R2011-100 - 2011-09-12 RESOLUTION NO. R2011 -100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE TWIN CREEK REGIONAL LIFT
STATION 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 Twin Creek Regional Lift Station 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 Twin Creek Regional Lift Station Project.
PASSED, APPROVED and ADOPTED this the 12 day of September, A.D., 2011.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2011 -100
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on September 12, 2011, by and between the City of Pearland
( "CITY ") and Pate Engineers ( "CONSULTANT ").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Twin Creek Regional Lift Station ( "PROJECT "). (Project # WW1101)
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 Design, Bid 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.
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.
Design 2 of 5 D1. Revised 2/10
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the project, but
not to exceed 30 months.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum for design engineering
and bid phase services and hourly not to exceed for construction phase services..
Total compensation for the services performed shall be the sum of $146,534.
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 preliminary design 60% plans, payments to the
CONSULTANT shall not exceed 60% 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.
B. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
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
Design 3 of 5 DI. Revised 2/10
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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. 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.
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 D1. 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 11th day of September, 2011.
CITY F • R AND, TEXAS
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C t SULTAN
Design 5 of 5 D1. Revised 2/10
EXHIBIT A
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UTILITIES SCOPE OF SERVICES
FOR
Twin Creek Regional Lift Station
Design 1 of 4 D10. Revised 7/08
BASIC SERVICES: The Consultant shall render the following professional
engineering services to the OWNER in connection with the construction of the
Project.
Design Phase Services
a) Prepare Construction Plans and Specifications
b) Cost Estimates
i. Submit for review detailed construction plans at 60% & 90%
(along with specifications form at 60% - include bid form &
completed "front end documents" at 90 %).
ii. Submit 60% & 90% plans to Utility companies and coordinate
work for relocation by others.
iii. Coordinate with external regulatory and permitting agencies,
including but not limited to, TXDOT, Brazoria DD #4 & Harris
County Flood Control & USACE (US Army Corp of Engineers).
iv. Provide Traffic Control plan and SWP3 plans and spec's if
required.
v. Submit plans for City Engineer's signature.
vi. Prepare bid sets for distribution to plan houses and bidders.
Bid Phase Services
1. Bid Phase Services
a. Provide Notice to Bidders (NTB) to the Project Manager. City is
responsible for advertising.
b. Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amtek
and (2) two sets to the City [PM (1), Purchasing (1) and interested
bidders]
c. Distribute (including the sale of) plans to interested bidders
i. Keep record of plan holder's list
d. Chair pre -bid meeting and attend Bid Opening
Design 2 of 4 DIO. Revised 7/08
e Respond in writing to questions from bidders and prepare adenda
as necessary.
f. Assist with design of Bid Proposal*
g. Prepare Engineer's Recommendation of Award Letter that includes
the following required content:
i. Check for math errors and reconcile any mathematical
discrepancies
ii. Review for unbalance bid items
iii. Certified Bid Tabulation including Engineer's estimate
iv. Review of contractor's financial standing and references
provided
v. Explanation of discrepancies between the Engineer's
estimate and bids
vi. Recommendation to award
2. Attend City Council meeting and recommendation for award of Contract
for Construction.
3. Produce and transmit to selected contractor five (5) sets of project
manuals ready for execution with City's Notice of Intent to Award (NOI)
*This is the use of bid strategies to attain lowest possible prices for work, use of
alternatives, etc.
Construction Phase Services
4. Construction Phase Services
a. Construction Administration
i. Attend pre- construction meeting to provide information &
answer questions
ii. Attend monthly progress meetings with Construction
Manager, Contractor & City of Pearland
iii. Review & comment on Construction's submittals, RFIs,
RCOs including coordination with Construction Manager on
Change Directives & Change Orders
Design 3 of 4 D10. Revised 7/08
iv. Review & approve monthly pay applications coordinating
with Construction Manager
v. Provide interpretive guidance for Contractor, Construction
Manager in resolution of problems
vi. Coordinate with Construction Manager to review progress of
work for Substantial Completion; with production of punch
list; substantiation that items are completed; and issue both
Certificate of Substantial Completion & Final Acceptance
vii. Issue letter to City recommending acceptance & release of
final payment
viii. Coordinate contracts, CM /CI to provide complete record of
As- Builts
ix. Provide Record Drawings from Contractor's As- Builts in
electronic format (CD) & hard copy
Definition:
1) As- Builts "redlines ": Contractor's record of field changes to the work in line,
grade & elevation
2) Record Drawings: Engineer's incorporation of contractor's As- Builts
Design 4 of 4 D10. Reviscd 7/08
PATE:, ENGINEERS
August 31, 2011
Mr. Trent Epperson
Projects Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Reference: Proposal for Design Engineering Services for the Twin Creek Regional Lift
Station Project; PATE Job No. 1717- 005 -00
Dear Mr. Epperson:
Pate Engineers, Inc. (PATE) is pleased to present this proposal to perform engineering
services for design and construction related services of the Twin Creek Regional Lift Station
and associated gravity sewer and force main. These facilities will serve the area north of
McHard Road, west of Pearland Parkway and east of Old Alvin. Our services will include the
following:
• Design — Phase II
1. Prepare specifications and plan and profile drawings for the proposed sanitary
sewer and force main. These drawings will be prepared at a 1:20 scale on 22" x
34" sheets.
2. Prepare plans and specifications for the proposed lift station.
3. Coordinate with the City SCADA consultant on the SCADA design to be
included at the site and in the lift station control panel.
4. Phase II design will be completed within 180 calendar days of Notice to proceed.
5. Submit plans, specifications and estimate for review by the City at 60 %, 90% and
100 %.
6. Obtain necessary approvals and signatures for the bid documents.
7. Prepare an engineer's estimate of probable construction cost based on calculated
quantities and items outlined in the Bid Proposal included in the bid documents.
8. Attend monthly design progress meetings. Provide an agenda and prepare
meeting notes including required Action and Decision items.
Bid Phase
1. Provide assistance to the City during the bidding phase to include:
➢ Assist in advertising the project. Provide .pdf plans for Ebid.
➢ Prepare any addenda.
➢ Attend the pre -bid conference
2. Prepare a Bid Tabulation and make a contractor recommendation based on the
results of the bids received and other information provided by the City.
HOUSTON • 13333 Northwest Freeway, Suite 300 • Houston, Texas 77040 • T: 713.462.3178 F: 713.462.1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com
Mr. Trent Epperson
City of Pearland
August 31, 2011
Page 2
Construction Phase - Phase III
1. Conduct the pre - construction conference.
2. Prepare all construction contract addenda, as required.
3. Provide design clarifications and recommendations to assist the City in resolving
field problems relating to construction (RFI, RFP, CO), using Pro -Trak.
4. Review and take appropriate action upon shop drawings being furnished by the
construction contractor. Determine if shop drawings, samples and other submittals
are in general conformance with the requirements of the contract documents. Notify
the City of any non - conformance issues, using Pro -Trak.
5. When requested by the City, evaluate contractor changes and cost proposals and
recommend action to the City. Assist the Construction Manager in preparation and
processing of change orders, using Pro -Trak.
7. Participate in monthly construction progress meetings with Construction Manager.
8. Review monthly payment applications with Construction Manager.
9. Make periodic site visits to the Project site to observe the progress and quality of the
executed work.
10. Attend Substantial and final Project walkthrough.
11. Prepare "record drawings" indicating changes to the contract drawings and showing
significant changes made to the work during the construction of the Project. Such
changes will be based upon marked -up "record drawings" furnished to PATE by the
construction contractor. Deliver mylar and electronic files to the City.
The preliminary construction cost estimate for the project is $1,967,900, including a 15%
contingency. We propose to perform Phases II and III Basic Services for fees as shown
below, billable monthly based on percentage of work complete:
Design - Phase II $115,100 Lump Sum
Bid Phase $ 5,257 Lump Sum
Construction Phase Services $ 26,177 Hourly, NTE
Total Basic Services $146,534
We appreciate the opportunity to present this proposal to the City. If you need additional
information in support of this proposal, please do not hesitate to contact Paul Wallick at 713-
462 -3178 or pwallick @,pateeng.com.
Very truly yours,
PATE ENGINEERS, INC.
TBPE F- 002726
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Paul C. Wallick, P.E.
Senior Project Manager
Enclosures
J: \1700 \171700500 Twin Creek Regional LS\200 PROJ MGMT\00 Proposal\Proposal Twin Creek LS_ Design_08.31.11.do
HOUSTON • 13333 Northwest Freeway, Suite 300 • Houston, Texas 77040 • T: 713.462.3178 F: 713.462.1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com