R2001-0182 12-10-01 RESOLUTION NO. R2001-182.
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 OTHON, INC. ENGINEERING
SERVICES ASSOCIATED WITH THE HICKORY CREEK AND COLONIAL
ACRES SUBDIVISIONS WATER AND WASTEWATER 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 Othon,
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 Othon, Inc. for engineering services
associated with the Hickory Creek and Colonial Acres Subdivisions water and waste water
improvements.
PASSED, APPROVED and ADOPTED thisthe 10 dayof December _,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'l-f82
×
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES,
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter"C'ty), and OTHON, INC. (hereinafter Engmee ) as follows:
1. Summary of Contract Terms_. The following information and referenced documents
shall be a part of this Contract:
Engineer: Othon, Inc.
Description of Project: Engineering Services Associated with the Hickory Creek &
Colonial Acres Subdw~s on Water & Wastewater
Maximum Contract Amount: $251,259
Contract Begins: Upon execution
Contract Ends: Upon completion
Attached Contract Document: Proposal
2. Services and Pavment.
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.
the En ineer's working drawings, plans, and spec fications, if required under
B All g ......... ,~ ,~*oiled and complete so that competitive
this Contract, shall be su1'rlclen~ly acuu~L~, u~,~ ,
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. Modific_ations. 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
idcrease 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.
racts If, for any reason, at any time during the progress of providing
5. Subco~n!,ract_,s-. '--- *~' ~n" subcontractor for Engineer is incompeten!..or
· I[ ae[ermnu~ ~.~, o ~
services, u Y . . ......... ,-nr~ nn v and Engineer shall take immeala[e
undesirable, C~[y wm no[~ry ~-ng~ne~ au ...... 7-, -- v subject
steps for cancellation of such subcontract. Subletting by subcontractors shaft be
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 proiect 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
~dent to the work of the contractor. Engineer shall not be responsible for
~t~ograms inc' . - ,-~ ......... ~,,,,~ s or a~ents at the project
e acts or omissions of any person ~excep~ T~ uw,, ~,,,~,,,,y~e ~ )
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 injur es 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
$t ,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
.. ach insurance policy shall be endorsed to state that coverage shall not
,commences. ~E~A;.~ed cance ed, reduced in coverage or in limits except after thirty (30)
De suspenaea, vu,u ' '
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Indemnity.. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. Law Governing and Venue.. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
12. Entire Contract.. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures.. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
4
EXECUTED and EFFECTIVE as of the. 10 . day of December ,20 ~l .
ATTEST: CITY OF PEARLAND ~-~
Lcr°~//~ ~ By'. BciillyEi~;~ager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST: OTHON. INC.~
~-~ ,, --~ By:
........... /~ ~' Printed Name: ~.~,o/u~;,¢~ OZ'//~.
- ~: ~-: Title:
STATE OF TEXAS §
COUNTY O F "~ ~,'~- ~z,~ r)',~- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
"~,'11 ~/'~L~, , 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 ~ /
NOTARY PUBLIC IN AND FOR THE
~~~'. S T A T E O F T E ~ S
~%~J~/ MyCommlsslonExpffes: S Printed Name: ~L~/~ ~ ~~
~///////////~///~////~"" My Commission Expires:~,'/ ~/ ~
STATE OF TEXAS§
. §
cOUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day 3ersonally appeared
~¢z//~--~'/~-~ ~),72/c))O , 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--, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /~'~' DAY OF
~ J~.~/.~,~,, , A.D., 20 O/ ..
NOTARY P'UBLIC IN AND FOR THE
~ My Commission Expires:~~-
PROJECT BACKGROUND
In August 2001, the City of Pearland authorized the negotiation of a contract with
OTHON, 1NC. for the provision of engineering professional services in connection with
the sanitary sewer and water preliminary design for the Hickory Creek Subdivision and
the sanitary sewer preliminary design for the Colonial Acres Subdivisions.
Proiect I
Name: Hickory Creek Subdivision: Water and Wastewater
Service
Boundaries: North: Butler Road
South: Dublin Lane
East: O'Day Road
West: Garden Road
Limits: Project limits encompass approximately 110 Lots and 116
Acres.
Project II
Name: Colonial Acres Subdivision: Wastewater Service
Boundaries: North: Colonial Drive
South: Confederate Drive
East: McLean Road
West: Lee Lane
Limits: Project limits encompass approximately 50 Lots and 40
acres
SCOPE OF SERVICES
The Engineer shall render the following professional services in connection with the
Project:
A. Service Area Investigation
1. Research and use information available from City of Pearland, and
subdivision plats;
2. Identify the land uses in the area; identify the location of occupied lots in the
area; and prepare a drawing indicating the land use and occupied lots;
3. Obtain information on general geotechnical make-up of the area based on
existing geotechnical information to estimate water table elevation and general
soil conditions;
4. Obtain and utilize available contour maps of the area;
5. Obtain FEMA flood maps of the area and determine flood plain limits in the
area;
6. Contact and obtain information from various private utility entities in the area
such as Southwestern Bell Telephone Company, Houston Lighting & Power,
petroleum pipelines, railroads, etc. in regard to how their facilities may affect
the Project;
B. Wastewater Collection System - Hickory Creek and Colonial Acres Subdivision
1. Provide a general overview if the existing sanitary sewer system;
2. Calculate average and peak design flows, collection system layouts and
propose routes;
3. Prepare wastewater collection system layout(s), including line sizes and
grades, lift station locations, routing, etc., for serving the Hickory Creek
and Colonial Acres Subdivision;
4. Evaluate the community's roadways, right-of-way, and general project
area to assist in the preparation of a system layout; conduct a limited spot
survey of the area to estimate pipe depths;
5. Identify service connection requirements and costs; provide hook-up
details;
6. Perform a cost estimate of the anticipated construction cost for each
design alternative;
C. Water Distribution System - Hickory Creek Subdivision
1. Provide a general overview of the existing water system;
2. Calculate daily average and peak use requirements;
3. Determine storage and fire protection requirements;
4. Prepare a water distribution system layout(s), including line size and
routing;
5. Determine and evaluate water source connection points;
6. Identify right-of-way needs; easements
7. Identify service connection requirements and costs and hook-up details;
8. Prepare a Cost Estimate of the anticipated construction cost of each
alternative;
D. Final Design
1. On the basis of the preliminary design, prepare final construction drawings
and specifications for construction.
2. Assist in the preparation of applications for routine permits required by
local, state and federal authorities, if required.
3. Prepare the bidding documents.
4. Attend prebid conferences and prepare necessary addenda.
5. Acquire all necessary agency approvals.
E. Bidding
1. Assist in obtaining bids.
2. Assisting in the tabulation and analysis of bids and furnish
recommendations on the award of the construction contract.
3. Base cost includes the cost of fifteen (15) sets of bidding documents.
Additional copies in excess of fifteen (15) can be provided at the cost of
reproduction plus 10%.
F. Submittals
1. Prepare and deliver to the City a draft report (4 copies) detailing the
investigations carded out hereunder and presenting the findings of the
study with such exhibits and tables to present the land use of the area;
sewer collections system layout; water distribution system layout; and
project costs. The report will present the results of the study along with
conclusions and recommendation; Exhibits shall be readable and a
minimum size of 11" x 17"; 30%, 75%, and 90% reviews; review with
city personnel;
7
2. Receive such comments as the City may make in regard to the draft report
and incorporate them into the preparation of a final report (6 copies) to the
County.
3. Following approval of final report, prepare and deliver to the City, review
sets of plans (4 copies) containing the detailed designs of the water and
sewer improvements. The drawings will be full size or half size as
requested by City; Submittals will be made at a 75% and 100%
completion level, and will be reviewed by city personnel.
G. Time for Performance
1. Engineer agrees to complete the draft report and submit it to the City for
review within ninety (90) calendar days from the date a Notice to Proceed
is issued. Upon receiving approval of the draft report from the City,
Engineer will proceed with the preparation of a final report (6 copies) to
be submitted to the City within thirty (30) calendar days, together with any
changes or modifications requested by the City.
2. Engineer agrees to complete the 75% complete final construction
documents and submit to the City for review within one hundred fifty
(150) days from the date of submission of the final report. Upon receiving
comments from the City, Engineer will proceed with the preparation of the
100% complete final construction documents to be submitted to the City
within thirty (30) calendar days, together with any changes or
modifications requested by the City.
H. The Engineer's Compensation
For and consideration of the services rendered by the Engineer, pursuant to this
Agreement, the City of Pearland shall pay to the Engineer:
ENGINEERING FEES
Estimated Construction Cost: $ 1,756,469 (1)
Curve for Engineering Compensation 8'10°/°
(I) Exdudes Tmffe Control, Refer to Construction Cost Estimate.
Total Design Fee: 142,274
35% Preliminary Engineering 49,796
55% Final Design and Bidding 78,251
10% Construction Administration 14,227
100%
Total Basic Services: $ 142,274
ADDITIONAL SERV CE ·
Surveying: $ 42,240 (2)
Easement Preparation: $ 19,800 (2)
Geotechnical: $ 27,720 (2)
Envizonmental: $ 4,900
Traffic Conu:ol Plan: $ 10,000
Storm Water Pollution Prevention Pan (SWPPP): $ 2,500
(2) Inslud~s a 10% mark-up.
Total Additional Sereice s: $ 107,160
_R?iMBURSABLE EXPENSES:
Mileage: $ 325
Printing: $ 1,500
Total Reimb~sable Expenses: $ 1,825
TOTAL ENGINEERING FEE: $ 251,259
CITY OF PEARLAND
HICKORY CREEK SUBDIVISION
PRELIMINARY CONSTRUCTION COST ESTIMATE
ITEM DESCKIPTION UNIT ' QUANTITY UNIT COST TOTAL COST
A. Site Work
1 Mobilization (7%) LS I $100,000.00 $100,000.00
2 Traffic Control (4%) LS 1 $55,000.00 $55,000.00
3 Surface Restoration LF 13,665 $5.38 $73,517.70
4 Remove & Replace A.C. Paving SY 100 $55.00 $5~500.00 ·
Site Work Subtotal: $234,017.70
~B. Sanitary Sewer
1 Std. Sanitary Sewer Manhole EA 42 $1,800.00 $75,600.00
2 Trench Safety LF 13,665 $1.30 $17,764.50
2 6" Sanitary Short Side Leads EA 75 $743.00 $55,725.00
3 6" Sanitary Long Side Leads EA 75 $1,400.00 $105,000.00
4 8" Sanitary Sewer (all depths) LF 9,724 $18.00 $175,032.00
5 10" Sanitmy Sewer (all depths) LF 2,062 $22.00 $45,364.00
6 12" Sanitary Sewer (all depths) LF 1,879 $25.00 $46,975.00
Sanitary Sewer Subtotal: $521,460.50
C. Water Distribution
1 4" PVC, Water Main LF 250 $18.00 $4,500.00
2 6" PVC, Water Main LF 990 $22.00 $21,780.00
3 8" PVC, Water Main LF 6,971 $24.00 $167,304.00
4 12" PVC, Water Main LF 3,374 $28.00 $94,472.00
5 Auger 6" Water Main LF 110 $60.00 $6,600.00
6 Auger 8" Water Main LF 825 $90.00 $74,250.00
7 Auger 12" Water Main LF 165 $150.00 $24,750.00
8 Trench Safety LF 11,335 $1.30 $14,735.50
9 Fire Hydrant Assembly EA 23 $1,500.00 $34,500.00
10 TS&V EA 10 $2,500.00 $25,000.00
11 Wet Connectinns EA 2 $1,800.00 $3,600.00
12 Short Side Service w/meter EA 75 $650.00 $48,750.00
13 Long Side Service w/meter EA 75 $1,100.00 $82,500.00
14 2" BlowoffValve EA 2 $400.00 $800.00,
Water Subtotal: $603,541.50
10% Contingencies $135~901.97
TOTAL $1,494,921.67
Unltprices are base on Piper Road Bid Tub
CITY OF PEARLAND
COLONIAL ACRES SUBDIVISION
PRELIMINARY CONSTRUCTION COST ESTIMATE
ITEM DESCRIPTION UNIT QUANTITY. UNIT COST TOTAL COST
A. Site Work
1 Mobilization (7%) LS 1 $26,000.00 $26,000.00
2 Traffic Control (4%) LS 1 $15,000.00 $15,000.00
3 Surface Restoration LF 5,028 $5.38 $27,050.64
4 Remove & Replace A.C. Paving SY 100 $55.00 $5?500.00,
Site Work Subtotal: $73,550.64
B. Sanitary Sewer
1 Std. Sanitary Sewer Manhole EA 19 $1,800.00 $34~200.00
2 Trench Safety LF 5,028 $1.30 $6,536.40
2 6" Sanitary Short Side Leads EA 25 $743.00 $18,575.00
3 6" Sanitary Long Side Leads EA 25 $1,400.00 $35,000.00
4 8" Sanitary Sewer (all depths) LF 2,765 $18.00 $49,770.00
5 10" Sanitary Sewer (all depths) LF 0 $22.00 $0.00
6 12" Sanitary Sewer (all depths) LF 2,263 $25.00 $56,575.00
7 Auger 8" Sanitary Swr. LF 150 $100.00 $15,000.00
8 Auger 12" Sanitary Swr. LF 100 $122.00 $12,200.00
Sanitary Sewer Subtotal: $227,856.40
10% Contingencies $30~140.70
TOTAL $331,$47.74
CURVE FOR ENGINEERING COMPENSATION
BRIDGES AND RELATED SERVICES
FOR ROADS '
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