R83-22 09-19-83 MINUTES OF MEETING
ON THIS THE 19 day of September , 1983, the Mayor and City
Council of they of Pearland, Brazoria County, Texas, met in
Special session with the following members being present:
Ma_vor Tom Reid Councilman james BoSt
Mayor Pro Tern/Councilman Charles Mack
Councilman Terry Gray
Councilman A1 I~ntz Councilman Dennis Frauenberger
and the following Resolution was introduced and (unanimously)
passed and adopted:
RESOLUTION R85-22
RESOLUTION
WHEREAS, the City of Pearland~ Brazoria County, Texas, is in need of
certain engineering services necessary for a street improvement proj-
ect for Liberty Drive and
WHEREAS, it is the opinion of the officials of the City of Pearland
that the Engineering Firm of Snowden Engineering, 2121 E. Broadway,
Suite B, Pearland, Texas, 77581, is a capable firm consisting of
several engineers who are competent and capable in this specific
field of work and having as principal members of the firm, engineers
registered as Professional Engineers in the State of Texas.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Pearland, that the Mayor is hereby authorized and instructed to sign
a contract on behalf of the City of Pearland with Snowden Engineering
for Engineering Services for a street improvement project.
ON THIS THE 19 day of Seotember , 1983, the above Resolution
was introduced by Lentz seconded by
Gray , and the Mayor put same to a
vote. It was declared by the Mayor that said Resolution has been
duly carried, passed and adopted, and it was ordered to be entered
on the minutes book of the City of Pearland, Texas.~
Thomas J. Reid, M~or
~/ ~.c~~. ~ji City of Pearland, Texas
~ty Secretary
•
'
•
AGREEMENT FOR ENGINEERING SERVICES
PUBLIC IMP.ROVEME.NTS
THE STATE OF. TEXAS ) •
COUNTY. OF BRAZORIA )
THIS AGREEMENT MADE, entered into and executed .this the 19
day of September ,. 1983 ; by and between the City of .Pe'arland,
Texas, acting herein by and through :its Mayor, who is. duly autho-
rized so to act for and in behalf of said City, by .Re.so.lution
dated September 19 , 19.83, of the City of Pearla.nd,. ..Texas,
hereinafter called the "Owner" and Snowden Engineering, herein-
after called the "Engineer" .
WITNESSETH, that whereas the. Owner intends to construct .certain
improvements consisting of surveying, utilizing the information
from the prior survey to whatever extent possible, Liberty Drive
from FM .518 to Shady Bend to establish alignment and .to Provide
the topographic .survey. Design drawings and specifications will
then be prepared for Liberty Drive , which will be concrete with
concrete curb and gutter and 41 feet in wi.dthmeasur.ed' from .the
and.
backs of the. curb. An underground .storm drainage system will also
be designed. The Engineer will prepare and provide to the City
the bid documents, to include the estimated .construction .cost, to
allow for the solicitation of bids from qualified contractors.
These 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 agrele
as follows:
•
SECTION I - Employment of Engineers
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.
SECTION II - Character and Extent of Basic Services
The Engineer shall render the following professional serv.icesne.ces-
sary for the development of the Project:
•
A. Design Phase: •
1. Establish the scope of any soil and foundation investiga-
tions or any special surveys and tests which, _in the opinion
-1-
•
of the Engineer, may be required for design; arrange for
such work to be done , for the Owner' s account.
2 . Conduct additional field surveys to collect information
when required for design.
3. Assist in preparation of any special reports and attend
meeting (s) as required for the assessment paving process.
4 . Prepare detailed specifications and contract drawings, as
per the Owner' s standards.
5 . Prepare detailed cost estimates of authorized construction.
The Engineer shall not be required to guarantee the accur-
acy of these estimates.
6 . Furnish to the Owner all necessary copies of approved plans,
specifications, notices to bidders, and proposal forms , as
required.
B. Construction Phase:
1. Assist the Owner in the advertisements of the Project for
bids.
2 . 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.
3. Assist in the preparation of formal Contract Documents for
the Project.
4 . Make periodic visits to the site (as distinguished from
the continuous services of a resident Project Representar
tive) 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 per-
formance 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;.
5 . Supply services of resident Project Representative (s) and
other field personnel as required, for on-site observation
of construction, if requested by the Owner. Such services
shall be paid in addition to the authorized fees for the
engineering design and construction phases as outlined
in this Agreement.
-2-
• q r
•
6 . Consult and advise with the Owner; issue all instructions
to the contractor requested by the Owner; and prepare
routine change orders as required.
7 . 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 con-
struct a complete and workable facility in accordance with
the Contract Documents.
8. Prepare or verify monthly and final estimates for payments
to contractors, and furnish to the Owner any necessary
certifications as to payments to contractors and suppliers;
assemble written guarantees which are required by the
Contract Documents.
9 . 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 contractors.
10 . 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.
SECTION III - Period of Service
When authorized by the Owner, the Engineer will proceed with the
performance of the services called for in Section II A (Design
Phase) of this Agreement so as to deliver completed plans, specifi-
cations, and estimates of cost for all authorized construction of
the Project, within one hundred-twenty (120) calendar days there-
after.
Following the award by the Owner of a construction contract or ! ,
contracts , if authorized by the Owner, the Engineer will proceed
with the performance of the services called for in Section II B
(Construction Phase) of this Agreement.
This Agreement shall remain in force for a period which may reasonbly
be required for the design, award of contracts and construction
of the Project, including extra work and any required extensions
thereto.
-3-
•
SECTION IV - Coordination with the Owner
The Engineer shall hold periodic conferences with the. Owner, or
his representatives, to the end that the Project, as perfected,
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 his 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 Engi-
neer, the Owner shall pay, and the Engineer shall receive the fees
hereinafter set forth, for the Design and Construction Phases of
the work. The fees set forth below are lump sums computed for each
phase of the work based upon effort and resources for a normal
municipal public works project. The basis for this computation
are the services listed for Design and Construction Phase. Attached
is a list of fees for Special Services and Per Diem. This list
would be used as a basis for computation of any unusual or extra
ordinary tasks not covered within this original agreement.. (such. .as
services of a resident project Representative) . The lump sum fees
listed for each phase in this Agreement are considered ceilings
unless both parties agree that unforseen circumstances, not under
the control of the Engineer, require Special Services.
Should the Owner fail to make payment to the Engineer of the sum
named in any partial or final statement when payment is past due
for more than thirty days, then the Owner shall pay to the Engineer,
in addition to the sum shown as due by such statement, interest
thereon at the current prime rate.
A. Design Phase: Lump Sum $14 ,760
B. Construction Phase : Lump Sum $ 2 , 900
The above engineering lump sum fees have been calculated in accord-
ance with the guidelines of the Texas Society of Professional Engi-
neers. Payment to the Engineer will be made for each Phase on a
monthly basis based upon an estimate by the Engineer of percentage
completion of that Phase. The percentage will be multiplied by
the agreed lump sum for that Phase. The percentage estimate for
the Construction Phase will be based upon cost of completed construc-
tion items.
-4- .
•
•
SECTION VI - Revision To Drawing and Specifications
The Engineer will make, without expense to the Owner , such revis ' ons
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 Engi-
neer 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 services
as outlined in this Agreement. Compensation for such extra ser-!
vices and expenses shall be as shown on page 7 (Professional Staff
Fee Schedule) .
SECTION' VII - Ownership of Documents
All documents, including original drawings, estimates , specifica-
tions , field notes and data are and remain the property of the
Engineer as instruments of service. The Owner may retain repro-
ducible copies of drawings , and copies of other documents, in
consideration of which it is mutually agreed that the Owner will
use them solely in connection with the Project and not for the
purpose of making subsequent extensions or enlargements thereto,
save with the express consent of the Engineer.
SECTION VIII - Professional Liability
The Owner agrees that the Engineer' s professional liability for
negligehce , or breach of warranty in the preparation of reports
and drawings, the selection and supervision of Project Surveyors
and other personnel, or the performance of any other services in
connection with any assignment for which written authorization is
given by the Owner,, shall in no event exceed the amount of the
total compensation received by the Engineer for services rendered
in connection with such authorized assignment.
SECTION IX - Termination
Either party to this Agreement may terminate the Agreement by
giving to the other sixty (60) days notice in writing. Upon
delivery of such notice by the Owner to the Engineer, and upon
expiration of the sixty 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 con-
tracts 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
-5-
J
detail the services performed under this Agreement to the date of
termination. The Owner shall then pay the Engineer promptly tha-
portion of the prescribed charges which the services actually per-
formed 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 Agree
ment is terminated, but subject to the restriction , as to their
use , as set forth in Section VII.
SECTION X - Successors and Assignments
I
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, execu-
tors, 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.
IN TESTIMONY OF WHICH this instrument has been executed on behal1f
of the above named Engineers by one of them signing for them all ,
and has been executed on behalf of the Owner, in duplicate counter-
parts each of equal force , on the day and year first above written.
-6-
1 P I
PROFESSIONAL STAFF FEE SCHEDULE
January 1983
Hourly Rates
Principal of Firm $65 . 00
Chief Engineer 56 . 00
Professional Engineer, Project Manager 32. 00 to 4500
Design Engineer, Technologist 30 . 00 to 42 . 00
Resident Construction Inspector 28. 00 to 36. 00
Chief Surveyor 40. 00
Drafting 25 . 00
Clerical 20 . 00
Survey Party (including equipment and supplies)
2-Man ($320 per day) 40. 00
3-Man ($480' per day) 60. 00
4-Man ($560 per day) 70 . 00
Miscellaneous Charges
Transportation by company vehicle - $0 . 36/mile
Transportation by commercial carrier - Invoice + 10%
Subcontractor and direct non-labor expense such as
subsistence, telephone tolls, etc. - Invoice
Reproduction work - At prevailing commercial rates
Electronic computer work - At agreed upon rates
-7-
.
1
CITY OF PEARLAND
Owner
By:
Mayor
ATTEST:
g.-2121
ity Secretary
SNOWDEN ENGINEERING
Consulting Engineers
By:
Pr sident
i •
-8-