R83-15 06-27-83 R£SOLUTION NO. R83-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF
PEARLAND, AND H. PLATT THOMPSON ENGINEERING
CO., INC.
BE IT RESOLVED by the City Council of the City of
Pearland, Texas, that the Mayor be, and he is hereby authorized
to execute for and in behalf of the City, a contract dated
June 27, 1983, and attached hereto as Exhibit "A", by and be-
tween the City of Pearland and H. Platt Thompson ~ngineering
Co., Inc. for the purpose of engineering services for Dixie
Farm Road Improvements.
PASSED and APPROVED this~ day of ~ ,
A. D., 1983.
CITY OF PEARLAND, TEXAS
Mayor
ATTEST:
-~ity Secret~ : J
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF BRAZORIA
THIS IS AN AGREEMENT MADE AS OF the 27 day of
June , 1983, by and between the City of Pear-
land, A Municipal Home Rule Corporation, in Brazoria and
Harris Counties, Texas (hereinafter called "CITY") , and H.
PLATT THOMPSON ENGINEERING CO. , INC. , (hereinafter called
"ENGINEER") . CITY intends to obtain engineering data and
estimates for the widening and paving of Dixie Farm Road
within the jurisdiction of the City of Pearland.
CITY and ENGINEER in consideration of their mutual
covenants herein agree in respect of the preformance of pro-
fessional engineering services by ENGINEER and the payment
for those services by CITY, as set forth below.
ENGINEER shall serve as CITY' s professional engi-
neering representative in those phases of the Project as as-
signed by CITY and accepted by ENGINEER as set forth herein,
and will give consultation and advice to CITY during the
performance of his services.
The CITY, jointly and severally, and the ENGINEER,
jointly and severally, bind themselves to faithfully and fully
execute and perform all of the duties and obligations hereof
respectively as CITY and ENGINEER.
SECTION 1
BASIC SERVICES OF ENGINEER
1. 1. ENGINEER shall perform professional services
as hereinafter stated which include normal civil, structural,
mechanical and electrical engineering services and normal
architectural services incidental thereto.
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these needs and present proposals thereon to the CITY for
approval.
1. 3. Signing of this agreement by Mayor of CITY
shall constitute authorization to proceed. After written
authorization to proceed, ENGINEER shall:
a. Prepare construction plans and specifications
for the construction of a concrete pavement and
dirt Shoulder roadway on Dixie Farm Road from
McDonald Road to the City Limit line. The
existing bridge shall remain in service and is
not part of this proposal.
b. Prepare a right-of-way investigation and survey
to determine the Dixie Farm Road alignment and
right-of-way width from McDonald Road to the
City Limit line. A strip map shall be prepared
showing the existing right-of-way width and
alignment and recommending additional right-of-
way acquisitions if required.
1. 4. ENGINEER shall furnish twelve (12) copies of
approved plans, specifications and right-of-way map outlined
in 1. 3.a. through b. , supra, and present and review them in
person with CITY.
SECTION 2
ADDITIONAL SERVICES OF ENGINEER
2. 1. General. If authorized in writing in separate
instrument, by CITY, ENGINEER shall furnish or obtain from
others , Additional Services of the following types which are
not considered normal or customary Basic Services; these will
be additionally paid for by CITY as indicated in Section 5:
a. Services resulting from significant changes in gen-
eral scope of the Project or its design including, but not
limited to, change in size, complexity, CITY' s schedule, or
character of construction; and revising previously accepted
studies, report, design documents or Contract Documents when
such revisions are due to causes beyond ENGINEER' s control.
b. Preparing documents for alternate bids required by
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dental thereto such as consultants for interior design,
selection of furniture and furnishings, communications , (ex-
cluding instrumenting incidental to project) , accoustics,
kitchens, and landscaping.
2. 2. Authorization by CITY• for. ENGINEER to proceed
with work outlined in Paragraph 1. 3.a. through b. , supra,
shall not bind or in any other manner obligate CITY to retain
the services of ENGINEER for any work other than as specifi-
cally set forth herein.
SECTION 3
CITY "S RESPONSIBILITIES
3. 1. CITY shall provide full information as to its
requirements for the Project.
3. 2. CITY shall assist ENGINEER by placing at his
disposal all available information pertinent to the Projects
including previous reports and any other data relative to
design and construction of the Project.
3. 3. CITY shall guarantee access to and make all
provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services.
3. 4. CITY shall examine all studies, reports,
sketches, Drawings, Specifications, proposals and other docu-
ments presented by ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as he deems appro-
priate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to
delay the services of ENGINEER.
3. 5. CITY, shall provide such legal, accounting,
independent cost estimating and insurance counseling services
as may be required for the Project, and render in writing
work to be performed under this Agreement. Such person
shall have complete authority to transmit instructions, re-
ceive information, interpret and define CITY ' s policies and
decisions with respect to materials, equipment, elements
and systems pertinent to ENGINEER' s services.
3. 7. CITY shall furnish, or direct ENGINEER to
provide, necessary Additional Services as stipulated in Sec-
tion 2 of this Agreement or other services as ' requir.ed.
SECTION 4
PERIOD OF SERVICE
4. 1. The services called for in the Preliminary
Phase will be completed .and the documents and reports sub-
mitted to CITY within one hundred thirty-five (135) calendar
days from ENGINEER' s receipt of notification by CITY that
this contract has been executed by the Mayor of CITY.
SECTION 5
PAYMENTS TO ENGINEER
5. 1. Compensation for all services by the Engineer
shall be in accordance with one of the methods outlined below:
a. The engineering fee for the construction plans and
specifications shall be a percentage of the construc-
tion cost as determined by the enclosed Texas Society
of Professional Engineers Curve of Median CompensaH
tion, Curve "B" . Based on an estimated construction
cost of $531, 300 for the proposed improvements, the
engineering fee equals 6. 9 percent of the construc-1
tion cost or $36 , 600. The final percentage and
engineering fee shall be adjusted to reflect the
actual construction cost when the City receives bids
for the project. Partial payments for the preparation
of plans and specifications shall be made monthly
based on the estimated construction cost in proportion
to the amount of work completed. In the event bids
are not received within twelve (12) months after final
plans and specifications are. submitted to the City,1
the estimated construction cost of $531,300 shall be
used as the base for calculating the final engineering
fee.
The cost of the topography survey for the roadway
design shall be based on our current per diem rate, ._..
not to exceed $14, 000. Additional soil testing for.
SECTION 6
GENERAL CONSIDERATIONS
a. CITY or ENGINEER may terminate this agreement by
seven (7) days ' written notice to the other. If terminated,
within twenty (20) days from date of receipt of notice of
termination, ENGINEER shall furnish a statement to CITY
itemizing the services performed by ENGINEER through date of
receipt of notice of termination.
b. If terminated, ENGINEER shall provide two (2) copies
of each preliminary document or study, or map, or chart, even
if uncompleted, to the CITY, if any portion thereof has been
paid for by the CITY.
c. Neither CITY nor ENGINEER shall assign, sublet or
transfer his interest in this Agreement without the prior
written consent of the other. Nothing herein shall be con-
strued
as creating any personal liability on the part of any
officer or agent of any public body which may be a party
hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than CITY or ENGINEER.
SECTION 7
SPECIAL PROVISIONS
a. CITY and ENGINEER agree that this Agreement is subject
to the following special provisions which together with the
provisions hereof and the exhibits and schedules hereto repre-
sent the entire Agreement between CITY and ENGINEER: they may
only be altered, amended or repealed by a duly executed written
instrument.
b. The CITY shall receive written copies of all corres-
pondence from the Engineer related to the projects.
c. ENGINEER shall have final responsibility for maintain-
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project is divided into two or more parts.
IN WITNESS WHEREOF the parties hereto have made and
executed this Agreement as of the day and year first above
written.
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CITY: ENGINEER:
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CITY OF PEARLAND H. PLATT THOMPSON ENGINEERING
CO. , INC.
,BY: . ' ,LP
Thomas J. ei , H. Platt Thom son,
Mayor President
ATTEST:•
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Doro y L. C ok M y L. Thom son,,
City Secretary Secretary _ �`I
APPROVED AS TO FORM:
J. Williams ,
ity Attorney
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