R99-083 10-11-99RESOLUTION NO. R99-83
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 CLAUNCH & MILLER, INC. FOR
ENGINEERING SERVICES RELATED TO THE INSTALLATION OF A
LIFT STATION LOCATED ON GARDEN ROAD IN THE GARDEN ACRES
S UBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 1. That certain contract by and between the City of Pearland and
Claunch & Miller, Inc., a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
S ection 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest a contract with Claunch & Miller, Inc. for and
on behalf of the City of Pearland, for engineering services related to the installation of
a lift station located on Garden Road in the Garden Acres Subdivision.
PASSED, APPROVED and ADOPTED this the 1 h
if day of
0eoher , A.D., 1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARR N M COKER
CITY ATTORNEY
AGREEMENT FOR SERVICES
This Agreement entered into as of the /1 day of OG r4#tea_ , A.D.,, by
and between Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the City of
Pearland, Texas, hereinafter referred to as the "Client".
WITNES SETH
WHEREAS, the Client has requested various services of the Consultant with
respect to engineering design and preparation of contract documents for the construction of the
proposed waterline improvements (hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant - Consultant hereby agrees to perform the
services required under the scope of services related to the Project, and to provide Client with copies
of the information, opinions, design calculations and contract documents made the basis of the scope
of the services, which is set out in Attachment "A" and made a part of this contract. Consultant
agrees to initiate services upon receipt of an executed copy of this Agreement.
2. Availability of Information - Client agrees to provide Consultant with
all available information pertinent to the Project. Client will also provide copies of reports,
drawings, and other data, and will, at Consultant's request, provide written authorization to review
Client's files relative to the Project which may be in possession of third parties. Consultant agrees
to return all original documents to Client upon completion of the Project, but reserves the right to
make and keep reproducible copies of all such material.
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3. Access to Facilities - Client will provide access for the Consultant to
enter the property and facilities of Client, as necessary for Consultant to perform services as required
under the Project.
4. Instruments of Service - All documents prepared in accordance with this
contract including exhibits, field notes, laboratory data, original drawings, and specifications are the
property of the Client. The Consultant is given the right to use any of this data in connection with
future engineering projects. The Consultant may retain copies or reproducibles of any information
prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Consultant under this agreement will be based on a Lump Sum Amount
of $59,040.00.
6. Payment and Fee Schedule - The Consultant will submit a monthly
invoice for services rendered. The invoice will be based upon the Consultant's estimate of the
proportion of the total services actually completed at the time of the invoice. Services will be
invoiced using the following fee schedule:
Phase I - Preliminary: $4,000.00
Phase II - Final Design. $9,350.00
Phase III - Construction Administration: $ 2,400.00
Geotechnical Services: $ 1,265.00
7. Terms of Payment - Payment of fees as determined under Paragraph 5
herein above shall be due and payable by Client within thirty (30) days following receipt of
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Consultant's monthly invoice.
8. Additional Services - Additional services beyond those described in the
Scope of Services will be invoiced on the basis of direct labor cost times a factor of 2.99 and direct
cost plus 10%.
9. Termination - The Client may terminate this contract at any time by
giving seven (7) days' notice in writing to the Consultant. In that case, all finished or unfinished
documents and other materials produced under this contract, shall become the Client's property. If
the contract is terminated by the Client in accordance with this provision, Consultant shall be paid
for all services performed to the date of teiniination. Consultant may terminate this contract upon
seven days' written notice in the event of substantial failure by the Client to perform in accordance
with the terms hereof through no fault of the Consultant.
10. Governing Law - This Agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws of the State of Texas. The
venue of any suit for enforcement or construction of this contract shall be in Harris County, Texas.
ENTERED INTO AND AGREED by the parties hereto as the day and year first
written.
CLAUNCH & MILLER, INC.
Consultant
BY:
CHRISTOPHER E CLAUNCH, P E
President
CITY OF PEARLAND, TEXAS
Client
ATTEST: