R2005-0167 10-31-05
RESOLUTION NO. R200S-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING WORK AUTHORIZATION #4 SUPPLEMENT #18
FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (CORRIGAN
DRAINAGE 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 Turner,
Collie and Braden, Inc., (''1 C & B) for Program Management of the Pearland Mobility and
Drainage Bond Program was authorized by the City Council on December 10, 2001.
Section 2. That T C & B has developed work authorization #4 Supplement #18,
which is attached hereto as Exhibit "A".
Section 3. That work authorization #4 Supplement #18 for engineering design
services associated with the Corrigan Drainage Project is hereby approved.
PASSED, APPROVED and ADOPTED this the 31st day of October
A.D., 2005.
~J~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
Ua.-..__.. u fl d
[l~~
DARRIN M. COKER "
CITY ATTORNEY
ATTACHMENT 0
Exhibit "A"
Resolution 2005-167
WORK AUTHORIZATION NO.4
SUPPLEMENT NO. 18
This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility &
Drainage Bond Program, hereinafter identified as the "Contract", entered into by and between the
City of Pearland ("City"), and Turner Collie & Braden Inc. ("Engineer).
PART 1. Work Authorization No.4, is related to The Corrigan Subdivision Drainage Improvement
Project. The Engineer will perform, design services related to the redesign of the Phase 3
Construction Project, internal storm sewer improvements.
PART 2. The maximum amount payable for services under this Work Authorization Supplement
No. 18 is $107,300.00. This amount is based on the attached fee proposal submitted by LJA
Engineering & Surveying, Inc. dated October 11, 2005.
PART 3. Payment to the Engineer for the services established under this Work Authorization
shall be "Reimbursable ".
PART 4. This Work Authorization shall become effective on October 24,2005 and shall terminate
on November 12, 2005, unless extended by a supplemental work authorization.
PART 5. This Work Authorization does not waive the parties' responsibilities and obligations
provided under the contract.
PART 6. This Work Authorization is hereby accepted and acknowledged below.
By:
ENGINEER
~oc-L,A. Y11~
C~F~'
By:
Frank S. Marino, P.E.
Senior Vice President
Rill Fi,pn
Typed or Printed Name
City Manager
Title
IO/18/~5"
Date
November 1, 2005
Date
LIST OF EXHIBITS
Exhibit A - Fee Schedule
. . . . .
. . . . . . . . .
. . . o. . . . o. .
. . . . . . . .
. . . . . . . . .
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"0". .0... "0"
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TUriler Collie Braden Inc.
EXHIBIT A
FEE SCHEDULE
10/18/2005
Pearland Mobility & Drainage Bond Program
Work Authorization NO.4
Supplement No. 18
Summary
Proiect
Corrigan Subdivision Drainage Improvements
EnQineerinQ Services
LJA Engineering & Surveying
LJA Engineering & Surveying
Quadrant Consultants
Quadrant Consultants
Quadrant Consultants
C.L. Davis
C.L. Davis
LJA Engineering & Surveying
Tonunay-Wong
LJA Engineering & Surveying
Hydrologic & Hydraulic
McLean Study
Environmental Compliance
404 Permit
Archeological
404 Permit Survey
Fence Stakeout
Topographic Survey
Geotech
ROW Maps & Documents
PS&E
Basic Services LJA Engineering & Surveying
Traffic Control LJA Engineering & Surveying
SWPPP LJA Engineering & Surveying
Construction Administration LJA Engineering & Surveying
Redesign Pump Sta Relocation TCB
Phase 3 Redesign
ROW Acquisition Assistance
Materials Testing
Contract NO.1
Contract NO.2
Subtotal
Total to Date
P:\13-11256r\Corrigan Drainage\Work Authorization 4-10.xls
LAN
Page 1 of 1
Previous Current
Authorization Authorization
$76,930.00 $0.00
$15,500.00 $0.00
$24,462.00 $0.00
$7,784.89 $0.00
$1,500.00 $0.00
$9,900.00 $0.00
$1,150.00 $0.00
$113,321.50 $0.00
$22,060.00 $0.00
$41,863.00 $0.00
$0.00 $0.00
$321,665.00 $0.00
$19,300.00 $0.00
$16,080.00 $0.00
$20,955.00 $0.00
$9,605.43 $0.00
$0.00 $107,300.00
$172,700.00 $0.00
$35,000.00 $0.00
$38,000.00 $0.00
$947,776.82 $107,300.00
$1,055,076.82
"LJA Copy"
WA Engineering & Surveying, Inc.
IA
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineering.com
October 11, 2005
CHANGE ORDER NO.3
Mr. James W. Keller, P.E.
Turner Collie & Braden, Inc.
P.O. Box 130089
5757 Woodway
Houston, Texas 77057-1599
Re: Engineering Proposal for Design Services for the
Flood Protection Plan for the Corrigan Subdivision
City of Pearland, Texas
LJA Proposal No. 05-0958
LJA Job No. 1610-0203 (1.0)
Dear Mr. Keller:
In accordance with our attached Agreement dated August 27, 2002, please review and approve
the following adjustment to the engineering fees for Engineering for Design Services for the
Flood Protection Plan for the Corrigan Subdivision - Contract 3, Internal Drainage
Improvements.
This adjustment is for additional services associated with the redesign of Contract 3, Internal
Drainage Improvements as directed by the City of Pearland. This redesign includes redesign of
the subdivision wall; redesign of Corrigan Drive; redesign of Carmona Drive drainage area
storm sewer system; redesign of the Apple Springs Drive drainage area storm sewer system;
redesign of the Chester & McLean drainage area storm sewer system; redesign of the Groveton
Drive drainage area storm sewer system; design of the Fite Road storm sewer and design of
paving improvements on Apple Springs at McLean intersection. The increase of the engineering
service fee for this portion of the work is $102,500.00.
Additional adjustments are associated with the investigative work related to minimizing the
Corrigan Drainage System Improvements and preparation of associated comparison cost
estimates. The increase of the engineering service fee for this portion of the work is $4,800.00.
The net increase of the engineering service fee for the referenced project is $107,300.00.
Compensation will be on a Lump Sum basis in accordance with our Agreement dated August
27,2002.
O:\PROPOSAL\2005\Turner Collie & Braden\05-0958proC03.doc
o
Mr. James W. Keller, P.E.
October 11, 2005
Page 2
Should you have any questions regarding this change order, please do not hesitate to call.
Your signature below will be considered as authorization to proceed with the work in this
proposal. If this proposal meets with your approval, please execute both copies, returning one
copy to our office, and keeping the other for your records.
Sincerely,
't~~
APPROVED FOR:
Turner Collie & Braden, Inc.
John T. Horton, P.E.
Vice President
~~2)$~-
ames E. Moehlman, P.E.
. Senior Vice President
!-
By:
Printed Name:
Title:
Date:
JTH/JEM/rca
O:\PROPOSAL\2005\Turner Collie & Braden\05-0958proC03.doc
"Client Copy"
WA Engineering & Surveying, Inc.
IA
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineering.com
October 11, 2005
CHANGE ORDER NO.3
Mr. James W. Keller, P.E.
Turner Collie & Braden, Inc.
P.O. Box 130089
5757 Woodway
Houston, Texas 77057-1599
Re: Engineering Proposal for Design Services for the
Flood Protection Plan for the Corrigan Subdivision
City of Pearland, Texas
LJA Proposal No. 05-0958
LJA Job No. 1610-0203 (1.0)
Dear Mr. Keller:
In accordance with our attached Agreement dated August 27, 2002, please review and approve
the following adjustment to the engineering fees for Engineering for Design Services for the
Flood Protection Plan for the Corrigan Subdivision - Contract 3, Internal Drainage
Improvements.
This adjustment is for additional services associated with the redesign of Contract 3, Internal
Drainage Improvements as directed by the City of Pearland. This redesign includes redesign of
the subdivision wall; redesign of Corrigan Drive; redesign of Carmona Drive drainage area
storm sewer system; redesign of the Apple Springs Drive drainage area storm sewer system;
redesign of the Chester & McLean drainage area storm sewer system; redesign of the Groveton
Drive drainage area storm sewer system; design of the Fite Road storm sewer and design of
paving improvements on Apple Springs at McLean intersection. The increase of the engineering
service fee for this portion of the work is $102,500.00.
Additional adjustments are associated with the investigative work related to minimizing the
Corrigan Drainage System Improvements and preparation of associated comparison cost
estimates. The increase of the engineering service fee for this portion of the work is $4,800.00.
The net increase of the engineering service fee for the referenced project is $107,300.00.
Compensation will be on a Lump Sum basis in accordance with our Agreement dated August
27,2002.
O:\PROPOSAL\2005\Turner Collie & Braden\05-095BproC03.doc
fto
~,:
Mr. James W. Keller, P.E.
October 11, 2005
Page 2
. Should you have any questions regarding this change order, please do not hesitate to call.
Your signature below will be considered as authorization to proceed with the work in this
proposal. If this proposal meets with your approval, please execute both copies, returning one
copy to our office, and keeping the other for your records.
Sincerely,
~\~
John T. Horton, P.E.
Vice President
~.~C~-
mes E. Moehlman, P.E.
.' Senior Vice President
APPROVED FOR:
Turner Collie & Braden, Inc.
By:
Printed Name:
Title:
Date:
JTH/JEM/rca
O:\PROPOSAL\2005ITurner Collie & BradenI05-0958proC03.doc
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Turner Collie <9Braden Inc.
TRANSMITTAL
ENGINEERS.PLANNERS.PROJECT MANAGERS
PO Box 130089
Houston, Texas 77219
5757 Woodway
713- 780-4100
Fax 713-780-0838
Date:
To:
December 4, 2002
Mr. James E. Moehlman, P.E.
LJA Engineering & Surveying, Inc.
2929 Briarpark Drive
Houston, TX 77042
Engineering Proposal for Design Services for
Flood Protection Plan for Corrigan Subdivision
City of Pearl and, Texas
052.511256.0004.6401
Courier
Re:
Job No.:
Transmitted Via:
We are sending you the following:
Copies Description
1 Fully executed Subconsultant Agreement on the above referenced project.
Remarks: We have retained one original for our records.
Copies To: File
By:
c
CHL/mmc
Attachment
SUBCONSUL T ANT AGREEMENT
This Subconsultant Agreement (the "Agreement") is entered into between Turner
Collie & Braden Inc. (the "Engineer"), and LJA Engineering & Surveying, Inc. (the
"SubconsuItant"), acting by and through their duly authorized representatives, to be effective
the 10th day of September, 2002.
WHEREAS, the City of Pearl and, Texas (the "Owner") intends to construct certain
improvements to Corrigan Area Drainage System (the '.'Project"); and
WHEREAS, the Engineer has entered into a contract (the "Principal Contract") with
the Owner to provide professional engineering services in connection with the Project; and
WHEREAS, it is the intent and purpose of the Engineer and the Subconsultant to set
forth their agreement, pursuant to which the Engineer will subcontract to the Subconsultant
and the SubconsuItant will perform as an independent contractor certain services in
connection with the Project, and to define the obligations of the Engineer and the
Subconsultant to each other with respect to such services;
NOW THEREFORE, for and in consideration of the mutual agreements, promises,
and undertakings herein set forth, the parties hereby agree as follows:
1. Contractual Relationship
1.1 The Engineer agrees to subcontract to the Subconsultant, and the
Subconsultant agrees to perform as an independent contractor, certain services as defined
herein in connection with the Project (the "Work"), and for having .rendered such services,
the Engineer shall pay to the SubconsuItant compensation as stated in the sections to follow.
1.2 The relationship of the Engineer and the Subconsultant under this Agreement
and otherwise shall be that of independent contractors. The Subconsultant is not, by the
terms of this Agreement or otherwise, an agent, employee, or representative of the Engineer.
The SubconsuItant shall be responsible for performing the duties and obligations owed to the
Engineer under this Agreement, but the Engineer does not have the right to control the
manner or methods employed by the Subconsultant in the performance of its Work
hereunder.
2. Character and Extent of the Work
2.1 The Subconsultant shall provide to the Engineer professional engineering
services and incidental materials as necessary or required by the Engineer with respect to the
Project, as stated in Exhibit "A" attached hereto and made a part hereof.
2.2 All Work shall be of good quality and shall be performed in a professional
manner, using that degree of care and skill ordinarily exercised by and consistent with the
standards of professionals in the Subconsultant's profession engaged in the same or similar
projects. Subconsultant shall comply with all applicable laws, rules, and regulations.
City of Pearl and. LJA Engineering & Surveying, Inc., September 6, 2002
1
2.3 Subconsultant is solely responsible for the accuracy and completeness of its
Work. Subconsultant shall provide to the Engineer a copy of its Quality Control/Quality
Assurance plan for execution of the Wark prior to initiation of Work and written
documentation that the Work has been reviewed and checked with each submission of a
Work Product.
2.4 No Work shall be undertaken by the Subconsultant until a written notice to
proceed has been issued by the Engineer.
2.5 Should the Subconsultant be responsible for delays in the progress of the
Work, the Subconsultant shall, without additional cost to the Owner or the Engineer, work
overtime and use such additional means as may be necessary to eliminate delays in the final
. completion of the Project.
2.6 . Subconsultant shall perform the Work in a timely fashion so as to allow
Engineer to comply with the Owner's requirements and in accordance with the schedule
. Exhibit "e" attached.
3. Subconsultant's Compensation
3.1 In complete compensation for all of the Work, the Engineer shall pay to the
Subconsultant the compensation hereinafter set forth.
3.2 The Subconsultant's compensation shall be the Lump Sum amount of
$378,000.00 and shall be invoiced on a percent complete basis.
3.3 Prior to the fifth calendar day of each month, the Subconsultant will invoice
the Engineer in the proper amounts based on the Work performed during the preceding
month by the Subconsultant, and in a format approved by the Engineer. The Engineer will
review the invoices and, if acceptable, incorporate them into the Engineer's bills to the
Owner. Invoices received after the fifth calendar day of the month, if acceptable, will be
incorporated into the following month's bill to the Owner. The Engineer will pay the
Subconsultant within 15 days after receipt of payment from the Owner of such invoice. The
Engineer and the Subconsultant agree that the Engineer is dependent upon the Owner for
funding to pay the Subconsultant, and that the Engineer is not obligated to pay the
Subconsultant until it has received payment from the Owner. All remittances by the
Engineer of such compensation shall be either mailed or delivered to the Subconsultant's
offices.
3.4 When required to do so by the Engineer, the Subconsultant shall make such
revisions as are necessary to correct defects, errors, or omissions in the Work. No additional
compensation shall be paid for this work.
City of Pearland, LJ A Engineering & Surveying, Inc., September 6. 2002
2
4. Indemnification
4.1 The Subconsultant hereby indemnifies and holds harmless and agrees to
defend the Engineer and the Engineer's employees and agents from and against claims,
damages, losses, causes of action, suits, and liability, including, but not limited to, expenses
of litigation, court costs, punitive damages, and attorneys' fees, arising out of, or resulting
from, the negligent performance or failure in performance of the Subconsultant, its
employees, and subcontractors under this Agreement.
4.2 In the event that both the Subconsultant and the Engineer are found at fault,
each shall be responsible for its own costs of litigation and pro-rata share of damages as
determined by the proceedings. Such obligation of the Subconsultant shall not be construed
to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would
otherwise exist.
5. Insurance
5.1 The Subconsultant shall obtain and maintain, throughout the term of the
Project, insurance of the types and in the minimum amounts set forth below.
5.2 The Subconsultant shall promptly, upon execution of this Agreement, furnish
certificates of insurance to the Engineer that prove thatthe Subconsultant has complied with'
the insurance requirements hereof. Certificates shall indicate name of the Subconsultant,
name of insurance company, policy number, term of coverage, and limits of coverage. The
Subconsultant shall cause its insurance companies to provide the Engineer with at least thirty
days' prior written notice of any material changes, such as a reduction in the limit ofliability
by endorsement of the policy, cancellation, renewal, or nonrenewal of the insurance
coverage required under this Agreement. The Subconsultant shall obtain such insurance
from such companies having at least a Best's Rating of NVIII, be admitted/or approved with
the state in which the Work shall be performed, and obtain such insurance of the following
types and minimum limits:
a. Workers' Compensation insurance in accordance with the laws of the State
of Texas, and Employer's Liability coverage with a limit of not less than $500,000
each employee for Occupational Disease; $500,000 policy limit for Occupational
Disease; and Employers' Liability of$500,000 each accident.
b. Commercial General Liability insurance, including coverage for
Products/Completed Operations, Blanket Contractual, Contractors' Protective
Liability, Broad Form Property Damage, Personal Injury/Advertising Liability, and
Bodily Injury and Property Damage with limits of not less than:
General aggregate limit
$2,000,000
Each occurrence, combined single limit
$1,000,000
Aggregate products, combined single limit
$1,000,000
City of Pearl and, L1A Engineering & Surveying, Inc., September 6,2002
3
Aggregate personal injury/advertising liability
$1,000,000
Fire legal liability
$50,000
Premises medical
$5,000
c. Business Automobile Liability coverage applying to owned, non-owned,
and hired automobiles with limits not less than $1,000,000 each occurrence
combined single limit for Bodily Injury and Property Damage combined.
d. Umbrella Excess Liability insurance written as excess of Employers'
Liability, Commercial General Liability, and Business Automobile Liability, with
limits not less than $1,000,000 each occurrence combined single limit.
e. Professional Liability Insurance with limits not less than $1,000,000 each
claim/annual aggregate.
f. The Engineer and the Engineer's agents and employees shall be added as
additional insureds to all coverages required above, except for those requirements in
paragraphs a. and e. All policies written on behalf of the Subconsultant shall contain
a waiver of subrogation in favor of the Engineer and the Engineer's agents and
employees, with the exception of insurance required under paragraph e.
6. Termination
6.1 The Subconsultant agrees that it shall perform its obligations to the Engineer
under this Agreement and that the Engineer, after seven days' written notice, may, with or
without cause, and without prejudice to any other rights or remedies that it has under this
Agreement or at law or in equity, completely or partially terminate the Subconsultant's Work
hereunder.
6.2 Upon delivery of notice of termination by the Engineer, the Subconsultant
shall, unless the notice directs otherwise, immediately discontinue all Work, proceed to
cancel promptly all existing orders and contracts insofar as such orders or contracts are
chargeable to the Work, and deliver to the Engineer all work products produced under this
Agreement. Upon termination, the Engineer will owe the Subconsultant for all
compensation earned under this Agreement to date of termination, subject to the provisions
of Section 3 hereof.
7. Inspections and Audits
The duly authorized representatives of the Engineer and Owner shall have access to
and the right to examine and copy any directly pertinent books, documents, papers, invoices,
and records to the Sub consultant involving transactions relating to this Agreement, provided
that the Subconsultant shall not be required to keep such books and records longer than three
years after final payment under this Agreement or until all audits have been resolved.
City of Pearl and, LJA Engineering & Surveying, Inc., September 6.2002
4
8. Equal Employment Opportunity
The Equal Employment Opportunity prOVIsions set out III Exhibit "B" attached
hereto are incorporated by reference herein for all purposes.
9. Ownership of Work Product
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 Owner 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 Owner or
others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by Engineer will be. at Owner's sole risk and without
liability or legal exposure to Engineer, or to Engineer's independent associates or
consultants, and Owner 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 proj ect 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 Owner, and Engineer shall
indemnify and hold harmless Owner from all claims, damages, .losses, and expenses.
including attorneys' fees arising out of or resulting therefrom.
10. Subcontracts
If, for any reason, at any time during the progress of providing services, Owner
determines that any subcontractor for Engineering is incompetent or undesirable, Owner will
notify Engineer accordingly and Engineer shall take immediate steps for 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
Owner.
11. Release of Publicity
The Subconsultant agrees that it shall not make any announcement or release any
information or photographs concerning this Agreement or Project or any part thereof to any
member of the public or to the press or to any official body, unless prior written consent is
obtained from the Engineer.
12. Waiver
No consent or waiver, express or implied, by either party to this Agreement, to or of
any breach or default by the other in the performance of any obligations under this
Agreement, shall be deemed or construed to be a consent or waiver to or of any other or
future breach or default by such party. Failure on the part of any party to this Agreement to
complain of any act or failure to act of the other party or to declare the other party in default
hereunder, irrespective of how long such failure continues, shall not constitute a waiver of
City of Pearland, LJA Engineering & Surveying, Inc., September 6,2002
5
the rights of such party hereunder. Neither Engineer's payment for, nor approval nor
acceptance of, any of the Subconsultant's Work shall release the Subconsultant from any of
its obligations under this Agreement.
13. Dispute Resolution
Except as expressly provided in Section 6. Termination, if a dispute arises out of, or
relates to, the breach thereof, and if the dispute cannot be settled through negotiation, then
the Engineer and the Subconsultant agree to submit the dispute to mediation. In the event
the Engineer or the Subconsultant desires to mediate any dispute, that party shall notify the
other party in writing of the dispute desired to be mediated. If the parties are unable to
resolve their differences within ten days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the.dispute to mediation can be changed ifthe parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by the Engineer and 50 percent by the Subconsultant.
This requirement to seek mediation shall be a condition required before filing an action at
law or in equity. .
14. Miscellaneous
14.1 This Agreement shall be effective upon its execution by the Engineer and the
Subconsultant, subject to the notice to proceed, and shall remain in force until all obligations
under this Agreement have been fulfilled, unless sooner terminated as provided herein.
14.2 . This Agreement shall be construed and enforced for all purposes pursuant to
the laws of the State of Texas. Venue shall be in Brazoria County, Texas.
14.3 Neither the Engineer nor the Subconsultant shall assign, sublet, or transfer
the interest in this Agreement without the prior written consent of the other.
14.4 This Agreement (including all documents incorporated by reference or
attached as exhibits hereto) represents the entire agreement between the Engineer and the
Subconsultant with respect to the subject matter hereof, and supersedes and merges all prior
negotiations, representations, discussions, or agreements, either written or oral, with respect
to the subject matter hereof.
14.5 If any of the provisions of documents incorporated by reference or attached
as exhibits hereto conflict with the provisions contained in the body of this Agreement, the
provision in the body ofthe Agreement shall prevail, unless prohibited by law.
14.6 This Agreement may be amended only by written instrument signed by duly
authorized representatives of both the Engineer and the Subconsultant.
14.7 If a provision of this Agreement, or the application thereof to any person or
circumstances, is rendered or declared illegal for any reason or shall be invalid or
unenforceable, the remainder of this Agreement and the application of such provision to
City of Pearland. LJA Engineering & Surveying, Inc., September 6. 2002
6
other persons or circumstances shall not be affected thereby, but shall be enforced to the
greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a
proper amendment to this Agreement in the event any provision hereof is declared illegal,
invalid, or unenforceable.
14.8 It is anticipated that e-mail or another, similar fonn of electronic
communication will transpire between Engineer and Subconsultant, in addition to written
communications. Subconsultant may request concurrence with its planned activities or
investigations by any means of communication, but under no circumstance shall a lack of
response by Engineer infer acceptance of Subconsultant's request. Approval of all requests
by Subconsultant must be documented, either in an electronic or a written format. Changes
to any part of this Agreement, however, can be made only by an executed amendment to this
Agreement.
14.9 All notices required or permitted hereunder shall be in writing and shall be
deemed delivered three days after deposit with the United States Postal Service (certified
mail, return receipt requested), addressed to the respective 'other party at the addresses shown
below:
Turner Collie & Braden Inc.
P.O. Box 130089
Houston, Texas 77219
Attention: Craig Hester, P .E.
LJA Engineering & Surveying, Inc.
2929 Briarpark Drive
Houston, Texas 77042
Attention: James E. Moehlman, P.E.
IN WITNESS WHEREOF, this Agreement is hereby executed as of the date first
above set forth.
TURNER COLLIE & BRADEN INe.
By:
'-i-r ~
Larry F. Janak,..tE.
Senior Vice President
LJA ENGINEERING & SURVEYING, INC.
C:.i VJ/ / )
~~/.~,--.. <:://>Z~A~/~~~
By:
J~rhes E. Moehlman, P .E.
Vice President
!
City of Pearl and, LJA Engineering & Surveying, Inc., September 6,2002
7
"Engineer's Copy"
LJA Engineering & Surveying, Inc.
IA
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineenng.com
August 27, 2002
REVISED PROPOSAL
Mr. James W. Keller, P.E.
Turner, Collie & Braden, Inc.
P.O. Box 130089
5757Woodway
Houston, Texas 77057-1599
Re: Engineering Proposal for Design Services for the
Flood Protection Plan for the Corrigan Subdivision
City of Pearl and, Texas
LJA Proposal No. 02-496R
Dear Mr. Keller:
Weare pleased to submit the following Scope of Services for providing Design Services for the
Flood Protection Plan to serve the Corrigan Subdivision in Pearland, Texas. It is our
understanding that LJA Engineering & Surveying, Inc. will be providing these engineering
services, and, as Program Manager for the City Of Pearland, Texas, Turner Collie & Braden is
negotiating a contract with our firm. A proposed Scope of Services is enclosed as Attachment A.
The following fees, corresponding to Attachment A are proposed in accordance with the attached
Professional Services Agreement (PSA).
COMPENSATION
The compensation for the items of work proposed in the Scope of Services will be on a lump
sum basis in accordance with the attached PSA. The estimated fees broken down by project are
as follows:
Description
Fee
1. Corrigan Ditch By-Pass Channel and Bridges
A. Traffic Control Plan
B. Storm Water Pollution Prevention Plan
C. Design
D. Construction Phase
$ 11,580
$ 5,550
$ 90,065
$ 6.180
SUB- TOT AL
$113,375
\'i
OIPROPOSAL \2002\TlIrner Coli ie & Braden\02-496RPRO.doc
A-l
Mr. James W. Keller, P.E.
August 27, 2002
Page 2
II. Corrigan Storm Sewer System, Internal Drainage Improvements, Offsite Drainage
Improvements, Barrier Walls, Stonn Water Pump Station and Fite Road Detention
Reservoir Improvements
A. Traffic Control Plan
B. Stonn Water Pollution Prevention Plan
C. Design
D. Construction Phase
$ 7,720
$ 10.530
$ 231,600
$ 14,775
SUB-TOTAL
$ 264,625
TOTAL
$ 378,000
The above fee is based on the "Corrigan Subdivision Flood Protection Plan" dated August 8,
2002 and prepared by LJA. Any additional tasks specifically requested by Turner Collie &
Braden, Inc. that do not fall under the services described above will be provided on a time and
material basis. These additional services shall be approved in writing prior to commencement.
TERMS OF PAYMENT
Payment for the above mentioned services will be made on a monthly basis by Turner Collie &
Braden based on the schedule in the attached PSA.
If this proposal meets with your approval, please execute both copies, returning one copy to our
office, and keeping the other for your records.
APPROVED FOR:
Turner Collie & Braden, Inc.
APPROVED FOR:
LJA Engineering & Surveying, Inc.
James E. Moehlman. P.E.
By:
Printed Name:
Title:
Title:
Date:
Date:
Vice President
B / 2,8 / () ?--
,
OlPROPOSALI20021Turncr Collie & BradenI02-496RPRO.uoc
A-2
"Engineer's Copy"
LJA Engineering & Surveying, Inc.
IA
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineering.com
PROFESSIONAL SERVICES AGREEMENT
This Agreement is by and.between Turner Collie & Braden Ine (CLIENT) nnd 1../1'1 Engineering and Surveying. Inc. (UA) who agre~ as follows' C1~ent hereby engilgcs LJrJ ,to perform the services d~scribed in P:lI"t I
("Services") .md LJA agrees to perform the Services for the compensation set fanh in Part III. LIA shall be authorized to commence the ServIces upon execution of thIs Agreement Cllcnt and LJA agree: that this agreement and
attachments referred to herein, constitute the entire agreement between them relating to the Project (" AgreementM)
Project: Engineering Proposal for Design Services for the Flood Protection rlan for the Corrigiln Subdivision
Lucation: Pearl and. T cxas
Job No. I flroposal No.. 02-496R
l. UA ENGINEERING AND SURVEYING. INC.'S RESPONSIBILITIES: IJA shall perform or furnish the services described under this Agreement.
See Attached Proposal Dated
A..lll.!Ust "7 2001
II. CLIE:'oiT'S RESPO;\lSIBILITIES: Client. at its expense. shall do the following in a tImely manner 50 as not to delay the Services
1. lNFOR!\IA TION/REPORTS: Furnish I.JA with aU reports, studies. site characterizations, regulatory orders, and SImilar information in its possessIOn relating to the Project. Unless otherwise speclticd in Part
I. fJrt may rely upon Client.furnished information without independent veritication in performing the Services
2. R ErRESENT A TIVE: Designate.~ repres~ntative for the Project who shall have the authority to transmit instructions, receive informntion. interpret and deline Client's policies, and make decisions with respect
to the Ser\liccs
J. DECISIONS: PrOVIde all criteria and full' information as to Client requirements for the Project obtain (with LIA's assistance, if applicable) necessary approvals and pemuts. anend Project-related meetings, prOVide
Interim reviews on an agr~ed-upon schedule, make decisions on Project alternatives. ilnd generally pamcipate in the Project to the extent necessary to allow LJA to perform the Services,
III. COl\lPENSATIOS, BILLING. AND Pr\ YMENT: Client shall pay IJA for Ser....ices.in accordance with the following Billing Schedule.
\.
SERVICES:
Hourly Rates with An Estimated Fee $
Percentilge of Construction Cost
x
Lump Sum S
3 78 000
Other (Specify)
(Engineer's Hourly Rate Schedule is Attached as Attachment "An)
2. REIMBURSABLE EXPENSES: Reproduction. telephone, out-Of.toWTl travel expenses and other non-labor ch.uges directly related to the project will be billed at cost in additIon to the fees agreed upon for
servIces rendered. Vehicle mileage other than survey will be charged at a rate of50.34 per mile. Survey ....ehicle mileilge will be charged at a rate of $0,40 per mile. CADD ;;hargcs will be 525 00 per hour. Filing tees. penmr fees,
and other special charges which are advanced on behalf orthe Client will be billed on a similar baSIS plus a 10% service charge
3. PA YM ENTS: Bil/inb-os for services rendered \Aiill be made month Iv and payment is requested within fifteen (15) days of receipt of invoice Unless spt:eial arrangements are made, a finance charge of! ,5% per lllOlllh
will be added to unpaid balances more than thiny PO) days old. IJA reserves the right to suspend work should invoices not be paid within the staled tems The amount of any excise. V AT, or gross receipts ta.'lt that may be imposed
for professional services shall be added to the compensatIon as detenmncd above
IV. STANDARD TERMS A:'ID CO:'lDITIONS:
1. ST,\NDARD OF CARE. Services shall be performed in accordance with the standard ofprotessional practice ordinarily exercised by the applicable profession at the tIme and within the locality where the Services
me performed. Professionai services are not subject to. and LJA cannot provide. any wnrrantv or guarantee. express or implied. mcluding warranties or guarantees contained in any uniform commerciaJ code Any such warramies
or guarantees contained ill any purchase orders, requisitions. or notices to proceed issued by Client ilrc specifically objected to.
., CIIANGE OF SCOPE, The scope of St:rvices set fonh in this Agreement is based on filets known at the time of execution of this Agreement. including. ifapplicnble. information supplied by Client. For some
projects IOvolving conceptual or process development services. scope may not be fully definable during initial phases. As the Project progresses. facts discovered may indicate that scope must be redelined
J. SAFETY. IJA hus established and maintains corporate programs and procedures for the surety ofilS employees. Unless specifically induded as a service to be provided under this A~reement. LfA specifically
di:iclalms any authority ur responsibility for general job site safet)' and safety of persons other thnn tJA employees
4. OELA YS. If events beyond the control of Client or LJA, including. but not limited to. fire. nood. e:c;plosion, riot, strike, war. process shutdown, act of God or ~he public enemy. and act or re~ulation of anv
g.overnment agency. result In dday to any schedule established in thIS Agreement such schedule shall be amended to the e)(tent necessary to compensate for such delay. (n the event such delay exceeds 60 days, L//1 shall be ~lItltled
to an equitable adjustment in compensation
5. TER!\'IINA T10N/SUSPENSI0N. Eithcr pany may lerminate this Agreement upon )0 days written notice to the other party Clicnt shall pay LJA lor all Services. including prolit relating thereto. rendered prior
to termination. plus any expenses of termination.
In the event either pl\ny detilults in its obligations under this Agreement (induding Client's llblig~tion to make the payments required hereunder). the non.d~faulting party may. aft~r 7 days written nolice stating its lmention [0 suspend
perlormance under the Agr~ement if cure of such default is not commenced and di1i!,;ently cOlltil\ued, and failure Qfthe defaulting party to commence cure within such time limit ilnd diligently continue, suspend pertormance und~r
this Agreement
~
o \rROrOSAL\:!002\TlIrn~r Collie &. Braden\U~-4()6RrSAdnc
A-3
ATTACHMENT A
SECTION I
Scope of Services
THIS AGREEMENT IS SUBJECT TO THE TEXAS ARBITRATION ACT AS AMENDED
1. General Statement
The Basic Services will be performed in four phases: design, approval, bidding,
and construction. Basic services will be performed for projects I and II as listed in
LJA's proposal dated August 27, 2002 and based on the "Corrigan Subdivision
Flood Protection Plan" dated August 8, 2002 prepared by LJA.
2. Basic Services
The Engineer agrees to:
A. DESIGN PHASE
1 . Establish the scope of any soil and foundation investigations or any
special surveys and tests which, in the opinion of the Engineer,
may be required for design; arrange for such work to be done for
the Client's account.
2. Furnish to the Client, where required by circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, state and federal authorities (as
distinguished from detailed applications and supporting documents
for governmental grants-in-aid or for planning advances).
3. Prepare detailed plans, specifications and contract drawings for the
Project or various phases thereof.
4. Prepare detailed cost estimates of authorized construction, utilizing
the most recent costs available.
5. Furnish to the client all necessary copies of plans, specifications,
notices to bidders, and proposal forms. All copies of plans in
excess of ten (10) copies are to be paid separately.
B. APPROVAL PHASE
Use best efforts to obtain all necessary approvals from appropriate city,
county, state and federal agencies having jurisdiction over the Project.
The approval Phase shall begin when the detailed construction drawings
are submitted to such agencies. The phase shall be deemed complete
when all approvals are obtained in the form normally supplied by the
O:\PROPOSAL\2002\TURNER COLLIE & BRADEN\02-496RPRODOC
A-4
agency. In the event the plans and specifications are not approved by an
agency because they do not conform to the agency's design criteria, the
Engineer shall redesign the plans and specifications to conform to such
criteria at no cost to the Client. If the Engineer is unable to obtain approval
of the plans due to recording of easements, subordinations, payment of
taxes, or other factors beyond his control, then the plans shall be deemed
complete and approved.
C. BIDDING PHASE
1. Assist the client in the advertisement of the Project for bids,
including preparation and distribution of notices, invitations, bid
conditions and pre-qualification forms, and attendance at pre-bid
conferences.
2. Assist the Client in the opening and tabulation of bids for
construction of the Project, and consult with the Client as to the
proper action to be taken, based on the engineering considerations
involved.
3. Consult with and advise the Client as to the professional
responsibility and acceptability of the bidders and of any
subcontractors or persons proposed by the bidders, including
review of contractor's qualification statement.
4. Assist in the preparation and execution of formal construction
documents.
D. CONSTRUCTION PHASE
1. Attend pre-bid and pre-construction meetings. Attend periodic
construction coordination meetings and make periodic site visits,
defined as a maximum of two visits per month on the site, (as
distinguished from the continuous seNices of a resident Project
Representative approved by the Client) in accordance with
accepted engineering standards to observe the progress and
quality of the executed work and to determine if the work is
proceeding according to the construction contract documents.
Unless the Client requests and agrees to a resident Project
Representative, the Engineer will not be required to make
exhaustive or continuos on-site inspections to check the quality or
quantity of the work or material. Although the Engineer will
endeavor to protect the client against defects and deficiencies in
the work of contractors or subcontractors, he will not be responsible
for the actual supervision of construction techniques and operations
or for the safety measures that contractors or subcontractors take
or should take.
O:\PROPOSAL\2U02\TURNER COLLIE & BRADEN\02-49GRPRODOC
A-5
2. Review samples, catalog data, schedules, shop drawings,
laboratory, shop and mill tests of material and equipment and other
data which the contractor submits. This review is for the benefit of
the Client and requires only general conformance with the design
concept of the Project and general compliance with the information
given in the Contract Documents. It does not relieve the contractors
of any responsibilities such as dimensions to be confirmed and
correlated at the job site, appropriate safety measures to protect
workers and the public, or the necessity of constructing a complete
and workable facility in accordance with the construction Contract
Documents.
3. Maintain orderly files for correspondence, Contract Documents
including all addenda, change orders, field orders, additional
drawings issued subsequent to the execution of the Contract, the
Engineer's clarifications and interpretations of the Contract
documents, and other Project related documents.
4. Conduct, in company with the Client, a final inspection of the
Project for conformance with the design conceptof the Project and
compliance with the construction contract documents, and approve
in writing final payments to the contractors.
O:\PROPOSAL\2002\TURNER COLLIE & BRADEN\02-496RPRO.DOC
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LJA ENGINEERING & SURVEYING, INC.
HOURLYLABORCOST-HOUSTON
January 2002
RANGE
LOWEST HIGHEST
Department Head 45.00 60.00
Project Manager 27.00 50.00
Engineer 24.00 40.00
Planner 34.50 49.00
Designer 24.00 34.00
. Draftsman 17.50 22.00
Resident Project Representative 26.50 35.00
Clerical 17.00 23.00
Project Surveyor 30.00 40.00
Survey Technician 26.50 30.00
PAYROLL BURDEN INCLUDES THE FOLLOWING:
FICA
Federal Unemployment Insurance
State Unemployment Insurance
Medical/Life Insurance
ESOP/Retirement Benefits
Merit Bonuses
Employee Reimbursables
Sick Pay
Holiday Pay
Vacation Pay
Workman's Compensation Insurance
Disability Insurance
OIPROPOSALI2002\TURNER COLLIE & BRADEN\02-496RPRO.DOC
A-7
LJA Engineering & Surveying, Inc. makes no warranty, either expressed or
implied, as to its services, including preparation of plans and specifications, cost
estimates, surveys or professional advice, except that they are prepared, issued
and performed in accordance with generally accepted professional engineering
and surveying practices. Owner agrees that the liability of LJA Engineering &
Surveying, Inc. for any negligence, error or omission in connection with the
services provided shall not exceed the total compensation received for said
services.
O:\PROPOSAL\2002\TURNER COLUE & BRADEN\02-496RPRO.DOC
A-9
EXHIBIT "B"
EQUAL EMPLOYMENT OPPORTUNITY
1. The Subconsultant will not discriminate against any employee or applicant for
employment because of race, color, religion, gender, national origin, age, ancestry, disability
or veteran status. The Subconsultant will take affinnative action to ensure that applicants are
employed and that employees are treated during employment, without regard to their race,
color, religion, gender, national origin, age, ancestry, disability or veteran status. Such action
shall 'include, but not be limited to, the following: employment; upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The
Sub consultant agrees to post, in conspicuous places available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The Subconsultant certifies that it has in place an equal employment opportunity
policy"that complies with the requirements of the Office of Federal Contract Compliance
under Section 503 of the Rehabilitation Act of 1973, as amended; the Americans with
Disabilities Act of 1.990,; and the Vietnam Era Veterans Readj ustment Act of 1974.
3. The Subconsultant will, in all solicitations or advertisements for employees placed
by or' on behalfof the Subconsultant, state that it is an Equal Opportunity Employer.
4. In the event of the Subconsultant's noncompliance with the nondiscrimination clause
of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in
part.
5. The Subconsultant will include the provisions of paragraphs 1. through 5. in every
subcontract, so that such provisions will be binding upon each subcontractor.
SCHEDULE OF HOURLY RATES, BILLING POLICIES
LIABILITY LIMITATIONS
January 2002
Personnel Charges
Services performed by staff shall be billed on the basis of "labor cost" of each
employee times a multiplier of 2.2.
Labor cost is defined as the cost of salaries paid to the Engineer's personnel plus
payroll burden, for social security contributions, federal and state unemployment
taxes, retirement benefits, medical and insurance benefits, sick leave, vacation,
and holiday pay applicable thereto.
Principals will be billed at a rate of$150/hour. .
Senior Consultants will be billed at a rate of$150/hour.
Intergraph CADD system will be billed at a rate of$25/hour plus operator time.
Expert Witness duties will be billed at a rate of$300/hour.
Reimbursable expenses such as reproduction, telephone, out-of-town travel
expenses and other non-labor charges directly related to the project will be billed
at cost in addition to the fees agreed upon for services 'rendered. Vehicle. •
mileage other than survey will be charged at a rate of $.34 per mile. Filing fees, •
permit fees and other special charges which are advanced on behalf of the client
will be billed on a similar basis plus a 10% service charge.
•
Surveying Services
Field party rate includes personnel, normal equipment, and supplies. Client
requested overtime shall be 1.5 times standard rate.
Survey Field Crew $125.00/Hour
GPS $50.00/Hour
Mileage shall be charged at the rate of 40 cents per mile for all travel.
Billings
Billings for services rendered will be made monthly and payment is requested
within fifteen (15) days of receipt of invoice. Unless special arrangements are
made, a finance charge of 1.5% per month will be added to unpaid balances
more than thirty (30) days old. LJA Engineering & Surveying, Inc. reserves the
right to stop work should invoices not be paid within the stated terms. The
amount of any excise, VAT or gross receipts tax that may be imposed for
professional services shall be added to the compensation as determined above.
O:\PROPOSAL\2002\TURNER COLLIE&BRADEN\02-496RPRO.DOC
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