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HomeMy WebLinkAboutR2025-121 20250728RESOLUTION NO. R2025-121 A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Data Efficiency Solutions for Utility Assessment Services, in the amount of $86,484.72. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional services, 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 for professional services. PASSED, APPROVED and ADOPTED this the 28th day of July, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 1 of 9 4/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Data Efficiency Solutions, LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as DES Baseline Pearland Asset Health ("PROJECT"). (Project #Based on DES Quote #1048 (to be updated upon assignment of official City project number)) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A.The CONSULTANT shall evaluate rotating asset condition, assign standardized condition scores (1–5), document findings, and deliver a final report with recommendations, all in accordance with CITY standards and the procedures outlined in Exhibit A. The PROJECT schedule shall be submitted in digital form. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B.The CONSULTANT shall prepare and submit a detailed opinion of the estimated cost of the PROJECT. C.The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D.The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E.The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 2 of 9 4/2019 F.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 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. 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, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G.The 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 Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 3 of 9 4/2019 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 CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H.All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2025. SECTION III - CONSULTANT'S COMPENSATION A.The total compensation for the services performed shall not exceed the total noted in Section B. B.The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1.Basic Services (Lump Sum)86484.72 2.Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum):0 3.Bid Phase Services (Hourly Not to Exceed)0 4.Construction Phase Services (Hourly Not to Exceed)0 5.Reimbursable Expenses (Not to Exceed)0 6.Total:86484.72 C.The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV - THE CITY'S RESPONSIBILITIES A.The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 4 of 9 4/2019 B.The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A.The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 239 Claremont Court, Gallatin, TN 37066. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B.If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C.In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D.If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E.In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F.If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 5 of 9 4/2019 connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement 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. SECTION VII – COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. ________________________________ ASSISTANT FINANCE DIRECTOR DATE CITY OF PEARLAND, TEXAS ________________________________ CITY MANAGER/DIRECTOR CITY OF PEARLAND, TEXAS DATE ________________________________ CONSULTANT DATE 07/18/2025 Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 7/29/2025 | 9:08 AM CDT 7/29/2025 | 12:14 PM CDT Professional Services Contract 6 of 9 4/2019 EXHIBIT A Condition Assessment of Equipment Using Predictive Maintenance and Visual Analysis 1. Purpose To establish a standardized procedure for conducting condition assessments on critical assets using predictive maintenance (PdM) technologies and visual inspection. The goal is to objectively evaluate equipment condition, assign a condition score (1–5), and compile findings into a detailed final report to support asset management planning. 2. Scope This SOP applies to all mechanical, electrical, and process-related assets at water and wastewater treatment plants under Data Efficiency Solutions (DES) management. Assessment techniques include: - Visual Inspection - Infrared Thermography - Vibration Analysis - Ultrasonic Testing - Motor Current Signature Analysis (MCSA) - Oil Analysis (as applicable) 3. Responsibilities (DES) - Maintenance/Asset Management Lead: Oversees execution of the SOP, ensures qualified personnel perform assessments, and reviews final report. - Condition Assessment Team: Conducts field assessments, applies PdM technologies, assigns condition scores. - Data Analyst/CMMS Administrator: Inputs findings into CMMS, ensures traceability and integration with maintenance planning. - Site Supervisor/Operations: Coordinates site access and assists with operational support as needed. 4. Safety Considerations - Follow all site-specific Lockout/Tagout (LOTO) and confined space entry procedures. - Use appropriate PPE including arc-rated gear where required. - Ensure all test equipment is properly calibrated and used per manufacturer specifications. 5. Tools & Equipment - Infrared camera - Vibration analyzer Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 7 of 9 4/2019 - Ultrasonic testing device - Current signature analyzer - Digital camera for documentation - CMMS/mobile inspection forms - Hand tools for access covers (if needed) 6. Procedure 6.1. Pre-Assessment Planning 1. Identify Assets: Select equipment based on criticality, age, history, or as part of a routine schedule. 2. Review Asset History: Analyze maintenance records, previous assessments, and failure data. 3. Notify Operations: Inform facility personnel and coordinate safe access times. 4. Verify Tools Calibration: Ensure all predictive maintenance equipment is within calibration date. 6.2. Visual Inspection Checklist Perform a comprehensive visual check for each asset: - Signs of leakage, corrosion, misalignment, wear, or damage - Unusual noises or vibrations - Condition of electrical components (conduits, terminations, panels) - Foundation and mounting integrity - General housekeeping 6.3. Predictive Maintenance Techniques Conduct PdM assessments based on asset type: Rotating Equipment (e.g., pumps, blowers, motors): - Vibration Analysis - Ultrasonic Detection - Infrared Thermography - MCSA Electrical Systems (e.g., panels, MCCs, transformers): - Infrared Thermography - Ultrasound (if applicable) Pressurized Systems (e.g., compressors, air lines): - Ultrasonic Testing Lubricated Equipment: - Oil Analysis (if feasible) Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 8 of 9 4/2019 6.4. Condition Scoring (1–5 Scale) Score Condition Description 1 Excellent Like new. No visual/PdM defects. Optimal performance. 2 Good Minor signs of wear. No action required. 3 Fair Moderate wear or early signs of degradation. Monitor closely. 4 Poor Significant wear or pending failure indicators. Plan repair/replacement. 5 Failed Non-functional or near failure. Immediate action required. 7. Reporting and Documentation 7.1. Field Data Collection - Use standardized inspection forms (digital preferred). - Attach photographs, PdM readings, and equipment tags. - Record technician name, date, and asset ID. 7.2. Final Report Requirements Each report must include: - Executive Summary - Methodology - Asset Condition Table - Supporting Documentation 8. Follow-Up Actions - Score 4 or 5: Schedule repair or replacement through maintenance planning. - Score 3: Add to monitoring list and reassess within 6 months. - Score 1–2: Retain standard inspection schedule. 9. Review & Continuous Improvement - Review SOP annually. - Solicit feedback from field technicians and asset managers. - Update techniques and scoring criteria as PdM technologies evolve. Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Professional Services Contract 9 of 9 4/2019 10. Summary of Value Implementing a standardized condition assessment program that integrates visual inspections and predictive maintenance techniques delivers significant operational, financial, and strategic benefits: - Improved Asset Reliability - Data-Driven Capital Planning - Optimized Maintenance Resources - Enhanced Regulatory Compliance - Reduced Total Cost of Ownership - Alignment with Industry Best Practices Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455