R2002-0004 01-14-02 RESOLUTION NO. R2002-4
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-
LOCKWOOD, ANDREWS & NEWNAM, INC, FOR ENGINEERING
SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF
PEARLAND PARKWAY LANES THREE AND FOUR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract b~/ and between the City of Pearland and
Walsh/Freese & Nichols- Lockwood, Andrews & Newnam, 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-Lockwood,
Andrews & Newnam, Inc., for engineering services associated with the design and
construction of Pearland Parkway Lanes three and four.
PASSED, APPROVED and ADOPTED thisthe 14 .dayof January
A.D., 2002.
TOM REID
MAYOR
[ ATTEST: ~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-04
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, - Lockwood, Andrews, & Newnam
Project Team (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:
Walsh/Freese & Nichols, Inc. - Lockwood,
Andrews, & Newnam
Pearland Parkway Southbound Lanes from sta.
14+00 to sta. 88+00 and from sta. 116+00 to
sta. 186+00 (Beltway 8)
$148,266 (Lump Sum) with $15,800 (NTE
Additional Services)
Upon Execution
Upon Completion
.Attachment SC (Scope of Services and
Responsibilities of Owner)
Attachment CO (Compensation)
The Wilson Survey Group, Inc. - Subconsultant
Proposal
James Carroll Kell - 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' wriffen
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
2
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
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 Governin,q 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 EFFECT,VE ~s ofthe .J~ay of
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CITY OF PEAR LA N D.~.~~_/:)'~ ~/"'~
Signature:
Name/Title: ~jjJ J~I~Y~//~I~I //)~¢~/'
ENGINEER
Signature: -~/~--~ ~'~
Name/Title:
STATE OF TEXAS §
COUNTY OF BRAZORIA §
g I~I~FC).RE ME, the undersigned Notary Public, on this day personally appeared
il/ ~j6e~ , 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 IL/ DAY OF
~..)_r,m/~ ¢~/ . , A.D., 2002. ~
~_;,~,"!;.'~,~, Gene Simeon
~ /~.'~; '~"nla,~ Pubhc Slle0 Texas ~ NO~AR~'-~-UBLIC IN AND FOR THE
J~, ~..."j~) .~ ~,~.,,,m,,,,0,,,,,,,. [ STATE OF TEXAS
~ ' Printed Name: (_fl.~4~- ~)1'mL°°~'l
My Corniness,on Expires:
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~"/~ ~, 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.
_..~~R MY HAND AND SEAL OF OFFICE THIS
, A.D., 2001.
,~_~ LYNETTEWILSON t~
,~/'~[.~E....\A\ Notary Public, State Of Texas ~
".~.~'~.);] My Commission Expi,es: ~
~ 03/10/2005 ~
/q DaY OF
~IOTCF~'~ ~UBLIC IN ANE~ FOR THE
STATE OF TEXAS
Printed Name: ~J ~ ~)~'! 5'
/
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: WFN-LAN shall render the following professional services in connection with the
development of the Project:
A. PRELIMINARY AND DESIGN PHASES
Attend preliminary conference(s) with the OWNER to establish requirements for the Project and review
available data.
2. Conduct miscellaneous field surveying, as required, to gather additional topographical field information
for the purpose of design of the Project. (subconsultant)
3. Review current construction plans for Pearland Parkway's northbound lanes to assess and evaluate the
scope ofcunstmction for the southbound lanes.
Review as-built plans for the Pearland Parkway's 1,700' extension (northbound lanes) to assess and
evaluate the scope of construction for the southbound lanes.
Study bridge plans and details to assess and evaluate the scope of construction for the southbound lanes
bridge.
Conduct the necessary preliminary and final engineering and prepare construction plans and details for the
proposed southbound lanes from station 14+00 to 88+00 and from 116+00 to 186+00 (excluding Beazer
Homes segment).
Prepare complete pavement marking and roadway signage plans and details for full-boulevard section
(excluding Beazer Homes segment) and Beltway 8's east and west-bound frontage roads.
Prepare plans and details for the large overhead signs in vicinity of round-about.
Prepare landscape/irrigation system plans and details for the southbound lanes and round-about, excluding
Beazer Homes segment and the section between stations 14+00 and 31+00 (Pearland Parkway's - 1,700'
Extension). (subconsultant)
10. Prepare plans and quantities for 4" electrical conduit for street lights for the southbound lanes from station
14+00 to station 88+00 and station 116+00 to station 186+00.
11. Prepare stormwater pollution prevention plans for the Project.
12. Prepare bid quantities for the work authorized by the OWNER. Prepare tables of quantities in plans.
13. Prepare detailed Specifications and Contract Documents for the construction authorized by the OWNER.
14. Incorporate Beltway 8 signal plans and specifications to be prepared by TxDOT, into Project's
construction plans.
15. Prepare a post-design Construction Cost Estimate. WFN-LAN shall not be required to guarantee the
accuracy of the estimate.
16. Conduct periodical meetings with the OWNER to report Project progress and resolve design issues.
Submit copies of plans to the OWNER for interim and final review and comments.
OWNER
17. Assist the OWNER in coordination with Brazoria Drainage District No. 4, TxDOT, Harris County Flood
Control District, Harris County, Harris County Toll Authority, and other agencies to acquire
approvals/construction permits. (Additional Services)
18. Assist the OWNER in coordination with Beazer Homes Development (Additional Services).
19. Furnish to the OWNER five (5) copies of approved plans, Specifications, and Contract Documents, one
(1) set of tracing of plans, one (1) set of original specifications, and electronic files of plans on
AUTOCAD soft;ware.
B. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final"
drawings and specifications by OWNER, WFN-LAN 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 project 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-LAN 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-LAN will
proceed with the performance of construction phase services as described below. WFN-LAN will
endeavor to protect OWNER in providing these services. However, it is understood that WFN-LAN does
not guarantee the Contractor's performance, nor is WFN-LAN responsible for supervision of the
Contractor's operation and employees. WFN-LAN 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-LAN shall not be responsible for the acts or omissions of any person (except its own
employees or agents) at the Project site or otherwise perfomaing any of the work of the Project.
T:OF~01041~I~ARXPSSF.Scope of Svcsdoe SC - 2 WFN ~
OWNER
These services are based on the use of WFN-LAN standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures are an additional service. If general conditions other than WFN-LAN standards are used, the
OWNER agrees to include provisions in the construction contract documents that will require the construction
contractor to include WFN-LAN 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-LAN'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
WFlq-LAN 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-
LAN will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors
and will report any observed deficiencies to OWNER. WFN-LAN, 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-LAN.
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.
doc SC - 3 WFN
OWNER
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 to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of WFN-LAN are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER furnished
eqm'pment or materials.
12. Conduct, in company with O~NER'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-LAN 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-
LAN will be at the Schedule of Hourly Rates (see Exhibit "B")..
ARTICLE Q
ADDITIONAL SERVICES: Additional Services to be performed by WFN-LAN, 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.
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-LAN.
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.
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.
OWNER
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 ConsWaction Phase. The Resident Project Representative will act as directed by WFN-LAN in
order to provide more extcnsive 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-LAN 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-LAN or WFN-LAN'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 WFN-LAN 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 WFN-LAN on
a 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, cnntmct 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 unforeseen, 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-LAN.
y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after
bids have been submitted.
OWNER
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. Providing follow-up professional services during Contractor's warranty period.
BB. Providing geotechnical engineering services including test borings, sampling and analysis, and
recommendations.
ARTICLE III
TIME OF COMPLETION: WFN-LAN 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 one hundred twenty (120) calendar days thereafter. Review periods by City and other agencies,
and acquiring approvals and permits have not been accounted for. WFN-LAN will proceed with the
p~rfonmnce of the services called for in Article IB and IC (bid and construction phases) of this agreement until
completion of the Project.
IF WFN-LAN's services are delayed or suspended in whole or in part by OWNER, or if WFN-LAN's services
are extended by the Contractor's actions or in actions for more than 90 days through no fault of WFN-LAN,
WFN-LAN shall be entitled to equitable adjustment of schedule and compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to
delay the services of WFN-LAN:
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-LAN'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-LAN by placing at WFN-LAN'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-LAN to enter upon public and private property
as required for WFN-LAN to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by WFN-LAN, 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-LAN.
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-LAN may reasonably
OWNER
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 construefien 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 furnishing and performing the work.
OWNER shall determine, prior to receipt of construction bid, if WFN-LAN is to furnish Resident
Project Representative service so the Bidders can be informed.
If OWNER designates a person to serve in the capacity of Resident Project Representative who is not
WFN-LAN or WFN-LAN'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 Construc.tion Phase ser~. '~ees as defined in Attachment SC,
Article IC, together with such adjustment of compensaUon as appropriate.
Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
Give prompt written notice to WFN-LAN whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of WFN-LAN's services, or any defect or
nonconformance of the work of any Contractor.
Furnish, or direct WFN-LAN to provide, Additional Services as stipulated in Attachment SC, Article II
of this AGREEMENT or other services as required.
Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: WFN-LAN and OWNER designate the following representatives:
Owner's Designated Representative - (Alan Mueller, 3519 Liberty Drive, Pearland, Texas 77581 (281) 652-
1650)
WFN-LAN's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581, (281)
485-2404)
WFN-LAN's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281) 485-
2404)
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-LAN, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
2
3
Preliminary and Design Phase: Based on a preliminary basic construction cost of
$3,700,000 (excluding landscaping/irrigation and signalization construction costs), a fee
of 7.2% of construction is computed (See Exhibit "A"). However, since this project is
substantially designed previously, the level of compensation for this phase to modify
design, specifications, bid quantities to prepare a complete set of construction plans and
specifications for the Project, shall be 35% of the computed fee. rl~erefore,
compensation to WFN-LAN for the basic Preliminary and Design Phase in Article IA of
Attachment SC shall be a lump sum of $93,240 ($3,700,000 x 7.2% x 35% = $93,240).
If WFN-LAN sees the Scope of Services changing so that additional services are needed,
WFN-LAN will notify OWNER for OWNER's approval before proceeding.
Construction Phase: Based on a preliminary total construction cost of $4,146,000
(including landscape/in-igation and signalization construction costs), a fee of 7.15% of
construction is computed (See Exhibit "A"). However, 15% of this fee shall be allocated
for this phase. Therefore, compensation to WFN-LAN for basic Bid and Construction
Phase in Article IB&C of Attachment SC shall be a lump sum of $44,466 ($4,146,000 x
7.15% x 15% = $44,466). If WFN-LAN sees the Scope of Services changing so that
additional services are needed, WFN-LAN will notify OWNER for OWNER's approval
before proceeding.
Additional Services: For Additional Services as defined in Article IA of Attachment SC,
a total budget of $26,360 is proposed.
Detail concerning the fees is included in this Attachment CO.
B COMPENSATION TERMS:
I. "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, and administrative expenses, but including the
direct cost to OWNER of all current construction contracts, items of construction
including labor, materials and equipment, required for the 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-LAN 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 defined as that expense for any assignment incurred by
WFN-LAN for supplies, transportation and equipment, travel, communications,
x:owo~on~^~ws~v v~.~o~Co~ ~ CO- 1 WFN -,~dg'
OWNER
ATTACHMENT CO
C. BASIC SERVICES:
Upon authorization from the OWNER, WFN-LAN 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-LAN 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.
Upon authorization from the OWNER, WFN-LAN 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. Necessary topographical field surveying for the purpose of design
(Sub-consultantplus 10%) $ 3,300
b. Landscape/Irrigation System Design, Sub-consultant plus 10% $10,560
c. Budget for coordination with TxDOT to incorporate Beltway 8
Signal plans and specifications into the Project. $ 3,000
d. Budget for coordination with Beazer Homes Development $ 1,500
Budget for coordination with Toll Road Authority, Harris County
Flood Control District, Brazoria Drainage District No. 4, City of
Houston, pipelines, etc.
$ 2,500
Budget for miscellaneous reimbursables (cost plus 10%)
(prints, mileage, deliveries, etc.)
Total, Additional Services
$ 5,500
$ 26,360
If other Additional Services as described in Attachment SC, Article II, are required WFN-LAN
shall be compensated as follows:
a. Where the services of individuals are supplied by WFN-LAN, 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.
OWNER
ATTACHMENT CO
b. Services for direct non-labor expense and sub-contract expense provided by WFN-
LAN shall be reimbursed at actual cost times a multiplier of 10%.
x:o~,o~,~,~ssv, v .... ~,,.do~ CO-3 WFN
OWNER
EXHIBIT "A"
· , CURVE FOR ENGINEERING COMPENSATION
r., FOR ROADS, BRIDGES, AND RELATED SERVICES.
BASIC SERVICE8 -- PERCENT
JA~I ~3
A CENTU
R Y 0 F
EXHIBIT "B"
S E R
V I C E
WALSH/FREESE · NICHOLS
SCHEDULE OF CHARGES
POSITION
PRINCI?AL OF FIRM
SENIOR CONSULTANT
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADD DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
MIN MAX
165 215
105 105
125 125
110 125
85 95
75 85
45 55
40 45
60 65
65 65
50 55
EXPENSES
Plotting Printing
Bond $ 2.00 per plot Bluelines/Blacklines
Color $ 3.50 per plot Offset and Xerox Copies
Vellum $ 4.00 per plot Binding
Mylar $10.00 per plot Tape Binding
$0.08 per square foot
$0.07 per side copy
$2.00 per book
$1.75 per book
Corn uter 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 robe done by independent persons other than staffmeurbers.
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
w GTHE WILSON SURVEY GROUP, INC.
PROFESSIONAL L/ktql) SURVEYORS
December 18, 2001
Mr. Mehmn Bavarian, P.E.
Walsh/Freese-Nichols
2010 East Broac~way
Pearland, Texas 77581
Re: Proposed Pearland Parkway Southbound Lanes
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services for the design of the proposed
southbound lanes of Pearland Parkway in Peadand, Texas. The project will commence
at the point where the existing four lanes terminate (approx. 2000-feet northeast of FM
518) and will extend to the south feeder road of the Sam Houston Tollway. We
understand that we are to supplement the existing topographic survey maps with
additional information as is necessary for design purposes. We anticipate that these
services will not exceed $3,000.00. The field work can be completed on an as-needed
basis following authorization to proceed.
Thank you for this opportunity to be of service.
Y~prs truly, .'
rv~chael D. Wilson, R.P.L.S.
Vice President
2006 E. Broadway · Suite 105 · Pearland, Texas 77581
Ph (281) 485-3991 · Fax (281) 485-3998
E-mail: mdwilson~houston.rr, com
Ja~'nes Carroll Kell
Landscap~ Architect, Inc.
CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES BE'IAItEEN
JAMES CARROLL KELL - LANDSCAPE ARCHITECT, INC. (CONSULTANT)
AND WALSH/FREESE NICHOLS-LAN, PROJECT TEAM (CLIENT)
PROJECT
The project is landscape planting and irrigation for lanes three and four (west side) of
Pearland Parkway. The landscape project limits are from station 29+40 at the south
end to 185+59 at the north end (Sam Houston Tollway) and approximately 123+00
along McHard Road, excluding both the median and west side of the road adjacent to
the Beazer Homes development. The specific sites to receive landscape development
are the west side of the road from the curb to the right-of-way line, the west side of the
median, and the roundabout at the intersection of Pearland Parkway and McHard
Road.
II. PROGRAM
The following improvements are to be designed by the Consultant: Tree plantings and
an automatically controlled irrigation system to water all grass and tree areas. Design
of fine grading and hydromulching are not part of this proposal
III. SCOPE OF SERVICES
A. CONSTRUCTION DOCUMENTS
The Consultant will prepare landscape development construction documents for
all site areas to receive landscape development as described above. These
documents will be prepared for inclusion in the Client's set of documents and
will include:
1. Irrigation plans and installation details
2. Planting plans showing plant locations, names, quantities and sizes.
3. Planting installation details and plant list
4. Written technical specifications for the type, q~,alit3r, and size of all planting
and irrigation materials and for their installation. These specifications will
be prepared on computer media in a format as required by the Client.
Drawings will be provided to the Client in the form of reproducible paper
originals. In addition, an electron/c copy of the drawings will be provided if
desired.
The Consultant will also provide the Client with a plan showing locations and
sizes of sleeves requited to accommodate the irrigation system.
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2110 Briargreen Drive · Houston, Texas 77077
jkell@houston.rr.com
Janles Carroll Kell
Landscape Architect. Inc.
The Consultant's attendance at any meetings will be considered an extra service.
B. ._BDDING & FIRI.19 OBSERVATION
Bidding will be accomplished by others and is not part of this proposal. The
Consultant will make a maximum of five trips to the site to monitor the
installation of work designed by the Consultant to determine as much as
reasonably possible whether the plans and specifications are being followed and
that qnMity work is being performed.
CONSTRUCTION PERMITS
All permits required by governmental agencies will be obtained by others.
Any services requested by the Client in addition to those outlined above will be
charged as an extra service. Additional services pertaining to items specifically
described herein as being part of the Consultant's scope of services but required
because of extraordinary unanticipated circumstances (greatly increased scope of
project, etc.), or any work occasioned by changes requested by the Client after
prior approval has been given for those services will also be charged as extra
sex'vices.
IV. INFORMATION TO BE FURNISHED TO CONSULTANT
The Client will furnish the Consultant with the following as available: street paving and
utility plans, and other base data as is reasonably available. Plans will be provided to
the Consultant on disk in AutoCAD format.
V. FEES AND EXPENSES
A. FEES
The fee for services to be performed by the Consultant as described above will
be a lump sum mount of $8,400.00.
B. EXTRA SER E F ES
Extra services, ff performed, will be charged on an hourly basis for the time
expended in the execution of the services at an hourly rate of $60.
C. REIMBURSABLE EXPENSES
In addition to fees, the Consultant shall be reimbursed at his cost for such direct
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2110 Briargreon Dlive" Houston. Texas ¥7o77
832/379-0482 ', fax $32/379-1468
jkelt@houston.rr.com
James Carroll Kell
Landscape Architect, lne,
expenses attributable to the services as prints and other reproduction charges, axt
supplies, long distance and toll telephone calls, etc. Mileage incurred for the use
of staff automobiles shall be charged at the rate of $.35 per mile. The Consultant
estimates that reimbursable expenses should not exceed $1,200.
D. ~ULE
Fees will be invoiced monthly for services performed in the previous month.
Payments will be based on a percentage of services completed. All fees and
reimbursable expenses shall be payable within thirty 00) days of the date of an
itemized invoice. An interest rate of 15% per annum shall be applicable to all
accounts sixty (60) days past due. In the event that k becomes necessary for the
Consultant to retain an attorney to assist with the collection of fees, reasonable
attorney's fees and court costs may be charged to the Client in addition to the
Consultant's outstanding fees, expenses, and interest.
E. ~SCALATION
In the event that all sexvices to be performed under this contract are not
completed by January 1, 2003, the Consultant shall have the right to adjust the
hourly fee and mileage rates in accordance with cost of living/inflation rates in
the Houston area.
INVESTIGATION OF ON-SITE AND NEARBY CONDITIONS
The Client or other consultants working on the Client's behalf are to invest/gate any
spedal on-site or nearby conditions such as, but not limited to, endangered plant or
wildlife species, jurisdictional wetlands, geological faults, other environmentally
sensitive areas, and hazardous materials (including products carried in pipeline facilities
or stored in underground structures). Based on the Client's findings, the Client is to
establish any appropriate design criteria for use by the Consultant such as dear zones
from wetlands, geological faults, environmentally sensitive areas or hazardous areas.
VII. OWNERSHIP OF DOCUMENTS
It is understood and agreed that the calculations, drawings, and specifications prepared
by the Consultant, whether in hard copy or machine readable form, are instruments of
professional service intended for use in the documentation and construction of
projects. They are and shall remain the property of the Consultant who shall be
deemed the author of these documents and shall retain all common law, statutory and
other reserved rights, including the copyright. The Client may retain copies, including.
copies stored on magnetic tape or on disk, for design and construction documentatton
of the Pearland Parkway project, Pearland, Texas, as described above.
Because of the pougibility that information and data delivered in machine readable
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2110 Briargroen Drive * HouSton. Texas 77077
832,/379-0482 · fax832/379-1468
jketl@tlouston.rLcom
James Carroll Kell
Landscape Architect, Inc.
form may be altered, whether inadvertently or otherwise, the Consultant reserves the
fight to retain the original tapes/disks. The Consultant also reserves the fight to retain
hard copy originals of all project documentation delivered to the Client in machine
readable form, which originals shall be referred to and shall govern in the event of any
inconsistency between the two.
Now, in consideration of the Consultant's agreement to deliver its instruments of
professional service in machine readable form, the Client agrees, to the fullest extent
permitted by hw, to hold harmless and indenmify the Consultant from and against all
claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising out of or in any way connected with the modification, misinterpretation,
muse, or reuse by others of the machine readable information and data provided by
the Consultant to the Client. The foregoing indemnification applies, without
limitation, to any use of the project documentation on other projects, for additions to
this project, or for completion of this project by others, excepting only such use as
may be authorized, in writing, by the Consultant.
IX. LIABILITY
g~file the Consultant warrants that it is capable of, and will perform the services
described herein in a professional manner, the Client understands that the Consulmt
carries no professional liability insurance for errors and omissions because of the
prohibitively high cost of such insurance. However, the Consultant will be responsible
to the client for substantiated claims of unsatisfactory service up to the total amount of
fees specified in this Contract.
ACCEPTED THIS 12th DAY OF DECEMBER, 2001 FOR JAMES CARROLL KELL -
James Carroll Kell
President
As indicated by my signature below, I certify that I am authorized to execute this contract on
behalf of WALSH/FREESE NICHOLS-LAN, PROJECT TEAM.
BY:
Signature
Typed ot Printed Name
Date
2110 Briargroen Drive · Hous'ron. T~xa$ 77077
832/379-0482 · f~832/379-1468
j ke [l@ houston, rf.cOlll
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