 2010 Task Cost Total Hours Rate February 8, 2010 February 15, 2 February 22, 2 March 15, 2010 May 24, 2010 Task Total $302.28 $505.22 $241.34 $166.78 2.0 4.0 2.0 2.0 $151.14 $126.30 $120.67 $83.39 Task 1 Project Kickoff Meeting In House Personnel: 2 4 7 9 Senior Project Manager Project Manager/Engineer CADD Manager CADD $1,010.43 $667.10 $600.80 8.0 8.0 8.0 $126.30 $83.39 $75.10 Task 4 Research & Gathering Re Personnel: ord D awings 4 Project Manager/Engineer 9 CADD 10 Project Engineer II $2,020.86 $0.00 $1,201.60 16.0 0.0 16.0 $126.30 $83.39 $75.10 5 ISite Reconnaissance ersonnei:. 4 Project Manager/Enginee 9 CADD 10 - Project Engineer 11 $1,768.26 $14,009.10 $2,102.80 $0.00 14.0 168.0 28.0 0.0 $126.30 $83.39 $75.10 $120.67 6 Plan and Prbflle Sheets Personne): Project Manager/Engineer 9 ' CADD 94 Project Engineer II 11. Senior CADD $1,768.26 $4,669.70 $2,102.80 $0.00 14.0 56.0 28.0 0.0 $126.30 $83.39 $75.10 $120.67 4 Project Manager/Engineer 9 CADD Project Engineer II 11.: Senior CADD $2,020.86 $o.00 $2,403.20 $o.00 16.0 0.0 32.0 0.0 $126.30 $83.39 $75.10 $54.70 8 (Specifications and Qu ntities Personnel: Project Manager/Engineer CADD Project Engineer II Clerical $1,209.13 $o.00 $965.35 $151.14 $126.30 $120.67 2 ' Senior Project Manager Project Manager/Engineer 11,E Senior CADD $505.22 $667.10 $600.80 $0.00 4.0 8.0 8.0 0.0 $126.30 $83.39 $75.10 $120.67 10IInterim Submittals and Client Reviews Personnel: 4 Project Manager/Engineer CADD 10 :. Project Engineer II 11 Senior CADD $505.22 $667.10 $600.80 $0.00 4.0 8.0 8.0 0.0 $126.30 $83.39 $75.10 $120.67 Interim Add ing Comments and Modifications Personnel: Project Manager/Engineer CADD Project Engineer II Senior CADD $906.85 $6,062.59 $0.00 $724.01 6.0 48.0 0.0 6.0 $151.14 $126.30 $219.94 $120.67 eject anagement and Drawing Review Personnel 2 . Senior Project Manager 4 Project Manager/Engineer 3.'. Principal 7;" CADD Manager $505.22 $600.80 Task $126.30 $75.10 131Engineers Cost Estimate Personnel: 4 Project Manager/Engineer Project Engineer II $505.22 $1,334.20 $600.80 4.0 16.0 8.0 $126.30 $83.39 $75.10 5ISWPPP Personnel: 4 - Project Manager/Engineer 9 CADD 10 Project Engineer II $1,813.69 $1,515.65 Task $151.14 $126.30 Personnel 2 Senior Project Manager 4 Project Manager/Engineer $604.56 $1,010.43 $965.35 Ta $151.14 $126.30 $120.67 Task 171Final QAIQC Personne 2 4 11 Senior Project Manager Project Manager/Engineer Senior CADD Task Total $505.22 $1,334.20 $600.80 4.0 16.0 8.0 $126.30 $83.39 $75.10 Task 18IFinal Drawings -w/ Corrections Personnel: 4 I 9 10 Project Manager/Engineer CADD Project Engineer II