R2003-0182 11-24-03RESOLUTION NO. R2003-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RATIFYING AN ENGINEERING CONTRACT BETWEEN KIRST
ENGINEERING COMPANY AND THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION FOR ENGINEERING SERVICES
ASSOCIATED WITH THE INDUSTRIAL DRIVE WATER IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the Pearland Economic
Development Corporation and Kirst Engineering, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
PASSED, APPROVED and ADOPTED this the 24th dayof November'
A.D., 2003.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2003-182
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Kirst Engineering Co. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Engineering services for Industrial Drive Water East
Engineer/Subconsultant(s) Fee Basis of Compensation
Kirst Engineering Co. $17,355 Lump Sum
CADTech Solutions $9,000 NTE
Maximum Contract Amount $26,355
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: (60) days from completion of
project.
Attachments: Scope of Services - Exhibit A
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. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress Payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval 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. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project 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 Project 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 project schedule, through no fault of the Engineer,
additional contract time may 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 upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
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
corrective action, which may include 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
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, 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.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. 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.
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 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 24 day of November ,20 03
CITY OF PEARLAND
Printed Name: Bill Eisen
Title: Cil:,y Manager
ENGINEER
Printed
Title:
STATE OF TEXAS §
COUNTY OF'~---~,4 ~-~f' ~,-~' §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~.,'i ! ~,,_s'Ac-.,'~ , 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
¢'~/o~r" , A.D., 20 o <3 ·
LEHMAN
AND SEAL OF OFFICE THIS ~,'~"' DAY OF
STATE OF TEXAS
Printed Name: ~"-~ ~./~ .,~/'.
My Commission Expires:
STATE OF TEXA~ . §
/4_
COUNTY OF ¢/'/'-)~ ,, g, §
/ ~ ~EFOR.E ME¢ the undersigned Notary Public, on this day personally appeared
.~¢.~,,d~'~ /~,,'t ~ , known to me to be the person whose name is subscribed to
the foregoing inst~ment 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
¢_~,.~ ,A.D.,20~ .
THIS 3rd DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~"~8 (4~
My Commission Expires: ~'~:~
KIRST ENGINEERING CO.
Civd/Mumctpal
· ~ ~ Consulting Engineers
OPINION OF ENGINEERING COST
FOR
Industrial Drive East Waterline
City of Pearland
KEC Project No. m0001
BASIC SERVICES: DESCRIPTION Prin M/Sr. E PE EIT/Dsgn CADD Clef MANItOURS ] COST
Preliminary Phase (LS):
Site Inspection & Prqiect Scope Devel. w/Owner 6 6 $ 528
Subtotal Preliminary Phase (LS): I I I 61 I I II 61 $ s2s
Design Phase (LS):
Coordination w/Pipeline Cos. for Crossings 12 12 $ 1,056
Coordination with TxDOT for Permit Acquisition 4 4 $ 352
Cover Page and Index of Drawings (1) 8 8 $ 704
General Notes (1) 8 8 $ 704
Project Layout, Survey Baseline & Monumentation (1) 12 12 $ 1,056
Plan & Profile Sheets (2) 24 24 $ 2,112
Standard Details (2) 8 8 $ 704
SWPPP Plan & Details (1) 8 8 $ 704
Traffic Control Plans & Details (1) 8 8 $ 704
Subtotal Design Phase (ILS): I I I 92 1 I I Il 92 1 $ 8,096
Bid Phase (LS):
Proyide Updated Cost Est. on Final Bid Form 1 1 ! $ 88
Provide Mylar Sepias of"Bid Ready" Drawings t 1 $ 88
Provide 'qlFF" Files of"Bid Ready" Drawings 1 1 $ 88
Provide Reproducibles ofPro, ject Specs. 1 1 $ 88
Attend Pre-Bid Mt~. & Prep. Addenda (ifneeded) 4 4 $ 352
Provide M¥1ars & "'III~F" Files of"As-Bid" Drawings 2 2 $ 176
Assist the Owner with Obtaining Bids 2 2 $ 176
Review Bids and Submitted Documents 4 4 $ 352
Provide "Surranary" and "Detailed" Bid Tabulations 4 4 $ 352
Provide Recommendation of Award Letter 1 1 $ 88
Subtotal Bid Phase (DS): ] I I 2a I I I II 2a I $ ~,s4s
Construction Phase (DS):
Attend Pre"Const. Meeting & Issue Minutes 3 3 $ 264
Make Periodic Site Visits (Min. Bi-weekly) 12 12 $ 1,056
Provide Written Reports of Site Visits 6 6 $ 528
Consult & Advise Owner As Needed 9 9 $ 792
Prepare, Sign, & Issuc C.O.'sfor Owner Appv. 4 4 $ 352
Review Shop Dwgs., Lab Rpts., & Mill Tests 12 1'2 $ 1,056
Review Contractors Pay Estimates 8 8 $ 704
Conduct Pre"Final Walk Throu~ Inspection 3 3 $ 264
Prepare Final Punchlist 2 2 $ 176
Issue Certificate of Substantial Completion 1 I $ 88
Conduct a Final Walkthrough Inspection 1 1 $ 88
TOTAL BASIC SERVICES: 180 180 [ $ 15,840
ADDITIONAL SERVICES:
Reimbursable Expensess:
In-house Xerox Reproduction - l/2 Size Plans 4 Sets of 9 Drawings Per Set $ 18
In-house Xerox Reproduction - Specs 4 Sets of 100 Pages Per Set $ 100
Meals/Lodgin~ $ 150
Subtotal Reimbursable Expensess: ~ I $ 268
Subconsultants/Vendors:
Drattin~ CADTech Solutions $ 9,000
Outside Reproduction - Bluelines 4 Sets of 9 Drawings Per Set $ 54
Outside Reproduction - Mylar Sepias Bid Ready, "As-Bid" & Record Drawings (3-Sets Total) $ 135
Outside Reproduction - 'lllq~' FiLes "As-Bid" & Record Drawings (2-Sets Total) $ 126
Subconsultant Admhdsttative Fee I 10% ~ $ 932
Subtotal Subconsultants/Vendors: I ~ $ 10,247
TOTAL ADDITIONAL SERVICES: ] I I I 1510'515
TOTAL COST: 180 180 $ 26,355
and Set~ ngs~kirs'deW, EC~:~o~ct s~O01~?,o P. indst_E_VVL~stmskO01.~qgr, fll~O~t.xiS
Printed: 10/20/03
KIRST ENGINEERING Co.
Civil/Municipal
Consulting Engineers PRELIMINARY
ENGINEER'S OPINION OF CONSTRUCTION COST
INDUSTRIAL DRIVE EAST WATERLINE
City of Pearland
KEC Project No.: 0001
Revised: Oct. 12, 2003
MOVE-IN, START-UP & SITE PREPARATION
1. Mobilization DS 1 $ 3,339 $ 3,339
2. Performance & Payent Bonds LS 1 $ 668 $ 668
3. Traffic Control DS 1 $ 1,670 $ 1,670
4. Filter Fabric Fence LF 1,225 $ 1 $ 1,225
5. Reinforced Filter Fabric Barrier LF 100 $ 2 $ 200
6. Remove & Dispose Existing Asphalt Road Surface and Base Material SY 400 $ 2 $ 800
7. Trench Safety System LF 1,225 $ 2 $ 2,450
SUBTOTAL MOVE4N, START-UP & SITE PREPARATION: $ 10,352
WATERLINE
8. 8" C-900 PVC Waterline (Including Excavation, Valves, Fittings, Bedding, Backfill, and Testing), LF 1,000 $ 22 $ 22,000
Complete in Place
9. 8" Ductile Iron Waterline (Including Excavation, Valves, Fittings, Bedding, Backfill, and Testing), LF 200 $ 35 $ 7,000
Complete in Place
8" Welded Steel Waterline "Backtap" (Including Fabrication, Isolation Kit, and Tinust Blocks),
10. LF 20 $ 250 $ 5,000
Complete in Place
11. Bore & Jack 14" Welded Steel Casing, (Including Insulators and End Caps), Complete In Place LF 120 $ 50 $ 6,000
12. 8" C-900 PVC Waterline in 14" Welded Steel CasIng, (Including Testing), Complete in Place LF 120 $ 12 $ 1,440
13. 16" x 8" Tapping Sleve& Valve, (Including Installation and Testing), Complete in Place Ea 1 $ 5,000 $ 5,000
14. Service Connection (Including Valves, Fittings, Meters, Backfill, and Testing), Ea 5 $ 500 $ 2,500
Complete in Place
15. Fire Hydrant (Including Gate Valves and Thrust Blocks), Ea 2 $ 2,000 $ 4,000
Complete in Place
2" Blow-Off Valve & Box,
16. Ea 1 $ 250 $ 250
Complete in Place
SUBTOTAL WATERLINE: $ 53,190
PAVING
17. 6" Lime Stabilized Subgrade SY 400 $ 2 $ 800
18. Lime for Subgrade (Estimated @ 28#/SY) SY 5.6 $ 100 $ 560
19. 8" Cement Stabilized Crushed Limestone Base Course SY 400 $ 9 $ 3,600
19. Tack Coat, (Estimated @ 0.10 Gallons per Square Yard) Gal 40 $ I $ 40
19. Prime Coat, (Estimated @ 0.30 Gallons per Square Yard) Gal 120 $ 1 $ 120
20. 4" HMAC Black Base Level Up Course SY 400 $ 5.50 $ 2,200
21. 1-1/2" Type "D" HMAC Overlay SY 400 $ 4.25 $ 1,700
SUBTOTAL PAVING: $ 9,020
MISCELLANEOUS
22. Storm Sewer Extensions, All Sizes (Including Excavation, JoInting Collars, Bedding, and Backfill), LF 45 $ 55 $ 2,475
Complete in Place
23. Ditch Embankment and Regrading CY 150 $ 6 $ 900
24. Hydro-Mulch Seeding Ac 0.40 $ 2,000 $ 800
25. Hand Excavation Around Obstructions CY 10 $ 20 $ 200
26. Extra Bank or Cement Stabilized Sand CY 10 $ 20 $ 200
SUBTOTAL MISCELLANEOUS: $ 4,575
SUBTOTAL ALL ITEMS: $ 77,137
CONTINGENCIES (20%): $ 15,427
TOTAL: $ 92,564
Length of Pipe: 1340 LF
Cost Per Foot with Paving: $ 68.06
Cost Per Foot without Paving: $ 60.10
Form: 02/18t~3 Page I of I Originated: 09/07/2003
C:'~)ocumenls and Settings~kirstle'xKEC~orojects~001-CoP-Indst-E-WL~estms~01r-10-12-03.)ds Printed: 10/20/03
KIRST ENGINEERING CO.
Civil/Municipal Consulting Engineers
1908 Lazy Creek Lane; Pearland, Texas, 77581
Mr. Joseph S. Wertz, Jr.
Director of Projects
City of Pearland
3519 Liberty Drive, 77581
Re.: Industrial Drive East Waterline
Proposal for Professional Engineering Services
Gentlemen,
October 20, 2003
KEC Prof. No.: m-0001
KEC Letter No.: 002
CoP P.O. No.:
Kirst Engineering Co (KEC) is pleased to present this proposal for providing Professional Engineering
services for the referenced project KEC proposes to provide "Basic" engineering services as detailed in the
attached Opinion of Engineering Cost for the Lump Sum amount of $15,840 KEC further proposes to provide
'Additional" engineering and associated services also detailed in the Opinion of Engineering Cost for the Cost
Plus - Not to Exceed (NTE) amount of $10,515 ($26,355 total). Also included with this proposal is an order of
magnitude construction cost estimate.
We appreciate the opportunity to present this proposal to the City of Pearland and look forward to finalizing
the agreement and beginning work. If you have any questions or need more information, please call me at
832-465-0784 or 281-485-9923.
Sincerely,
eeCet
Eddie Kirst, P.E.
President
attch.
LEK/lek
C:\Documents and Settings\kirstle\KEC\projects\0001-CoP-Indst-E-WLUtrs\002a-cop-wl-dsgn-prop.doc