R2011-152 - 2011-12-12RESOLUTION NO. R2011-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH COWART'S CREEK PUMP STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the
Cowart's Creek Pump Station, 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 services associated with the
Cowart's Creek Pump Station.
PASSED, APPROVED and ADOPTED this the 12th day of December, A.D., 2011.
ATTEST:
YO IG LO NG, RM
CI SECARY
APPROVED AS
TO FORM:
NGHIEM V. DOAN
DEPUTY CITY ATTORNEY
ayn
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2011-152
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 1 21- h day of December, 2011.
CITY OF RLAND, TEXAS
CONSULTANT
Design 5 of 5 DI. Revised 2/10
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on December 12, 2011, by and between the City of Pearland
("CITY") and Montgomery & Barnes, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Cowart Creek Regional Detention Facility Pump Station ("PROJECT"). (Project #
DR0602)
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 final design 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 upon completion of the project but
not to exceed 18 months.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum. Total compensation
for the services performed shall not exceed $75,500.
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 of5 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 450 Gears Road, Suite 200, Houston, TX 77067.
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 D1. Revised 2/10
Montgomery & Barnes, Inc.
November 16, 2011
Ms. Cara L. Davis
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
CONSULTING ENGINEERS
Re: Proposal for Cowart Creek Regional Detention Facility Pump Station
Final Design, Construction Phase and Additional Services
Dear Cara:
We are pleased to provide our scope of work and estimated budget to provide final design and
construction phase services for the above referenced project. Our estimated budget is $75,500.00
(attached). The work to be performed will be in accordance with the following:
Final Design
• Investigate value engineering options for the stormwater pump station.
• Prepare 90% construction plans and specifications incorporating approved
recommendations from preliminary engineering. Construction plans to include an update
to the pump station layout, pump selection, electrical and structural design. Montgomery
& Barnes will use the existing CAD drawings provided by the City of Pearland for plan
preparation.
• Submit plans to City of Pearland and BCDD4 for review and comment.
• Complete design incorporating City and BCDD4 comments from 90% plans.
• Submit plans to BCDD4 and City of Pearland for approval signatures.
• Develop final engineer's estimate of construction, specifications and bid sheets.
450 Gears Road, Suite 200 • Houston, Texas 77067 • Phone 281.775.4650 • Fax 281.876.4688
City of Pearland
Page 2 of 3
Bid Phase
• Provide Notice to Bidders (NTB) to the Project Manager. City is responsible for
advertising.
• Assist City with questions and addenda during e -bidding process.
• Chair pre-bid meeting and attend the Bid Opening.
• Respond in writing to questions from bidders and prepare addenda as necessary.
• Prepare Engineer's Recommendation of Award Letter that includes the following
required content:
Check for math errors and reconcile any mathematical discrepancies
- Review for unbalance bid items
- Certified Bid Tabulation including Engineer's estimate
- Review of contractor's financial standing and references provided
Explanation of discrepancies between the Engineer's estimate and bids
- Recommendation to award.
• Attend City Council meeting and recommendation for award of Contract for
Construction.
• Produce and transmit to selected contractor five (5) sets of project manuals ready for
execution with City's Notice of Intent to Award (NOI)
Construction Phase Services
• Attend pre -construction meeting to provide information & answer questions
• Attend monthly progress meetings with Contractor & City of Pearland as needed
• Review/approve & comment on Contractor's submittals, RFIs, Contractor Proposals,
Request for Change Orders (RCO) using City's Pro -Trak system.
• Provide interpretive guidance for Contractor in resolution of problems
• Attend Substantial Completion Inspection with CM or PM to:
1. Review progress of work for Substantial Completion walk through
2. Generate a punch list of items for correction
3. Substantiate items that are completed
4. Issue both Certificate of Substantial Completion (signed/sealed from Design
Engineer) & Final Acceptance or 2nd walk through
• Issue Final Completion & Acceptance letter to City recommending acceptance & release
of final payment
• Prepare As-builts of completed project.
450 Gears Road, Suite 200 • Houston, Texas 77067 • Phone 281.775.4650 • Fax 281.876.4688
City of Pearland
Page 3 of 3
Additional Services
• Prepare stormwater model for Ponds A and B to verify water surface elevations (as
recommended in preliminary engineering meeting). Please note that this effort is to
verify our pump design and selection. This effort is not intended to validate JKC's
overall drainage system study. We are confident that the recommended lower pumping
rate and longer drawdown period will not produce a negative impact on the overall
drainage system.
We propose a total budget of $75,500 for the above scope of work broken down into the various
phases as follows:
Final Design $55,405
Bid Phase $ 4,755
Construction Phase $ 9,360
Additional Services $ 4,880
Reimbursables (Mileage, Reproduction, Deliveries) $ 1,050
$75,500
We intend to complete the design and submit for review with the City and BCDD4 within 45
days of approval of this proposal. If you have any questions, please contact me at (281) 775-
4650.
Sincerely,
artin C. urdock, P.E.
Vice President
David W. Warner, P.E.
Project Manager
g:\business development\pearland\pump station\ltr pearland cowart creek proposal final design rev 11-16-11.doc
450 Gears Road, Suite 200 • Houston, Texas 77067 ♦ Phone 281.775.4650 • Fax 281.876.4688
Montgomery & Barnes, Inc.
STANDARD RATE SCHEDULE
for Cowart Creek Pump Station - City of Pearland
November 2011
450 Gears Road, Suite 200
Houston, Texas 77067
281-775-4650
281-876-4688 (Fax)
PERSONNEL
Engineering
Principal $175 - $225/hr
Senior Project Manager $160/hr
Senior Engineer $120/hr
Project Manager $120/hr
Engineer $110 - $120/hr
Construction Manager $160/hr
Senior Construction Inspector $90/hr
Construction Inspector $75/hr
Designer $110/hr
CAD Technician $85/hr
GIS Specialist $100/hr
Project Assistant/Clerical Support $75/hr
Surveying
2 -Man Crew $110/hr
3 -Man Crew $125/hr
Survey Manager RPLS $150 - $200/hr
Project Surveyor RPLS $130/hr
Senior Survey Technician $85/hr
Survey Technician $75/hr
Field Supervisor $85/hr
All field crew time subject to 4 -hour minimum.
TRAVEL & SUBSISTENCE
All travel and subsistence expenses will be invoiced at actual cost. Cost of mileage for private and company-
owned vehicles will be at the prevailing rate designated by the U.S. Internal Revenue Service and will be based
on portal-to-portal.
SUPPORT SERVICES
Reproduction, long distance and cellular telephone costs, delivery charges, special computer time, and lease
equipment will be invoiced at actual cost. Subcontracted professional additional services will be invoiced at
actual cost plus a 10% management fee.
TERMS
Invoices will be submitted monthly for all services rendered and are due upon receipt. Payments received more
than 30 days after the original date may be subject to a late charge of one percent (1%) per month.
Montgomery & Associates reserves the right to stop work should invoices not be paid within 30 days.
Montgomery & Barnes, Inc.
City of Pearland
Cowart Creek Regional Detention Facility Pump Station - Final Design
November 16, 2011
Sr. Project CAD Construction Phase
Manager Sr. Engineer PM/Engineer Designer Tech. Clerical Manager Subconsult Total
$160 $120 5120 5110 $85 575 $160 (+10%)
PHASE
Final Design Phase
Project Meetings (2( with City Staff 8 9 8
Investigate Value Engineering Options 12 8
Revise Plans for 90 %Submittal
Cover Sheet 1 2
Project Layout 1 4
Pond A layout 2 4
Pond 6 layout 2 4
Pump Station Site Plan 4 8
Pump Station & Outfall 4 4
Details- Pump Station & Structural 8 8 8
Details- Pumps, Pump Station & Accessories 8 8 8
Details - Wet Well 8 8 8
Details - Drainage&Fendng 4 2
Details- Pond, Sump Pump & Structural 8 8
Electrical (Subconsuhant) $4,967
Structural (Subconsuhant) $19,428
SWPPP Plan 2 4
SWPPP Details 1 2
OA(QC 4 4 4 4 4
Submit plans to City of Pearland & BCDD4 for Review 4 4
Revise plans and get approvals 8 16
Develop final engineer's estimate, specs and bid sheets 4 16 8 8
Subtotal Hours 16 4 105 24 90 8 28
Subtotal Cost 52,560 5480 512,600 $2,640 $7,650 $600 $4,480 524,395 $55,405
Bid Phase
Prepare Notice to Bidders 1
Attend Pre -Bid 3
Respond to Bidder Questions & Prepare Addendums (e -bidding
system) 8 2
Attend Bid Opening 2
3
Prepare Bid Tabulation, Review Bids, Award Recommendation 1 4
Attend City Council Meeting 3
Prepare Contract Documents 12 2
Subtotal Hours 0 0 30 0 0 9 3 0
Subtotal Cost $0 50 53,600 $0 SO 5675 5480 0 S4,755
Montgomery & Barnes, Inc.
City of Pearland
Cowart Creek Regional Detention Facility Pump Station - Final Design
November 16, 2011
Sr. Project CAD Construction Phase
Manager Sr. Engineer PM/Engineer Designer Tech. Clerical Manager Subconsuh, Total
5160 5120 5120 5110 $85 575 5160 0101f)
Construction Phase
Attend pre -construction meeting 4
Attend monthly progress meetings (Assumes 6 mo. contract) 18
Review RFI's, RFPS, RCO's 8
Review contractor submittals (Pro -Trak system) 8
Design Support 8
4
$2,150
Attend Sub. Completion inspection with Contractor and City 4
Issue Punch List & Cretificate of Completion 1
PrepareAs-buifts. 2 6
Subtotal Hours 0 0 53 0 10 0 0
Subtotal Cost $0 50 56,360 $0 $850 So SD 52,150 59,360
Additional Services
Stormwater Modeling 2 30 8
Subtotal Cost 5320 53,600 5960 50 50 50 50 0 $4,880
TOTAL HOURS 18 34 196 24 100 17 31
TOTAL COST $2,880 54,080 43,520 $2,640 58,500 $1,275 54,960 526,545 $74,400
GRAND TOTAL $75,500
ReImbursables
Deliveries 5@$15 575.0
Postage 540.00
Mileage 1,350 miles @$0,51 568850
Reprographics 5300.00
Total Reimbursable 51,103.50
say 51,100.00
EXHIBIT A
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ii.
SCOPE OF SERVICES
FOR
Cowart Creek Pump Station
Design I of4 DIO. Revised 7/03
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 90% (include bid
form & completed "front end documents" at 90%).
ii. Submit 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 via city's e-bid system..
Design 2 of4 DIO. Revised 7/08
Bid Phase Services
1. Bid Phase Services
a. Provide Notice to Bidders (NTB) and list of bid items to the Project
Manager in electronic form appropriate for the e-bid system format.
City is responsible for advertising.
b. Chair pre-bid meeting and attend Bid Opening
c. Respond in writing to questions from bidders and prepare addenda
as necessary.
d. 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)
Design 3 of 4 DIO.Revised 7/08
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 using the City of
Pearland's Pro-Trak system
iv. Review & approve monthly pay applications coordinating
with Construction Manager using the City of Pearland's Pro-
Trak system
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 of4 D10.Revised 7/0S