R2005-0136 08-29-05
RESOLUTION NO. R2005-136
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 KLOTZ
ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH
THE MAGNOLIA ROAD EXPANSION PROJECT (SEGMENT 5).
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 Klotz
Associates, Inc., 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 Klotz Associates, Inc., for engineering
services associated with the Magnolia Road Expansion Project (Segment 5).
PASSED, APPROVED and ADOPTED this the 29th day of AUGust
A.D., 2005.
~~
--
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
rJA4~. Od--
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-136
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Klotz Associates (hereinafter "Engineer") as follows: , \, ';
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1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Engineering design services for Segment 5 of the Magnolia
Road Expansion Project.
EngineerlSubconsultant( s) Fee Basis of Compensation
Klotz Associates $83,900.00 Lump Sum
Maximum Contract Amount $83,900.00 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.
Delivery of plans, specifications and estimates: Sixty (60) days from completion of
Construction.
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
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
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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 tilJle 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 low 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 (0.5%) 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.
3
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone 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. Indemnitv. 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. Assiqnment. 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.
5
EXECUTED and EFFECTIVE as of the 29th day of Auqust
,20~.
CITY OF PEARLAND
By: ~~
Printed Name: Bi 11 Ei sen
Title: Ci tv Manaqer
ENGINEER
By /..",., ~~
Printed Name: Tom R m ey, P .E.
Title: Senior Vice President
STATE OF TEXAS
COUNTY OF 'fil''''- Z ..:1r(~4..
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'6 . . BEFORE ME, the undersigned Notary Public, on this day personally appeared
j I ~ /.s .t. 14 , 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.
A GIVEN UNDER MY HANj? AND SEAL OF OFFICE THIS
/rj "-<1 f , A.D., 20 <-'")~ .
3/ DAY OF
PERLA N. LEHMAN
Notary Public, Stale of Texas
My Commission Expires
APRIL 22, 2009
Yo /'
Printed Name: ';./~Y/4- .A/ ,,-~hW7~.h-
My Commission Expires: i( -0:::-).2 -~Q01
STATE OF TEXAS
COUNTY OF dj~
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.~ B?;10RE ME, the undersigned Notary Public, on this day personally appeared
I ~ ~ ' known to me to be the person whose name is subscribed to
the foregoing Instr ent and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
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NANCY L. GIFFORD
Notary Public, State of Texas
My Commission Expires
July 30, 2006
OFFICE THIS &eo..Jh DAY OF
6
k lot z4 ~ _ ass 0 cia t e 5
, , 60 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
hou ston .offi ce@klotz.com
August 18,2005
VIA REGULAR MAIL AND EMAIL
Mr. Joe Wertz, Jr.
Projects Director
City of Pearl and
3519 Liberty Drive
Pearland,Texas77581
Re: Revised Design, Bidding and Construction Services Proposal
Magnolia Road Segment 5
Klotz Associates Project No. 0218.029.000
Dear Mr. Wertz:
Klotz Associates, Inc. is pleased to submit this proposal for professional engineering services
required for the design, bidding and construction phase services for the Magnolia Road
Segment 5 project. The following describes our proposed scope of work.
PROJECT UNDERSTANDING
In March of 2005, Klotz Associates prepared a Preliminary Drainage Report for Magnolia
Road. The City of Pearl and is now prepared to begin the design of Magnolia Road. The new
design will make Magnolia Road one continuous roadway from SH 288 to Pearland
Parkway. The roadway will consist of a 4-lane concrete curb and gutter thoroughfare with
esplanade and sidewalks on either side within the existing right-of-way.
Segments 3, 4 and 5 will be designed and bid together as one project. Cobb Fendley will
coordinate the compilation of the three packages, and coordination will be required with
them. There will be one pavement design throughout the project, 8-inches oflime stabilized
sub grade with 10 inches of reinforced concrete.
Klotz Associates has been assigned Segment 5. Segment 5 consists of the tie-in of the
TxDOT work at SH 288 to the beginning of the existing 4-lane roadway at Smith Ranch
Road. This alignment is approximately 800 feet long. This design will require coordination
with TxDOT. Segment 5 also includes the design of the southern half of the thoroughfare,
the median, and the southern sidewalk from Morgan Road to Old Chocolate Bayou Road
(CR 89). The existing roadway will remain in place for the northern two lanes. This
alignment is approximately 3,000 feet long and includes a bridge located between Auburn
Road and Versaille Road. The design of the bridge will be completed by others. Klotz
k lot z 4~. ass 0 cia t e s
Mr. Joe Wertz, Jr.
August 18, 2005
Page 2
Associates will design the roadway up to either side of the bridge. The design will also be
coordinated through Brazoria County Drainage District No.4.
The proposed sidewalk will be 6 feet wide and will remain a fixed distance from the back of
curb. The sidewalk on the north side of the alignment between Morgan Road and Old
Chocolate Bayou Road will be brought up to ADA standards including adding compliant
ramps and wheelchair passing spaces. Klotz Associates will design the striping on the
proposed roadway and the existing roadway as necessary. Monthly progress meetings will
be held through the design phase.
Klotz Associates will address the relocation of the street lights in our design in coordination
with CenterPoint. The conduit will be shown on the drawings, and the Contractor will install
the conduit as part of the project. CenterPoint will relocate the poles and light fixtures.
An entire plan set will be produced including cover sheet and detail sheets. While the three
segments will all be constructed as one package, they will remain separated as plan set one,
two, and three. Wherever possible, City of Pearl and standard details will be used.
A complete set of specifications will be prepared including the front end documents. City of
Pearland specifications will be used wherever possible. If certain specifications are not
adequate for this proj ect, a special conditions document will be prepared for review by the
City. Those special conditions will be formalized before the contracts are let for bid.
This fee is contingent on approval from Drainage District No.4 on the design. Additional
work required by the District will be handled under a separate proposal.
SCOPE OF WORK
Klotz Associates will perform the following services:
Coordination Efforts
1. Coordinate with the City of Pearland staff on design issues, project progress and issues
with other consultants.
2. Coordinate with surveyor, C. 1. Davis, to obtain complete topographic survey. C. L.
Davis will provide plan view drawings as well as the ASCII point file.
3. Coordinate with Cobb Fendley to incorporate project with other segments and to
coordinate tie-in with Segment 4.
4. Coordinate with Tolunay Wong on [mal geotechnical information, with Berg Oliver on
Environmental concerns, and Tedsi on signal work.
5. Coordinate with Brazoria County Drainage District No.4 to obtain approval of design.
k lot z 4~. ass 0 cia t e 5
Mr. Joe Wertz, Jr.
August 18, 2005
Page 3
6. Coordinate with TxDOT to obtain plans for SH 288 work and obtain approval of Klotz
Associates design.
7. Coordinate with CenterPoint to determine size of conduit to be shown on drawings.
Design
1. Prepare a table of contents of City of Pearland standard specifications to be used for the
project. Generate any special conditions specifications necessary for the project.
Submit for review at 30%, 60%, 90% and final completion.
2. Prepare a cost estimate for review at 30%, 60%, 90% and final completion.
3. Prepare drawings at 1:50 scale. Submit three (3) sets of full-size plans for review at
30%, 60%, 90% and final completion. Full size mylars will be delivered when the
design is complete. The drawings will be prepared in AutoCAD.
4. The proposed signing and striping will be shown on the plan and profile sheets.
5. Address comments for each submittal.
6. Obtain signatures from CenterPoint, Entex, and SBC.
7. Submit for ADA review for sidewalk design.
8. Submit signed mylars to City of Pearl and.
9. Attend monthly design meetings throughout the design phase and prepare and distribute
meeting minutes in standard Klotz Associates format.
10. Prepare a project schedule in Microsoft Project and distribute at monthly design
meetings.
Bidding
1. Attend pre-bid meeting.
2. Respond to questions regarding Segment 5.
3. Revise specifications and drawings for addenda, as necessary.
Construction Phase Services
1. Attend pre-construction meeting.
2. Respond to submittals and RFIs particular to Segment 5.
3. Prepare record drawings for Segment 5 upon completion of construction. Submit two
(2) hard copies and electronic files (in AutoCAD) of the drawings to the City.
TERMS
We propose to perform the basic engineering services described above on a lump sum basis.
These services will be provided under the terms of the City of Pearland Standard Agreement
for Engineering Services. Two copies of the agreement are included for signature and
execution.
k lot z 4~. ass 0 cia t e s
Mr. Joe Wertz, Jr.
August 18, 2005
Page 4
FEES
Coordination Efforts
Design
Bidding
Construction Phase Services
$16,600
50,800
4,600
11.900
Total
$83,900
A breakdown of hours per task and a preliminary construction cost estimate is attached.
SCHEDULE
The proposed design for Magnolia Road will be completed 6 months after we receive
authorization to proceed and the complete topographic survey, excluding review time.
CONCLUSION
If this proposal and contract meet with your approval, please sign the attached contract and
return one original to Klotz Associates. Please do not hesitate to contact Katherine Mears,
P .E. or me if you have any questions or would like to discuss any aspect of this proposal.
We appreciate this opportunity to assist the City.
Sincerely,
T~7~y,q~
Senior Vice President
TSR:ng
Attachments
k lot z 4~~ ass 0 cia t e 5
Preliminary Construction Cost Estimate
Magnolia Road, Segment 5
City of Pearland
Klotz Associates Project No. 0218.029.000
August 18, 2005
M QUANTITY UNIT UNIT PRICE TOTAL
ROADWAY
Mobilization 1 LS $110,000.00 $110,000.00
Site Preparation 38 STA $2,500.00 $95,000.00
Roadway Excavation 6,900 CY $5.00 $34,500.00
Lime Stabilized Sub~ade (8") 13,800 SY $2.50 $34,500.00
Lime 166 TON $110.00 $18,260.00
Concrete Pavement (10") 12,778 SY $40.00 $511,111.11
Concrete Curb 9,200 LF $4.00 $36,800.00
Aluminum Signs 20 EA $350.00 $7,000.00
Reflectorized Pavement Markings (Type I and Type II) 3,500 LF $0.35 $1,225.00
Traffic Buttons and Pavement Markers 600 EA $4.00 $2,400.00
2" Conduit 6,000 LF $6.00 $36,000.00
Pull Boxes (lighting) 15 EA $250.00 $3,750.00
Light Pole Foundation (24" Concrete) 50 LF $100.00 $5,000.00
Sidewalk (6') 3,075 SY $25.00 $76,875.00
Ramps 16 EA $1,500.00 $24,000.00
STORM SEWER
Reinforced Concrete Pipe (24") 500 LF $65.00 $32,500.00
Reinforced Concrete Pipe (30") 100 LF $75.00 $7,500.00
Reinforced Concrete Pipe (36") 100 LF $90.00 $9,000.00
Precast Concrete Manhole 10 EA $3,000.00 $30,000.00
Inlets 10 EA $3,000.00 $30,000.00
Safety End Treatment 10 EA $2,500.00 $25,000.00
Riprap (18" depth) 50 SY $65.00 $3,250.00
Dewatering 1 LS $20,000.00 $20,000.00
TRAFFIC CONTROL
Traffic Control 6 MO $5,000.00 $30,000.00
SW3P
Filter Fabric Fence 3,800 LF $2.50 $9,500.00
Stabilized Construction Access (Type I-Rock) 600 SY $25.00 $15,000.00
Subtotal $1,208,171.11
Contingency (20%) $241,634.22
Total Construction $1,450,000.00
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City of Pearl and
Projects Department
CHANGE ORDER
For Magnolia Road Expansion, Segment 5
PEARLAND, TEXAS
Engineer:
Klotz Associates~ Inc.
Change Order No:
CoP Project No:
1
Date of Issuance: Seotember 14. 2005
T70041
Exolanation:
This change order encompasses the following:
Remove all efforts related to the SH288 tie in from the scope of
design. The tie-in will be completed as a part of the TxDOT
project on SH288.
Please attach back-up documentation
Contract Amount:
Original Contract Price:
Previous Change Order(s):
Contract price prior to this change order:
Net increase (decrease) from this change order:
Contract price with all change orders to date
(including this change order):
$ 83.900.00
$ 0.00
$ 83.900.00
$ (5.600.00)
$ 78.300.00
Contract Time:
Authorized contract time change: N/ A
_ ACC~D:
/~ U~
Engineer
9/Zh/o,r
APPROVED:
By:
By:
Owner
Date:
Date:
DOCUMENT FILING REQUEST
RP-554
Reso #2005-136
Description: .
Klotz
Type Services
Engineering Svcs
Search String Parameters:
Magnolia Segment 5
Requested By:
Robin Pitcock
Project Management
10/03/05
Authorized by:
Bill Eisen
Amount
$83,900.00