R2001-0133 10-08-01 RESOLUTION NO. R2001-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACTWITH JKC &ASSOCIATES,
INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE
HARKEY ROAD 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
JKC & Associates, 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 JKC & Associates, Inc. for engineering
services associated with the Harkey Road water line.
PASSED, APPROVED and ADOPTED this the
A.D., 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
8 day of October
TOM REID
MAYOR
Exhibit "A"
R200'1-'133
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and JKC & Associates, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer:
Description of Project:
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attached Contract Document:
JKC & Associates, Inc.
Harkey Road Water Main
$55,617
Upon execution
Upon completion
Proposal
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 therefore, the amounts
due Engineer will be increased at the rate of one percent (1%) per month from said
th
thirtieth (30) 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. Ail 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.
E. The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a Notice-
to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the
Microsoft Project for Windows format. The Work 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 Work 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 work
schedule, through no fault of the Engineer, additional contract time will 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 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.
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 $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.
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 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.
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 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 8 day of October ,20 01
ATTEST:
~Secret~ -- ~
APPROVED AS TO FORM:
CITY OF PEARLAND
Bill Eisen
City Manager
Darrin M. Coker
City Attorney
ATTEST:
Printed Name:
Title:
Printed Name:
Title:
STATE OF TEXAS
COUNTY OF "'~ ~'~
BEFORE ME, the undersigned Notary Public, on this day personally appeared
"~,'11 ~',~,,.,- , 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 ~)0 DAY OF
,A.D., 20 o /
~[~,~.~.~ No.fy P~bl!c~ State_ of Texas
.~%~k.~ My Commission Expires:
~ ~ AP~L 2, 2005
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: c~t~/~-.~ .~ ~r~t~/
My Commission Expires:~)o,",'] ~,. 5005"
STATE OF TEXAS §
COUNTY OF,~,~~
BEFORF.,.ry1E, the undersigned Notary Public, on this day personally appeared
--~~ ('/.~¢~J'x%,~_.(.~,")~ known to me to be the person whose name is
s~bsc~bed to t~e foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
~~DER MY HAND AND SEAL OF OFFICE THIS
,A.D.,20OI ·
NerVy Pabl~, ~ ¢~ Texas
JULY 30, 200~._
/~T- DAY OF
NOTARY PI.~L~H E
STATE OF TEXAS
Printed Name'~///-~ /~-~ //~.-~
My Commission Expires: '-~/~-~,~,,~ .:~
20 September, 2001
Mr. Alan Mueller
City of Pearland
3519 Liberty. Drive
Pearland, TX 77581
RE: Proposal for Engineering Services
Harkey Road 16" Water Extension
Dear Mr. Mueller:
I sincerely appreciate the opportunity to provide this engineenng services proposal. Per
our conversation, JKC & Associates, Inc. (JKC) proposes to offer the following services
in support of the referenced waterline and sanitary sewer construction project.
PROJECT DESCRIPTION
The scope of proposed improvemems include installation of approximately 6,000 feet of
new 16" waterline and appurtenances extending along Harkey Road from Fite Road to
Cottonwood.
We have attached a Preliminary Engineer's Estimate for this proposed work for your
review, and we anticipate a total project cost of $441,755 including construction,
engineering, surveying, right-of-way acquisition and legal expenses. Please note that the
figures included for Right-of-way acquisition and Legal are guesses provided by JKC; the
City may have a more informed approximation for these costs.
SCOPE OF WORK
Upon authorization to proceed, JKC proposes to provide the following professional
services in support of this City of Pearland project:
1. JKC will provide site boundary and topographic surveys required for the base design
drawings.
2. JKC will provide site geotechnical investigations for use in designing the utility
improvements.
3. JKC will provide detailed engineering design of proposed sanitary sewer and
waterline improvements for the purposes of permitting, bidding and constructing the
project. The design will consist ora master layout sheet showing the extent of
improvements and plan & profile sheets showing the proposed improvements with all
required specifications and details. These engineering drawings will be generated in
accordance with City of Pearland development standards.
4. JKC will generate all required documents m bid the project.
909 B West Main Street · League City, TX 77573 · phone: (281) 332-1120 · FAX: (281) 332-2466
-Harkey Road 16" Water Extension
City of Pearland, Texas
Page 2 of 3
5. JKC will provide eight (8) blueline copies of the plans for the purposes of bidding
and construction.
6, JKC will generate as-built drawings of water improvements incorporating field
changes as noted on marked-up plans provided by the City (or contractor),
7~ JKC will provide one (1) set of mylar originals and two (2) blueline copies of the as-
built drawings upon completion of work.
Additional services' shall only be performed when directed by the City of Pearland as they ·
are not Considered normal and customary engineering services. Additional services may
include, but are not necessarily limited to:
Services resulting from significant change in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of the construction or method of financing and revising previously accepted
.design documents or ContraCt Documents when such revisions are dueto causes
beyond JKC's control.
Preparation of documents for alternative bids requested by the City or documents for
out of sequence work.
Preparing to serve as a consultant or witness for the City in any litigation; public
hearing or other legal or administrative proceeding involving the Project.
Additional or extended services during constmction made necessary by (1) Work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time; (4) acceleration of the progress schedule involving services beyond
normal Working hours and (5) default of Contractor.
· Additional services not otherwise provided for in the Scope of Work.
JKc will endeavor to apprise the City of any potential or extended services that may
result from the above listed items, prior to JKC's expenditure of time on such services.
As'previously noted, any such extended or additional services shall only be performed
when directed by the City. If additional services are required, they will be billed at the
following rates:
Project Manager $75/hour
Staff Engtneer $55/hour
Draftsman $45/hour
Clerical $30/hour
SCHEDULE
JKC expects it will take approximately thirty (30) days to collect the survey information
required for design once the City gives authorization to proceed. It will then take
JKC & Associates, Inc.
20 September, 2001
Harkey Road 16" W~ter Extension
City of Pearland~ Texas
Page 3 of 3
approximately thirty (30) days to generate the construction drawings and prepare the'bid
documents. Once the bid documents are generated, the project will proceed according to
the City's schedule for advertising, collecting and opening the bids.
LUMP SUM PROPOSAL
JKC proposes to provide these services for the lump sum fee of $21,941 for engineering
services and $33,970 for surveying (see attached proposal for C.L. Davis & Co.). Tiffs
mount represents a fee of about 18~1% of estimated construction cost for engineering &
surveying.
Invoices will be generated monthly according to percent of work done during the
previous billing cycle, and JKC asks for payment within thirty days.
Thank you very much for the opportunity to submit this propOsal, and I look forward to
working with you. Feel free tO call me at (281) 332-1120 if you have any questions.
Sincerely,
JKC & Associates, Inc.
JKC & Associates, Inc.
20 S~ptember, 2001
Dods Club
Community
Pork
SCALE: 1" = 10OO'
T[RRELL
~ory's Creek
RAZA
HARKEY ROAD 16" WATER EXTENSION
CITY OF PEARLAND
JKC & Associates, Inc.
909B West Main Street
~2eague City, Texas 77575
81) 552-1120
HARKEY ROAD 16" WATER
PRELIMINARY ENGINEER'S ESTIMATE
September 20, 2001
I I I
ITEM QTY UNITS COST COST COMMENT
SITE WORK
Mobilization 1 LS 4,000.00 4,000.00
Traffic Control 1 LS 3,500.00 3,500.00
Seeding & Fertilizing 2.7 AC 2,000.00 5,400.00
SUBTOTAL SITE WORK 12,900.00
WATER
16" Gate Valves w/boxes 6 EA 1,450.00 8,700.00
Fire Hydrant Assemblies 12 EA 1,750.00 21,000.00
16" PVC Water in 20" Steel Case 150 LF 225.00 33,750.00
16" PVC Waterline w/fittin~ls 5,850 LF 31.00 181,350.00
SUBTOTAL WATER 244,800.00
Construction Subtotal 257,700.00
Contingency/ 20% 51,540.00
CONSTRUCTION TOTAL $309,240.00
ADMINISTRATIVE
Engineering & Geotechnical 7.0% $21,647
Surveying $24,070
Right-of-way Acquisition $51,798 Esmt prep & land acquisition
Legal $35,000
ADMINISTRATIVE TOTAL $132,514.80
PROJECT TOTAL I $441,754.80
C.L. DAVIS & COMPANY
LAND SURVEYING
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
{281) 482-9490
FAX (281) 482-1294
E-MAIL: c~davisc@gte.net
August 21, 2001
Revised September 19, 2001
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Pearland Water and Sewer Extension on Harkey Road from Fite Road
To Raza Street (Estimated 6,400')
Dear Mr. Mueller:
Our proposal for land surveying services for the above referenced project is as follows:
Specifically, our proposal covers the following item(s):
1. Establish right-of-way lines of Harkey Road from Fite Road to
Raza Street ................................................................................. $6,400.00
2. Topographic survey of Harkey Road from Fite Road to Raza
Street from west right-of-way line to 20' east of east right-of-
way line at 50' cross sections .................................................... $15,770.00
3. Stake construction baseline at beginning, end, angle points
and 500' stations (estimated 15 points) and establish Texas
State Plane Coordinates on control points .................................. $1,900.00
4. Preparation . of legal description..s! drawings and
monumentatlon of right-of-way acquisitions on west side of
Harkey Road between Mary's Creek and extension of
Cottonwood (Fee based on estimated 9 tracts at $1,100.00
par tract - fee will be determined by actual number of tracts) ... $9,900.00
Estimated Total Amount of Proposal .............................................. $33,970.00
The following item~ will be invoiced at cost:
2001-098 JKC Pearland Streets la.doc
Reproductions
Submittal fee(s) to governmental agencies
Delivery service
Electronic Nail
Abstracting
Payment of all invoices is due thirty days from receipt. Any changes or revisions in the scope
of the project after authorization to proceed will be billed on an hourly basis as described
below:
Principal
Registered Professional Land Surveyor (RPLS)
Technical/Cadd
Three-man field crew
Data Collection
Clerical
$125.00
$85.00
$70.00
$110.00
$30.00
$45.00
All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701
North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints
about surveying services should be sent to the above address to the attention of Complaints
Officer of the Board.
Thank you for the opportunity to submit this proposal and we look forward to working with
you.
Sincerely, Approved & Accepted
C.L. Davis, R.P.L.S.
Mr. Alan Mueller
City of Pearland.
2001-098 JKC Pearland Streets la.doc
CITY OF PEARLAND
STANDARD AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
This Amendment (hereinafter "Amendment") is made between the City of
Peadand, Texas (hereinafter"City"), and JKC .& 'Associates, Inc. (hereinafter
"Consultant") to amend that COnsultant services contract (the "Contract") between the
City and the Consultant executed on October 8, 2001 for Engineering Services
associated with the Harkey Road Water Main Water & Sewer.
1. Amended Terms. The City and the Consultant hereby agree that the Contract is
amended as follows:
A. Increase Maximum Contract Amount by $2,450.00;
B. See Attachment for additional services.
2. Contract; to Remain in Force. Other than the provisions of the Contract expressly
amended herein, the Contract shall remain in full force and its enforceability shall be
unaffected by this Amendment.
EXECUTED and EFFECTIVE as of the /-~- day of ~-~-,~
CITY OF P~
Signature: ,~~
Name/Title: ~? ¥'~,-~'.,~ ~_~.½
CONSULTANT
Name/Title: ,~'3,,,,~
11 December 2002
Mr. Joe Wertz
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Change Order Request No. 1
Harkey Road Water Main
P.O. No. 020313
Dear Joe,
Please accept this request for a change order to the referenced design contract between
the City and JKC & Associates, Inc. The cost change was based upon a change in the
scope of work for engineering services as requested by the City's Program Management
group.
SpecifiCally, the additional work includes:
1. Revise drawings to include placing a new 16" water main (211 If) to replace an
existing 8" section south of Sharondale. Change Order requested $250.00.
2. Provide an additional 2 easement legal descriptions (9 were estimated, 11
provided). Change Order requested $2,200.00.
The requested compensation for this additional work is $250.00 for engineering services
and $2,200.00 for surveying services for a total of $2,450.00.
Please do not hesitate to call us at (281) 332-1120 if you have additional questions.
Sincerely,
JKC & Associates, Inc.
~n Christian~
c: File 01-0112
:C.L. Davis & Compang
FAX NO.
:281 482 1294
Dec. 10 2882 04:17PM P2/3
C. L. DAVIS & COMPANY
LAND SURVEYING
1500 Wir. di.,~ W~y
I:rk:~lm,amd, Tex~.,~ 77546
(281) 482-9490
FAX 482-! 294
December 10, 2002
Mr. ]ason Christian
3KC & Associates
909 B West Main Street
League City, TX 77573
C.L. DaViS3ob Number 11-421-60-A
(Additional Services) Peadand Water and Sewer Extension on Harkey Road from Fire Road-
to Raza Street (Estimated 6,4009
Dear Mr. Christian:
Additional services were required to complete Item 4 of the original contract, which estimated a total
of 9 parcels to be acquired for additional right-of-way. The actual total number of parcels acquired
was 11, which increased the estimated fee from $9,900.00 to $12,100.00
If any additional information is required, please call.
Sincerely,
C. L. Davis, R.P.L.S.
Associates, Inc.
Civil and Environmental Services
11 December 2002
Mr. Joe Wertz
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
RE: Change Order Request No. 1
Harkey Road Water Main
P.O. No. 020313
Dear Joe,
Please accept this request for a change order to the referenced design contract between
the City and JKC &Associates, Inc. The cost change was based upon a change in the
scope of work for engineering services as requested by the City's Program Management
group.
Specifically, the additional work includes:
1. Revise drawings to include placing a new 16"water main (211 lf) to replace an
existing 8" section south of Sharondale. Change Order requested$250.00.
2. Provide an additional 2 easement legal descriptions (9 were estimated, 11
provided). Change Order requested$2,200.00.
The requested compensation for this additional work is $250.00 for engineering services
and$2,200.00 for surveying services for a total of$2,450.00.
Please do not hesitate to call us at(281) 332-1120 if you have additional questions.
Sincerely,
JKC & Associates, Inc.
is 00.AA,C .2?00
o
. .n Christian P.E. \
c: File 01-0112