R2002-0046 03-25-02RESOLUTION NO. R2002-46
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 LAN
ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE
DIXIE FARM ROAD STORM SEWER INSTALLATION PROJECT.
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 LAN
Engineering, 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 with LAN Engineering. for engineering services
associated with the Dixie Farm Road Storm Sewer Installation Project.
PASSED, APPROVED and ADOPTED this the
A.D., 2002.
25 day of March
TOM REID
MAYOR
ATTEST:
(~-Y S~RETARY6/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-46
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and LAN Engineering, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Separate bid documents for excavation and storm sewer
installation on Dixie Farm Road from Beamer to Mud Gully.
Engineer/Subconsultant(s) Fee Basis of Compensation
LAN $31,980.42 Lump Sum
Maximum Contract Amount $31,980.42
* 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.
Delivery of plans, specifications and estimates: April 17, 2002
Attach ments:
Scope of Services - Exhibit A
Project Schedule - Exhibit B
Fee Schedule - Exhibit C
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.
· 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 percent (1%) 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 prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. 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 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.
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 Governing 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 25 day of March ,2002
CITY OF PEARLAND
Bill E's~~n~
City Manager
~¢¢__~~~,_.¢~S
By:
Printe~)/N~me:
Title:
STATE OF TEXAS §
COUNTY OF ~.,~ r;~__ §
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 ackr~owledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND
Of ~/'2~,,~,,.-¢.~ , A.D., 20 ~,~! .
AND SEAL OF OFFICE THIS ,~"' DAY
""-'~'~I'OTARY PUBLIC IN AND FOR THE STATE OF TEXAS
Printed Name: ~/
My Commission Expires:
STATE OF TEXAS
COUNTY OF ~Pd~t$
BEFORE ME, the undersigned Notary Public, on this day personally appeared
T'~c,t~ ~. '[-u-f-r.-. , 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
~:)~-( t , A.D.,
/
II ;{'N.~Cr' i~ My commission Expires
SEAL OF OFFICE THIS ~'+~ DAY OF
NOTARY PUBLIC IN R THE
STATE OF TEXAS
Printed Name:
My Commission Expires: 3-11-O~
EXHIBIT "A"
SERVICES TO BE PROVIDED BY THE ENGINEER
Dixie Farm Road
From Mud Gully to Beamer Road
for the City of Pearland
The services to be performed by Lockwood Andrews and Newnam, Inc. thereafter referred to as
the "Engineer" under this work authorization consists of providing engineering services required
for the preparation of Plans, Specifications and Estimates (PS&E.) The PS&E shall be prepared
in accordance with the requirements and policies of the City of Pearland, Texas there after
referred to as the "City". The proposed construction will consist of earthwork and new storm
sewer, for approximately 0.35 miles along both sides of the existing Dixie Farm Road from Mud
Gully to Beamer Road.
The Engineer will prepare construction plans consisting of grading, drainage, removal plans,
pavement markings, traffic control plans, and storm water pollution-prevention plans.
PS&E completed shall be developed in English units, suitable for City bidding and awarding for
construction.
The final PS&E plans shall be submitted on size 11" x 17" vellum, signed and sealed by a
professional engineer registered in the state of Texas. Intermediate submittals by the Engineer
will consist of one set of 11" x 17" paper set of plans.
The Engineer shall furnish equipment, materials, supplies, and incidentals required to perform
the above mentioned engineering work, except as otherwise specified in Attachment "A" which
precedes this section.
The PS&E's for the above work shall be prepared in accordance with all current and applicable
City and/or TxDOT Design Specifications, Standard Drawings and Design Manuals. Whenever
possible, City and/or TxDOT standard drawings, current special specifications and special
provisions will be used. Since, this project will be conducted in conjunction with certain TxDOT
guidelines, special provisions or special specifications are required, and they will be developed
in accordance to TxDOT approved guidelines and format.
The Engineer will be required to complete the design work in an orderly manner according to the
bar chart project schedule established in Attachment "C". The Engineer will meet with
designated City and TxDOT representatives on a regularly scheduled basis to report on the
project progress. Following each meeting with TxDOT and the City, the Engineer will submit a
memorandum summarizing the minutes of the meeting.
The Engineer shall prepare a construction contract time schedule - Attachment "C" for the PS&E
submittal.
B-1
The Engineer intends to use MicroStation to fully or partially develop the PS&E. A copy of the
MicroStation files of the PS&E drawings will be furnished to the City at project closeout.
The Engineer shall invoice on a lump sum basis according to task breakdowns and work tasks
outlined in the scope of services.
The Engineer will prepare and furnish necessary design plans, specification documents, output
files (alignments, and cross sections) to the City prior to advertisement for bids.
The engineering work on this project will be performed at Lockwood, Andrews and Newnam,
Inc., 1500 City West Boulevard, Houston, Texas 77042. The PS&E for the work outlined below
will be completed and submitted to the City within the negotiated contract time and amount,
following the notice to proceed received in writing.
The engineering work under this contract is outlined according to each task to be performed in
this contract are as follows.
I. Project Management
Provide project supervision and coordination in the development of construction
plans, bidding process and assist the City in overseeing the construction of the
proposed project.
B. Conduct production and engineering quality control and quality assurance.
Co
Provide general management and administrative functions such as preparing
correspondence and invoicing.
II. Roadway Construction Plans
mo
Develop proposed typical sections for Dixie Farm Road showing the proposed
excavation and placement of storm sewer trunkline and inlets from Mud Gully to
Beamer.
B. Prepare roadway plan and profile layout sheets with specific details for excavation
along both sides of the existing Dixie Farm Road from Mud Gully to Beamer.
Co
Prepare cross-section sheets showing exact limits of excavation, placement of storm
sewer and the finished grading restoring back to pre-construction conditions. Cross
sections details will be for every half station (50-feet) intervals.
D. Identify all the conflicts as a result of the proposed construction.
B-2
III. Drainage Design
No drainage design will be needed (the proposed drainage design has been done in a
separate contract). Additional drainage details needed this projects will only limit to
the information for the contractor to built the inlets and manholes in two separate
phases (one currently in this project and the other when the proposed roadway in
being built).
Bo
The drainage plans will re-establish drainage pattern to pre-construction conditions.
No hydraulic analysis shall be needed since the roadway and grading are matching
pre-construction conditions.
IV. Traffic Control Plans
Traffic control plans shall be prepared in accordance with the "Texas Manual on Uniform
Traffic Control Devices for Streets and Highways."
The Engineer shall determine the sequence of construction and design a traffic control
plan based upon the MUTCD that will allow all existing traffic to operate and
maintain a safe handling of traffic during construction.
TxDOT standards may be modified and used in this project to simplify and expedite
the plan preparation. The Engineer will prepare plans for all necessary advance
warning signage approaching the proposed construction area.
C. The Engineer shall meet with the City regularly to develop an approved sequence of
construction.
V. Storm Water Pollution Prevention Plans (SW3P)
A. The Engineer will prepare Storm Water Pollution Prevention Plans (SW3P), summary
of quantities, and provide the NPDES Notice of Intent.
Bo
The plan will be prepared in accordance with "Storm Water Management Handbook
for Construction Activities." The Storm Water Pollution Prevention Plan layout shall
consist of SW3P control devices to reduce pollutants in the stormwater discharge
associated with the construction site.
VI. Miscellaneous Roadway
A. Engineer will compute excavation, storm sewer, traffic control, SW3P, signing and
pavement marking quantities specific only to the proposed construction work.
B-3
VII. Agency and Utility Coordination
A. Engineer will coordinate the development of the construction plans with the
governing agencies (City, TxDOT, BRIO, Harris County, Harris County Flood
Control District) and with the utility companies.
VIII. Pavement Markings, and Delineation
A. Engineer shall reestablish signing and pavement markings to match post construction
conditions.
Bo
The locations and type of warning, regulatory and guide signs shall be placed in
accordance to the "Manual on Uniform Traffic Control Devices" (MUTCD). The
Signing and Pavement Marking Layouts shall be prepared at 1:50 scale, showing sign
location and text.
IX. Construction Documents
A. General Notes, Specifications, and Standard Drawings
Develop and prepare required general notes and special provisions,
including Special Provision "Description of Project, Scope of Contract and
Sequence of Work."
Select and include the any required City/TxDOT Standard Drawings
applicable to the project, and modify as necessary.
B. Quantities and Cost Estimates
1. Prepare list of construction bid items.
Develop basis of estimate and compute estimated cost of construction
work based on current unit price and estimated quantities.
B-4
EXHIBIT "C"
FEE SCHEDULE
(FROM MUD GULLY TO BEAMER ROAD)
City of Pearland.
Dixie Farm Road, from Mud Gully to Reamer.
Lockwood Andrews & Newnam, Inc.
Prepared 2-8-02 (Rev 3-15-02)
Direct Labor by Function Code:
Project
Project
Design
Senior
Description
Principal
Manager
Engineer
Engineer
Designer
CADD
Clerical
Total
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Earthwork and Drainage Plans (Basic Engr Serv)
I. Horizontal Baseline Data Sheet w/Proj Controls
1
2
1
4
2. Project Layout
3. Typical
1
1
1
3
Section
4. Roadway Plan & Profile
2
2
4
4
12
5. Cross-section
2
4
4
4
14
Datail Plans
4
16
24
16
60
6. Utility Detail Plans
1
4
2
7
7. Drainage Details & Quantity
1
2
4
2
9
8. Title Sheet (Modify previously used sheet)
9.
1
2
3
Index of sheets
!O. Prep
2
4
4
10
Additional TxDOT Standard Drawing
2
2
4
I I. Signing Design
12. Pavement Marking
2
4
8
2
16
Design
13. Sign
2
4
4
2
12
& Pay Marking Details and Quantity
2
4
2
8
14. Specification and contract document prep.
15. Prep
24
16
24
24
88
construction cost estimate and schedule
16
24
40
Subtotal hours
0
37
72
0
113
44
24
290
Rate
Rate
$50.00
$40.00
$35.00
$27.00
$25.50
$22.00
$I6.50
+ Overhead 180%
+
$140.00
$99.13
$86.74
$66.91
$63.20
$54.52
$40.89
(Rate Ovrhd 180%) x Fix Fee 12%
S 156.80
$ 111.03
$97.15
$74.94
$70.78
$61.07
$45.80
Total Direct Labor Cost (Basic Engr Serv)
SO
$4,108
S6,995
SO
$7,998
$2,687
$1,099
S22,887.33
Misc Engr Tasks (Additional Services)
1. Traffic Control Plans
A. Traffic Control Plans (TCP) - Modify Txdot Std
B. TCP Advance
2
2
4
4
12
Signing Layout
C. TCP Details, Typical
2
4
8
8
22
Section and Quantity
2. Storm Water Pollution Prevention Plans
I
4
8
4
17
A. Stonn Water Pollution Prevention Plans (SW3P)
2
4
8
8
22
B. SW3P Details and Quantity
2
8
4
14
3. Coordination Meetings
8
8
Subtotal hours
0
15
24
0
36
28
0
87
Rate
$50.00
$40.00
$35.00
$27.00
$25.50
$22.00
$16.50
Rate + Overhead 180%
$140.00
$99.13
$86.74
$66.91
$63.20
$54.52
$40.89
(Rate
+ Ovrbd 180%) x Fix Fee 12%
$156.80
$1 1 1.03
$97.15
$74.94
$70.78
$61.07
$45.80
Total Direct Labor Cost (Additional Services)
$0
$1,665
$2,332
S0
$2,548
$1,710
SO
$8,255.09
Total hours
0
52
96
0
149
72
24
377
Lockwood Andrews & Newnam, Inc. indirect Labor Cost
Description
Unit
Travel
Printing/Reproduction
Deliveries
Total Indirect Labor Cost
Qty. Cost
Mile 400 $0.35
L.S. 1 $500.00
L.S. 1 $200.00
Total
$ 138.00
$500.00
$200.00
S838.00
!Lockwood, Andrews & Newnam, Inc. Total Cost
1
S31,980.42
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