R2001-0183 01-14-02 RESOLUTION NO. R2001-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH WALSH/FREESE & NICHOLS, INC.
ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD
2'1" SANITARY SEWER IMPROVEMENTS.
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 & 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 & Nichols, Inc. for
engineering services associated with the Dixie Farm Road 21" Sanitary Sewer
improvements.
PASSED, APPROVED and ADOPTED this the 14 dayof
A.D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
Exhibit "A"
R200f-'183
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") 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: Dixie Farm Road 21" Sanitary Sewer
(Qakbrook Drive to Cowart Creek)
Maximum ContractAmount: $31,750 (Lump Sum) with $2,200 (NTE
Additional Services)
Contract Begins: Upon Execution
Contract Ends: Upon Completion
Attached ContractDocument: Attachment SC (Scope of Services and
Responsibilities of Owner)
Attachment CO (Compensation)
Walsh Surveying, Inc.-Subconsultant Proposal
Tolunay-Wong Engineers Subconsultant
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
thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written
notice to City, suspend services under this Contract until Engineer has been paid in full,
all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. 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. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City,
8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions, 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.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
4
EXECUTED and EFFECTIVE as of the I"/"(~ay of ~/~i~v,~,~.~ ,20~ .
CITY OF PEARl_AND
Signature'
Name/-ritle: _ ~
ENGINEER
Signature:
5
STATE OF TEXAS §
COUNTY Of BRAZORIA §
~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
'~11 ~5~°~ , 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 I L~Jr/'1 DAY OF
¢1t/~/',-I , A.D., 2002.
/::~ ;;~., Gene ~imeon
J ~ ~".,, . ~ .... ~ N~TARY PUBLIC IN AND FOR THE
~ ~ ~/ / ~.~,,~,0,,~,,,. ~ STATE OF TEac
.... Printed Name: ~
My Commission Expires: ~Off~m ~/
STATE OF TEXAS §
COUNTY OF BRAZORIA §
/.~/.j.~BEFORE ME, the uadersigned Notary Public, on this day personally appeared
~,~,/;5~..~, known to me to be the person whose name is
'sub~cribed 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
, A,D., 2001.
STATE OF TEXAS
~\/~"~/~J My Commission Expires,' ~,
03.0,2005 /Z)//c'
,~,/~- '~- ~'~ '~ '/' '~/' ~' ~ "' ~'" '" ' '~ "~ Printed Name: ~_.///c:/
T:oF~0,0.,.5~.~.~o~o~..s,~ ^~ My Commission Expires:,
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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. PRELIMINARY AND DESIGN PHASE
1. Attend preliminary conferences with the OWNER to establish requirements for the
Project and review available data.
2. Use the planimetric mapping from the Dixie Farm Road Widening Project to prepare
the necessary background topography for the Project.
3. Conduct additional field surveying to gather supplemental field information needed
specifically for this Project. (subconsultant's proposal attached). Scope does not
include preparation of easement/R.O.W, documents (R.O.W. is to be acquired as a part
of the Dixie Farm Road Widening Project).
4. Conduct geotechnical investigation for the purpose of design of the project (see
subconsultant's proposal attached).
5. Prepare construction plans and details for approximately 3,400' of 21" gravity sanitary
sewer line extended from Oakbrook Dr. to Cowart Creek.
6. Prepare detailed specifications and Contract Documents for the construction authorized
by the OWNER.
7. Prepare detailed cost estimates of authorized construction. WFN shall not be required
to guarantee the accuracy of these estimates.
8. Conduct periodical meetings with the OWNER to report project progress and resolve
design issues.
9. 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.
SC-1
WFN
OWNER
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.
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. Fumish 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 WEN 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 OWlqER 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.
SC-2
WFN.,~q~'
OWNER
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 project 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.
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
SC-3
WFN .~.~,~2
OWNER
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 eontraetor 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 to 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 £mal 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.
ARTICLE II
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 fight-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.
F. Providing renderings, model and mockmps requested by the OWNER.
SC4
WFN
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 conceming 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, mill, 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.
If OWNER provides personnel to support the activities of the Resident Project
Representative who is WFN or WFN's agent or employee, the duties, Responsibilities
and limitations of authority of such personnel will be set forth in an Attachment
attached to and made a part of this AGREEMENT before the services of such
personnel are begun. It is understood and agreed that such personnel will work under
the direction of and be responsible to the Resident Project Representative. OWNER
agrees that whenever Vv2~q 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 the drawings and specifications.
O. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by V~FN on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
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WFN ~.~
OWNER
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.
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 all 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.
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WFN
OWNER
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 1V
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 WFN 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.
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. Furnish 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
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WFN
OWNER
that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing 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, preconstruction 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 AGREEIVIENT 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)
8C-8
WFN
OWNER
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES
For and in consideration of the services to be rendered by WFN, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
1 Preliminary and Design Phases: Based on a preliminary construction cost of $350,000, a
fee of 10.75% of construction is computed (See Exhibit "A'). However, a 2.5%
reduction is credited to the OWNER for the use of Dixie Farm Road Widening project's
applicable topographical survey and design files. For the purpose of preparing monthly
statement, 85% of the Basic Fee shall be used for Preliminary and Design phases.
Therefore, compensation to WFN for the Preliminary and Design Phases in Article IA of
Attachment SC shall be a lump sum of $24,544 ($350,000 x 8.25% x 85%=$24,544). If
WFN sees the Scope of Services changing so that additional services are needed, WFN
will notify OWNER for OWNER's approval before proceeding.
2 Construction Phase: For the Construction Phase of the project 15% of the adjusted Basic
Fee shall be allocated. Therefore, compensation to WFN for Bid and Construction Phase
in Article IB&C of Attachment SC shall be a lump sum of $4,331 ($350,000 x 8.25% x
85%= $4,331). IfWFN sees the Scope of Services changing so that additional services
are needed, WFN will notify OWNER for OWNER's approval before proceeding.
3 Additional Services: For Additional Services as defined in Article IA of Attachment SC,
a total budget of $4,895 is proposed.
Detail concerning thc fees is included in this Attachment CO.
B COMPENSATION TERMS:
1. "Construction Cost" is defined as the total cost to OWNER for the execution of thc work
on the construction Project, excluding thc fees or other costs for engineering and legal
services and the cost of land, right-of-way, and administrative expenses, but including thc
direct cost to OWNER of all current construction contracts, items of construction
including labor, materials and equipment, required for thc completed work (including
extras) and the total value at the site of Project of all labor, materials and equipment
purchased or furnished directly by OWNER for the Project.
2. "Sub-Consultant 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 borings,
testing, surveying, process design and similar services that are not included in the Basic
Services.
3. "Direct Non-Labor Expense" is de£med 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.
OWNER
ATTACHMENT CO
C. BASIC SERVICES:
1. Upon authorization from the OWNER, WFN shall proceed with the services outlined in
Article IA of Attachment SC. For the purposes of preparing monthly statements for the
preliminary and design phase of the Project, WFN shall submit to the OWNER payment
requests in proportion to that part of the service which has been accomplished as
evidenced by monthly statements. Final payment for Preliminary design phase shall be
due upon .the completion of service, whether the work be constructed or not.
2. Upon authorization from the OWNER, WFN shall proceed with services outlined in
Article IB&C of Attachment SC. Monthly payment requests shall be submitted to the
OWNER for that portion of service which has been accomplished as evidenced by
monthly statements. Final payment for construction phase services shall be due upon the
completion of service.
D. ADDITIONAL SERVICES:
1. Additional Services as described in Article IA of Attachment SC for this Project shall be
invoiced either based on our Schedule of Hourly Rates or subconsultant fee plus 10%, as
applicable. The Additional Services for this Project are as follows:
a. Additional topographical field surveying for the purpose of design
(cost-not-to-exceed)(Sub-eonsultantplus 10%) $ 2,200
b. Geotechnieal investigation, Sub-Consultant plus 10% $ 2,695
Total, Additional Services $ 4,895
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 salary costs times a multiplier of 2.95,
except for resident project representative services which will be a flat $60/hour rate
plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by WFN
shall be reimbursed at actual cost times a multiplier of 10%.
T:OIFF0104 I~d*BARIP 550colr~n~at[on CO-2 WFN '~',~
OWNER
EXHIBIT A
· . CURVE FOR ENGINEERING COMPENSATION
~"FOR ROADS, BRIDGES, AND RELATED SERVICES.
.WALSH SURVEYING, INC. , ,L',^MPresident C. W^LSH, P.E., R.P.L.S.
2006 Broadway, P.O. Box 760
PROFESSIONAL LAND SURVEYORS PEARLAND, TEXAS 77588-0760
281/485-3991 FAX 281/48S-SSg8
November 13, 2001
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols
2010 East Broadway
Pearland, Texas 77581
Re: Proposed City of Peadand Water and Sanitary Sewer Design
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services to complete a topographic
survey on Dixie Farm Road for water line and sanitary sewer line design in Pearland,
Texas. The survey will be limited to the area from the north edge of pavement to a line
located 70-feet north of the centerline of pavement. The project will commence at the
entrance road to Dixie Woods Estates and extend southwesterly to Coward's Creek. We
understand that we ara to utilize the planimetric surveys created for the Dixie Farm Road
widening Project. We will supplement these maps with additional information as is
necessary for design purposes. We anticipate that these services will not exceed
$2,000.00. The field work can be completed within five days following authorization to
proceed.
Thank you for this opportunity to be of service.
Y, eurs truly, ~A
Michael D. Wilson, R.P.L.S.
Vice President
A CENTURY OF SERVICE
1
WALSH/FREESE•NICHOLS
SCHEDULE OF CHARGES
POSITION MIN MAX
PRINCIPAL OF FIRM 165 215
SENIOR CONSULTANT 105 105
OFFICE MANAGER 125 125
SENIOR PROJECT MANAGER 110 125
PROFESSIONAL ENGINEER/PROJECT MANAGER 85 95
. DESIGN ENGINEER 75 85
SR. CADD DESIGNER 45 55
CADD OPERATOR 40 45
RESIDENT CONSTRUCTION INSPECTOR 60 65
CONTRACT/OPERATIONS ANALYST 65 65
WORD PROCESSING/SECRETARIAL 50 55
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plotting Printing
Bond $ 2.00 per plot BluelinesBlacklines $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 actual 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:0FF9999\F N2002ScheduleotCharges.wpd
Walsh/Freese and Nichols, Inc. • Engineers • Environmental Scientists • Architects
2010 East Broadway ■ Pearland,Texas ■ 77581-5502
281-485-2404 ■ Fax 281-485-4322 ■ www.freese.com
Tolunay-Wong Engineers,Inc.
November 13, 2001
TWEI Proposal No: P01-532
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols
2010 E. Broadway
Peafland, Texas 77581-5502
PROPOSAL FOR GEOTECItNICAL SERVICES
DIXIE FARM ROAD 21 IN. SANITARY SEWER IMPROVEMENTS
FROM OAK BROOK DRIVE TO COWART CREEK
CITY OF PEARLAND, TEXAS
Dear Mr. Bavarian:
We appreciate the opportanity to submit our proposal to provide geotechnical services for the
referenced project. The project details were verbally provided by you on November 12, 2001. ~l~ne
project consists of a 21 in diameter sanitary sewer along Dixie Farm Road from Oak Brook Drive to
Cowart Creek.
Scope of Services
Our scope of services will consist of field exploration, laboratory testing and the preparation of a
geotechnical engineering report documenting our findings and recommendations.
~. As requested by you, we will drill three 25-ft deep soil borings along the
sewer line alignment to evaluate the subsurface soil and groundwater conditions. We will backfill the
open boreholes with the cuttings 24 hours after completion, and after obtaining the 24-hr water level
reading. We will transport representative portions of the recovered samples to our soil mechanics
laboratory for testing.
~. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content, f'mes content and plasticity
characteristics of the soils. All testing will be performed in accordance with appropriate ASTM
standards. We will keep the samples for 30 days after the final report is presented. We will discard the
samples after that time, unless instructed otherwise.
En ineerin Re ort. We will prepare an engineering report that will present our findings and
provide you with geotechnical design and construction recommendations for the proposed project,
including:
t10710 S. Sam Houston Pkwy W., Suite 1190, Houston, TX 77031 (713) 722~7064 Fax (713) 722-0319 [
Mr. Mehran Bavarian, P.E. 2
TWEI Proposal No.: P01-532
November 13, 2001
· Soil stratigraphy
· Groundwater conditions
· Sanitary sewer bedding and backfill criteria
· Retention criteria and soil type
· Groundwater control recommendations
Budget
Our lump sum cost for the above described services is $2,450 and wffi not be exceeded
without yonr prior approval. The cost for the geotechnical study assumes that ingress and egress to the
site are provided by others.
Schedule
We can mobilize our drill crew within two to three days after your authorization is given and after
the underground utilities are cleared. We can complete the field work in one to two days, and issue our
engineering report within seven to ten working days after that. We can finnish you with verbal
preliminary design information upon completion of the field work.
Acceotance of Pro~
If you accept this proposal, please sign below and return one copy to our office. The terms and
conditions are attached on Exhibit A.
Closing Remarks
Again, we would like to express our appreciation for the opportunity to submit this proposal and
look forward to serving you on this projcet.
Sincerely,
TOLUNAY-~WONG ENGINEERS, INC.
Daniel~.D., P.E.
DOW/be
Attachment: Exhibit A
Accepted by:
Name:
Date:
EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNAY-WONG ENGINEERS, 1NC., hereinafter referred to as GEOTECHNICAL
ENGIHEER, and the CLIENT of the a~ached PROPOSAL. This AGREEMENT between the parties consists ofthase TERMS, the
attach~l PROPOSAL and any exhibits or at~achmants noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations arc
m~da, and that site conditions may change with tim~. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER wilt bc based solely on information available to thc GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parfi~s'
interpretations or use of thc information developed.
Services performed by the GEOTECHNIC AL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of thc enginecting profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIEiXrl~ will grant or obtain flee access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT
has granted GEOTECHNICAL ENGINEER fi'ce access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the enrrectiun of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All h~ardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of munitoring
specific portions of thc construction work as set forth in thc PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT end others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
thc CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on sits does not in any way guarantee the compledon or
quality of the performance of the work of any party retained by the CLIENT to provide construction related services.
Thc GEOTECHNICAL ENGINEER will not be responsible for and will not have cunt~ol or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is
indicated, in aceordence with the Schedule of Fees, as shown in thc PROPOSAL end its at~aeinnents. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. IfCL1ENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disa~cement, any pay when due that portion of the invoice not in dispute. Thc parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence ofwri~en notification daseribed above, thc balance as
stated on the invoice will be paid.
Page ! of 2
Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1-1/2 ( 1.5 ) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portian of the invoiced amount in dispute and resolved in favar of CLIENT. Payment thereafter will flint be appliad to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
conn~tion with collection of any delinquent amount will be paid by the CLIENT to GEOTECHN1CAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of tarminatiun.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injmy or loss, arising out of the
GEOTECHN1CAL ENGINEER's performance of the services described in this AGREEMENT. This indemaity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under any one or more theories
ofrecevery, including breach of canUact, negligence, s~ct or statutory liability or any other cause of action
LIMITATION OF LIABILITY.
The CLIENT will Emit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEEIL In the event the CLIENT fails to obtain a like
limitation of liability provision, the liability of the CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECI~ICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected haz~xdons materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating arenegotialian
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHN1CAL ENGINEER for any equipment decontamination or other costs incident to
the discovery ofhazardons waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the prope~y owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemaify, and save GEOTECHNICAL ENGINEER harmless fxom any
claim, liability, and/or defense costs for injury or loss raising from GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay nfthe project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of thase TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the anfarceability of the remaining
provisiuns will not be impaired. Limitatinns of liability and indemnities will survive termination of the AGREEMENT f°r anY canse'
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