R-2014-114 2014-10-13 RESOLUTION NO. R2014-114
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a contract for
engineering services with Huitt-Zollars, in the amount of$98,900.00 for
the Public Works Orange Street Service Center Renovation Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That engineering contract, 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
Public Works Orange Street Service Center Renovation Project.
PASSED, APPROVED and ADOPTED this the 13th day of October, A.D., 2014.
,
TOM REID
MAYOR
ATTEST:
IYo NG LO Fl , TR - /\
SEC:7 TARY '
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-114
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution 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 Renovation of the Public Works Service Center("PROJECT"). (Project#FA1404)
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 professional architectural and engineering
services for Renovation of the Public Works Service Center project. 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 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.
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 DI.Revised 1/14
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 60 calendar days from receipt of
notice to proceed.
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. Programming (Lump Sum) $25,800.00
2. Schematic Phase (Lump Sum): $73,100.00
3. Total: $98,900.00
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 3 of5 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 1500South Dairy Ashford, Suite 200, 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.
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 4 of 5 DI.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.
I0. I3. 1Y
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CONSULT AT
Design 5 of5 DI. Revised 1/1d
SCHEDULE:
We anticipate completion of the basic services scope of work within sixty(60)calendar days from receipt of
notice to proceed.
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please return a City Agreement for our
signature. We will commence the above services as soon as we receive your written authorization. If you
have any questions,please call. Thank you.
Sincerely,
HUITT-ZOLLARS,INC.
,Qbata52--
Gregory R.Wine,P.E.,LEED AP
Senior Vice President
Attachments: Hourly Rate Sheet
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HUM -ZOLLARS
HUITT•ZOUARS,INC. i 1500 South Dairy Ashford i Suite 200 s Houston.TX 77077-3858 i 281.496.0066 phone i 281.496.0220 fax a hultt-zoliars.com
August 28,2014
Mr. Skipper Jones
Manager,Capital Projects
City of Pearland
3719 Liberty Street
Pearland,Texas 78487
Attention: Ms. Susan Johnson
Project Coordinator
Reference: Renovation of the Public Works Service Center on Orange Street in Pearland,Texas
Dear Mr.Jones:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this proposal for professional
architectural and engineering services to the City of Pearland(City) for the renovation of the Public Works
Service Center located on Orange Street in Pearland,Texas(Project). Our proposal is based upon the scope
of services,compensation,schedule and terms and conditions in the City's standard engineering agreement.
Project Understanding
The City plans to relocate Capital Projects and Engineering staff to the Public Works Service Center on
Orange Street. Consequently, the existing Public Works Administration Building less the Fire Station will
need interior renovation and potentially an exterior elevator/lift to accommodate this relocation.
Reference the Fleet Maintenance Facility,bulk lubrication,air compressors and parts storage are needed.
The project work also includes renovation of the Parks Building and the EMS Building.
In order to accommodate the increased parking requirements on and near the site, potential parking areas
adjacent to the site (outside the fenced area) need to be evaluated. In addition, the existing site will be
reconfigured to accommodate city and employee vehicle parking. Visitor parking will be provided along
Orange Street.
SCOPE OF SERVICES:
1.0 Basic Services:
1.1 Programming Phase
A. Conduct a site visit and confirm the existing facilities conditions and uses. Prepare measured
drawings of facilities for which no drawings exist.
B. Prepare a programming questionnaire and review responses to questionnaire by selected City
staff.
C. Conduct a programming charrette with selected City staff to review questionnaire responses and
to obtain additional information and decisions that will impact the design. The purpose of the
charrette is to:
1) Obtain input on the overall design concepts for the Project
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2) Identify and maximize useable space in buildings
3) Review the projected needs of the City to include current and projected staffing plans
4) Review requirements for offices, plants, shops, storage, other maintenance functions and
facility maintenance requirements that may affect material selection, plumbing, electrical,
heating,ventilation,and air conditioning
5) Review administrative activities and requirements
6) Review public access
7) Review fueling requirements
8) Review communications and IT requirements
9) Review site and building security requirements
10) Review relationships and required adjacencies between functional areas
11) Identify space requirements for administrative, field and operations functions in the project
including:
a. Requirements for offices, staff and crew areas along with quantity, size, and type of
spaces
b. Review building systems,finishes,materials and FF&E
12) Identify parking requirements for City vehicles,employees,visitors,and delivery vehicles
13) Evaluate potential parking areas adjacent to the project site
14) Develop conceptual project phasing plans and proposed budgets
15) Prepare a programming document for submittal to the City.
1.2 Schematic Phase(30%Plans)
A. Huitt-Zollars shall prepare Schematic Phase Plans to include:
1) Site Plan depicting circulation and traffic patterns,buildings,storage and parking areas,etc.
2) Floor Plans
3) Detailed Probable Construction Cost
B. Submit five (5) hard copy half size plan sets and upload plans through Protrak online for review
by the City.
C. Upon completion of City review, Huitt-Zollars responds in Protrak and meets with City, if
necessary,to finalize Schematic Phase Plans.
1.3 Design Development Phase(Not included. To be determined.)
1.4 Bidding Phase(Not included.To be determined.)
1.5 Construction Phase Services(Not included. To be determined.)
2.0 Additional Services:
Because the effort required for some items of work varies considerably from project to project,and because
some items of work are sometimes provided separately by the City, these items of work are not included in
the basic services fees and are charged separately. Additional Services, mutually agreed upon and
authorized separately by the City in writing, shall be completed on a lump sum or an hourly basis in
accordance with the attached Hourly Rate Sheet. Such additional services may include:
A. Design Development(Final Design),Bidding and Construction Phase Services.
B. Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written approvals or instructions previously given, are required by enactment or
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revision of codes,laws or regulations subsequent to the preparation of such documents or are due
to other causes not solely within the control of Huitt-Zollars
C. Providing services made necessary by the default of the Construction Contractor, or by major
defects of deficiencies in the Work of the Construction Contractor, or by failure of performance
of Construction Contractor under the Contract for Construction
D. Fees associated with Agency Reviews, Plats, Recordation, Tax Certificates, Title Commitments,
Private Utility Information,Permitting and/or Inspections
E. Any other service not otherwise included in the Basic Services
3.0 Excluded Services:
Huitt-Zollars, Inc. shall not be required to furnish any legal or accounting advice or service. Test pits,
material and equipment operating tests and other special consulting services including,but not limited to,
asbestos, hazardous and toxic materials management are not included in our proposal. A commercial
materials testing laboratory will be engaged by the City during construction for materials testing services
and will invoice the City directly for its services.
4.0 City Provided Services:
City shall provide Huitt-Zollars with the following:
A. Access to the Project
B. Available Drawings and Reports
COMPENSATION:
1.0 Basic Services
Our estimated fee for the Basic Services is as follows:
Programming $ 25,800.00 (lump sum)
Schematic Phase $ 73,100.00 (lump sum)
Design Development Phase Not included
Bidding Not included
Construction Services Not included
Total Basic Services Fee $ 98,900.00
2.0 Additional Services
Additional Services, mutually agreed upon and authorized separately by the City in writing, shall be
completed on a lump sum basis or an hourly basis per the attached Hourly Rate Sheet.
3.0 Invoicing
Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of work
completed. Hourly tasks shall be invoiced based on number of hours worked per the attached Hourly
Rate Sheet.
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