R2001-0131 10-08-01RESOLUTION NO. R2001-131
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 JKC & ASSOCIATES,
INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE
WAGON WHEEL SUBDIVISION SEWER 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
JKC & 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 JKC & Associates, Inc. for engineering
services associated with the Wagon Wheel Subdivision Sewer Project.
PASSED, APPROVED and ADOPTED this the 8 dayof October ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'1-'13'1
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and JKC & Associates, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms.
shall be a part of this Contract:
Engineer:
Description of Project:
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attached Contract Document:
The following information and referenced documents
JKC & Associates, Inc.
Wagon Wheel Subdivision Sewer
$117,952
Upon execution
Upon completion
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 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
claims, damages, losses, and expenses including attorneys' fees arising out of or
2
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 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.
9. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
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
nullifying 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 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 8 dayof October ,200!
ATTEST:
APPROVED AS TO FORM:
CITY OF PEARLAND
Bill Eisen
City Manager
Darrin M. Coker
City Attorney
ATTEST:
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF ~/'~-- ~.~ ~-,C,.. §
,..~. BEFORE ME, the undersigned Notary Public, on this day personally appeared
;/! ~-~','~ , known to me to be the person whose name is
subscribed to the foregoing instrument and 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
~'~ ~ ~K"' , A.D., 20 o !
PERLA N, LEHMAN
Notary Public, State of Texas
My Commission Expires:
APRIL 2, 2005
.,/4) DAY OF
PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
/
STATE OF TEXAS §
~B~EFOR~,ME,.the. un_dersigned Notary Public, on this day personally appeared
~ (Y~t/~O~[.~[/'D~, known to me to be the person whose name is
s~bscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
R^ (~!VE.N UNDER MY "ANDA~qD SEAL OF OFFICE THIS /~ DAY OF
, A.D., 20U I .
NOTAR'C-DPUBLIC IN ,END FOI~ THE
STATE OF TEXAS
Printed Name:~'//A~ ~ ~--~/~
My Commission Expires:"~/~ ~
24 August, 2001
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Proposal for Engineering Services
Sanitary Sewer Extension for
Wagon Wheel Subdivision
Dear Mr. Mueller:
I sincerely appreciate the opportunity to provide this engineering services proposal. Per
our conversation, JKC & Associates, Inc. (JKC) proposes to offer the following services
in support of the referenced waterline and sanitary sewer construction project.
PROJECT DESCRIPTION
The scope of proposed improvements include installation of approximately 14,650 feet of
new 8" sanitary sewer line and appurtenances extending along Becky, Jerrycrest,
Larrycrest, Patridge, Willow, Cottonwood, Raza and Aubrell as shown on the attached
drawing.
We have attached a Preliminary Engineer's Estimate for this proposed work for your
review, and we anticipate a total project cost of $1,118,760 including construction,
engineering, surveying, and legal expenses. Please note that the figure included for Legal
expenses is a guess provided by JKC; the City may have a more informed approximation
for this cost.
SCOPE OF WORK
Upon authorization to proceed, JKC proposes to provide the following professional
services in support of this City of Pearland project:
JKC will provide site boundary and topographic surveys required for the base design
drawings.
JKC will provide site geotechnical investigations for use in designing the utility
improvements.
JKC will provide detailed engineering design of proposed sanitary sewer and
waterline improvements for the purposes of permitting, bidding and constructing the
project. The design will consist of a master layout sheet showing the extent of
improvements and plan & profile sheets showing the proposed improvements with all
required specifications and details. These engineering drawings will be generated in
accordance with City of Pearland development standards.
909 B West Main Street · League City, TX 77573 · phone: (281) 332-1120 · FAX: (281) 332-2466
Wagon Wheel Subdivision Sewer Extension
City of Pearland, Texas
Page 2 of 3
4. JKC will generate all required documents to bid the project.
5. JKC will provide eight (8) blueline copies of the plans for the purposes of bidding
and construction.
6. JKC will generate as-built drawings of water improvements incorporating field
changes as noted on marked-up plans provided by the City (or contractor).
7. JKC will provide one (1) set of mylar originals and two (2) blueline copies of the as-
built drawings upon completion of work.
Additional services shall only be performed when directed by the City of Peafland as they
are not considered normal and customary engineering services. Additional services may
include, but are not necessarily limited to:
Services resulting from significant change in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of the construction or method of financing and revising previously accepted
design documents or Contract Documents when such revisions are due to causes
beyond JKC's control.
· Preparation of documents for altemative bids requested by the City or documents for
out of sequence work.
· Preparing to serve as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of Contractor.
· Additional services not otherwise provided for in the Scope of Work.
JKC will endeavor to apprise the City of any potential or extended services that may
result from the above listed items, prior to JKC's expenditure of time on such services.
As previously noted, any such extended or additional services shall only be performed
-when directed by the City~ If additional services are required, they will be billed at the
following rates:
Project Manager $75/hour
Staff Engineer $ 55/hour
Draftsman $45/hour
Clerical $30/hour
JKC & Associates, Inc.
24 August, 2061
Wagon Wheel Subdivision Sewer Extension
City of Pcarland, Texas
Page 3 of 3
SCHEDULE
JKC expects it will take approximately sixty (60) days to collect the survey information
required for design once the City gives authorization to proceed. It will then take
approximately thirty (30) days to generate the construction drawings and prepare the bid
documents. Once the bid documents are generated, the project will proceed according to
the City's schedule for advertising, collecting and opening the bids.
LUMP SUM PROPOSAL
JKC proposes to provide these services for the lump sum fee of $64,402 for engineering
services and $53,550 for surveying (see attached proposal for C.L. Davis & Co.). This
amount represents a fee of about 11.9% of estimated construction cost for engineering &
surveying.
Invoices will be generated monthly according to percent of work done during the
previous billing cycle, and JKC asks for payment within thirty days.
Thank you very much for the opportunity to submit this proposal, and I look forward to
working with you. Feel free to call me at (281) 332-1120 if you have any questions.
Sincerely,
JKC & Associates, Inc.
stian, P.E.
JKC & Associates, Inc.
24 August, 2001
TERRELL
SHARONDALE
PROP 8'* SAN ~
~LLOW
PROP 8# SAN
COTTONWOOD
- P. RO_~ ~" s^~ · __
RAZA
COLONIAL
cONFEDERA'~
SPRINGCREEK
WAGONWHEEL SUBDIVISION
SEWER IMPROVEMENTS
CITY OF PEARLAND
JKC & Associates, Inc.
909B West Main Street
2eague City, Texas 77573
81) 332-1120
WAGON WHEEL SUBDIVISION SEWER
PRELIMINARY ENGINEER'S ESTIMATE
Auc, lust 24, 2001
ITEM QTY UNITS COST COST COMMENT
SITE WORK
Mobilization 1 LS 15,000.00 15,000.00
Traffic Control 1 LS 25,000.00 25,000.00
Seedin~ & Fertilizin~l 9.4 AC 2,000.00 18,800.00
SUBTOTAL SITE WORK 58,800.00
PAVEMENT
Reconstruct Shoulders 3,033 SY 7.50 22,747.50
Reslope Ditches 27,300 LF 2.50 68,250.00
Millin~l Existin~l Pavment 34,000 SY 5.50 187,000.00
1" Asphalt Overla~, 34,000 SY 3.00 102,000.00
SUBTOTAL PAVEMENT $379,997.50
SANITARY SEWER
Precast Concrete MH (<8' deep) 26 EA 1,450.00 37,700.00
Precast Concrete MH (8'-10' deep/ 16 EA 1,750.00 28,000.00
8" PVC Sewer pipe 14,650 LF 18.50 271,025.00
Service Stacks 8 EA 400.00 3,200.00
Lon~l service leads 62 EA 475.00 29,450.00
Short service leads 70 EA 250.00 17,500.00
SUBTOTAL SANITARY 386,875.00
Construction Subtotal 825,672.50
Contingency 20% 165,134.50
CONSTRUCTION TOTAL $990,807.00
ADMINISTRATIVE
Engineering & Geotechnical 6.5% $64,402
Surveying $53,550
Legal $10,000
ADMINISTRATIVE TOTAL $127,952.46
PROJECT TOTAL I
$1,118,759.46
Construction total shown assumes existing pavement will be rehabilitated with a 1" pavement overlay. Construction
costs will increase by approximately $367,000 for a full pavement reconstruction,
C.L. DAVIS & COMPANY
LAND SURVEYING
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
(281) 482-9490
FAX (281) 482-1294
E-MAIL: cldavisc@gte.net
August 21, 2001
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re:
Pearland Water and Sewer Extension Bounded by Harkey Road, Becky
Street, Aubrell, and Raza Street (Estimated 14,000')
Dear Mr. Mueller:
Our proposal for land surveying services for the above referenced project is as follows:
Specifically, our proposal covers the following item(s):
1, Establish right-of-way lines of Becky Street from Harkey Road
to Aubrell; Aubrell from Becky Street to extension of Raza
Street; Raza Street from Harkey Road to dead end;
Cottonwood Street from Harkey Road to dead end; Willow
Street from Harkey Road to dead end; Patridge Street from
Harkey Road to Aubrell; Larrycrest from Harkey Road to
Wagon Trail and ]errycrest from Harkey Road to Wagon Trail ........ $13,650.00
2. Topographic survey of streets referenced above (from 20'
north and south of right-of-way lines at 50' cross sections) ........... $33,700.00
3. Stake construction baseline at beginning, end, angle points
and 500' stations (estimated 28 points) and establish Texas
State Plane Coordinates on control points ........................................ $6,200.00
Total Amount of Proposal .................................................................... $53,550.00
The following items will be invoiced at cost:
Reproductions
Submittal fee(s) to governmental agencies
2001-098 JKC Pearland Streets 3.doc
Delivery service
Electronic Mail
Abstracting
Payment of all invoices is due thirty days from receipt. Any changes or revisions in the scope
of the project after authorization to proceed will be billed on an hourly basis as described
below:
Principal
Registered Professional Land Surveyor (RPLS)
Technical/Cadd
Three-man field crew
Data Collection
Clerical
$125.00
$85.00
$70.00
$110.00
$30.00
$45.00
All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701
North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints
about surveying services should be sent to the above address to the attention of Complaints
Officer of the Board.
Thank you for the opportunity to submit this proposal and we look forward to working with
you.
Sincerely, Approved & Accepted
C.L. Davis, R.P.L.S.
Mr. Alan Mueller
City of Pearland
2001-098 JKC Pearland Streets 3,doc
CITY OF PEARLAND
STANDARD AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
This Amendment (hereinafter "Amendment") is made between the City of
Pearland, Texas (hereinafter"City!'), and JKC & Associates, Inc. (hereinafter
"Consultant") to amend that consultant services contract (the "COntract'') between the
City and the Consultant executed on October 8, 2001 for Engineering Services
associated with the FiteNVagontrail/Hatfield Area Water & Sewer.
1. Amended Terms. The City and the Consultant hereby agree that the Contract is
amended as follows:
A. Increase Maximum Contract Amount from $141,436 to $151,666
Increase of $12,230.00 for change in Scope of Work for Engineering Services.
B. See Attachment for additional services.
2. Contract to Remain in Force. Other than the provisions of the Contract expressly
amended herein, the Contract shall remain in full force and its enforceability shall be
unaffected by this Amendment.
EXECUTED and EFFECTIVE as of the 7 day of ~_
CITY OF PEARl,AND /
Signature: /~//~/~//~ ~/~._,~
/
CONSUL~ _
17 February 2003
Mr. Joe Wertz
CityofPearland
3519 Liberty Drive
Pearland, TX 77581
Change Order Request No. 2
Fite/Wagontrail/Hatfield Area Water & Sewer
P.O. No. 020316
Dear Joe,
Please accept this request for a change order to the referenced design contract between
the City and JKC & Associates, Inc. The cost change was based upon a change in the
scope of work for engineering services as requested by the City's Program Management
group.
Specifically, the additional work includes:
1. Provide design of approximately 1,000 If of 8" waterline t° replace an existing 6"
waterline in Hatfield heading south from Fite and modify the previous design
showing an additional 1,000 lf of 8" continuing south to Mary's Creek.
2. Provide design of approximately 2,700 If of 18" sanitary sewer in Harkey from
Fite Road to Broadway (F.M. 518). This work is a modification of the previous
design that extended a 12" line north from Fite to Josephine.
These changes required modification to existing plan sheets and addition of new plan
sheets which were not included in the negotiated scope of work. This additional work
has already been completed.
The requested compensation for this additional work is $12,230.00, bringing the total for
engineering & geotechnical to $ 82,401.00 (representing a fee of 5.5 % of the revised
construction cost of $1,502,045).
Please do not hesitate to call me at (281) 309-9100 if you have additional questions.
Sincerely,
JKC & Associates, Inc.
~n C~istian, P.E~
c: File 01-0702
2820 Main Street. Dickinson, TX 77539 · phone: (281) 309-9100 · FAX: (281) 309-9300