R-2015-010 2015-02-09RESOLUTION NO. R2015-10
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract for engineering services with Brown and Gay
Engineers, in the amount of $215,237.00 for updates to the Hughes
Ranch Road design plans between Smith Ranch Road and Cullen
Parkway.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services to updates the Hughes
Ranch Road design plans, 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 for updates to the
Hughes Ranch Road design plans.
PASSED. APPROVED and ADOPTED this the 9th day of February, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
Gf
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-10
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Brown & Gay Engineers, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Hughes Ranch Road (CR 403) Design Update ("PROJECT"). (Project # TR1201)
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 the development of
design plans for Hughes Ranch Road (CR 403). 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 D 1. 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 of 6 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 August 1, 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. Basic Services (Hourly Not to Exceed) $213,930.00
2. Reimbursable Expenses (Not to Exceed) $1,307.00
3. Total: $215,237.00
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
Design 3 of6 DI. Revised 1/14
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 10777 Westheimer,Suite 400, 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.
Design 4 of 6 DI. Revised 1/14
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
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.
Design 5 of 6 DI. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
CITY OF PEA
Clay J. P
an Iger
CON ULTA T
February 9, 2015
DATE
DATE
Design 6 of 6 DI. Revised 1/14
Hughes Ranch Rd.
From CR 94 to Cullen Road (FM 865)
Services to be Provided by the Engineer
Services to be Provided by the Engineer
City of Pearland
The work to be performed by the Engineer under this contract consists of providing engineering
services for the development of design plans for County Road 403 (Hughes Ranch Rd.). This
project consists of the reconstruction of 2.2 miles of 2 -lane asphalt roadway to a 4 -lane curb and
gutter, boulevard facility from CR 94 to Cullen Road (FM 865) in Brazoria County, Texas.
These services relate to the revisions to the previously prepared plans, specifications and
estimates package to reflect changes to the roadway typical section, sidewalk widths, and
updates to the right-of-way documentation. Fees for services are proposed as "hourly, not to
exceed."
FIELD SURVEYING AND PHOTOGRAMMETRY
1. Field Surveys — Perform field surveys necessary to update topographic files with any
improvements made in the corridor that are not currently reflected in the topographic
files. This includes locating sanitary and water lines and all related appurtenances within
the project ROW.
ROADWAY DESIGN
1. Roadway Geometry — Update roadway plan view geometry file to reflect reduced
roadway width and wider sidewalk widths as directed by the City of Pearland. Update
roadway geometry to reflect SH 288 managed lane construction at the CR 94 intersection.
Add information on utilities crossing Hughes Ranch Rd. to the roadway plan and profile
views.
2. Typical Sections — Update typical sections to reflect changes to roadway geometry as
described above.
3. Roadway Plan and Profile — Update roadway plan and profile sheets to reflect changes
to roadway geometry as described above.
4. Intersection Layouts - Update intersection layout sheets to reflect changes to roadway
geometry as described above.
5. Miscellaneous Details — Update the driveway and sidewalk details to reflect changes to
roadway geometry as described above.
6. Roadway Cross Sections — Update design cross sections to reflect changes to roadway
geometry as described above.
DRAINAGE DESIGN
1. Hydraulic Calculations — Revise storm sewer, roadside ditch, detention pond and
driveway culvert hydraulic analyses as necessary to reflect the changes described in
"Roadway Design," Item 1 and for any changes to the existing conditions.
2. Storm Sewer Plan and Profile Sheets — Update drainage plan and profile sheets with
any changes in drainage facilities to reflect the changes described in "Roadway Design,"
Item 1. Add information on utilities crossing Hughes Ranch Rd. to the roadway plan and
profile views. Revise drainage structure callouts and design to reflect City of Pearland
details and preferences.
Sheet 1 of 3
Hughes Ranch Rd. City of Pearland
From CR 94 to Cullen Road (FM 865)
Services to be Provided by the Engineer
3. Lateral Layouts and Profiles — Update lateral layouts and profile sheets with any
changes in drainage facilities to reflect the changes described in "Roadway Design,"
Item 1.
4. Detention Layouts — Update detention layout sheets with any changes in drainage
facilities to reflect the changes described in "Roadway Design," Item 1.
5. Drainage Details — Update junction box details and miscellaneous drainage details with
any changes in drainage facilities to reflect the changes described in "Roadway Design,"
Item 1
6. Storm Water Pollution Prevention Plan — Update SW3P sheets with any changes in
drainage facilities to reflect the changes described in "Roadway Design," Item 1.
7. Drainage Report — Update drainage report with any changes in drainage facilities to
reflect the changes described in "Roadway Design," Item 1. Update drainage report for
new outfall conditions on Brookney St. Update drainage analysis with any changes to
drainage design criteria and existing conditions since the last issuance of the report.
SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION
1. Traffic Signal Layouts — Update the traffic signal design and layouts to reflect the
changes described in "Roadway Design," Item 1 and any changes due to City of Pearland
traffic signal design preferences.
2. Signing and Pavement Marking Layouts — Update the signing and pavement marking
layouts to reflect the changes described in "Roadway Design," Item 1.
MISCELLANEOUS ROADWAY
1. Traffic Control Plan — Update the Hughes Ranch Road and cross street traffic control
plan layouts to reflect the changes described in "Roadway Design," Item 1 and changes
due to construction associated with the SH 288 managed lane project.
2. Utility Layouts — Update the utility layouts to reflect the changes described in "Roadway
Design," Item 1 and any new information on the location of existing utilities as provided
by the City of Pearland and design surveys.
3. Quantities and Construction Cost Estimates — Update quantities, summary of quantity
sheets, and construction cost estimates to reflect the changes described in "Roadway
Design," Item 1 and to reflect City of Pearland specifications
4. Specifications and Standard Drawings — Revise specifications and standard drawings
to reflect City of Pearland specifications and details and any updates to applicable
standards since the last issuance of the plans. If an applicable City of Pearland standard
detail does not exist, the Engineer shall create, modify and seal the TxDOT standard
drawing as needed. Revise all references to TxDOT specifications, standards and bid
items to City of Pearland specifications, details and bid items on all plan sheets. Include
TxDOT specifications for items that do not have a City of Pearland specification
associated with them.
5. Illumination Layouts — Prepare illumination layouts including conduit, pull boxes and
light pole locations. Coordinate with Centerpoint for review of locations of light poles
Sheet 2 of 3
Hughes Ranch Rd. City of Pearland
From CR 94 to Cullen Road (FM 865)
Services to be Provided by the Engineer
and pull boxes. Centerpoint wil be responsible for the installation of the light poles.
6. Project Manual — Prepare a project manual sufficient for bidding. This manual shall
comply with TxDOT Local Government Project Procedures.
AGENCY COORDINATION
1. Utility Coordination — Coordinate with utility owners identified in the project corridor.
Attend and document two (2) coordination and review meetings with utility owners.
Update information on existing utilities from utility owners and prepare a list
documenting all utility conflicts and relocation statuses.
2. TxDOT Coordination — Attend and document three (3) coordination and review
meetings with TxDOT.
Sheet 3 of 3
City Of Pearland
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Roadway Design SUBTOTAL
Roadway Design LABOR
Hydraulic Computations
Storm Sewer Plan & Profiles
Lateral Layouts
Storm Sewer Lateral Profiles
Detention Layouts
Junction Box Details
Miscellaneous Drainage Details
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Drainage Design SUBTOTAL
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City Of Pearland
TOTALS
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