R-2013-138-2013-09-09 RESOLUTION NO. R2013-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS,AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE 2ND DRAINAGE OUTFALL DESIGN FOR
MCHARD ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services, 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 professional services associated with the 2ND
drainage outfall design for McHard Road.
PASSED, APPROVED and ADOPTED this the 9th day of September, A.D., 2013.
= n 6-114)
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM: f.,. ""
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-138
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on September 9, 1 3 by and between the City of Pearland
("CITY")and Huitt Zollars, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as McHard Road 2nd Outfall ("PROJECT"). (Project# DR1402)
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 and surveying services for
McHard Road Drainage Improvements at Country Place Subdivision. 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 D1.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 2/10
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 Final Design Phase will end within 30
calendar days.
SECTION III-CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is the following:
1. Lump Sum for Preliminary Design Phase Services $15,000.00, Design
Phase Services $19,000.00, Bid Phase Services $3,600.00, Construction
Phase Services $5,000.00, and Survey $7,500.00 shall not exceed
$50,100.00.
2. Hourly, Not to Exceed for Construction Control Staking $1,500.00 and
Project Representation During Construction $8,000.00. Total Hourly
services shall not exceed $9,500.00.
3. Reimbursable expenses amount shall not exceed $2,000.00 without prior
authorization.
Total compensation for the services performed shall not exceed $61,600.00.
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 30% plans, payments to the
CONSULTANT shall not exceed 30% of the total CONTRACT amount.
Design 3 of 6 DI.Revised 2/10
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed 60% 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.
3. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 90% of the total CONTRACT amount prior to submittal of the
final report deliverables.
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 1500 South Dairy Ashford, Houston, Texas
77077. 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.
Design 4 of 6 DI.Revised 2/10
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 CONSULTANT
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.
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
Design 5 of 6 D1.Revised 2/10
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 9th day of septPmbea2013.
I
CITY OF rEARLAND, TEXAS
Mr. Bill Eisen
City Manager
II CONSUL' A 4 T
Design 6 of 6 DI.Revised 2/10
I I( I I I--I 1 _ )1_[-[AR')
HUITT-ZOLLARS.INC. • 1500 South Dairy Ashford • Suite 200 • Houston,TX 77077-3855 • 281 496 0066 phone • 281 496 0220 fax • huitt-zollars.com
August 9,2013
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
Attention: Mr.Skipper Jones
Reference: Proposal for Professional Services for McHard Road Drainage Improvements
at Country Place Subdivision in Pearland,Texas
Huitt-Zollars, Inc-(Engineer)is pleased to present our revised proposal for engineering and surveying services
to City of Pearland (Client) for the McHard Road Drainage Improvements at Country Place Subdivision
(Project). Our proposal is based on the following Scope of Services, Compensation, Schedule and the Terms
and Conditions in the City's Standard Engineering Agreement.
Project Understanding
The proposed improvements will divert golf course storm water runoff away from the McHard Road drainage
system that flows in a southerly direction. The storm water runoff will be conveyed through a series of storm
sewer pipes and existing detention ponds that are located along the north side of McHard Road within the
Lakes at Country Place Subdivision. The area of the golf course for which the diversion of storm water runoff
will be diverted is located northwest of the intersection of McHard Road and Country Place Boulevard
(Exhibit A).
SCOPE OF SERVICES:
Basic Services
1.0 Preliminary Design Phase Services
1. Attend Design Kick-off meeting with City to review City's objectives
a. Refine,define,and agree on project scope and limits
2. Review adjacent projects,current and future,to identify any interplay or impact to or from subject
project
a. Identify any requirements stemming from this relationship if it exists
3. Identify existing data sources and resources currently held by the City and make arrangements to
obtain this information
4. Identify any gaps in this data and make arrangements to supplement through other sources,
specifically:
a. Surveys
b. Geotechnical
c. Environmental
5. Prepare and submit preliminary Drainage Report consisting of,but not limited to :
a. Develop overall drainage area(s)for the study and provide exhibits
b. Develop sub-drainage areas including
c. Develop the 1 percent(100 yr)and the 33 percent(3 yr)exceedance probabilities for the
drainage areas
d. Calculate the percent impervious/discharge coefficients
e. Calculate time of concentrations
f. Develop flow rates for each system within the study area
1 of 5
b. Attend monthly construction progress meetings with Contractor&City of Pearland
c. Review/approve&comment on, via ProTrak,Contractor's submittals,RFIs,Contractor
Proposals, Request for Change Orders(RCO) including coordination with Construction
Manager on Proposals&Change Orders
d. Provide interpretive guidance of the requirements of the construction documents for
Contractor,City and Construction Manager in resolution of problems
e. Conduct Substantial Completion Inspection with CM or PM to:
i. Schedule Substantial Completion walk through to review and substantiate completion
status of work
ii. coordinate with City or CM to generate a punch list of items requiring completion and
or correction
iii. ,issue both Certificate of Substantial Completion(signed/sealed from Design Engineer)
&or after 2nd walk through, Final Acceptance and Completion
f. Issue Final Completion&Acceptance letter to City recommending acceptance& release
of final payment
g. Coordinate with contractor to receive and review redline documents(As Builts)and enter
field changes into the Record Drawings
h. Within thirty(30)days after receipt of As-Builts"Redlines"(Contractor's record of field
changes to the work in line,grade&elevation)from the contractor,the Engineer shall
prepare and provide to the City one(1)set of full size reproducible Record Drawings
(Engineer's incorporation of contractor's As-Builts,an electronic file copy(PDF format)
and an AutoCAD file(.dwg),or compatible .dxf file
Additional Services
Additional Services are those services not otherwise included as Basic Services and are provided by the
Engineer as described below:
1.0 Survey
Engineer will establish survey control and conduct a topographic survey establishing the natural
ground elevations, elevations of existing roadways and the location of existing utilities and line sizes.
Engineer will also perform limited boundary surveying. Includes preparation of metes and bounds
descriptions for storm sewer easements. Engineer will assist Client in obtaining easements from the
Property Owner's Association for the proposed storm sewer improvements.
2.0 Construction Control Staking
Engineer will provide horizontal and vertical base line control for the Contractor; control staking will
be provided one time only. The Contractor will be responsible for providing his own construction
staking from the base line control. Engineer will provide:
1. Horizontal Control: Street centerline,PT's,PC's,angle points,and block corners.
2. Vertical Control:Three benchmarks as specified.
The control staking does not include construction staking for the Contractor. The Contractor will be
responsible for providing his own construction staking.
3.0 Project Representation During Construction
Engineer will provide full-time project representation during placement of concrete, laying of pipe and
backfilling operations. During all other construction activities, such as excavation, stabilization, and
grading, Engineer will provide periodic observation. In providing such observations, Engineer will
endeavor to protect the Client against defects and deficiencies in the work of Contractors,but does not
guarantee the performance of their contracts nor assume responsibility for construction means,
methods, techniques, sequence, procedures, safety precautions or programs in connection with the
Page 3 of 5
g. Analyze alternatives to reduce frequency and severity of flooding in the adjoining areas
h. Develop starting collection system flow line elevations and tailwater elevations
i. Compile top of pavement and curb elevations and determine inlet sizes and storm sewer
pipe sizes
j. Prepare and submit for review and comment 30%plans and proposed specifications
2.0 Design Phase Services
1. Incorporate review comments and revisions into preparation of 60%and eventually 90%plans
and Spec's including, but not limited to:
a. Calculate hydraulic grade lines within the system for the 3 year event(33%)and design
for the 100 yr(1%)event with overland flow
b. Prepare trunk and branch line system plan and profiles for pipe and associated ditches
c. Identify utility conflicts with private and other public utilities, submit plans to all affected
entities and organize and chair a Utility Relocation Conference to coordinate relocation
schedule and efforts
d. Identify,plan for and incorporate revisions and upgrades to existing infrastructure
associated with and made necessary or in conjunction with drainage objectives and work.
Coordinate the work of this project with that of adjacent present and future projects
e. Complete designs incorporating City's review comments at 60%and 90% including
update of construction cost estimate
f. Submit plans to Private Utilities and Drainage Districts for signatures
g. Develop engineer's construction cost estimate for each item of work including plan
quantities
h. Prepare bid sheet identifying each item and its planned quantity and include supplemental
work items
3.0 Bid Phase Services
1. Assist City with bidding the Project.
a. Provide description of work for"Invitation to Bidders"document and advertisement to the
Project Manager.City will arrange for advertising.
b. Reproduce entire Bid Documents in PDF format for upload to City's E-Bid system.and
provide(2)two sets to the City [PM(1),Purchasing(1)]
c. Prepare agenda and Chair pre-bid meeting in conjunction with City's PM
d. Respond in writing to questions from bidders providing text for addenda to be published
via the E-Bid system.
e. Create Bid Proposal on Excel Spread Sheet format compatible with E-Bid system
f. Attendance at the Bid Opening is optional unless specifically requested by PM
g. Prepare Engineer's Recommendation of Award Letter that includes the following required
content:
i. Check for unbalanced bid amounts or other irregularities
ii. Insert Engineer's cost estimate in Bid Tab for comparison
iii. Review of contractor's financial standing and check references
iv. Provide an explanation of discrepancies between the Engineer's estimate and bids
v. Provide signed Recommendation to Award letter for inclusion in the Council action
recommendation
2. Attend City Council meeting for award of Contract for Construction.
3. Produce and transmit to the selected contractor five(5)sets of Contract Documents(Plans and
Project Manual)under cover letter of City's Notice of Intent to Award(NOI)ready for execution
4.0 Construction Phase Services
1. Construction Administration
a. Attend pre-construction meeting to provide information&answer questions
Page 2 of 5
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HUITT ZOLIARS
HOUSTON
HOURLY RATE SHEET
Engineering/Architecture Survey
Principal-In-Charge $ 210.00 Survey Manager $ 155.00
Sr. Project Manager $ 180.00 Sr. Project Surveyor $ 130.00
Project Manager $ 165.00 Project Surveyor $ 120.00
QA/QC Manager $ 180.00 Surveyor Intern $ 100.00
Sr. Civil Engineer $ 175.00 Survey Technician $ 90.00
Sr. Structural Engineer $ 170.00
Sr. Mechanical Engineer $ 175.00 Survey Crews
Sr. Electrical Engineer $ 175.00 1-Person Survey Crew $ 78.00
Civil Engineer $ 165.00 2-Person Survey Crew $ 125.00
Structural EiNineer $ 160.00 3-Person Survey Crew $ 175.00
Mechanical Engineer $ 155.00 1-Person Survey Crew-GPS $ 130.00
Electrical Engineer $ 155.00 2-Person Survey Crew-GPS $ 180.00
Plumbing Engineer $ 135.00 3-Person Survey Crew-GPS $ 220.00
EIT $ 110.00
Sr. Architect $ 155.00
Architect $ 145.00 Construction
Architect Intern $ 100.00 Construction Manager $ 160.00
Sr. Landscape Architect $ 140.00 Resident Engineer $ 160.00
Landscape Architect $ 90.00 Resident Project Representative . $ 90.00
Landscape Architect Intern $ 80.00 Sr. Project Representative $ 110.00
Sr. Planner $ 170.00
Planner $ 150.00 Administrative
Planner Intern $ 110.00 Sr. Project Support $ 85.00
Sr. Environmental Scientist $ 160.00 Project Support $ 70.00
Environmental Scientist $ 110.00
Sr. Designer $ 120.00 Reimbursable Expenses
Designer $ 110.00 Consultants Cost + 10%
Sr. CADD Technician $ 118.00 Other Direct Costs Cost + 10%
CADD Technician $ 90.00 Mileage Standard Business Mileage Rate
construction work or work-persons, nor direct, control, coordinate, or supervise construction. The
construction observation services will be sufficient to enable Engineer to furnish Certificates of
Completion required by Client.
Engineer will provide copies of the weekly written reports to Client summarizing progress of the work
and describing the method and manner in which the construction work was performed.
Upon completion,Engineer will provide Certificates of Completion when requested by Client.
Excluded Services
The following services are not included in this proposal:
1.0 Phasing of the project into two or more smaller construction packages.
2.0 Assistance to the Client as an expert witness in any litigation with third parties arising from the
development or construction of the Project, including preparation of engineering data and reports.
3.0 Special investigations involving detailed consideration of operation, maintenance, and overhead
expenses; preparation of rate schedules; hearings and expense statements; special feasibility studies;
appraisals; evaluations; and material audits or inventories required for certification of force account
construction performed by the Client.
4.0 Preparation of environmental statements and assistance to Client in preparing for and attending public
hearings.
COMPENSATION:
1.0 The estimated budgets for the scope of services follow:
Preliminary Design Phase Services $ 15,000.00 Lump Sum
Design Phase Services $ 19,000.00 Lump Sum
Bid Phase Services $ 3,600.00 Lump Sum
Construction Phase Services $ 5,000.00 Lump Sum
Survey $ 7,500.00 Lump Sum
Construction Control Staking $ 1,500.00 Hourly
Project Representation During Construction $ 8,000.00 Hourly
Total $59,600.00
2.0 In addition, a reimbursable expenses amount is proposed to cover printing, deliveries, advertisement
and copies of documents requested by the Client. This amount is estimated to be$2,000.00.
3.0 Total estimated project budget is $61,600.00.
4.0 Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of work
completed. Hourly tasks shall be compensated based upon the number of hours of direct work on the
project at the hourly rates for each discipline in the attached Hourly Rate Sheet. Reimbursable
expenses will be billed per the attached Hourly Rate Sheet.
SCHEDULE:
The schedule for completion of the Preliminary Design Phase is estimated at fifteen (15) calendar days from
completion of surveying services. We anticipate completion of the Final Design Phase in thirty (30) calendar
days.
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