R2001-0173 11-26-01 RESOLUTION NO. R2001-173
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 SURVEYING, INC. FOR
SURVEYING SERVICES ASSOCIATED WITH THE PONDS AT THE
SOUTHWEST ENVIRONMENTAL CENTER.
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 Surveying, 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 the original of the attached Contract for and
on behalf of the City of Pearland, with Walsh Surveying, Inc., for surveying services
associated with the ponds at the Southwest Environmental Center.
PASSED, APPROVED and ADOPTED this the 26 day of November ,
A.D., 2001. ~,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2001-'/73
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Walsh Surveying, 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 Surveying, Inc.
Description of Project: Topographic & Control Surveying at SWEC
Maximum Contract Amount: $40,600
Contract Begins: Upon execution
Contract Ends: Upon completion
Attached Contract Document: November 18, 2001 Letter 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 9 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a Notice-
to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the
Microsoft Project for Windows format. The Work Schedule shall contain a complete
schedule so that the Engineer's scope of services under this contract can be
accomplished within the specified time and contract cost. The Work Schedule will
provide specific work sequence and definite review times by the City and the Engineer
of the work performed. If the review time should take longer than shown on the work
schedule, through no fault of the Engineer, additional contract time will be authorized by
the City through a supplemental agreement, if requested by a timely written request
from the Engineer and approved by the City.
3. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving
written notice to Engineer. The City shall pay the Engineer for all services rendered to
the date of termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject
to the same regulations. Nothing contained in the Contract shall create any contractual
relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Construction Representation. If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the contract documents. In performing these
services, Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors; Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor. Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project.
8. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. Law 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.
12. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
4
EXECUTED and EFFECTIVE as of the // day of /,~'~,,-~-~ ,20 ~,~ .
ATTEST: , CiTY OF PEARLAND
//C.~ Secr~y / / City Manager
"~APPROVED AS TO FORM:
n M. Coker
City Attorney
ATTEST:
Prin~d Name: L~,j'~.I4-~LO'~ I s~ *..J Printed~ame:~;
Title: .l~t~m,~t.~,~,l',',~,.._.A5~'i~¥-tl/~ Title:
STATE OF TEXAS §
COUNTY OF ~f'~-' Z~ r-;'a-. §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
""~;11 E/'.~.,~ , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS // DAY OF
~',~,~ ,~,,-'*" ~ , A.D., 20 O ,3,
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
,~ PERLA N. LEHMAN
~/.~{,~{~.~,~NotaryPubllc,$tateof~e~. PrintedName:'~e,,'/,*-- /f,/r, j~,~,~,~...,
~\%~./*~/'.~'1 My Commission Expires.
,~ APRIL 2, 2005 My Commission Expires: /fl~,','/~
STATE OF TEXAS §
COUNTY OF ~
/~.BEFORE ME; the undersigned Notary Public, on this day personally appeared
'x~.~J....~ ~,.0~.¢~.~- , known to me to be the person wh?~e name. i~
su~scribe~to the foregoing instrument and acknowledged to me that he/sne execu~eo
the same for the purposes and consideration therein expressed.
MY HAND AND SEAL OF OFFICE THIS I? DAY OF
~~R ,A.D.,20OI .
~~/~~/~ NOT/~Y PUBLIC IN AND FOR THE
~ LYNETTE WILSON ~ STATE OF TE~S
My Commission Expires: ~'[~ - ~D~
WILLIAM C. WALSH, P.E., R.P.L.S.
WALSH SURVEYING, INC. .re iden,
2006 Broadway, P.O. Box 760
PROFESSIONAL LAND SURVEYORS ~ PEARLAND, TEXAS 77588-0760
281/485-3991 FAX 281/485-3998
November 18, 2001
Mr. John Hargrove, P.E.
City Engineer
City of Peadand
3519 Liberty Ddve
Peadand, Texas 77581
Re: Detention Ponds at the Southwest Environmental Center
Dear Mr. Hargrove,
This letter is our proposal to provide surveying services to stake out the east and west
ponds at the Southwest Environmental Center (SWEC) in Pearland, Texas. Based on
our discussion and a visit to the site we understand the scope of services to be as
follows:
Phase One: Pre-construction Topographic Survey
1. Establish a minimum of four (4) Temporary Benchmarks (TBM's) around the site.
2. Establish a lO0-foot gdd to encompass the natural ground areas of SWEC south of
the south right-of-way line of Magnolia Boulevard, east of the east right-of-way line of
Harkey Road, north of the south line of the SWEC site and west of the west property
line of SWEC (excludes the area fenced by the wastewater treatment plant). This
covers an area of approximately 81 acres.
3. Establish elevations at all gdd intersection points and at all breaks in grade.
4. Establish elevations at the top of bank and at the edge of water within each of the
two sandpits. Intermediate elevations will be obtained on the slopes that are not too
vertical or that don't pose a hazard of sliding or collapsing.
5. Utilizing a boat we will establish elevations at a 100-foot gdd interval at the b°tt°m °f
the sandpits.
6. Utilizing the design drawings provided by the City we will calculate the pre-
construction quantities of dirt that are to be moved. These quantities will be
separated into contractor responsibility and Drainage Distdct No. 4 responsibility
based on the line of demarcation shown on Sheet 2 of 8.
7. Prepare a topographic survey map showing contour lines and spot elevations.
8. Provide the City with a reproducible vellum and electronic file on floppy disk of the
final drawing.
Phase Two: Construction Layout
1. Mark the "Staked Line" as shown on the City of Pearland Sheet ZA of 8, entitled
"SWEC Detention Basin and Control Structure". The thirty-five (35) P.C.s, P.T.s,
P.R.C.s, and P.C.C.s will be marked with 2X4's, 4-foot long and painted white. The
rest of the "Staked Line" will be marked at 50-foot intervals with standard 4-foot long
wood laths.
2. Establish a lO-foot offset line marked with 2"X2" hubs, 18-inch guard stakes and 4-
foot laths at 100-foot intervals and at all thirty-five (35) changes in direction.
3. Establish elevations on the hubs on the offset line at the 100-foot stations.
Phase Three: As-Built Survey
1. Establish a 100-foot grid to encompass the 81-acre pond site.
2. Establish elevations at all gdd intersections and at all breaks in grade.
3. Establish elevations on all culverts, pipes and structures constructed in connection
with this project,
4. Prepare a topographic survey map showing contours, elevations of structures and
spot elevations.
5. Calculate the volume of dirt moved by the contractor and by Drainage Distdct No. 4.
6. Provide the City with a reproducible vellum and electronic file on floppy disk of the
final drawing.
The cost associated with each phase is as follows:
Phase One: $18,000.00
Phase Two: $12,100.00
Phase Three: $10,500.00
Based on our current workload we anticipate that the Phase One topographic survey can
commence within one (1) week following authorization to proceed. We understand that
the Phase Two staking is to commence at the culvert box structure for both pondS.
Actual invoicing will be based on the hourly rate sheet appropriate for the year that the
services are performed. Approximately $5,000.00 will be saved if equipment will clear
the brush pdor to the commencement of our surveying efforts.
Mr. Hargrove, we appreciate this opportunity to be of service on this important project.
Please call me if you have Any questions or would like to discuss logistical issues.
Mihrs truly, ,
aelD. Wilson, . . . .
Vice President