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R2002-0029 02-25-02RESOLUTION NO. R2002-29 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 QUADRANT CONSULTANTS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE MYKAWA ROAD WATER AND SEWER RELOCATION 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 Quadrant Consultants, 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 the original of the attached Contract for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the 25 day of F/et~ruar.¥ TOM REID MAYOR , A.D., 2002. ATI'EST: APPROVED AS TO FORM: DARR1N M. COKER CITY ATTORNEY Exhibit "A" F~2002-29 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Quadrant Consultants, 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: Quadrant Consultants, Inc. Relocation of Water & Sewer Utilities along Mykawa Road $38,283.02 February 25, 2002 Sixty Days After Issuance of Certificate of Completion of Construction (Estimated April 2004). Estimated Time of Completion of Plans and Specifications (August 2002) Attachment A - Proposal 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 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. 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 2 to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, Io~, damage, ~uit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions, 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. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE as of the 25 day of February ,2002 CITY OF PEAP,_L~'D Signature: Name/Title: City Manager Name/Title: STATE OF TEXAS § COUNTY OF '~ ,,'~.- Z~,,-'~,:L-. § BEFORE ME, the undersigned Notary Public, on this day personally appeared '~----~1'/I ~;~,.,, 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 ,2~ DAY OF , A.D., 20 o A.. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: '~-~--,,'/~- ,,x/~,' My Commission Expires: STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared '~4~.f ~. %!~,-,~ , 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. DAY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~/6Y~ ,A.D.,20 0,.~ . '"'.:;.,~?.:.'>'-';;~;';;-f..' NOVR n~ ,,,,,,, .', ,._.~ARY PUBLIC IN AND FOR THE 'EMBE~ STATE OF TEXAS Printed Name: ~ (~A¢ ~,'/'~'¢ My Commission Expires: 7322 SW Freeway, Suite 470 Houston, TX 77074 Tel 713.779.2990 Fax 713.779.3727 Email qci@qconsultants.com Website www. qconsultants.com QUADRANT CONSULTANTS INC. January 1 O, 2002 Mr. A1 Hague Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: REVISED Proposal to Provide Professional Engineering Services for the Relocation/Adjustment of Various City of Pearland Owned Utilities along Mykawa Road Dear Mr. Hague: Thank you for allowing us to submit our proposal for the above referenced services. Our proposal considers the fact that we are currently the Design Professionals for the Mykawa Road Widening Project from Beltway 8 to McHard Road. It appears, from the information you provided and the limited amount of topo we have from the current project (Mykawa Road Widening), that approximately 1200 linear feet (LF) of 8-inch waterline would be under the proposed roadway pavement for Mykawa Road. There also appears that approximately 450 LF of 8-inch sanitary wastewater line, located east of Mykawa Road and north of Scott Lane, will be under the proposed roadway pavement for Mykawa Road. The existing sanitary wastewater pump station located in the vicinity of Scott Lane at Mykawa Road is in conflict with the proposed roadway pavement. From the information you provided, it is not clear as to the exact location of the sanitary wastewater 4-inch force main, which runs along the east side of Mykawa Road. This line could be very close to the proposed roadway pavement (See Exhibits 1 and 2). We understand that the City does not have any record construction drawings for the existing lift station and that this will need to be a new design and new drawings prepared. The only information you have provided for the lift station is a sketch showing inflow from three 8-inch lines and one 12-inch line. We have added an assumed flow from an existing 4-inch force main as mentioned above, which we believe to discharge into this lift station. In an attempt to determine the lift station capacity, we computed flow for the incoming pipes flowing full at standard slopes to be 3.0 million gallons per day. Flow from the 4-inch force main was assumed to have a pumping rate of 232 gallons per minute at 6 fl./sec, or 0.3 million gallons per day. This gives a total lift station capacity of 3.3 million gallons per day, which forms the bases of our proposed design. The new pump station will be located immediately east of the proposed east right-of-way line for City of Pearland REVISED Proposal for Engineering Services Utility Relocation/Adjustment along Mykawa Road January 10, 2002 Page 2 Mykawa Road. We further assume that no discharge permit will be required through TNRCC. In a meeting held at your offices Tuesday, October 30, 2001, you requested that the 8- inch waterline between Comal Street and Knapp Road be replaced with a 12-inch waterline along the same side of Mykawa Road, as is the existing waterline. Additionally, you requested that we provide for installation of a 12" x 16" cross located in the southwest quadrant of Mykawa Road and McHard Road intersection. There will be a 16-inch lead pipe with a valve and plug extending east across Mykawa Road. A 16- inch valve and plug will be installed on the west side of the 12" x 16" cross. We propose to design and relocated approximately 2,000 LF of 12-inch waterline and approximately 450 LF of sanitary wastewater line, located east of Mykawa Road. There will be 17 feet between the face of the curb on the proposed roadway for Mykawa Road and the east right-of-way line. For the most part, this 17 feet will be shared by the new 12-inch waterline and a new proposed storm sewer line size ranging from 24 to 48-inch diameter pipe. In addition, we propose to redesign the sanitary wastewater pump station to a location just outside the Mykawa Road right-of-way and adjacent to the existing easement. This location will require the acquisition of a site to contain the pump station. Our proposal includes some cost for surveying and geotechnical investigation. Also included is a legal description and tract map for the pump station site. We have preliminarily estimated the construction cost for the waterline replacement to be approximately $111,780.00, the estimated construction cost for the sanitary wastewater line is $9,315.00, and the estimated construction cost for the pump station relocation is $303,600.00 (includes Cost of Site). These costs include a 15% contingency. QCI will prepare Plans, Specifications and Estimates for the utility relocation/adjustment. It is anticipated that these plans may be included with the plans for the Mykawa Road Widening Project. Our estimated fee to accomplish this work is $38,283.02. A cost breakdown is shown in Attachment A. We look forward to proceeding with the project in accordance with your direction. Please do not hesitate to call if you have any questions. Sincerely, QUADRANT CONSULTANTS INC. Vice President Enc. iz ~o ~U.I ZI~ Z 0 · Z(( ?:(~ Z.Z. 00© © ~_