R2011-089 - 2011-08-08A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE COWART'S CREEK DIVERSION
MAINTENANCE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for design services associated with the Cowart's
Creek Diversion Maintenance 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 design services associated with the Cowart's
Creek Diversion Maintenance Project.
PASSED, APPROVED and ADOPTED this the 8th day of August, A.D., 2011.
ATTEST:
YO,f G LO; ING, T
CI i SEC TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -89
_rirrtJ
TOM REID
MAYOR
CONTRACT FOR PROFESSIONAL SERVICES
SECTION I SERVICES OF THE CONSULTANT
Exhibit "A"
Resolution No. R2011 -89
THIS CONTRACT is entered into on August 8, 2011, by and between the City of Pearland
"CITY and ESPA CORP "CONSULTANT
The CITY engages the CONSULTANT to perform professional services for a project known and
described as North/Side Ditch Maintenance Project Bailey to CR 100 "PROJECT (Project
DR0602)
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 design phase services (from 60% submittal to
100% bid ready plans) and bid phase services. Construction Phase services will
be excluded from this contract. 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 6 DL 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.
Design 2 of 6 Dl, Revised 2/1.0
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.
SECTION II PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the project, but
not to exceed six months
SECTION III CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum for design phase
services, with bid phase services based on hourly not to exceed rates plus
reimbursable expenses. Total compensation for the services performed shall not
exceed $67,953.60.
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 90% plans, payments to the CONSULTANT shall
not exceed 70% of the total CONTRACT amount.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed 90% 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.
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.
Design 3 of 6 Dl. Revised 2/10"
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 CONSULTANTS work shall not relieve
CONSULTANTS 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 7120 Grand Boulevard, Suite 100, Houston, TX
77054. 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.
Design 4 of 6 D1. Revised 2/10
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 govem the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attomey'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.
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.
Design 5 of 6 D1. Revised 2/10
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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 8th day of August, 2011.
ONSULTANT
4 re 7 Woc.DE -K ��ttevs,PA•D•,r C.,
Design 6 of 6 D1. Revised 2/10
ENGINEERS SCIENTISTS PLANNERS ARCHITECTS
June 30, 2011
(July 6, 2011)
Trent Epperson
Projects Director
City of Pearland
3519 Liberty Drive, Pearland, TX 77581
Attention: Mr. Trent Epperson
Subject: City of Pearland Ditch Drainage Improvement Project
Professional Engineering Design Services Fee Proposal
ESPA Proposal No.11 -014
Dear Mr. Epperson:
ESPA
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As requested, ESPA CORP, Inc. (ESPA) hereby submits a fee proposal to complete the
professional engineering services on the above referenced project. These professional
design engineering services are limited to progressing the project documents (engineering
drawings and the required back -up) from the existing 60 percent to the requested 100percent
completion. The existing 60 percent project documents were prepared for JKC Associates
(JKC) under a contract with the City of Pearland. It is our understanding that this present
contract between City of Pearland and JKC has been terminated. This Fee Proposal is for
completing the professional design engineering services for the subject project.
SCOPE OF SERVICES
As requested, ESPA CORP will complete the construction drawings for the re- grading of
ditches along designated roadways and associated driveway culverts:
CONSTRUCTION DOCUMENTS
ESPA CORP will complete the design and construction drawings for the re- grading of storm
drainage ditches along Holland, Harkey, Wayne, Berry, McLean, and Wellborn roads between
CR 101 (Bailey Road) and CR 100. Each of these roadways is approximately 5,000 feet in
length. The design is required to consider the "Bailey Road Drainage Improvements" plans
developed by Dannenbaum Engineering.
The proposed work for this task will include providing a hydraulic evaluation of all existing road
and driveway culverts and the design plans to re -grade roadside ditches; removing culverts
and replacing them at appropriate grades.
The project boundary, topographic drawings and other required surveying data were provided
to ESPA in AutoCAD file format for use in generating the design.
7120 Grand Boulevard, Suite 100 Houston, Texas 77054 Ph. 713.680.0080 Fax 713.680.0738 www.ESPA- CORP.com
City of Pearland
Attention: Mr. Trent Epperson
June 30, 2011
(RevJuly6, 2011)
Other services to be provided by ESPA CORP are the following:
1. Attend the pre -bid meeting for the above project and assist the City in the bidding
process;
COMPENSATION
For basic services rendered as stated herein, the City shall pay ESPA CORP a stipulated
amount not to exceed Sixty -Seven Thousand Nine Hundred Fifty -Three Dollars and Sixty
Cents ($67,953.60) with a break -down as follows:
Design Phase Services:
Bid Phase Services:
Indirect Fees:
$63,443.60
$2,510
$2,000
ESPA
Fee for additional services, such as construction phase support services, if required, will be
determined per the attached Hourly Rate Schedule. Additional services will be required for
any changes made by the Client, due to no fault of the Engineer following authorization to
proceed.
Page 2 of 3
City of Pearland
Attention: Mr. Trent Epperson
June 30, 2011
(Rev July 6, 2011)
E SPA
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HOURLY BILLING RATE SCHEDULE
EFFECTIVE JANUARY 1, 2011
(Subject to Annual Revision in January)
PRINCIPAL $225.00
PROJECT MANAGER $150.00
PROJECT ENGINEER $125.00
GRADUATE ENGINEER 95.00
CADD TECHNICIAN COMPUTER 85.00
CONSTRUCTION ADMINISTRATOR (CIVIL) 65.00
PROJECT REPRESENTATIVE (CIVIL) 75.00
FIELD INSPECTOR 55.00 $85.00
ADMINISTRATIVE ASSISTANT 55.00
SUBCONTRACTOR AND NON -LABOR EXPENSE
SUBCONTRACT AND NON -LABOR EXPENSE SHALL BE COMPENSATED FOR AT THE
INVOICE COST PLUS AN ADMINISTRATIVE FEE OF 10
GENERAL
THE HOURLY BILLING RATES QUOTED HEREIN INCLUDES NORMAL SUPPLIES AND
MILEAGE WITHIN FIFTY (50) MILES OF ESPA CORP OFFICE. MILEAGE BEYOND THE
FIFTY (50) MILE LIMIT SHALL BE CHARGED AT THE PREVAILING RATE PER MILE IN
ACCORDANCE WITH CURRENT IRS CODE.
FINANCE CHARGE
INVOICES FOR SERVICES ARE DUE AND PAYABLE UPON PRESENTATION. A LATE
PAYMENT CHARGE WILL BE COMPUTED AT THE PERIODIC RATE OF 1.5% PER
MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 18 SAID RATE SHALL BE
APPLIED TO THE UNPAID BALANCE COMMENCING THIRTY (30) DAYS AFTER THE
DATE OF THE ORIGINAL INVOICE.
Page 3 of 3
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