R2006-067 05-22-06
RESOLUTION NO. R2006-67
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 C. L. DAVIS AND COMPANY, FOR
SURVEYING SERVICES ASSOCIATED THE FM 518 WATER LINE
PROJECT.
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 C. L.
Davis and Company, 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 C. L. Davis and Company, for surveying
services associated with the FM 518 Water Line Project.
PASSED, APPROVED and ADOPTED this the 22nd
day of Mav
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TOM REID
MAYOR
,A.D., 2006.
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and C. L. Davis & Company (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide Surveying Services for the 518 Waterlne project.
ConsultantlSubconsultant s
C. L. Davis & Com an
Fee
$79,940.00
$79,940.00
Basis of Com ensation
NTE
Maximum Contract Amount
NTE
*AII 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: Sixty (60) days after services
rendered.
Attachments: Scope of Services - Exhibit A
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 Consultant 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 subconsultant's 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)
of the Consultant's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Consultant shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
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 ("Cost 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 ("Lump")
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 limited scope and
complexity.
If City fails to make any payment 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 half percent
(1/2%) 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
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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 Consultant shall promptly
correct errors in the Consultant's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultant shall have prepared a
project schedule identified as an attachment to this agreement. The Project Schedule
shall be submitted in digital and paper form, in the Microsoft Project for Windows 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 shall 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 Consultant'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 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 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 Consultant's 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 to Consultant's independent associates or consultants, and City shall indemnify and
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hold harmless Consultant and Consultant's independent associates from all claims,
damages, losses, and expenses including attorneys' fees arising out 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
Consultant's other activities. Any reuse by Consultant will be at Consultant's 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:
(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 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 Liability 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 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.
8. Indemnitv. 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
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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
Consultant, his officers, employees, agents, or subcontractors under this Contract.
9. AssiQnment. Consultant shall not assign this Contract without the prior written
consent of the City.
10. Law GoverninQ 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 govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute 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.
EXECUTED and EFFECTIVE as of the 22nddayof May
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CITY OF PEARLAND
By: ~IE--" -
Printed Name: Bill Eisen
Title: City Manager
CONSULTANT
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STATE OF TEXAS
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BEFORE ME, the undersigned Notary Public, on this day personally appeared
Bi 11 Ei sen , 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
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SEAL OF OFFICE THIS ~d- DAY OF
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NOTARY PUBLIC IN AND FOR TH
STATE OF TEXAS
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My Commission Expires: O..l..J 0'7 I ~16
COUNTY OF
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STATE OF TEXAS
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,
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
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DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
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Exhibit "A"
Resolution No. R2006-67
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C.L. DAVIS & COMPANY
LAND SURVEYING
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
(281) 482-9490
FAX (281) 482-1294
E-MAIL cldavis@c1daviscompany_com
May 1, 2006
Mr. Joe Wertz
Project Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Farm Market Road 518 from GalvestonlBrazoria County Line to Pearland Parkway
(approximately 16,000')
Proposal Number: 2006-066
Dear Mr. Wertz:
Our proposal for land surveying services for the above referenced project is as follows:
1. Topographic Survey on Farm Market Road 518 from Galveston/Brazoria
County Line to Pearland Parkway (southwesterly side of road only) ............................. $49,500.00
2. Establish the Southwesterly Right-of-Way line of Farm Market Road 518from
Galveston/Brazoria County Line to Pearland Parkway................................................... $30,440.00
Total Amount of Proposal........ ...... ....... .................. .......... .................... ..... ..... ....... ................... $ 79,940.00
Proposal does not include fees for:
* Abstracting (to be furnished this office by owner)
** Right-of-Entry Letters (to be prepared by City of Pearland)
The following items will be invoiced at cost:
. Reproductions
. Submittal fee(s) to governmental agencies
. Delivery service
. Electronic Mail
Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly
basis as described below:
.
Principal
Registered Professional Land Surveyor (RPLS)
Technical/CAD
Three-man field crew
Data Collector
Clerical
$125.00
$95.00
$85.00
$110.00
$30.00
$50.00
.
.
.
.
.
N:\OO-office-data\Proposals 2006\2006-066 COP FM 518 Galv-Braz Line.doc
All surveying services are under the jurisdiction ofthe Texas Board of Land Surveying: 7701 North Lamar,
Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services
should be sent to the above address to the attention of Complaints Officer of the Board.
Thank you for the opportunity to submit this proposal and we look forward to working with you.
Sincerely,
Approved & Accepted
C. L. Davis, R.P.L.S.
Mr. Joe Wertz
City of Pearland
Date
2006.066 COP FM 518 Galv.Braz Line.doc
ADDENDUM TO CITY OF PEARLAND
EXCLUSIVE COMMERCIAL AND RESIDENTIAL
SOLID WASTE AND RECYCLING CONTRACT
(Exhibit"A" to Resolution No. R2000-67)
This Agreement is entered into this of day of [H Ay , 2000, by and between the CITY OF
PEARLAND,BRAZORIA COUNTY,TEXAS(hereinafter"City") and WASTE MANAGEMENT,INC.,
a Texas corporation (hereinafter"Contractor").
WHEREAS,a Solid Waste and Recycling Contract was executed between City and Contractor for
services to begin October 1, 1996, and
WHEREAS, Section 14 of the Contract authorizes the parties to extend the initial five (5)year term
of the contract for an additional five-year term beginning October 1, 2001, and
WHEREAS, Contractor and City both desire to extend the existing contract for an additional
five (5) year term, and
WHEREAS, Contractor has proposed the implementation of a green waste program for all
residential solid waste customers; and
WHEREAS, City desires to implement a green waste program by which Contractor shall once each
week collect green waste from each residential unit within the City
WITNESSETH :
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows:
1 Section II of the agreement is amended to add the following definition
Green waste-Green waste shall include,but not be limited to,grass,leaves,tree trimmings,
branches, tree trunks, or similar plant refuse.
2. Contractor agrees, at no cost to the customer, to implement a green waste recycling
program for all residential solid waste customers. Contractor shall,once each week,collect
from each Residential Unit within the City,green waste material,provided such materials are
placed in translucent(semi-clear) bags, the weight of which shall not exceed thirty-five(35)
pounds. Branches, brush, and similar woody material must be bundled and tied in lengths
not exceeding five (5) feet and having diameters not exceeding eighteen (18) inches, the
weight of which shall not exceed fifty (50) pounds. It is understood that green waste
collection routes may be temporarily delayed during periods of peak volumes.
3. Contractor and City hereby agree that the existing contract between the parties be extended
for an additional five (5) year term beginning October 1, 2001, and expiring five (5) years
later on September 30, 2006
1
4 Contractor agrees to the following terms regarding rate increases:
• Contractor agrees to forego its CPl increase for the fourth year of the existing agreement
covering the period from October 1, 1999, through September 30, 2000
• Contractor may submit a CPI increase for the final year of the existing agreement
beginning on October 1, 2000, and ending on September 30, 2001
• Contractor agrees to lower residential rates twenty cents ($0.20) beginning
October 2001, and further agrees to maintain said residential rate until September 30,
2004
5. The effect of this Addendum is limited to the terms above and all other terms of the original
Agreement endure as previously agreed This Agreement may only be amended,modified,
or supplemented by written agreement and signed by all parties.
7 Upon completion of Contractor's obligations pursuant to this Agreement, Contractor shall no
longer have any rights or obligations hereunder regarding the collection of solid waste and
recycling within the City of Pearland.
8 No assignment by a party hereto of any rights under or interests in this Agreement will be
binding on another party hereto without the written consent of the party sought to be bound,
and specifically but without limitation moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law),and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement.
9 Nothing herein is intended to supersede or waive any City or County ordinance or regulation
pertaining to such construction.
10 Whenever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement is
prohibitive or invalid under applicable law, such provision shall be ineffective to the extent
of such provision or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement.
11 This Agreement shall be construed and enforced in accordance with and governed by the
laws of the State of Texas.
12. This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas,
13. In enforcing the performance of the provisions of this Agreement, all parties shall have the
right to the exercise of all procedures available under the law including, but-not without
limiting the generality thereof, a writ of mandamus to command performance of any
provision. No waiver of any breach or default of any provision of this Agreement shall be
deemed a waiver of any subsequent waiver or default.
If any party hereto is the prevailing party in any legal proceedings against any signatory on
this Agreement brought under or with relation to this Agreement, such prevailing party shall
2
additionally be entitled to recover court costs and reasonable attorney's fees from any non-
prevailing party to such proceedings.
14 Resolution No R2000-67 and incorporated herein and made a part of this Agreement for all
purposes
15 To accomplish execution of this Agreement, it may be executed in multiple counterparts.
16 CONTRACTOR HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE
CITY AND COUNTY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS FROM ANY AND ALL CLAIMS,DEMANDS,RIGHTS OR CAUSES OF ACTION
OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES,
ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES,
INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE
CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY CONTRACTOR, ITS
AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS, AS A RESULT OF THE
IMPLEMENTATION OF THE TERMS OF THIS AGREEMENT, UNLESS CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY OR COUNTY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. CONTRACTOR
SHALL KEEP AND HOLD HARMLESS THE CITY AND COUNTY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST,
LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED,
INCLUDING ATTORNEYS'FEES,CLAIMED OR RECOVERED BYANYONE BY REASON
OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR
DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE
OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS,
ARISING IN CONNECTION WITH THIS AGREEMENT. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE TERMINATION,EXPIRATION,OR CANCELLATION OF
THIS AGREEMENT.
In witness whereof,the parties have hereunto set their hands and signatures on the date first above
mentioned
WASTE MANAGEMENT, INC.
a Texas corporation
Printed Name. ,t ..4ef
Title./26'b lctfld MAt''iiy ,if, .
ATTEST CITY OF PEARLAND, TEXAS
a Texas municipal corporation
oun Glen R. Erwin
City cretary City Manager
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STATE OF TEXAS '§
§
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS +23`� DAY OF
May , A.D , 2000
Lin(WAAQA., 44e4littit;)
Notary Public, State of Texas
.;p MELISSA HARRIS ,
'*JNotary Public,State of Texas Mycomr<rission gyp; Printed Name Mei k z
a :s* July 19,2003 My Commission Expires: "r_ t a_03
STATE OF TEXAS §
§
COUNTY OF 6QA-2►fd k §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
M irE ST4.4 MP , 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 /9-DAY OF
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^+° ' YOUNG LORFING Tinted Name. YObtAiG L £ft/'
q. j�3 Notary Public,State of Texas A
> •Commission Expires 4-3-01 i My Commission Expires. $--3 - zoo/
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