R-2014-119 2014-09-29 RESOLUTION NO. R2014-119
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a Letter
Financing Agreement with the Lower Kirby Municipal Management
District and Engineering Service Agreements with LJA Engineering, Inc.
associated with the Hooper Road Reconstruction Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Letter Financing Agreement by and between the City of
Pearland and the Lower Kirby Municipal Management District, 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. Those certain Engineering Service Agreements, by and between the
City and LJA Engineering, Inc., copies of which are attached hereto as Exhibits"B" and "C"
and made a part hereof for all purposes, are hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the Letter Financing Agreement and Engineering Service
Agreements attached hereto.
PASSED, APPROVED and ADOPTED this the 29TH day eptember, A.D., 2014.
TOM REID
MAYOR
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DARRIN M. COKER
CITY ATTORNEY
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway,Suite 2600
Houston, Texas 77027
May 5, 2014
City Manager Resolution No. R2014-119
City of Pearland,Texas Exhibit "A"
3519 Liberty Drive
Pearland,TX 77581
Re: Financing for Hooper Road Reconstruction
To Whom it may concern:
Lower Kirby Pearland Management District (the "District") and THE CITY OF
PEARLAND, TEXAS (the "CITY") entered into a Financing Agreement (the "Agreement")
dated February 6, 2014 to provide for the financing and construction of facilities to serve land
within the District. The District and the City have determined to proceed with the design and
construction of the Hooper Road Reconstruction project (the "Project) in accordance with the
Agreement. The City will make all payments related to the Project in the estimated amount of
$3,975,000.00 and as outlined in the construction cost estimate, which is attached hereto as
Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the
Agreement.
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 5th day of May,2014.
Very truly yours,
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
By: �4/
President, and of Directors
AGREED TO AND ACCEPTED this 1s+ day of Et let K , 20 lit- .
City of Pe. d, Texas
By:
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LOWER KIRBY URBAN CORE
CONSTRUCTION COST ESTIMATE
DATE: 12/11/13
DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST
BW8 to MHI South Property Line
Total Segment Length 3200 ft
Existing Segment Length 0 ft
New Segment Length 3200 ft
RD-44-22
EARTHWORK AND SITE PREPARATION ITEMS
Site Preparation (Clearing&Grubbing) AC. 3 $ 1,200.00 $ 4,000.00
Roadway Excavation CY. 4,666 $ 3.25 $ 15,000.00
PAVING ITEMS
10-inch stabilized subgrade SY. 14,222 $ 2.94 $ 42,000.00
Lime for Stabilization (8% per dry weight) TON 472 $ 135.00 $ 64,000.00
14-inch CRCP Reinforced Concrete Pavmt(37' B-B) SY. 13,156 $ 54.00 $ 710,000.00
6-inch Reinforced Concrete Curb L.F, 6,400 $ 2.50 $ 16,000.00
Sub Total $ 851,000.00
Appurtenances (5%) $ 43,000.00
Contingency (25%) $ 224,000.00
Engineering (12%) $ 134,000.00
Total Phase I Items: $ 1,252,000.00
Drainage
Type"C-2A" EA. 8 $ 3,100.00 $ 25,000.00
Manholes EA. 7 $ 3,500.00 $ 25,000.00
24-inch Leads L.F. 36 $ 50.00 $ 2,000.00
42-inch Sewer RCP L.F. 700 $ 100.00 $ 70,000.00
48-inch Sewer RCP L.F. 1,700 $ 130.00 $ 455,000.00
54-inch Sewer RCP L.F. 2,700 $ 175.00 $ 471,000.00
Sub Total $ 1,048,000.00
Appurtenances (15%) $ 157,000.00
Contingency(25%) $ 301,000.00
Engineering (12%) $ 181,000.00
Subtotal Items: $ 1,687,000.00
Water
8" PVC Pipe LF. 3,200 $ 16.00 $ 51,000.00
Fire Hydrant EA. 7 $ 2,700.00 $ 19,000.00
8"Gate Valve EA. 4 $ 700.00 $ 3,000.00
Sub Total $ 73,000.00
Appurtenances (25%) $ 18,000.00
Contingency(25%) $ 23,000.00
Engineering (12%) $ 14,000.00
Subtotal Items: $ 128,000.00
Sewer
8"SDR-26 LF. 3,100 $ 22.00 $ 68,000.00
Sanitary Sewer Manhole (0-8') EA. 8 $ 2,000.00 $ 16,000.00
Extradepth Manhole VF. 7 $ 100.00 $ 1,000.00
Trench Safety Systems LF. 3,100 $ 0.50 $ 2,000.00
resolution No. R2014-119
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY")and LJA Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Hooper Road Extension ("PROJECT"). (Project# TR1406)
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 services to serve Hooper Road
reconstruction with water, sanitary sewer, and drainage facilities . 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 I of6 DI.Revised 1/14
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 of6 DI. Revised 1/14
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 October 01, 2015.
SECTION III-CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
1. Preliminary Design: $26,744.00
2. Final Design: $53,489.00
3. Approvals: $10,698.00
4. Bidding or Negotiation (Hourly not to Exceed) $4,012.00
5. Construction Phase (Hourly not to Exceed) $8024.00
6. Project Management/Construction Management(Hourly not to Exceed)
$43,963.00
7. Design Survey $29,309.00
8. Control Staking $14,654.00
Design 3 of6 DI.Revised 1/14
9. Project Representative $51,290.00
10. Storm Water Pollution Prevention Plan $5,000.00
11. Geotechnical Study $5,300.00
12. Construction Testing Services $29,309.00
13. Reimbursable Expenses (Not to Exceed) $8,000.00
Total: $289,792.00
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 2929 Briarpark Drive, Suite 600, Houston,
Texas 77042. 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
Design 4 of 6 Dl.Revised 1/14
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 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
Design 5 of6 Dl.Revised 1/14
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.
11///. ID's—I9
C'IP"OF P 9 RLAND, TEXAS DATE
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Design 6 of 6 DI.Revised 1/14
WA Engineering, Inc. `14
2929 Bnarpark Drive Phone 713 953.5200
Suite 600 Fax 713 953 5026
Houston,Texas 77042-3703 www ljaengineenng corn
September 22, 2014 PROPOSAL
Exhibit °A"
Mr. Matt Buchanan
President
Pearland Economic Development Corporation
1200 Pearland Parkway, Suite 200
Pearland, Texas 77581
Re: Water, Sanitary Sewer, and Drainage Facilities to Serve
Hooper Road Reconstruction
From Beltway 8 to the MHI South Property Line
City of Pearland, Texas
LJA Proposal No. 14-07970
Dear Mr. Buchanan:
LJA Engineering, Inc. (LJA) is pleased to submit this proposal for the following services for the
Water, Sanitary Sewer, and Drainage Facilities to Serve Hooper Road Reconstruction in accordance
with the terms and conditions set forth in the Contract for Professional Services.
SCOPE OF SERVICES
Phase Description FEE
Basic Services for Design and Construction Administration
402 Preliminary Design ($ 1,465,442 x 7.3% x 25°ro) $ 26,744
403 Final Design ($ 1,465,442 x 7.3% x 50%) $ 53,489
410 Approvals ($ 1,465,442 x 7.3% x 10%) $ 10,698
411 Bidding or Negotiation (Hourly and Not to Exceed) $ 4,012
412 Construction Phase (Hourly and Not to Exceed) $ 8,024
430 Project Management/Construction Management
(Hourly and Not to Exceed) $ 43,963
Surveying
205 Design Survey (2.0%of Const. Cost) $ 29,309
208 Control Staking (1.0°i° of Const. Cost) $ 14,654
409 Project Representative (3.5% of Const. Cost) $ 51,290
Additional Services
413 Storm Water Pollution Prevention Plan $ 5,000
414 Geotechnical Study $ 5,300
415 Construction Testing Services (2.0% of Const. Cost) $ 29,309
Z99 Reimbursable Expenses (Estimated and Not to Exceed) $ 8,000
TOTAL $ 289,792
This fee includes an estimated amount of $8,000.00 for the reimbursable expenses. This budget will
be used for the actual expenses incurred on the project including bid advertisement, printing,
mileage, etc. This proposal does not include Platting, Landscape, or Right-of-Way/Easement
acquisition services.
O:\PROPOSAL\20141Pearland Economic Development Company\14-07970 Hooper Road WSD pro.doc
Mr. Matt Buchanan
September 22, 2014
Page 2 of 2
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If you should have any questions or require additional information, please do not hesitate to
contact me at 713.953.5096.
Sincerely, c) (2_
James D. Ross, PE
Vice President
JDR/ew
O:\PROPOSAL12014\Pearland Economic Development Company\14-07970 Hooper Road WSD pro.doc
resolution No. R2014-119
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and LJA Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Hooper Road Extension ("PROJECT"). (Project#TR1406)
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 services for paving and
appurtenances to Hooper Road extension. 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 Dl.Revised l/14
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:
(I) 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 of6 D1.Revised 1/14
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 October 01, 2015.
SECTION III - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
1. Preliminary Design: $20,912.00
2. Final Design: $41,824.00
3. Approvals: $8,365.00
4. Bidding or Negotiation (Hourly not to Exceed) $3,137.00
5. Construction Phase (Hourly not to Exceed) $6,274.00
6. Project Management/Construction Management (Hourly not to Exceed)
$36,055.00
7. Metes & Bounds Descriptions (Hourly if Required) $5,000.00
8. Design Survey $28,844.00
Design 3 of6 D1. Revised 1/14
9. Control Staking $14,422.00
10. Project Representative $36,055.00
11. Wetland Delineation $5,450.00
12. Threatened and Endangered Species Survey $1,350.00
13. Archeological, Cultural, and Historical Records Review $1,550.00
14. Limited Phase 1 Site Assessment $3,700.00
15. ASACE National Permit(If Required) $16,850.00
16. Strom Water Pollution Prevention Plan $5,000.00
17. Geotechnical Study $5,300.00
18. Construction Testing Services $28,844.00
19. Reimbursable Expense $8,000.00
Total: $276,932.00
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 4 of6 DI.Revised 1/14
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 2929 Briarpark Drive, Suite 600, Houston,
Texas 77042. 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 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.
Design 5 of6 Dl.Revised 1/14
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.
CIT T'OF'/ RLAND, TEXAS DATE
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CO LTANpT DATE
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LTA • eA/I4 „Inc
Design 6 of6 Dl.Revised 1/14
LJA Engineering, Inc. 114
2929 Bnarpark Drive Phone 713 953 5200
Suite 600 Fax 713 953 5026
Houston,Texas 77042-3703 www liaengineenng.corn
September 22, 2014 PROPOSAL
Exhibit "A"
Mr. Matt Buchanan
President
Pearland Economic Development Corporation
1200 Pearland Parkway, Suite 200
Pearland, Texas 77581
Re: Paving and Appurtenances to Serve
Hooper Road Reconstruction
From Beltway 8 to the MHI South Property Line
City of Pearland, Texas
LJA Proposal No. 14-07971
Dear Mr. Buchanan:
LJA Engineering, Inc. (LJA) is pleased to submit this proposal for the following services for the
Paving and Appurtenances to Serve Hooper Road Reconstruction in accordance with the terms and
conditions set forth in the Contract for Professional Services.
SCOPE OF SERVICES
Phase Description FEE
Basic Services for Design and Construction Administration
402 Preliminary Design ($ 1,442,210 x 5.8% x 25%) $ 20,912
403 Final Design ($ 1,442,210 x 5.8% x 50%) $ 41,824
410 Approvals ($ 1,442,210 x 5.8% x 10%) $ 8,365
411 Bidding or Negotiation (Hourly and Not to Exceed) $ 3,137
412 Construction Phase (Hourly and Not to Exceed) $ 6,274
430 Project Management/Construction Management
(Hourly and Not to Exceed) $ 36,055
Surveying
201 Metes & Bounds Descriptions (Estimated, Hourly and If Required) $ 5,000
205 Design Survey (2.0% of Const. Cost) $ 28,844
208 Control Staking (1.0%of Const. Cost) $ 14,422
409 Project Representative (2.5%of Const. Cost) $ 36.055
Environmental Services
416 Wetland Delineation $ 5,450
417 Threatened and Endangered Species Survey $ 1,350
418 Archeological, Cultural, and Historical Records Review $ 1,550
419 Limited Phase 1 Site Assessment $ 3.700
420 USACE Nationwide Permit (If Required) $ 16,850
O:\PROPOSAL12014\Pearland Economic Development Company\14-07971 Hooper Road Pay pro.doc
Mr. Matt Buchanan
September 22, 2014
Page 2 of 2
Additional Services
413 Storm Water Pollution Prevention Plan $ 5,000
414 Geotechnical Study $ 5,300
415 Construction Testing Services (2.0% of Const. Cost) $ 28,844
Z99 Reimbursable Expenses (Estimated and Not to Exceed) $ 8,000
TOTAL $ 276,932
This fee includes an estimated amount of $8,000.00 for the reimbursable expenses. This budget will
be used for the actual expenses incurred on the project including bid advertisement, printing,
mileage, etc. This proposal does not include Platting, Landscaping, or Right-of-Way/Easement
acquisition services.
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If you should have any questions or require additional information, please do not hesitate to
contact me at 713.953.5096.
Sincerely,
James D. Ross, PE
Vice President
JDR/ew
O:\PROPOSAL\2014\Pearland Economic Development Company\14-07971 Hooper Road Pay pro.doc