R2005-0154 10-10-05
RESOLUTION NO. R2005-154
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 DUNHAM ENGINEERING, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE REPLACEMENT OF
THE MAGNOLIA WATER PLANT GROUND STORAGE TANK.
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 Dunham
Engineering, 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 Dunham Engineering, for engineering
services associated with the replacement of the Magnolia Water Plant Ground Storage
Tank.
PASSED, APPROVED and ADOPTED this the 10th day of October
A.D., 2005.
~ )t'4o<J~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(l~ U-
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-154
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CON~ULIANI, 'ERVlCES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "Cityj,and Dunham Emtineerinsz.lnC(hereinafter .Consultant") as follows:
1. SUrTmarv of Contract T erTTIS. The following information and referenced documents
shall be a part of this Contract:
.Description of Project Replace ground storage tank at the Magnolia Water Plant.
Fee
$20.000
$10,000
Basis of C
Phase I
Phase II
nsation
Maximum Contract Amount
* All financial obligations created by thiS agreement are between the City and
Consultant, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates:
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
2. Services and Payment.
A. Consultant will furnish services to the City in accordance with the terms and
conditions specified In this Contract Payment for the services of Consultant shall be
due and payable upon submission and approval of a statement for services to City.
statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Consultant shall specify the basis of
compensation in the scope of work for the project. The ~nsultant shall provide
adequate detail of the basis of compensation so that the City can determine the
reasonableness of the fees and have the ability to make reasonable progress payments
to the Consultant based upon work completed at the payment intervals. The Consultant
shall subcontract for all subconsultants, subject to City approval. necessary to complete
the scope of work. The subconsultanfs fees and administrative mark-up, if any. shall be
Included In the scope of work. Unless otherwise agreed upon, the method of
compensation shall be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
1
of the Consultanrs employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate ~e Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
fOf the project. The Consultant shall provide a proposal that includes the
total f~ for the project. which shall not be exceeded without prior City
approval.
2. Per Diem (-Per Diemj
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee (aCost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Consultant shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Consultant
4. Lump Sum rlumpl
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with fimited ..scope and
complexity. .
If City fails to make any pavment due Consultant for services and expenses within
thirty (30) days after receipt and approval of Consultant's statement for services
therefore, the amounts due Consultant will be increased at the rate of one percent (1 %)
per month from said. thirtieth (30th) day, and, in addition, Consultant may, after giving
seven (7) days' written notice to City, suspend services under this Contract until
Consultant has been paid in full,all amounts due for services, expenses, and charges.
B. All the Consultant'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 Consultant's work by the City shall not release the Consultant,
its employees, agents, or consultants, from the responsibility and liability for the
accuracy and competency of their designs, working drawings, and specifications, or
oth8r documents and services.
2
D. Subject to. Article 8 herein or as otherwise agreed. the Consultant shall promptly
correct errors in the Consultants work. including errors discovered after final payment.
. without receMng additional compensation.
E. Prior to execution of this agreement. the Consultant shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within 15
calendar days after receIving a Notice-to-Proceed. The Project Schedule shall be
submitted in digital and paper form. in the Microsoft Project for Wmdows format. The
project Schedule shall contain a complete schedule so that the Consultant.s scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Consultant of the work performed. If the review time should
take longer than shown on the project schedule. through no fault of the Consultant,
additional contract time may be authorized by the City through a supplemental
agreement. if requested by a timely written request from the Consultant and approved
by the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Consultant.
The City may terminate this Contract at any time during its term by giving written notice
to Consultant. The City shalf pay the Consultant 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 Consultanfa cost of, or the time required for. the perfpnnance 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 Consultant Is Incompetent or
undesirable. City will notify Consultant accordingly and Consultant shall take immediate
corrective action. which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contain~ in the
Contract shall create any contractual relation between any subcontractor and City.
6. OWnershio of Documents. AU 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 Consultants fees for services. Consultant 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
Consultant will be at City's sole risk and without liability or legal exposure to Consultant.
or toConsultant's independent assocIates or consultants, and City shall indeml'!ify and
3
hold hannless Engineer and Engineer's independent assOciates from all claims.
damages, losses, and expenses including attorneys' fees arising oct of or resulting
therefrom. Any such verification or adaptation will entitle Consultant to further
reasonable compensation. Consultant may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Consultanfs other activities. Any reuse by Consultant will be at Consultanfs sole risk
and without liability or legal exposure to City, and Consultant 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 Consultant 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 Consultant. its agents,
employees or subcontractors under this Agreement. as follows:
I
(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 Uability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of anyone 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 Uability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of anyone person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Consultant shall include the City as an additional Insured under the
. policies, with the exception of. the Professional Uability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work corrmences. 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 req",est, certified copies of all insurance
policies shall be furnished to the City.
8. Indemnity. Consultant 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 Consultant 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
4
errors in design, any of which are caused by the negligent act or omission of the
Consultant, his, officers, employees, agents, or subcontractors under this Contract.
9. Assianment Consultant shall not assign this Contract. without the prior written
consent. of the City.
10. law Govemina 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 Consultant 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 shall govem over any
conflicting provision contained in any referenced contract document specified above.
13. Disoute Resolution Procedures. The Consultant 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.
"
5
. t
I f/
EXECUTED and EFFECTIVE as of the L day of ,l~
.2~.
CITY OF PEARLAND
tfP2'-
Bill Eisen
City Manager
STATE OF TEXAS 5
,--) !
COUNTYOF 7x-- 2~J,-;_ 5
.---.
~.. _ ~ [\ tc_____. Consultant
~V t -
BY~ J> v"'~~>"V\ {n61rJt;:c../L,Ir-J~
Printed Name: -1 i \-..."I1\-l..L\ \":), .y \.TV'\ h ~ yY'\
Title: ...:pez...6.h\/i ~
BEF,ORE ME. the undersigned Notary Public, on this . day personally appeared
~, /1 t /.5~ ,"- . known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
/1
DAY
PERLA N. LEHMAN
Notary Public. State of Texas
My Commission Expires
APRIL 22, 2009
STATE OF TEXAS
. --;-?
COUNTYOF ~~
!
fi
fi
..
BEFORE ME, the undersigned Notary Public, on this day personally appeared
'JT~ -~LA'\.ha.'tOo\... . 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.
( .
/J' (3.-?'I'(EN UNDER MY HAND AND SEAL OF OFFICE THIS :{ ,11 DAY
fl~ ~ A.D., 20 tJS-."
~E
STATE OF TEXAS
Printed Name: aJ~k/' -J1;w/~
My Commission Expires: ,5;13 bt.
OF
6
DUNHAM ENGINEERING
Water Tank Consultants
13141 Hill Rd. . College Station, TX 77845 · (979) 690-6555 · Mobile (979) 820-1648 · FAX (979) 690-7034
www.DunhamEngineering.com
Letter of Agreement
This is an Agreement made as of , 2005 between City of
Pearland, Texas hereinafter known as the OWNER and Dunham Engineering,
Inc. of College Station, Texas hereinafter known as the ENGINEER.
The OWNER intends for the ENGINEER to perform professional engineering
services in the design and construction inspection of the WORK.
The fined as the replacement of the bolted steel water storage tank
~-----~-wilh a welded steel r storage tank of same size and configuration located at
Magnolia Water Plant in Pearl and, Texas.
The replacement will be done in accordance with the recommendations made in
the ENGINEER'S Reports of Inspection dated October 15, 2003. Expected
contractor cost is $250,000.
PHASE I - DESIGN
The ENGINEER agrees to prepare the design, produce engineering plans and
specifications, prepare the contract documents, advertise for bids to selected
contractors and recommend award of a lump sum construction contract to
complete the WORK for the OWNER.
The ENGINEER agrees to provide a draft set of contract documents to the
OWNER for review and approval no later than 30 days from the date of the
Agreement.
The ENGINEER agrees to finalize the documents and advertise the WORK to
selected contractors for bid within 30 days after receipt of OWNER'S comments
and approval.
The OWNER agrees to advertise in the City's newspaper of record as required
by the OWNER'S rules and by-laws.
The ENGINEER agrees to assist the OWNER in opening and reviewing bids and
recommending a contractor for award.
1
PHASE IT- CONSTRUCTION
The ENGINEER agrees to periodically inspect the contractor during the
construction period to insure contract compliance.
The ENGINEER agrees to process Contractor progress payments and
recommend payment by the OWNER.
The ENGINEER agrees to prepare and process Contract Change Orders as
required during the course of the construction contract.
The ENGINEER agrees to conduct a final inspection of the WORK and to
recommend final payment for the CONTRACTOR when the WORK is
completed
The ENGINEER agrees to schedule and conduct a one year warranty inspection
of the WORK prior to the end of the warranty period and to coordinate
completion of any required warranty repairs.
In consideration of the above services, the OWNER agrees to compensate the
ENGINEER in accordance with the following schedule:
Phase I - Design
Total fee of $20,000.00. Partial payments due as follows:
50% due when draft contract documents provided to OWNER.
50% due when contractor recommended for award.
Phase IT - Construction
Total fee not to exceed $10,000. without prior approval. Fees are billed on
$65/hour portal to portal rate with minimum inspection trip fee of 6 hours.
Approx. 25 inspection trips are anticipated. Fees are billed on a monthly basis
for actual inspections performed.
Jimmy D. Dunham, P. E.
DUNHAM ENGINEERING, INe.
OWNER
2