R2000-012 01-24-00RESOLUTION NO. R2000-12
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
ENGINEERING SERVICES ASSOCIATED WITH SUBURBAN GARDENS
ROAD WATER DISTRIBUTION IMPROVEMENTS.
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. Thatthe City Manageror his designee is hereby authorized to execute
and the City Secretary to attest a contract with Walsh Engineering, Inc. for engineering
services associated with Suburban Gardens Road water distribution improvements.
and ADOPTED this the 24th day of
APPROVED
, A.D., 2000.
PASSED,
January
TOM R-~'~I~
MAYOR
(~TTEST:
Y/ lNG LOR);~N~/ / ~'
~ 'SECTARY ~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
AGREEMENT FOR ENGINEERING SERVICES
PUBLIC IMPROVEMENTS
THE STATE OF TEXAS§
COUNTY OF BRAZORIA
MADE,
THIS AGREEMENT entered into and executed this theo;~,o ~day
2000, by and between the City of Pearland, Texas, acting herein by and through its City
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 construct certain water transmission and
wastewater collection improvements designated as Suburban Gardens Road Water Distribution
Improvements (Laurie Lane to Butler and Water Plant to Lawhon School, such improvements
are 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:
%
A. Preliminary & Design Phase:
Attend preliminary conferences with the Owner to establish requirements for
the Project and review available data.
Conduct complete topographical field survey to gather the necessary
information for the purpose of the design (Special Services).
Conduct the necessary boundary field survey and office computations to
prepare easement descriptions and an easement map for all tracts involved in
the project which are along the east right-of-way line of Garden Road which
currently do not meet the City of Pearland Major Thoroughfare Plan design
width.
4. Prepare construction plans and details for approximately 6,700 feet of 12"
water transmission line, extended from Laurie Lane to Butler and from
Garden Road Water Plant to Lawlion School.
5. Prepare detailed specifications and Contract Documents for the construction
authorized by the Owner.
6. Prepare bid quantities and post-design construction cost estimate.
7. Conduct periodical meetings with the Owner to report project progress and
resolve design issues.
8. Furnish to the Owner ten (10) copies of approved Plans, Specifications, and
Contract Documents.
Construction Phase: Upon written authorization to proceed with Construction
Phase, the Engineer shall:
Assist the Owner in the advertisement of the Project for bids. The cost of
the advertisement will be borne by the Owner.
Assist the Owner in the opening and tabulation of bids for construction of the
Project, and consult with the Owner as to the proper action to be taken,
based on the engineering considerations involved.
Assist in the preparation of formal Contract Documents for the contract.
Make periodic visits to the site (as distinguished from the continuous services
of a resident Project Representative) to observe the progress and quality of
the executed work and to determine in general if the work is proceeding in
accordance with the Contract Documents.
In performing these services the Engineer will endeavor to protect the Owner
against defects and deficiencies in the work of the Contractor, but he cannot
guarantee the performance of the Contractor, nor be responsible for the
actual supervision of construction operations or for the safety measures that
the Contractor takes or should take.
Consult and advise with the Owner; issue all instructions to the Contractor
requested by the Owner; and prepare routine Change Orders as required.
Review samples, catalog data, schedules, shop drawings, laboratory, shop
and mill tests of material and equipment and other data which the Contractor
submits. This review is for the benefit of the Owner and covers only general
conformance with the design concept of the Project and general compliance
with the information given by the Contract Documents. It does not relieve
the Contractor of any responsibility such as dimensions to be confirmed and
correlated at the job site, appropriate safety measures to protect workers and
the public, or the necessity to construct a complete and workable facility in
accordance with the Contract Documents.
Prepare or verify monthly and final estimates for payments to the Contractor,
and furnish to the Owner any necessary certificafons as to payments to the
Contractor and suppliers; assemble written guarantees which are required by
the Contract Documents.
Conduct, in company with the Owner, a final inspection of the Project for
conformance with the design concept of the Project and compliance with the
Contract Documents, and approve in writing final payment to the Contractor.
Revise Contract Drawings (unless redrawing is required), with the assistance
of the Resident Project Representative, to show the work as actually
constructed. Furnish a set of prints of these revised drawings to the Owner.
Special Services not included in Basic Services: Upon authorization to proceed
with Special Services as required and defined by the Owner, the Engineer shall
provide:
Geotechnical engineering - including test borings, sampling and analysis, and
recommendations.
Land surveys, establishment of boundaries and monuments, preparation of
easement descriptions and related computations and drawings.
3. Engineering and topographic surveys for design and construction.
4. Hydraulic and Hydrologic modeling and analysis.
6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
17.
Traffic control planning and design.
Storm water pollution prevention plans.
Wetland determination.
Furnishing additional copies of reports, construction drawings,
specifications, and other documents as required for bidding and construction
beyond the number specified in the basic services agreement.
Extra travel and subsistence as defined by the agreement for engineering
services.
Value Engineering - including reviewing the work of other engineers who
are not subcontractors, either within the same organization or in other firms,
to determine whether a proposed solution is optimum and, if not, to suggest a
better approach for meeting the Project's functional and financial criteria.
Redesign to reflect Project scope changes requested by the Owner, required
to address changed conditions or change in direction previously approved by
Owner, mandated by changing governmental laws, or necessitated by the
Owner's acceptance of substitutions proposed by the constructor.
Providing continuous inspection services during construction by a resident
Project representative, and by supporting staff as required, to provide more
assurance that the constmedon is accomplished in general conformance to the
Design Drawings, Specifications, and other Contract Documents.
Test'rog of materials used in the construction of a Project.
Assistance to the Owner as an expert wimess in litigation in connection with
the Project or in hearings before approving and regulatory agencies.
Preparation of detailed applications and supporting documentation for
government grants, advances for public works Projects, or permits.
Plotting, computing, and filing of subdivision plats, staking of lots, and other
land planning and partitioning activities.
Preparation of environmental assessment and impact statemems and other
assistance to the Owner in connection with public hearings.
18. Project peer review.
4
19.
20.
Furnishing copies of reports or construction documents to the Owner in
number exceeding that stipulated in the agreement for service.
Providing services beyond the submittal of certificate of completion date,
particularly with regard to Construction Phase Services.
SECTION III - Period of Service
Upon authorization to proceed, the Engineer will proceed with the performance of the services
called for in Section II A (Preliminary and Design Phases) of this agreement so as to deliver
completed Plans, Specifications, and Estimates of Cost for all authorized construction of the
Project, within one hundred fifty (150) calendar days thereafter. Delays in acquiring
approvals and permits have not been accounted for.
If Construction Phase services is authorized, the Engineer will proceed with the performance
of the services called for in Section H B (Construction Phase) of this agreement until
completion of the construction.
This agreement shall remain in force for a period which may r~asonably be required for the
design, award of contracts, and construction of the Project including extra work and any
required extensions thereto.
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
construction standards. To implement this coordination, the Owner shall make available to the
Engineer for use in planning the Project, all existing plans, maps, field notes, statistics,
computations and other data in his possession relative to existing facilities and to the Project.
SECTION V - Fees
For and in consideration of the services to be rendered by the Engineer, the Owner shall pay,
and the Engineer shall receive the fees hereinafter set forth, for the Basic Engineering Services
(preliminary and Design Phases), and Special Services of the work. The fee for Basic
Engineering Services as shall be determined as a percentage of the Project construction based
on the Harris County's Curve for Engineering Compensation for Roads, Bridges, and Related
Services, a copy of which is attached hereto as "Exhibit A" and made a part hereof for all
purposes. During Preliminary and Design Phases, construction cost shall be considered to be
the Engineer's latest opinion of construction cost based on recent average costs for similar
work. Based on a preliminary basic construction cost of $288,200 and a 11.5% fee, the total
basic fee is allocated as follows:
Preliminary & Design Phases (85 % of Fee)
Construction Phase (15 % of Fee)
$28,170
$ 4,973
TOTAL ESTIMATED BASIC FEE
$ 33,143
The Engineer's fee for Special Services of the Project shall be based upon the Engineer's Per
Diem Rate Schedule, a copy of which is attached hereto as "Exhibit B" and made a part hereof
for all purposes, or subcontractor's fee plus 10%, whichever is applicable. The fee for special
services as required for the Project shall not exceed the following without written
reauthorizatinn by the Owner:
Topographical Field Survey
and Preparation of Easement Descriptions
$16,500
TOTAL SPECIAL SERVICEs BUDGET
$16,500
Partial payments for services in the Preliminary, Design and Construction Phases shall be
made monthly, based on the Engineer's estimate of the "Construction Cost" of the work.
Payments will be made in proportion to that part of the services in the Preliminary, Design
and Construction Phases which has been accomplished as evidenced by monthly statements
submitted by the Engineer to the Owner, and approved by him. Final payment for basic
services authorized in the Preliminary and Design Phases shall be adjusted based upon the low
bidder's bid. If the Project is not constructed within 180 days from the date of completion of
Plans and Specifications, the Engineer's final payment for the Preliminary and Design Phases
shall be based on the Engineerts final construction cost estimate. The Construction Phase Fee
shall be adjusted based upon the low bidder's bid. Final payment for the Construction Phase
shall be due upon the completion of construction.
Partial payment for Special Services shall be made based on Schedule of Per Diem Rates
(Exhibit B) and will be in proportion to that part of the services which has been accomplished
as evidenced by Engineer's monthly invoice. Reimbursable expenses and Subcontractor's
works shall be billed to the Owner at the Engineer's cost plus 10% to cover the cost of
accounting and administration.
The Engineer shall submit monthly statements for Basic and Special Services rendered and for
reimbursable expenses incurred. The Owner shall make prompt monthly payments, in response
to the Engineer's monthly statements.
SECTION VI - Standards of Performsnce
The standard of care for ail 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
locaiity. Engineer makes no warranties, express or implied, under this Agreement or otherwise,
in connection with Engineer's serves.
Engineer shall be responsible for the technical accuracy of its services and documents resulting
therefrom, andOwner shall notberesponsible for discoveringdefieieneies therein. Engineer shall
correct such deficiencies without additiunai 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 ail phases of
the Project to which this Agreement applies. Engineer shail 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 shail not be required to
employ any Engineer's Consultant unacceptable to Engineer.
Owner shail 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 shail 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 Drawings and Specifications
The Engineer will make, without expense to the Owner, such revisions of the preliminary
drawings 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 drawings, specifications,
or other documents, or if the Engineer is put to labor or expense by delays imposed on him from
causes not within his control or by the delinquency or insolvency of Contractors, 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 B" (Schedule of Per Diem Charges) of
this agreement.
SECTION VIII - Ownership of Documents
All documents, including original drawings, estimates, specifications, field notes, electronic files,
and data are and remain the property of the Owner. The Engineer shall retain in his ties
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 -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 Designs, Plans and
Specifications 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
VIlI.
SECTION XI -Successors and Assignment
The Owner and the Engineer each binds himself and his parmers, 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, claim.~ 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
consultam 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. Professional Liability:
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 ghall furnish
10
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 negligem 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 tidiest extent permitted by law, Engineer's total liability to Owner and anyone c/aiming
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
~len Erwin,~it~ Manager
ENGINEER
WALSH ENGINEERING, INC.
William C. Walsh, P. E., President
EXHIBIT "A"
CURVE FOR ENGINEERING COMPENSATION
FOR ROADS BRIDGES, AND RELATED SERVICES.
W_AI.SH ENGINEERING, INC.
OF PEARLAND
WILLIAM C. WALSH, RE.
Pres[dent
2010 Smadway, FO. Box 7~0
PEARLAND. TEXAS 77588-0760
2811485-2404 FAX 281/486-4322
January 4, 2000
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
65.00 to
55.00 to
45.00 to
45.00 to
35.00 to
50.00
35.00 to
40.00 to
50.00 to
40.00 to
105.00
75.00
65.00
55.00
55.00
45.00
45.00
45.00
60.00
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 aneh 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