R99-054 07-26-99RESOLUTION NO. R99-54
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 WALSH ENGINEERING, INC. FOR AN
ENGINEERING STUDY TO UPDATE THE CITY OF PEARLAND'S WATER
AND SEWER IMPACT FEES.
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 Walsh
Engineering, 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 with
Walsh Engineering, Inc., for and on behalf of the City of Pearland, for an engineering
study to update the City of Pearland's water and sewer impact fees.
and ADOPTED this the ~C0'kh day of
APPROVED
, A.D., 1999.
PASSED,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTO RN EY
EXHIBIT "A"
WALSH ENGINEERING, INC.
OF PEARLAND
WILLIAM C. WALSH, P.E.
President
2010 Broadway, RO. Box 760
PEARLAND, TEXAS 77588-0760
281/485-2404 FAX 281/485.4322
January 4, 1999
SCHEDULE OF PER DIEM CHARGES
Hourly Rates'
Principal of Firm
Senior Project Manager
Professional Engineer-Project Manager
Registered Professional Land Surveyor
Design Engineer
Sr. CADD Designer
CADD Operator
Resident Construction Inspector
Drafting, Computation
Clerical
Chief Surveyor
Survey Technician
Survey Party (includes equipment and supplies)
$125.00
95.00 to 105.00
65.00 to 75.00
55.00 to 65.00
45.00 to 55.00
45.00 to 55.00
35.00 to 45.00
50.00
35.00 to 45.00
40.00 to 45.00
50.00 to 60.00
40.00 to 50.00
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
$75.00/HR
$87.50/HR
$100.00/HR
Miscellaneous Charges
Transportation by Company Vehicle - $0.31/mile
Transportation by Commercial Carrier - Invoice + 10%
Subcontractor and direct non-labor expense such as
subsistence, telephone tolls, etc. - Invoice + 10 %
Reproduction work at prevailing commercial rates
Appearance in court by Principal of Firm - $800/day or major
fraction thereof
The Staff charges specified above are based on the work time required and the salary cost of
the employee engaged times a factor of 2.84. Salary cost is defined as the cost of base salaries
chargeable to the Project, plus 29 % for social security contributions, unemployment, excise
and payroll taxes, medical and insurance benefits, sick leave, vacation, holiday benefits and
like items. Management and clerical time for general supervision and administration is
considered overhead.
CONSULTING ENGINEERS HOUSTON · PEARLAND
AGREEMENT FOR ENGINEERING SERVICES
PUBLIC IMPROVEMENTS
THE STATE OF TEXAS§
COUNTY OF BRAZORIA
THIS AGREEMENT MADE, entered into and executed this the ~ y ~ . da of
1999, by and between the City of Pearland, Texas, acting herein by and through its ty
Manager who is duly authorized so to act for and in behalf of said City, bereinafter called the
"Owner" and Walsh Engineering, Inc., of Pearland, Texas, hereinafter called the "Engineer".
WITNESSETH that whereas the Owner intends to update its 1996 Water and Sewer Impact
Fee Study, such study is hereinafter called the "Project".
NOW, THEREFORE, the Owner and the Engineer in consideration of the mutual covenants
and agreements herein contained do mutually agree as follows:
SECTION I Employment of Engineer
The Owner agrees to employ the Engineer and the Engineer agrees to perform professional
engineering services in connection with the Project as stated in the section to follow, and for
having rendered such services, the Owner agrees to pay to the Engineer compensation as
stated in the Section to follow.
SECTION II Character and Extent of Services
The Engineer shall render the following professional services necessary for the development of
the Project:
Meet with City staff to define the project in detail and secure reports, maps,
and other available drawings which are needed for the project update.
,
Discuss with and obtain from the City current information on land use,
population, housing data, etc.
,
10.
11.
12.
13.
14.
15.
16.
Discuss with and obtain from the City a preliminary list of water and sewer
capital improvements needs to aid in updating the water and sewer
development plan for 1999-2009.
Review previous reports, demographicai information, and the preliminary
water and sewer capital improvements needs.
Update 1996 land use assmptions.
Update 1996 population and housing data, using computer data base to get
the 1999-2009 projections.
Develop updated construction costs associated with the water and sewer
capital improvements program.
Study current usage rates for possible modifications to rates and/or addition
of more usage classifications.
Identify those costs eligible for impact fee reimbursement and update the
1996 impact fees in accordance with State Law.
Update the 1996 Water and Sewer Impact Fee study.
Based on available capital improvements costs and projected service units,
develop water and sewer impact fees for the proposed Shadow Creek Ranch.
Prepare a supplemental report to the 1999 Impact Fee study to include the
proposed impact fees for the proposed Shadow Creek Ranch.
Prepare and submit draft report for City review.
Assist the City staff at a public hearing and the City Council.
Conduct two periodic meetings with the City staff to discuss the progress of
the project.
After incorporating the City's comments, submit ten (10) copies of the bound
final report to the City.
SECTION IH - Period of Service
Upon authorization to proceed, the Engineer will proceed with the performance of the services
called for in Section H of this agreement so as to deliver a draft of the final report within
ninety (90) calendar days. The final report will be complete within thirty (30) calendar days
after the receipt of the City's comments.
SECTION IV - Coordination with the Owner
The Engineer shall hold periodic meetings with the Owner, or his representatives, to the end
of the Project, as perfected, and shall have full benefit of the Owner's experience and
knowledge of existing needs and facilities, and be consistent with his current policies and
standards. To implement this coordination, the Owner shall make available to the Engineer
for use in planning the Project, all existing plans, maps, statistics, computations and other data
in his possession relative to existing facilities and to the Project.
SECTION V - Fees
On assignments of this type, a cost and time (per diem) basis for compensation is usually
the most realistic method of charging for services. Only those costs actually incurred will be
charged. At present we estimate the compensation to our firm for this project to be:
Walsh Engineering, Inc.
CDS Research (Market Study) - Subconsultant plus 10%
Printing & Marketing Data Purchase Allowance
$28,000.00
3,960.00
400.00
TOTAL ESTIMATED FEE
$32,360.00
We shall not exceed these amounts without the Owner's reauthorization. The Engineer shall
submit monthly statements for services rendered. Charges shall be per Engineer's Schedule of
Per Diem Charges (Exhibit "A "). The Owner shall make prompt monthly payments in
response to the Engineer's monthly statement.
SECTION VI - Standards of Performance
The standard of care for all professional engineering and related services performed or furnished
by Engineer under this Agreement will be the care and skill ordinarily used by members of
Engineer's profession practicing under similar circumstances at the same time and in the same
locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise,
in connection with Engineer's serves..: -)
/ f','
Engineer shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and Owner shall not be responsible for discovering deficiencies therein. Engineer shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deviancies in Owner-furnished information.
Engineer shall perform or furnish professional engineering and related services in all phases of
the Project to which this Agreement applies. Engineer shall serve as Owner's prime professional
for the Project. Engineer may employ such Engineer's Consultants as Engineer deems necessary
to assist in the performance or furnishing of the services. Engineer shall not be required to
employ any Engineer's Consultant unacceptable to Engineer.
Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of
all requirements, programs, instruction, reports, data, and other information furnished by Owner
to Engineer pursuant to this Agreement. Engineer may use such requirements, reports, data, and
information in performing or furnishing services under this Agreement.
Owner shall make decisions and carry out its other responsibilities in a timely manner and shall
bear all costs incident thereto so as not to delay the services of Engineer.
Engineer shall not be required to sign any documents, no matter by whom requested, that would
result in the Engineer's having to certify, guarantee or warrant the existence of conditions whose
existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with
the Engineer or payment of any mount due to the Engineer in any way contingent upon the
Engineer's signing any such certification.
Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor' s failure to furnish and perform the Work in accordance with the Contract Documents.
SECTION VII - Revision to Report
The Engineer will make, without expense to the Owner, such revisions of the report as may be
required to meet the needs of the Owner. After a definite plan has been approved by the Owner,
if a decision is subsequently made which, for its proper execution involves extra services and
expenses for changes in, or additions to the reports, or other documents, or if the Engineer is put
to labor or expense by delays imposed on him from causes not within his control, the Engineer
shall be compensated for such extra services as outlined in this agreement. Compensation for such
extra services and expenses shall be as shown in "Exhibit A" (Schedule of Per Diem Charges) of
this agreement.
SECTION VIII - Ownership of Documents
All documents, including original report, cost estimates, maps, electronic files, and data are and
remain the property of the Owner. The Engineer shall retain in his files reproducible copies of
drawings, and copies of other documents, in consideration of which it is mutually agreed that the
Engineer will use them solely in connection with the Project.
When transferring documents in electronic media format, Engineer makes no representations as
to long term compatibility, usability, or readability of documents resulting from the use of
software application packages, operating systems, or computer hardware differing from those used
by Engineer at the beginning of this Project.
If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
SECTION IX - Arbitration of Disputes
Any controversy hereafter arising between Owner and Engineer in connection with this Agreement
and any liability or claimed liability created hereunder or incident hereto or pertaining to the
enforcement of any provision, condition or covenant contained herein shall be submitted to
arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this
provision for arbitration by giving the other party notice in writing demanding that such
controversy be submitted to arbitration, which notice shall also contain the appointment of an
arbitrator by the demanding party. The party receiving such notice of arbitration must, within
five (5) days after receiving same, mail to the demanding party a notice of appointment of a
second arbitrator. Such two arbitrators shall meet forthwith and agree in writing upon a third
arbitrator, and shall immediately give the parties written notice of the third arbitrator's
appointment.
If the party upon whom the demand for arbitration is served fails to give the demanding party the
required notice of the appointment of the second arbitrator within the required five days, the
demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint
the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten
days from the date the second arbitrator was appointed, either party may apply to the court, under
such Article 226, for the appointment of the third arbitrator.
The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such
award shall be governed by the Texas General Arbitration Act, Articles 224 through 238-6,
inclusive, Revised Statutes of 1925, as amended.
This entire Section IX providing for arbitration shall survive the termination of this Agreement
under any of its provisions, and any controversy between Owner and Engineer existing when the
Agreement terminates shall continue to be subject to arbitration hereunder.
SECTION X -Te~ination
Either party to this Agreement may terminate the Agreement by giving to the other thirty days
notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon
expiration of the thirty day period, the Engineer shall discontinue all services in connection with
the performance of this Agreement and shall proceed to cancel promptly all existing orders and
contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as
practicable after receipt of notice of termination, the Engineer shall submit a statement, showing
in detail the services performed under this Agreement to the date of termination. The Owner shall
then pay the Engineer promptly that potion of the prescribed charges which the services actually
performed under this' Agreement bear to the total services called for under this Agreement, less
such payments on account of the charges as have been previously made. Copies of all completed
or partially completed maps and reports prepared under this Agreement shall be delivered to the
Owner when and if this Agreement is terminated, but subject to the restriction, as to their use, as
set forth in Section VIII.
SECTION XI -Successors and Assignment
The Owner and the Engineer each binds himself and his partners, successors, executors,
administrators and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Agreement; except as above neither the Owner nor the Engineer shall assign, sublet or transfer
his interest in this Agreement without the written consent of the other.
SECTION XII - Insurance and Indemnification
The Engineer shall carry insurance with responsible underwriters acceptable to the Owner and
with minimum limits of liability, as stated below, against claims for damages caused by bodily
injury, including death, to employees and third parties, claims for property damage; and
claims arising out of the performance of professional services caused by any of his own errors,
omissions or negligent acts, or the errors, omissions or negligent acts of any person and/or
· consultant employed by him or by others for which he is legally liable. The Engineer shall
furnish certificates of insurance to the Owner indicating compliance with this Paragraph.
Type of Coverage Minimum Limit of Liability
1. Worker's Compensation
.Statutory and Employer's Liability
$1,000,000 each accident
2. General Liability: comprehensive, contractual, independent contractors, personal
injury
A. Bodily injury
$1,000,000 each person
$1,000,000 each occurrence
B. Property Damage
$1,000,000 each person
$1,000,000 each occurrence
3. Automobile Liability: comprehensive, owned, hired, non-owned
A. Bodily injury
$500,000 each person
$500,000 each occurrence
B. Property Damage
$100,000 each occurrence
4. ProfessionalLiability:
errors and omissions
$1,000,000
Annual Claims Made
The Engineer shall submit evidence at the time of execution of this Agreement that it has in
full force. and effect professional liability-errors and omissions insurance. The Engineer shall
maintain such insurance in full force and effect throughout the duration of this Agreement and
thereafter for a period of three years. In the event that it becomes commercially infeasible to
maintain it during the period required by this Agreement, the Engineer shall supply the Owner
with equivalent assurance to the required insurance acceptable to the Owner.
The Engineer shall furnish evidence to the Owner of insurance in the form of certificates from
insurance concerns acceptable to the Owner. Such certificates shall indicate an agreement by
each carrier not to cancel or significantly diminish coverage without thirty days written notice
to the Owner. In the event there is a deductible on any policy the Engineer shall furnish
evidence that it is able to satisfy the deductible.
To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner,
Owner's officers, directors, partners, and employees from and against any and all costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals, and all court or arbitration or other dispute resolution costs)
caused solely by the negligent acts or omissions of Engineer or Engineer's officers, directors,
partners, employees, and Engineer's Consultants in the performance and furnishing of
Engineer's services under this Agreement.
To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer,
Engineer's Consultants from and against any and all costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions of Owner or Owner's officers, directors, partners, employees, and Owner's
consultants with respect to this Agreement or the Project.
To the fullest extent permitted by law, Engineer's total liability to Owner and anyone cla'.h'ning
by, through, or under Owner for any cost, loss, or damages caused in part by the negligence
of Engineer and in part by the negligence of Owner or any other negligent entity or individual,
shall not exceed the percentage share that Engineer's negligence bears to the total negligence
of Owner, Engineer, and all other negligent entities and individuals.
IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named
Engineers by one of them signing for them all, and has been executed on behalf of the Owner,
in duplicate counterparts each of equal force, on the day and year first above written.
OWNER
CITY OF PEARLAND
Walsh Engineering, Inc.
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PEARLAND
Memo
Via:
From:
Date:
Re:
Mayor and City Council
Glen Erwin, City Manager
Alan Mueller, Senior Projects Manager
Michael Ross, Projects Manager
July 20, 1999
Approval of City Council Resolution Authorizing the City Manager to Enter Into
a Contract with Walsh Engineering, Inc. For an Engineering Study to Update the
City of Peatland's Water and Sewer Impact Fees.
Summary:
In 1984, the City of Pearland adopted a water and sewer impact fee ordinance. Subsequently, in
1987, the Texas Legishture passed Senate Bill 336 (SB 336), which required Cities to update their
land use assumptions, capital improvements plan and impact fee assessment every three yeats.
Walsh Engineering Incorporated did the most recent update of the City's impact fee study in
1996. At staffs request, Walsh Engineering Incorporated has submitred an engineering proposal
for an estimated $32,360 to update the City's 1996 study and continue to meet the requirements
of SB 336. A copy of the engineer's proposal is attached for reference. The funding for these
services is available in account number 058-9742-565.01-00.
Recommendation:
Staff recommends approval of the resolution authoizing the City Manager to enter into a
contract with Walsh Engineering Incorporated in the estimated amount of $32,360.
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us
AGREEMENT FOR ENGINEERING SERVICES
PUBLIC IMPROVEMENTS
THE STATE OF TEXAS§
COUNTY OF BRAZORIA
THIS AGREEMENT MADE, entered into and executed this the 1(thday of ' Ju 1
1999, by and between the City of Pearland, Texas, acting herein by and through its ity
Manager who is duly authorized so to act for and in behalf of said City, hereinafter called the
'Owner" and Walsh Engineering, Inc , of Pearland, Texas, hereinafter called the "Engineer".
WITNESSETH that whereas the Owner intends to update its 1996 Water and Sewer Impact
Fee Study, such study is hereinafter called the "Project".
NOW, THEREFORE, the Owner and the Engineer in consideration of the mutual covenants
and agreements herein contained do mutually agree as follows:
SECTION I Employment of Engineer
The Owner agrees to employ the Engineer and the Engineer agrees to perform professional
engineering services in connection with the Project as stated in the section to follow, and for
having rendered such services, the Owner agrees to pay to the Engineer compensation as
stated in the Section to follow.
SECTION II Character and Extent of Services
The Engineer shall render the following professional services necessary for the development of
the Project:
1. Meet with City staff to define the project in detail and secure reports, maps,
and other available drawings which are needed for the project update.
2. Discuss with and obtain from the City current information on land use,
population, housing data, etc.
i
3. Discuss with and obtain from the City a preliminary list of water and sewer
capital improvements needs to aid in updating the water and sewer
development plan for 1999-2009.
4. Review previous reports, demographical information, and the preliminary
water and sewer capital improvements needs.
5. Update 1996 land use assumptions.
6. Update 1996 population and housing data, using computer data base to get
the 1999-2009 projections
7. Develop updated construction costs associated with the water and sewer
capital improvements program.
8. Study current usage rates for possible modifications to rates and/or addition
of more usage classifications.
9. Identify those costs eligible for impact fee reimbursement and update the
1996 impact fees m accordance with State Law.
10. Update the 1996 Water and Sewer Impact Fee study.
11. Based on available capital improvements costs and projected service units,
develop water and sewer impact fees for the proposed Shadow Creek Ranch.
12. Prepare a supplemental report to the 1999 Impact Fee study to include the
proposed impact fees for the proposed Shadow Creek Ranch.
13. Prepare and submit draft report for City review.
14. Assist the City staff at a public hearing and the City Council.
15. Conduct two periodic meetings with the City staff to discuss the progress of
the project.
16. After incorporating the City's comments, submit ten (10) copies of the bound
final report to the City.
SECTION III - Period of Service
Upon authorization to proceed, the Engineer will proceed with the performance of the services
called for in Section II of this agreement so as to deliver a draft of the final report within
ninety (90) calendar days. The final report will be complete within thirty (30) calendar days
after the receipt of the City's comments.
SECTION IV - Coordination with the Owner
The Engineer shall hold periodic meetings with the Owner, or his representatives, to the end
of the Project, as perfected, and shall have full benefit of the Owner s experience and
knowledge of existing needs and facilities, and be consistent with his current policies and
standards. To implement this coordination, the Owner shall make available to the Engmeer
for use in planning the Project, all existing plans, maps, statistics, computations and other data
in his possession relative to existing facilities and to the Project.
SECTION V - Fees
On assignments of this type, a cost and time (per diem) basis for compensation is usually
the most realistic method of charging for services Only those costs actually incurred will be
charged. At present we estimate the compensation to our firm for this project to be:
Walsh Engineering, Inc
CDS Research (Market Study) - Subconsultant plus 10 %
Printing & Marketing Data Purchase Allowance
TOTAL ESTIMATED FEE
$28,000.00
3,960.00
400.00
$32,360.00
We shall not exceed these amounts without the Owner's reauthorization. The Engineer shall
submit monthly statements for services rendered. Charges shall be per Engineer's Schedule of
Per Diem Charges (Exhibit "A") The Owner shall make prompt monthly payments in
response to the Engineer's monthly statement.
SECTION VI - Standards of Performance
The standard of care for all professional engineering and related services performed or furnished
by Engineer under this Agreement will be the care and skill ordinarily used by members of
Engineer's profession practicing under similar circumstances at the same time and in the same
locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise,
in connection with Engineer's serves.
3
Engineer shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and Owner shall not be responsible for discovering deficiencies therein. Engineer shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deviancies in Owner -furnished information.
Engineer shall perform or furnish professional engineering and related services in all phases of
the Project to which this Agreement applies. Engineer shall serve as Owner's prime professional
for the Project. Engineer may employ such Engineer's Consultants as Engineer deems necessary
to assist in the performance or furnishing of the services. Engineer shall not be required to
employ any Engineer's Consultant unacceptable to Engineer.
Owner shall be responsible for and Engineer may rely upon, the accuracy and completeness of
all requirements, programs, instruction, reports, data, and other information furnished by Owner
to Engineer pursuant to this Agreement. Engineer may use such requirements, reports, data, and
information in performing or furnishing services under this Agreement.
Owner shall make decisions and carry out its other responsibilities in a timely manner and shall
bear all costs incident thereto so as not to delay the services of Engineer.
Engineer shall not be required to sign any documents, no matter by whom requested, that would
result in the Engineer's having to certify, guarantee or warrant the existence of conditions whose
existence the Engineer cannot ascertain Owner agrees not to make resolution of any dispute with
the Engineer or payment of any amount due to the Engineer in any way contingent upon the
Engineer's signing any such certification.
Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform the Work in accordance with the Contract Documents.
SECTION VII - Revision to Report
The Engineer will make without expense to the Owner, such revisions of the report as may be
required to meet the needs of the Owner. After a definite plan has been approved by the Owner,
if a decision is subsequently made which, for its proper execution involves extra services and
expenses for changes in, or additions to the reports, or other documents, or if the Engineer is put
to labor or expense by delays imposed on him from causes not within his control, the Engineer
shall be compensated for such extra services as outlined in this agreement. Compensation for such
extra services and expenses shall be as shown in 'Exhibit A" (Schedule of Per Diem Charges) of
this agreement.
4
SECTION VIII - Ownership of Documents
All documents including original report, cost estimates, maps, electronic files, and data are and
remain the property of the Owner The Engineer shall retain in his files reproducible copies of
drawings, and copies of other documents, in consideration of which it is mutually agreed that the
Engineer will use them solely in connection with the Project.
When transferring documents in electronic media format, Engineer makes no representations as
to long term compatibility, usability, or readability of documents resulting from the use of
software application packages, operating systems, or computer hardware differing from those used
by Engineer at the beginning of this Project.
If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
SECTION IX - Arbitration of Disputes
Any controversy hereafter arising between Owner and Engineer in connection with this Agreement
and any liability or claimed liability created hereunder or incident hereto or pertaining to the
enforcement of any provision, condition or covenant contained herein shall be submitted to
arbitration under the terms of the Texas General Arbitration Act Either party may invoke this
provision for arbitration by giving the other party notice in writing demanding that such
controversy be submitted to arbitration, which notice shall also contain the appointment of an
arbitrator by the demanding party. The party receiving such notice of arbitration must, within
five (5) days after receiving same, mail to the demanding party a notice of appointment of a
second arbitrator. Such two arbitrators shall meet forthwith and agree in writing upon a third
arbitrator, and shall immediately give the parties written notice of the third arbitrator's
appointment.
If the party upon whom the demand for arbitration is served fails to give the demanding party the
required notice of the appointment of the second arbitrator withm the required five days, the
demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint
the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten
days from the date the second arbitrator was appointed, either party may apply to the court, under
such Article 226, for the appointment of the third arbitrator.
The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such
award shall be governed by the Texas General Arbitration Act, Articles 224 through 238-6,
inclusive, Revised Statutes of 1925, as amended.
This entire Section IX providing for arbitration shall survive the termination of this Agreement
under any of its provisions and any controversy between Owner and Engineer existing when the
Agreement terminates shall continue to be subject to arbitration hereunder.
5
SECTION X -Termination
Either party to this Agreement may terminate the Agreement by giving to the other thirty days
notice in writing Upon delivery of such notice by the Owner to the Engineer, and upon
expiration of the thirty day period, the Engineer shall discontinue all services in connection with
the performance of this Agreement and shall proceed to cancel promptly all existing orders and
contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as
practicable after receipt of notice of termination, the Engineer shall submit a statement, showing
in detail the services performed under this Agreement to the date of termination. The Owner shall
then pay the Engineer promptly that portion of the prescribed charges which the services actually
performed under this Agreement bear to the total services called for under this Agreement, less
such payments on account of the charges as have been previously made. Copies of all completed
or partially completed maps and reports prepared under this Agreement shall be delivered to the
Owner when and if this Agreement is terminated, but subject to the restriction, as to their use, as
set forth in Section VIII
SECTION XI -Successors and Assignment
The Owner and the Engineer each binds himself and his partners successors, executors,
administrators and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Agreement; except as above neither the Owner nor the Engineer shall assign, sublet or transfer
his interest in this Agreement without the written consent of the other
SECTION XII - Insurance and Indemnification
The Engineer shall carry insurance with responsible underwriters acceptable to the Owner and
with minimum limits of liability, as stated below, against claims for damages caused by bodily
injury, including death, to employees and third parties, claims for property damage; and
claims arising out of the performance of professional services caused by any of his own errors,
omissions or negligent acts, or the errors, omissions or negligent acts of any person and/or
consultant employed by him or by others for which he is legally liable The Engineer shall
furmsh certificates of insurance to the Owner indicating compliance with this Paragraph.
6
Type of Coverage Minimum Limit of Liability
1. Worker's Compensation $1,000,000 each accident
Statutory and Employer's Liability
2. General Liability: comprehensive, contractual, independent contractors, personal
injury
A. Bodily injury $1,000,000 each person
$1,000,000 each occurrence
B. Property Damage $1,000,000 each person
$1,000,000 each occurrence
3. Automobile Liability: comprehensive, owned, hired, non -owned
A. Bodily injury $500,000 each person
$500,000 each occurrence
B. Property Damage $100,000 each occurrence
4. Professional Liability: $1,000,000
errors and omissions Annual Claims Made
The Engineer shall submit evidence at the time of execution of this Agreement that it has in
full force and effect professional liability -errors and omissions insurance. The Engineer shall
maintain such insurance in full force and effect throughout the duration of this Agreement and
thereafter for a period of three years In the event that it becomes commercially infeasible to
mamtam it during the period required by this Agreement, the Engineer shall supply the Owner
with equivalent assurance to the required insurance acceptable to the Owner.
The Engineer shall furnish evidence to the Owner of insurance in the form of certificates from
insurance concerns acceptable to the Owner. Such certificates shall indicate an agreement by
each carrier not to cancel or significantly diminish coverage without thirty days written notice
to the Owner In the event there is a deductible on any policy the Engmeer shall furnish
evidence that it is able to satisfy the deductible.
To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner,
Owner's officers, directors partners, and employees from and against any and ail costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals, and all court or arbitration or other dispute resolution costs)
7
caused solely by the negligent acts or omissions of Engineer or Engineer's officers, directors,
partners, employees, and Engineer's Consultants in the performance and furnishing of
Engineer's services under this Agreement.
To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer,
Engineer's Consultants from and against any and all costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions of Owner or Owner's officers, directors, partners, employees, and Owner's
consultants with respect to this Agreement or the Project.
To the fullest extent permitted by law, Engineer's total liability to Owner and anyone claiming
by, through, or under Owner for any cost, loss, or damages caused in part by the negligence
of Engineer and in part by the negligence of Owner or any other negligent entity or individual,
shall not exceed the percentage share that Engmeer's negligence bears to the total negligence
of Owner, Engineer, and all other negligent entities and individuals.
8
IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named
Engineers by one of them signing for them all, and has been executed on behalf of the Owner,
in duplicate counterparts each of equal force, on the day and year first above written.
OWNER
CITY OF PEARLAND
CIil,.A/2 tlt od e e..4.44,),„,,....,•
Glen Erwin, ity Manager
Walsh Engineering, Inc.
C:\WPDOCS\PEARLAND\wsimpac[.agr
LANibil
WALSH ENGINEERING, INC.
OF PEARLAND
January 4, 1999
SCHEDULE OF PER DIEM CHARGES
Hourly Rates
Principal of Firm
Senior Project Manager
Professional Engineer -Project Manager
Registered Professional Land Surveyor
Design Engineer
Sr. CADD Designer
CADD Operator
Resident Construction Inspector
Drafting, Computation
Clerical
Chief Surveyor
Survey Technician
Survey Party (includes equipment and supplies)
2-Man Survey Crew
3-Man Survey Crew
4-Man Survey Crew
Miscellaneous Charges
$125.00
95.00
65.00
55.00
45.00
45.00
35.00
50.00
35.00
40.00
50.00
40.00
$75.00/HR
$87.50/HR
$100.00/HR
Transportation by Company Vehicle - $0.31/mile
Transportation by Commercial Carrier - Invoice + 10%
Subcontractor and direct non -labor expense such as
subsistence, telephone tolls etc. - Invoice + 10%
Reproduction work at prevailing commercial rates
Appearance in court by Principal of Firm - $800/day or major
fraction thereof
WILLIAM C. WALSH, PE.
President
2010 Broadway, P.O. Box 760
PEARLAND. TEXAS 77588.0760
281/485-2404 FAX 281/485-4322
to 105.00
to
to
to
to
to
to
to
to
to
75.00
65.00
55.00
55.00
45.00
45.00
45.00
60.00
50.00
The Staff charges specified above are based on the work time required and the salary cost of
the employee engaged times a factor of 2.84. Salary cost is defined as the cost of base salaries
chargeable to the Project, plus 29% for social security contributions, unemployment, excise
and payroll taxes, medical and insurance benefits, sick leave, vacation, holiday benefits and
like items. Management and clerical time for general supervision and administration is
considered overhead.
CONSULTING ENGINEERS HOUSTON • PEARLAND