R2001-0102 08-13-01 RESOLUTION NO. R2001-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH WALSH/FREESE
AND NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH
THE PEARLAND PARKWAY WATER LINE.
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/Freese and Nichols, 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 a contract with Walsh/Freese and Nichols, inc. for
engineering services associated with the Peadand Parkway water line.
PASSED, APPROVEDandADOPTEDthisthe 13 dayof August ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
~,~TY SE~,~ETARY "
APPROVED AS TO FORM:
DARRIN M. COKER
CiTY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Walsh/Freese & Nichols, Inc.(hereinafter "Engineer" or WFN) as
follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer: Walsh/Freese & Nichols, Inc.
Description of Project: Pearland Parkway 16" Water Transmission Line
Contract Amount: $29,700 (Percent of Construction)
Contract Begins: Upon execution
Contract Ends: Upon completion
Attached Contract Document: Attachment SC (Scope of Services and
Responsibilities of Owner)
Attachment CO (Compensation
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. Progress payments may be requested by Engineer based on the
amount of services completed. Payment for the services of Engineer shall be due and
payable upon submission of a statement for services to City. Statements for services shall
not be submitted more frequently than monthly. Any applicable new taxes imposed upon
services, expenses, and charges by any governmental body after the execution of this
Contract will be added to Engineer's compensation.
If City fails to make any payment due Engineer for services and expenses within thirty
(30) days after receipt of Engineer's statement for services therefor, 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 9 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.
3. Term and Termination. This Contract term will begin and end on the dates shown
above. 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
steps for 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. Construction Representation, If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the contract documents. In performing these
services, Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors; Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor. Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project. If City designates a person
to serve in the capacity of Resident Project Representative who is not Engineer's
employee or Engineer's agent, the duties, responsibilities, and limitations of authority of
such Resident Project Representative(s) will be set forth in writing and made a part of
this Contract before the construction phase of the project begins.
8. 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 $250,000 in the
aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $250,000 for injury or death of any one person,
$250,000 for each occurrence, and $100,000 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 $50,000 for injury
or death of any one person, $100,000 for each occurrence, and $50,000
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.
9. 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 al! 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.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. 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.
12. 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.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures. The Contractor 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 and arbitration as follows:
A. Mediation. 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.
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing
of any suit, any controversy or claim arising out of or related to this Contract shall
be settled by binding arbitration in accordance with the Federal Arbitration Act and
the Commercial Arbitration Rules of the American Arbitration Association, and
4
judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The parties may agree in writing to use any other
arbitration procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE as of the ~ day of ~~_, 2001.
ATTEST: CITY OF PEARLAND
By: J
Secr City Manager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST: WALSH/FREESE AND NICHOLS. INC.
P~,,~ted N~me: ,,~'~/,,, z~J'~'~' Mehran Bavarian. P. E.
Title: .,~,~,o~,,~'~,-P" Office Manager
5
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~:)~f.[ ~_.(s-6¢~ , 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 AND SEAL OF OFFICE THIS /~ DAY OF
~5 Jcl' A.D., 2001.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
My Commission1 Expires: ~ Printed Name: ~r't4-(.
My Commission Expires:
STATE OF TEXAS §
COUNTY OF BRAZORIA §
46 BEFORE ME, the, undersigned Notary Public, on this day personally appeared
.~.v..~J /~f/Y'ccYfA~v/ , 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.
UNDER MY HAND AND SEAL OF OFFICE THIS c~ DAY OF
,~ LYNETTEWILSON ~ ~OT~Y~UBLI~INANb~ORTHE
STATE OF TE~S
;~F[-~ Notary Public, Stale of Texas ~
-:'~. 03/~ 0~2005 ~
¢~¢¢/~¢/~////~/~ ~ Printed Name:
~:o~0,~,¢¢.~,~.~,¢w~.u..~,~..~o~ My Commission Expires:
6
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: WFN shall render the following professional services in connection with the development
of the Project:
A. pRF~I JMINARY AND DESIGN PHASE
1. Attend preliminary conferences with the OWNER to establish requirements for the Project and review
available data.
2. Use the topographical survey information gathered for Pearland Parkway roadway design and
consUuction plans to prepare the neeessary background topography for the project.
3. Prepare construction plans and details for approximately 6,200 feet of 16" water transmission line,
extended from Clear Creek Subdivision (Pearland Parkway approximate station 29+70) to Beazer
Homes Development (Pearland Parkway approximate station 92+00).
4.Prepare detailed specifications and Contract Documents for the construction authorized by the Owner.
5. Prepare detailed cost estimates of authorized construction. WFN shall not be required to guarantee the
accuracy of these estimates.
6.Conduct periodical meetings with the OWNER to report project progress and resolve design issues.
7. Furnish to the OWNER five (5) copies of approved Plans, Specifications, and Contract Documents
and one set of reproducible plans and specifications. Additional sets of documents can be provided as
an additional service.
B. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final"
drawings and specifications by OWNER, WFN will proceed with the performance of services in this
phase as follows:
1. Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER to use in notifying
construction news publications and publishing appropriate legal notice. The cost for publications shall be
paid by OWNER.
2. Distribute one copy of plans and bid documents to selected plan rooms.
3. Assist the OWNER in maintaining information on entities that have been issued a set of bid documents.
Distribute information on plan holders to interested contractors and vendors on request.
4. Assist the OWNER by responding to questions and interpreting bid documents. Prepare and issue
addenda to the bid documents to plan holders if necessary.
5. Assist the OWNER in conducting a pre-bid conference (if required) for the construction projects and
coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda
issued after the conference. Attend the tour of the project site after the pre-bid conference (if required).
6. Assist the OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification
information provided by the apparent low bidder to determine if, based on the information available, they appear to
be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by
OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is
an additional service.
T:OFF01041 kPrl PrkWay. 16"War ~r Lino. SG.do~ SC-1 WFN
OWNER
7. Assist the OWNER in the preparation of Construction Contract Documents for construction contract. Provide five
(5) sets of Construction Contract Documents which include information from selected contractor's bid documents,
legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor.
Distribute two (2) copies of these documents to the contractor with a notice of award that includes directions for the
execution of these documents by the construction contractor. Provide the OWNER two (2) copies of these
documents for use during construction. One (1) copy of these documents will be used by WFN during construction.
Additional sets of documents can be provided as an additional service.
8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of
the Construction Contract.
C. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, WFN will proceed
with the performance of construction phase services as described below. WFN will endeavor to protect
OWNER in providing these services. However, it is understood that WFN does not guarantee the
Contractor's performance, nor is WFN responsible for supervision of the Contractor's operation and
employees. WFN shall not be responsible for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor, or any safety precautions and programs relating in any way to the
condition of the premises, the work of the Contractor or any Subcontractor. WFN shall not be responsible
for the acts or omissions of any person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
These services are based on the use of WFN standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures is an additional service. If general conditions other than WFN standards are used, the OWNER
agrees to include provisions in the construction contract documents that will require the construction contractor
to include WFN and their subconsultants on this project to be listed as an additional insured on contractor's
insurance policies.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction
schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and
prepare a form for the purpose of monthly pay estimates of the Project from information provided by the
Construction Contractor.
2. Establish communication procedures with the OWNER and contractor.
3. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide for filing
and retrieval of project documentation. Review contractor's submittals, including, requests for
information, modification requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the progress of the
contractor in sending and processing submittals to see that documentation is being processed in
accordance with schedules.
4. Based on WFN's observations as an experienced and qualified design professional and review of the
Payment Requests and supporting documentation submitted by Contractor, determine the amount that
WFN recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions
of the Construction Contract.
5. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project
Representative) to observe the progress and the quality of work and to attempt to determine in general if
the work is proceeding in accordance with the Construction Contract Documents. In this effort WFN will
endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will
report any observed deficiencies to OWNER. WFN, however, 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.
T:OFF01041\Prl PrkWy 16"water LincSC.do¢ SC- 2 WFN -~'/~
OWNER
6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided
by the Contractor such as test reports, equipment installation reports or other documentation required by the
Construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials,
witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid
by OWNER and is not included in the services to be performed by WFN.
8. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies
requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an additional service.
9. Establish procedures for administering constructive changes to the construction contracts. Process contract
modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of
these changes. Prepare change order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations,
analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of
the contractor or other deviations from the construction contract documents requested by the contractor and
approved by the OWNER are an additional service. Substitutions of materials or equipment or design modifications
requested by the OWNER are an additional service.
10. Prepare documentation for contract modifications required to implement modifications in the design of the project.
Receive and evaluate notices of contractor claims and make recommendations to the OWNER on the merit and
value of the claim on the basis of information submitted by the contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing
these services tn review or evaluate construction contractor(s) claim(s), supported by causes not within the control
of WFN are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER furnished equipment or
materials.
12. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design
concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of
deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining
legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the
certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review
completed work in excess of two trips are an additional service.
13. Revise the construction drawings in accordance with the information furnished by construction Contractor(s)
reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be
provided by WFN to OWNER. If additional surveying or inspection is necessary in order to produce accurate and
complete As-Built drawings, then such services by the WFN will be at the Per Diem Rate attached.
ADDITIONAL SERVICES: Additional Services to be performed by WFN, if authorized by OWNER, which are not
included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof,
or to verify the accuracy of drawings or other information furnished by OWNER.
T:OFF01041~rlPrkWay. 16"WaterLine.doc SC' 3 WFN -"~//f~
OWNER
F. Providing renderings, model and mock-ups requested by the OWNER.
G. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent with
approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of
WFN.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the
construction, and providing services as may be required in connection with the replacement of such work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and
material audits or inventories required for certification of force account construction performed by OWNER.
J. Providing shop, milt, field or laboratory inspection of materials and equipment. Observe factory tests of equipment
at any site remote to the project or observing tests required as a result of equipment failing the initial test.
K. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts,
arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before
any regulatory agency, court, arbitration panel or mediator.
L. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the
Construction Phase. The Resident Project Representative will act as directed by WFN in order to provide more
extensive representation at the Project site during the Construction Phase. Through more extensive on-site
observations of the work in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, WFN shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of
Article IC.
WFN informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent,
unfaithful or disorderly, such personnel shall be replaced.
M. Assisting OWNER in claims disputes with Contractor(s).
N. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
Deviations from drawings and specifications.
O. Assisting OWNER in the defense or prosecution of litigation in connection with or in addtion to those
services contemplated by this AGREEMENT. Such services, if any, shall be fumished by WFN on fee basis
negotiated by the respective parties outside of and in addition to this AGREEMENT.
P. Providing environmental support services including the design and implementation of ecological baseline studies,
environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to
address environmental issues.
Q. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective
work.
R. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory
agencies that become effective after the date of this agreement.
S. Services required to resolve bid protests or to rebid the projects for any reason.
T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to
complete the work within the contract time.
U. Providing services after the completion of the construction phase not specifically listed in Article I.
T:OF~0~04~r~kwy ~6" Wa~ Lin~.SC ao~ SC-4 WFN
OWNER
V. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for
overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs
directly attributable to an accelerated time schedule directed by the OWNER.
W. Providing services made necessary because of unforseen, concealed, or differing site conditions or due to the
presence of hazardous substances in any form.
X. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by
causes not within the control of WFN.
Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have
been submitted.
Z. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services
attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
BB. Provide geotechnical services as required.
ARTICLE III
TIME OF COMPLETION: WFN is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article IA (preliminary & Design Phases) so as to deliver
completed Plans, Specifications, and Estimates of Cost for alt authorized construction of the project, within (90) calendar
days thereafter. Review periods by City, acquiring approvals and permits have not been accounted for. WFN will
proceed with the performance of the services called for in Article IB and IC (bid and construction phases) of this
agreement until completion of the Project.
IF WFN's services are delayed or suspended in whole or in part by OWNER,or if WFN's services are extended by the
Contractor's actions or in actions for more than 90 days through no fault of WFN, WFN shall be entitled to equitable
adjustment of rates and amounts of compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the
services of WFN:
A. Designate a person to act as OWNER's representative with respect to the services to be rendered under this
AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret
and define OWNER's policies and decisions with respect to WFN's services for the Project.
B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary
limitations; and furnish copies of all design and construction standards which OWNER will require to be included
in the drawings and specifications.
C. Assist WFIq by placing at WFN's disposal all available information pertinent to the Project including previous
reports and any other data relative to design or construction of the Project.
D. Arrange for access to and make all provisions for WFN to enter upon public and private property as required for
WFN to perform services under this AGREEMENT.
OWNER
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by
WFN, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for
such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of WFN.
F. Fumish approvals and permits from all governmental authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary for completion of the Project.
G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings,
test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have
made the interpretations of data and reports resulting from such investigations. All costs associated with such
investigations shall be paid by OWNER.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for
the Project, such legal services as OWNER may require or WFN may reasonably request with regard to legal
issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as
OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code or order applicable to their fumishing and performing
the work.
I. OWNER shall determine, prior to receipt of construction bid, if WFN is to furnish Resident Project
Representative service so the Bidders can be informed.
J. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not WFN or
WFN's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project
Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the
Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the
Construction Phase services as defined in Attachment SC, Article IC, together with such adjustment of
compensation as appropriate.
K. Attend the pre-bid conference, bid opening, preconstmction conferences, construction progress and other job
related meetings and substantial completion inspections and final payment inspections.
L. Give prompt written notice to WFN whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of WFN's services, or any defect or nonconformance of the work of
any Contractor.
M. Furnish, or direct WFN to provide, Additional Services as stipulated in Attachment SC, Article II of this
AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: WFN and OWNER designate the following representatives:
Owner's Designated Representative - (Alan Mueller, 3519 Liberty Drive, Pearland,Texas 77581, (281) 652-1650)
WFN's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581, (281) 485~2404)
WFN's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281) 485-2404)
T:OFF0104P3~rlPrkWy 16- Water Line $C dm: SC-6 WFN
OWNER
ATTACHMENT CO
PERCENT OF CONSTRUCTION
For and in consideration of the services to be rendered by WFN, OWNER shall pay the fees hereinafter set forth.
A. COMPENSATION:
1. OWNER agrees to pay WFN for all professional services rendered under the AGREEMENT in accordance with
Attachment CO which is made a part of the AGREEMENT. WFN shall perform professional services as outlined
in the "Scope of Services" based on a Percent of Construction method. Based on a $360,000 estimated
construction cost, a fee of 10.75% is computed (See Attachment A), however, a 2.5% reduction is credited to the
OWNER for the use of Pearland Parkway topographical survey and design files. Therefore, based on a
preliminary construction cost of $360,000, this fee is estimated to be $29,700 ($360,000 x 8.25% = $29,700).
This fee will be adjusted upon receipt of bids as outlined in this Attachment CO. Details concerning the fees are
included in this Attachment CO.
B. COMPENSATION TERMS:
1. "Construction Cost" is defined as the total cost to OWNER for the execution of the work on the construction
Project, excluding the fees or other costs for engineering and legal services and the cost of land, right-of-way, end
administrative expenses, but including labor, materials and equipment, required for the completed work
(including extras) and the total value at the site of the Project of all labor, materials end equipment purchased or
furnished directly by OWNER for the Project.
2. "Sub-Contract Expense" is defined as the expense that is incurred by WFN in employment of others in outside
firms for services in the nature of foundation boring, testing, surveying, process design end similar services that
are not included in the Basic Services.
3. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by WFN for supplies,
transportation and equipment, travel, communications subsistence and lodging away from home and similar
incidentals in connection with that assignment.
C. BASIC SERVICES:
1. For providing Basic Services as described in Article I for the Project, ENGINEER shall be paid a Basic Fee
computed as a percentage of the construction cost of each portion of the Project authorized for the same bid date.
This fee shall be based on Fee Curve shown on Exhibit "A". A 2.5% fee percentage is credited to the Owner for
use of applicable topographical and design plans for the Pearland Parkway Roadway Extension. All the
construction cost of the authorized portion of the Project in Attachment SC shall be added together before
applying the Fee Curve.
For the purposes of preparing monthly statement, 85% of the Basic Fee shall be for the Preliminary and Design
Phases (Attachment SC, Article IA.), and 15% of the Basic Fee shall be for the Construction Phases (Attachment
SC, Articles IB & C). If construction bids are received and a contract is not awarded, payment to WFN shall be
85% of the Basic Fee times the lowest bona fide bid received. If construction bids are not received within six (6)
months of the submission of final documents by WFN, payment to WFN shall be 85% of the Basic Fee times the
final opinion ofprohable construction cost developed end agreed to by OWNER and WFN.
T:OFFOlO41\P55E. PdPkWy. PrCnt.Const.doc CO-1
WFN
OWNER
ATTACHMENT CO
2. if a portion(s) of the Project is deleted by OWNER following submittal of the Preliminary Phase, the payment t°
WFN for the deleted portion of the Project shall be 25% of the Basic Free rate, as determined in B.1, above, times
the estimated probable construction cost for the deleted portion of the Project. If a portion(s) of the project is
deleted by OWNER following submittal of final drawings and specifications, the payment to WFN shall be 85%
of the Basic Fee rate, as determined in B. 1, above times (1) the actual construction cost of the part under
contract, plus (2) the final estimated probable construction cost of the deleted portion of the Project.
3. WFN will submit requests for partial payment based on the amount of services complete; however, the sum t°tal
of those payments for the Basic Services shall not exceed 95% of the total estimated fee at time of submission of
the final drawings and specifications to OWNER. The final 5% shall be due and payable upon submission of
construction bids by contractors. The estimated fee shall be based on the preliminary opinion of probable
construction cost. The final fee will be adjusted to reflect actual construction cost.
Fees for General Representation during construction phase shall be computed on the basis of value of construction
work performed by the Contractor as reflected by the monthly estimates prepared by WFN.
D. ADDITIONAL SERVICES:
1. If other Additional Services as described in Attachment SC, Article II, are required WFN shall be
compensated as follows:
a. Where the services of individuals are supplied by WFN, as authorized by OWNER, payment for these
services will be based on Attachment "B", Schedule of Charges, except for resident project representative
services which will be a flat $50/hour rate plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by WFN shall be reimbursed at
actual cost time a multiplier of 10%.
T:OFF01041~P55E. pflPkWy. PrCnt. Const.doc CO-2
WFN
OWNER
ATTACH14ENT "A"
,~ CURVE FOR ENGINEERING.COMPENSATION
a ~ FOR ROADS, BRIDGES, AND RELATED SERVICES.
~o~
BASIC SE~CE9 -- ~RCE~
JAN
ATTACHMENT "B"
WALSH/FREESE · NICHOLS
SCHEDULE OF CHARGES
POSITION MIN MAX
PRINCIPAL OF FIRM 165 215
SENIOR CONSULTANT 105 105
OFFICE MANAGER 120 120
SENIOR PROJECT MANAGER 105 120
PROFESSIONAL ENGINEER/PROJECT MANAGER 75 85
DESIGN ENGINEER 60 75
SR. CADD DESIGNER 45 55
CADD OPERATOR 40 45
RESIDENT CONSTRUCTION INSPECTOR 50 50
CONTRACT/OPERATIONS ANALYST 65 65
WORD PROCESSING/SECRETARIAL 45 50
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plotting Printing
Bond $ 2.00 per plot Bluelines/Blacklines $0.08 per square foot
Color $ 3.50 per plot Offset and Xerox Copies $0.07 per side copy
Vellum $ 4.00 per plot Binding $2.00 per book
Mylar $10.00 per plot Tape Binding $1.75 per book
Computer and Cadd
PC Cad Stations $10.00 per hour
PC Stations $ 8.00 per hour
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at acntal cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staff members.
T:\OFF99999~?N Schedule o f Chatge~2.wpd
Walsh/Freese and Nichols, Inc. · Engineers · Environmental Scientists · Architects
2010 East Broadway · Pearland, Texas · 77581-5502
281-485-2404 · Fax281-485-4322 · www.freese.com
Project MHnager Hr, $120.00 5o.(~0 $6,000.O0
Project HngJneer Hr. $85.00 120,00 $10,200.00
CAD Teehnici~tn lit. $,4.5.00 260.00 $11,700.00
'ClericaJ Hr. ii $50.00 36.00' $1,800.00
TOTAL $29,700.00
Actual fee is based on % of construction and will be adjusted per Iow bid.
C:pua~andpkwy16wlFee
PRELIMINARY CONSTRUCTION COST ESTIMATE
CITY OF PEARLAND
PEARLAND PARKWAY: Sta. 29+70 to 92+00
I 16" PVC Water Transmission Line LF $45.00 6,230.00 $280,350.00
2 Fire Hydrant EA $1,100.00 12.00 $13,200.00
3 16" Gate Valve & Box EA $3,000.00 3.00 $9,000.00
4 6" Gate Valve & Box EA $500.00 12.00 $6,000.00
5 16" x 6" Tee EA $600.00 12.00 $7,200.00
6 Tie-in to Existing Line EA $500.00 1.00 $500.00
7 Miscellaneous Fitting TN $2,200;00 1.50 $3,300.00.
8 Trench Safety LF $1.00 6,230.00 $6,230.00
9 Site Restoration LS $2,000.00 1.00 $2,000.00
SUBTOTAL $327,780.00
CONTINGENCIES @ 10% $32,778.00
TOTAL ESTIMATED CONSTRUCTION COST $360,558.00
file:c:pearlandpkwyl 6wi
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DATE
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EXIBIT NO.
1