R2005-0059 03-28-05 RESOLUTION NO. R2005-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH BRIDGEFARMER
AND ASSOCIATES FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT
(SEGMENT 2).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Bridgefarmer and Associates, a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
and
engineering design services associated with the Magnolia Road Expansion Project.
28th dayof Mar'ch
Section 2. That the City Manager or his designee is hereby authorized to execute
the City Secretary to attest a contract with Bridgefarmer and Associates, for
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
I~ARRIN M. COKER
CITY ATTORNEY
PASSED, APPROVED and ADOPTED this the ~
A.D., 2O05.
';,,'¥;? ' ,o 'CITY OF PEARLAND
~r, ~_. , (1~
;- ~ ~_ ~,~ ~ ' STANDARD AGREEMENT
)~r ~ FOR ENGINEERING SERVICES
This Contract (Contract) is made be~een the
(hereinafter"City"), and Bridgefarmer & Associates, Inc.
follows:
1. Summary of Contract Terms.
shall be a part of this Contract:
Exhibit "A"
Resolution No. 2005-59
City of Pearland, Texas
(hereinafter "Engineer") as
The following information and referenced documents
Description of Project: Provide Engineering Design services associated with the
Magnolia Street Expansion project.
EngineedSubconsultant(s) Fee Basis of Compensation
Bridgefarmer & Associates, $337,236.00 Lump Sum
Inc.
Maximum Contract Amount $337,236.00 Lump Sum
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Attachments: Scope of Services - Exhibit A
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditUres and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be. exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent',)
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
2
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one-half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work Performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the SerVices under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer 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 Engineer, its agents,
emplOyees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insu~'ance 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.
B. The Engineer 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, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXEcuTED and EFFECTIVE as of the .~ O~day of
,2005 .
CITY OF PEARLAND
By: - ~
Printed Name: Bi11 Eisen
Title: ¢i 1;y Manager'
ENGINEER
Printed Name:
STATE OF TEXAS §
~ . §
COUNTY OF ~/,,r.. -z.o,-'t,~ §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
'"~//? ~/-,~,~,,~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND
"~)'~ ," ~-,/,- , A.D., 20 ~,-,~.
SEAL OF OFFICE THIS ~O DAY OF
AND FOR THE
STATE OF TEXAS
Printed Name: ~r/<--
My Commission Expires: ~r; / oh~ 21_oo ~
STATE OF TEXAS §
A~
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//~./¢,~,~/EFORE Mi= the undersigned Notary Public. on this day personally appeared
,~',~,O/" .,/~?¢~,~ . known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
/) GIVEN UNDER MY HAND AND
/-~.~/./ , A.D., 20
.,,',';'~,~ :,,, SHERIEE L. HARDIN
~,"..' ·
~+.' '.~': Notary Public, State of Texas
=. ~ My Commission Expires
',;; ~o~ ~,, Oclober ] ], 2006
N~TARY POBLI'C IN ~ND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
OF
SCOPE OF ENGINEERING SERVICES
TO PREPARE CONSTRUCTION PLANS TO
RECONSTRUCT MAGNOLIA ROAD FROM VETERANS DRIVE TO SH 35 AND
CONSTRUCT A NEW 4-LANE OVERPASS ACROSS THE BNSFRR TRACKS
A. GENERAL
1. The scope of this contract is intended to descdbe the work needed for Bridgefarmer and Associates (the
Engineer) to provide the City of Peadand (the City) with a complete set of construction plans, specifications
and estimates for reconstructing Magnolia Road from immediately west of Veterans' Drive to immediately
east of SH 35, and to construct a new 4-lane overpass across the BNSF railroad tracks. The plans are
intended to meet all applicable design criteria and governmental requirements.
2. The City of Pearland (the City) has provided Bridgefarmer and Associates (the Engineer) with a partially-
completed set of plans for constructing the overpass and for reconstructing the eastern portion of the job
(from about 1,400 feet east of Veteran's Drive to the western edge of SH 35). This partially-completed plan
set is owned by the City, and has been made available to the Engineer for the purpose of incorporating any
usable elements into the plans for the new, expanded project.
3. The Engineer will meet with the City in a design concept conference before starting significant design work.
B, BASIS OF COST PROPOSAL
The attached cost proposal is based upon the Engineer's performance of the following tisting o[ services.
Elements that are required for completion of the plan set, but are not being performed by the Engineer are also
listed.
C. EVALUATION OF THE PARTIAL PLAN SET
The Engineer will evatuate the concepts and work product from this partially completed set, identify elements
where changes in design will be beneficial to the City, and identify which elements of the partially completed
plans can be re-used. The Engineer will take full professional responsibility for any ptan features that are re-
used. The Engineer will provide the City with any recommend design improvements that could optimize the
City's expenditure. At a minimum, the evaluation will address:
1. Suitability of the design criteria used on the previous plans,
2. Roadway and bridge widths,
Storrnwater detention options,
4, Pavement matcdals and design,
5. Construction phase quaiity procedures,
6. Review, evaluation and recommendations for revision to the City's specifications.
D. REQUIRED ELEMENTS NOT COMPLETED IN THE PARTIAL PLAN SET
The following elements / services are needed to adequately complete the original project or the expanded project
scope, but were not performed in the partial ptan set design. The Engineer wilt provide these services or acquire
the necessary data from other sources.
PRELIMINARY DESIGN STUDIES
1. Evaluate traffic volumes and conduct a level of service analysis for turn lanes at SH 35 and Veterans Drive.
2. Re-evaluate the roadway design cdteria used in the previous pro)act. Unless otherwise determined in
coordination with the City, the design parameters for the project will conform to AASHTO criteria for a iow-
speed urban arterial with a minimum design speed of 35 mph. The Engineer wilt confirm any changes to the
design criteria with tl3e City,
3. Adjust the unit prices on previous preliminary construction estimate to reflect most current prices and provide
a more current basis of value.
4. Using the completed environmental document, confirm that all necessary archeotogical and historical
coordination with the State Historic Preservation Officer and the Texas Historical Commission has been
performed under ~ 3 TAC 26.
22 March 2005 Page 1 of 4
5. Using the completed environmental document, secure concurrence from the Galveston District of the U.S.
Army Corps of Engineers that all requirements of Section 404 of the Clean Water Act have been met. The
area impacted is estimated at less than one acre.
GEOMETRIC DESIGN
6. The Geopak files containing geometric control data were not available. The Engineer will re-create and re-
use the current mainline horizontal alignment; will evaluate and optimize mainline vertical alignment; and will
significantly revise/re-create all other alignments and profiles. Extend the horizontal and vertical alignments
about ,1400' westward to include the Veterans Drive intersection.
7. Create new cross sections and verify adequacy of the acquired right of way; adjust design to fit right of way
unless otherwise directed by the City.
8. Evaluate the geometry and the typical sections (pavement cross slopes, lane and shoulder widths, slope
rates for fills and cuts, driveway radii, etc.) for functional adequacy in this setting. Adjust typical sections to
reflect design criteria.
9. Evaluate current design for potential problems with median opening location. Re-design as necessary.
10. Evaluate acceleration and deceleration lane lengths; re-design lengths as needed to reflect design criteria.
11. Evaluate superelevation and vertical clearances; make improvements based on any design criteria changes.
12. Design cross sections were not available. Evaluate cut and fill values based upon plan quantities.
13. Evaluate existing pavement design if traffic and soil data can be located. Assess possible alternative
designs for rigid pavement (30-year design) and flexible pavement (20-year design).
DRAINAGE
14, Evaluate existing drainage study and perform analysis needed to update drainage area maps for extension
of the project to Veterans Drive,
15, Evaluate existing drainage study and perform analysis needed to update peak stormwater discharge values
for extension of the project to Veterans Drive.
16. Evatuate existing drainage study and p~rform analysis needed to update peak detention stage-discharge
values for extension of the project to Veterans Drive.
17. Re-design drainage system features shown on the current plans, and design additional system features and
conveyances to accommodate anatyses findings and to accommodate additional inflows anticipated from the
extension of Magnolia Rd. westward.
18. Evaluate outfall to Ma .ry's Creek: coordinate with Brazoria Co. Flood Control Distdr. t #4~ DP..~ign d~.tP, ntinn
accordingly.
19. Evaluate inlet designs and manhole placements; optimize design. Re-design system.
20. Evaluate outfall trunk line and lines leading to detention facilities; reduce pipe length as much as possible.
21. Verify that Federal Emergency Management Agency (FEMA) floodways will not be adversely impacted by
extending the project to Veterans Ddve.
22. Evaluate the storm water pollution prevention plan and adjust to match the new design.
SIGNING, MARKINGS, SIGNALIZATION
23. Evaluate and update the signing and pavement markings layout to conform to design criteda changes.
24. Verify the currency of the right of way lines. Update plan sheets.
25. Verify currency of utility information. Update ptan sheets.
26. Verify the accuracy of the existing sign removal. Update plan sheets.
27. Add a small sign summary (summary has not been previously done).
28. Create a basic layout for future traffic signals at Veterans Drive. Design an interconnection conduit to
adjacent SH 35 signal.
SPECIFICATIONS, NOTES, QUANTITIES
29. Review City of Pearland specifications; provided City with evaluation.
22 March 2005 Page 2 of 4
30. Specifications were not included in existing plan se',. Prepare governing specifications and special
provisions fist.
3t. General notes were not included in existing plan set. Prepare a set of general notes compatible with the
specifications and special provisions iist,
32, Existing quantity summaries are incomplete, Calculate correct quantities and add to the ptan set.
RETAINING WALLS
33, Based upon construction cost. optimize the wall geometry with respect to the bridge length.
34. Update, adjust or replace current Mechanically Stabilized Earth wall layouts and quantities,
TRAFFIC CONTROL PLAN, DETOURS AND SEQUENCE OF CONSTRUCTION
35, Evaluate the existing 4-phase traffic control plan and sequence of construction, Optimize each to balance
overall construction costs with driver needs. Design optimized TCP details and sequence of construction;
add to the plan set.
36. Define the allowable road construction work hours and minimum allowable traffic requirements.
ILLUMINATION
37. Evaluate the existing roadway illumination plan sheets; make recommendations for staged construction and
operational characteristics.
38, Current ptans do not show complete information on existing circuits, service poles, etc. Research and
update existing facilities on plan sheets.
39. Contact electdc utility for service pole locations and voltage characteristics. Prepare connection agreements
consistent with City agreements.
40. Current plans do not show design of the proposed electrical circuits, Design circuits and layouts; specify
equipment and tabulate onto quantity sheets. Revise plan sheets,
MISCELLANEOUS
4I. Erosion control details are not included on current plane, Design these details and add to the plan set.
42. Add cross-references to the utility sheets to detail how this project will be contracted with a water-main
project atready completed by another consultant; clarify that the plans will remain separate.
43. Research utility agreements and provide details on the utility sheets concerning those agreementS,
44. Verify that the utility layouts are current. Update the sheets as needed.
45, Research and verify status of railroad agreements for drainage pipe and bridge, Complete any needed
coordination to allow construction to proceed. Check with BNSFRR, the Staubach Company and TxDOT.
Update existing railroad exhibit if needed.
46. Coordinate an at-grade pedestrian crossing of the railroad with BNSFRR, preparing any needed exhibits,
etc.
BRIDGE DESIGN
47. Evaluate bridge length with respect to the approach retaining walls to optimize construction costs, While
maintaining minimum rail clearance, investigate placing bents within railroad right of way to allow a shallower
center span.
48. Re-design bridge layouts to accommodate the changed width for the proposed 4-lane section.
49. Re-design bridge foundation plans to accommodate the changed width for the proposed 44ane section.
50, Re-design two bridge abutments to accommodate the changed width for the proposed 4-lane section.
51. Re-design six or more bridge bents to accommodate the changed width for the proposed 4-lane section.
52. Re-design three or more bridge span units to accommodate the changed width for the proposed 4-lane
section.
53. Re-design bridge detailing for rails, drains, approaches and beams to accommodate the changed width for
the proposed 4-lane section.
54. Partial plans do not contain any structural specifications; write structural specifications.
22 March 2005 Page 3 of 4
ELEMENTS THAT WILL BF_. PROVIDED BY THE CITY THROUGH SEPARATE
CONTRACTS
The following elements; services are needed to adequately compiet~ the original or expanded project scope, but
were not performed in the previous design. The City will provide these services or acquire the necessary, dat8
through separate contracts.
1. Field surveying - the following field work wili be needed for completion of design: staking the center hne;
estabi:shing a bench mark circuit; profile and cross section intersecting streets; staking right of way; survey
to determine recent changes in topography.
2. Slope stability analyses for embankment and retaining walls.
3. Embankment bearing strength analyses for embankment and retaining walls.
4. Embankment settlement analyses for embankment and retaining walls.
5. Retaining wall stability (overturning) analyses.
22 March 2005 Page 4 of 4
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DOCUMENT FILING REQUEST
RP-478
R-2005-59
Description:.
BRIDGEFARMER & ASSOCIATES
Type:
Engr. Svcs. Agmt.
Search String Parameters:
ENG. DESIGN FOR MAGNOLIA STREET EXPANSION
Requested By:
Robin Pitcock
Project Management
04/21/05
Authorized by:
Joe Wertz
Amount
$337,236.00
~iAPR 2 2
2OO5
CITY OF PEARl. AND
CITY SECRETARY'S, OFF'ICI