R2000-098 09-25-00RESOLUTION NO. R2000-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH CARTER & BURGESS, INC. FOR
ENGINEERING SERVICES ASSOCIATED WITH THE SHADOWCREEK
PARKWAY SEWER PROJECT, PHASE II
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
Carter & Burgess, 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 Carter & Burgess, Inc. for engineering
services associated with the Shadowcreek Parkway Sewer Project, Phase II.
PASSED, APPROVED and ADOPTED this the 25 day of September
A.D., 2000.
0-92
TOM REID
MAYOR
ATTEST:
R
RETARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Carter & Burgess, Inc., (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer:
Description of Project:
Maximum Contract Amount:
Contract Begins:
Contract Ends'
Attached Contract Document:
Carter & Burgess
S hadow Creek Ranch Phase II Sanitary Sewer
Trunk Lines
$66,576
U pon execution
U pon completion
Exhibit A — Engineer's Scope of Services and
Compensation
Exhibit B — Map of Proposed Improvements
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. Progress payments may be requested by
Engineer based on the amount of services completed. Payment for the services of
Engineer shall be due and payable upon submission of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any
governmental body after the execution of this Contract will be added to Engineer's
compensation.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt 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
1
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 9 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 The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a Notice -
to -Proceed. The Work Schedule shall be submitted in digital and paper form, in the
Microsoft Project for Windows format. The Work 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 Work 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 work
schedule through no fault of the Engineer, additional contract time will 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 and end on the dates shown
above. 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
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 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
2
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. Construction Representation. If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the contract documents. In performing these
services Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors, Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods techniques sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project.
8. 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 Tess 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.
3
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.
9 Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
e mployees, 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
e rrors 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.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. 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.
12. 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
n ullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. 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 and arbitration as follows:
A. Mediation. If a dispute apses 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.
4
B Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing
of any suit, any controversy or claim arising out of or related to this Contract shall
be settled by binding arbitration in accordance with the Federal Arbitration Act and
the Commercial Arbitration Rules of the American Arbitration Association, and
judgment upontheaward rendered by thearbitrator(s) may be entered in any court
having jurisdiction thereof. The parties may agree in writing to use any other
arbitration procedures or rules in lieu of those specified in this paragraph.
dayof n_� 26 htfl44 *2000.
EXECUTED and EFFECTIVE s of the
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST:
"(Au\
_
CITY OF .PEARL N
7)1
By: /a, di, ,,ad, ,,
City Manager
Carter & Burgess, Inc., Engineer
By:
Printed Name: Piiiii°41, Li /Cro w ,. Printed N
Title: 'lice
�, - Title: it �9
��� s
Date: 9/Z(/oo Date: 0� DO
STATE OF TEXAS
COUNTY OF /4011--Rd S
BEFORE ME, the undersigned Notary Public, on this day personally appeared
lie 14- aj 6L-AL ISA-6LPUCS , 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 SEAL OF OFFICE THIS a.,
SC-P7 (h 86.-tZ , A.D., 20 00
`l.
°
%<,�ti(Pje�%
iNO ARY PUBLICN AND FOR THE
e®
• • or
ftsz
°�T9TF 0. •
A •
O
°••;XIS °.°e� 1a o
�
°%0rl5iIi11H\\
STATE OF TEXAS
COUNTY OF B retori a
§
STATE OF TEXAS
Printed Name: r,.0 FG- L:
My Commission Expires' O ` -?S� 0 3
S+ DAY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
R I a w R M u. e Ilwe 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 SEAL OF OFFICE THIS 29 *'' DAY OF
Sef4t,.,�.bee , A.D., 2000 .
pN, PV9
IISA D. JONES
JL NOTARY PUBLIC • STATE OF TEXAS
�/��)' MY COMMISSION EXPIRES
SEPTEMBER 21, 2003
'NI. "sm.
N OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
P rinted Name: L► S a b- So Nes
My Commission Expires: 9/)-1 J 0 3
6
CONTRACT FOR ENGINEERING SERVICES FOR SHADOW CREEK RANCH
PHASE 1I SANITARY SEWER TRUNK LINES
Exhibit A - Engineer's Scope of Services and Compensation
A. DEFINITION OF PROJECT
The role of the Engineer is to provide the Engineering services necessary to
assist the client with the design, bidding and construction phase activities of the
Shadow Creek Ranch Phase II Sanitary Sewer Trunk Lines as identified in
Exhibit B. It is the intent of the Client to obtain the design of a project with an
actual construction cost of approximately $1,500,000. If the actual construction
value is less than $1,500,000 the Engineer will provide adequate information for
the construction contractor to extend the large diameter sewer line along Kirby
at the unit price bid thru a change order so that a $1,500,000 construction value
is obtained.
The Engineer will also assist City staff in coordination with the Texas Water
Development Board (TWDB) for the use of the existing State Revolving Fund
(SRF) loan. it has been indicated from the TWDB that significant changes to
the existing Engineering Feasibility Report (EFR) and Environmental
Information Document (EID) will not be required.
B SCOPE OF SERVICES
Task No. 1 - Pre Design Investigations
Carter & Burgess, Inc. will sub -contract with a firm authorized by the City of
Pearland for geotechnical investigations for the areas identified in Exhibit B
Carter & Burgess will also prepare letters and exhibits to be sent to the TWDB
for amending the existing EFR and EID. Preparing and issuing a new EFR and
EID is not anticipated and is not included in the scope of services, nor is
attending public meetings or hearings on the project.
The City of Pearland will provide either directly or through other consultants the
following services to Carter & Burgess: easement determinations, topo surveys,
control staking, stockpile exhibit, and coordination of the plans with the
developer. The easement determinations and topo surveys must be recieved
prior to starting task number 2.
Task No. 2 - Design Phase Services
Carter & Burgess, Inc will issue plans & specifications for the sanitary sewer
lines identified in Exhibit B. Carter & Burgess will utilize the specifications
developed for the Shadow Creek Phase I project The front end documents and
general requirements of the existing specifications will be modified in
accordance with the requirements of the Phase II project. The technical
sections of the specifications will not be modified New plan and profile sheets
will be developed at a 1" = 40' scale for the proposed areas.
Plans will be submitted to the City of Pearland, TWDB and the developer for
simultaneous review. When all review comments are received they will be
Page 1 of 4
incorporated into a final set of plans and specifications and will be sent to the
TWDB and City of Pearland for final approval.
Design phase services will be considered complete when an authorization to
advertise is received from the TWDB.
Task No. 3 - Bidding & Construction Phase Services
Bidding services will include hosting one (1) pre -bid meeting, issuing all required
addendums, attending the bid opening, issuing a tabulation of the bids,
reviewing the contractors Minority / Women Business Enterprise (MWBE)
documentation and issuing a recommendation for award This information will
be sent to both the TWDB and the City of Pearland. The City of Pearland will
be responsible for sending all other required documentation to the TWDB in
order to receive the authorization for award.
Construction services will include one (1) pre -construction conference, shop
drawing review, answering RFIs, addressing change orders, once a month site
visits, approving pay estimates and a final inspection of the project.
C. DELIVERABLES
The following deliverables are included in the contract price:
2 sets of preliminary plans and specifications for City of Pearland review
3 sets of preliminary plans and specifications for TWDB review
2 sets of preliminary plans for Developer coordination
4 sets of final plans and specifications for the City of Pearland
2 sets of final plans and specifications for TWDB
1 set of final plans and specifications for the Developer
3 sets of final plans and specifications for the construction contractor
D. BASIS OF COMPENSATION
Task No. 1 - Pre Design Investigations
A. Easement determinations, topo surveys, control staking, stockpile
exhibit, and coordination of the plans with the developer will be provided
by the City of Pearland.
Total $0
B. Geotechnical services will be sub -contracted to Terra -Mar, Inc. These
costs are based on a proposal submitted by Terra -Mar to Carter &
Burgess dated July 12, 2000. Geotechnical services will be invoiced on a
time & materials basis.
Borings, laboratory & offices services $22,396
Page 2of4
These services will be invoiced at cost plus 10%
Total $24,636
C. Preliminary TWDB Coordination within the scope of services will be
invoiced based on the following lump sum amount.
Total $ 3,000
Task No. 2 - Design Phase Services
Design phase services will be preformed directly by Carter & Burgess and will
be invoiced based on a lump sum basis.
Total $22,260
Task No. 3 - Construction Phase Services
Construction phase services will be preformed directly by Carter & Burgess and
will be invoiced based on a lump sum basis. Invoicing will not match percent
complete of construction on the project.
Total $16,680
Reimbursable Expenses
The cost of local milage, courier service and reproduction of the deliverables
listed in section C is included in the contract price. Additional reimbursable
expenses will be invoiced at cost plus 10%. This includes additional plans and /
o r specifications requested by the City of Pearland, the City's Consultants or
authorized representatives and state agencies. Reimbursable expenses also
include up to five additional borings if unexpected soil conditions are
e ncountered. The cost of additional borings would be $850 each plus 10%. It
is recommended that $5,000 be set aside for additional reimbursable expenses
o n the project.
Additional Services
Work beyond the existing scope of services will not proceed until the cost of
additional funding is negotiated or authorization to proceed is received by Carter
& Burgess, using the attached rate schedule
Total Contract Amount (With out Reimbursable Expenses) $66,576
E. SOURCES OF FUNDING
A portion of the total contract amount will be shifted from an existing contract between
Carter & Burgess and the City of Pearland. The 'Contract to Provide Final Design &
Construction Administration for Fite -Harkey, West -Lea, Far Northwest, and FM 518"
dated 3/16/1999 contained funding for a lift station in the amount of $29,875 which the
City of Pearland has decided not to proceed with. An amendment to the above
Page 3 of 4
referenced contract authorized funding for parcel surveys at a unit cost of $1,131 each.
Of the parcels authorized, the C ty of Pearland has removed seven (7) of the parcles
from the scope of work totaling $7,917.
By approving this contract, the shifting of $37,792 from the "Contract to Provide Final
Design & Construction Administration for Fite -Harkey, West -Lea Far Northwest, and
FM 518" is authorized along with $28,784 in additional funinding.
F. RATE SCHEDULE
Carter & Burgess:
Position
Project Director
P roject Manager
P roject Engineer
P roject Designer
Environmental Scientist
Technician/CADD Drafter
Engineering Aide/Clerical
Hourly Rate
$120.00
$100.00
$ 85.00
$ 75.00
$ 75.00
$ 60.00
$ 40.00
G:\1999-\99-3064.040\Shadow Creek Phase II Proposal - Revised.wpd
Page 4of4
PROJECTIONS FOR SHADOW CREEK PHASE II
Man-hour estimate for Shadow Creek Phase II TWDB Coordination
27 hours EIT
8 hours PE
Total
Man-hour estimate for Shadow Creek Phase II Design
15 New P&P Sheets @
3 Modify Cover, Area Map & Gen Notes
4 Layout Sheets
1 Traffic Control
4 SWPPP
2 Detail Sheets
80 hours EIT
40 hours PE
10 hr CADD each =
1 hr CADD each =
4 hr CADD each =
1 hr CADD each =
4 hr CADD each =
1 hr CADD each =
Reproduction
Total Design Phase Services
Does not include Survey, Geotech or ROW work
Man-hour Estimate for Shadow Creek Phase II Construction
EIT
8
8
60
12
20
60
Pre Con
Substantial Completion Inspection
Submittal Review
Pay Estimate Review
RFI / Change Orders
Monthly Site Visits
Total hours
Total Cost
Total
168
$ 12,600
$ 2,320
$ 680
$ 3,000
$ 9,750
$ 195
$ 1,040
$ 65
$ 1,040
$ 130
$ 6,000
$ 3,400
$ 640
$ 22,260
PE
4
8
8
4
8
16
48
$ 4,080
$ 16,680
Project Estimate for Geotechnical Services
Description
Unit
Price
Unit
Measure
Quantity I Amount
Field
Investigation:
1,
26'; 4,
19';
4,
23'; 2 29';
10,
27'; 3, 28'
-
Total
Drilling
Footage
=
606
1
$250
Mobilization/Demobilization
$250.00
LS
Drilling/Sampling/Logging
$11.00
FT
606
$6,666
HR
30
$1,500
$50.00
Field
Engineer
HR
30
$900
Flagman/Technician
for
Traffic
Control
$30.00
Subtotal
$9,316
Laboratory
Services
$40.00
EA
60
$2,400
Atterberg
Limits
(ASTM
D 4318)
Moisture
Content
(ASTM
2216)
$4.00
EA
100
$400
2166)
$30.00
EA
65
$1,950
Unconfined
Compression
(ASTMD
No.
200
Sieve
(ASTM
D 1140)
$25.00
EA
60
$1,500
Percent
Material
Passing
Subtotal
$6,250
Office
Services
Senior Geotechnical
Engineer,
P.E.
$105.00
HR
24
$2,520
$65.00
HR
60
$3,900
Project
Engineer
$40.00
HR
8
$320
Draftsman
&
Engineering
Aide
Report
Reproduction
(3)
$30.00
Unit
3
$90
Subtotal
$6,830
Subtotal
$22,396
Contract Administration (10%)
$2,240
TOTAL[ $24,636
99-3064.010\pub\doc\projectest.prop Page 1 of 1