R-2014-137 2014-11-10RESOLUTION NO. R2014-137
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the Pearland Economic Development Corporation to enter
into a contract for professional services, associated with the 288
Corridor Master Improvements Plan, with Clark Condon Associates in
the estimated amount of $250,000.
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.
PASSED. APPROVED and ADOPTED this the 10thday of November, A.D., 2014.
ATTEST:
APPROVED AS TO FORM:
i
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2014-137
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the Pearland Economic
Development Corporation ("PEDC") and Clark Condon and Associates ("CONSULTANT").
The PEDC engages the CONSULTANT to perform professional services for a project known
and described as SH 288 Engineering Construction Document Support.
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to PEDC 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 perform work for original CADD
modifications/additions to the 90% civil drawings for the managed toll lanes and
provide other engineering document support as necessary for the construction of
landscape improvements on SH 288 right-of-way. See Exhibit A, attached, for
detailed a 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 PEDC (through its City of Pearland
employee handbook) considers the following to be misconduct that is grounds for
termination of a PEDC or 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 PEDC. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a PEDC
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 PEDC 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 PEDC 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
PEDC upon request, shall become subject to the Open Records Laws of this State.
Design 1 of 6 DI . Revised 2/10
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non -owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the PEDC 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 PEDC 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 PEDC and only after the PEDC has been provided with written notice of such
Change in Coverage, such notice to be sent to the PEDC either by hand delivery
to the PEDC President or by certified mail, return receipt requested, and received
by the PEDC 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 PEDC 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 D1. Revised 2/10
G. The CONSULTANT shall indemnify and hold the PEDC, 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 PEDC.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon successful completion of
approved deliverables as outlined on the attached SCOPE OF WORK and PROJECT schedule.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is monthly based on the portion of
the total estimated fee. Total compensation for the services performed shall be
the sum of $45,500 and include reimbursable expenses at cost plus 10%.
B. The PEDC shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
C. The PEDC 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 PEDC'S RESPONSIBILITIES
A. The PEDC shall designate a project manager during the term of this CONTRACT
who may be a staff member of the City of Pearland. 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 PEDC on any aspect of the work shall be directed to the project
manager.
B. The PEDC shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
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3 of 6 Dl . Revised 2/10
delay in the progress of the CONSULTANT'S work. The PEDC will keep the
CONSULTANT advised concerning the progress of the PEDC'S review of the
work. The CONSULTANT agrees that the PEDC'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 PEDC.
SECTION V - TERMINATION
A. The PEDC, 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 10401 Stella Link Road, Houston, Texas 77025.
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 PEDC 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 PEDC on or before the 15`h 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 PEDC shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the PEDC 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 PEDC shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
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4 of 6 D1. Revised 2/10
F. If the PEDC terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the PEDC 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 PEDC 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 PEDC 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 PEDC 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 2/IO
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/' day of/2&84, 2014.
PEARLAND ECONOMIC
DEVELOPMENT CORPORATION
CONSULTANT
C to k Condon n to cS, (✓�c
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6 of 6 DI. Revised 2/10
Exhibit A
October 1, 2014
Matt Buchanan
Pearland EDC
1200 Pearland Parkway #200
Pearland, TX 77581
RE: 288 Engineering Construction Document Support
Dear Matt:
CLARK CONDON
ASSOCIATES
LANDSCAPE ARCHITECTURE
We are pleased to make this proposal for landscape architectural design associated with the 288
Engineering Construction Document Support For the purposes of this proposal, you will be referred to as
the Client and Clark Condon Associates, Inc. as the Landscape Architect.
SCOPE OF WORK — The Landscape Architect will review the 60%/90% HDR engineering documents for
the Pearland 288 Improvements. The specific tasks included are as follows:
1. Following the review, we will mark up the documents to identify opportunities to add the
'aesthetic' layer based on the 288 Landscape Master Plan prepared by the Landscape Architect.
The probable areas for modification include the following which will be discussed with Client:
a. Detention pond grading for both dry and wet ponds
b. MSE walls
c. Hardscape/flatwork/pavers
d. Enhanced lighting at underpasses
e. Grading
f. Pear sculpture locations
2. Following review of plans and discussion with Client, the Landscape Architect will develop a
series of CADD drawings illustrating the modifications/additions to be incorporated into HDR
plans.
3. Meet with Client, HDR, and county engineer to review the requested modifications adjust as
necessary following meeting.
4. Submit modified CADD plans to HDR for incorporation into bid set.
5. Review engineers bid set and comment as necessary.
6. Landscape Architect will be available for questions and meeting attendance during the bidding
and construction phases. Maximum of 10 meeting or site visits.
7. Landscape Architect will not be responsible for signing or sealing any of the documents.
SCHEDULE — The drawing portion of this scope will be completed in a six to eight week time frame.
FEE - The total fee for this project is a lump sum based upon estimated hours for professional services as
outlined below, plus reimbursable expenses
Drawing Modifications/Coordination $25,000.00
Construction Administration Phase
(billed hourly if needed) $20,500.00
TOTAL $45,500.00
10401 Stella Link Rood Houston, Texas 77025
TEL 713.871.1414 FAX 713.871.0888
www,ctorkcondon.com
MEP Allowance $9,500.00
We consider Additional Services to include changes made after a phase of work has been accepted and
we have been authorized by the Client to proceed to the next phase.
REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of out of town
travel expenses, mileage, printing, and other directly related costs. All expenses will be billed at cost plus
10%.
EXTRA SERVICES - Additional services, if requested by the Client, will be considered as extra services
and be billed hourly at the rates listed below.
Principal/Owner $350.00/hour
Principal $225.00/hour
Senior Associate $150.00/hour
Project Manager $125.00/hour
Assistant Project Manager $100.00/hour
Project Staff $90.00/hour
Administrative $75.00/hour
BILLING - Billing shall be monthly based on the portion of the total estimated fee. Invoices shall be due
upon receipt. Clark Condon Associates, Inc. reserves the right to charge the amount of interest allowable
under the current laws of the State of Texas on any invoices not paid within thirty (30) days.
JURISDICTION — The Texas Board of Architectural Examiners has jurisdiction over complaints regarding
the professional practices of persons registered as landscape architects in Texas. The Board may be
reached at the following address:
Texas Board of Architectural Examiners
P.O. Box 12337 Austin, TX 78711-2337
(512) 305-9000 — Phone / (512) 305-8900 Fax
TERMINATION - If the Client should decide to terminate this Agreement, he shall give Clark Condon
Associates, Inc. seven (7) days written notice and shall pay for all services rendered to the date of
termination. Clark Condon Associates, Inc. reserves the right to terminate this contract upon fifteen (15)
days notice if any amount billed to client is sixty days past due.
If this Agreement meets with your approval, please sign in the appropriate place below and return one
copy to us. I appreciate the opportunity to submit this proposal to you and look forward to working with
you.
Sincerely,
Sheila Condon FASLA
President / Landscape Architect
APPROVED DATE
2