R2003-0192 12-08-03 RESOLUTION NO. R2003-192
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 ALICE ROAD
WATER TANK REPLACEMENT 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
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 Alice Road Water Tank Replacement Project.
PASSED, APPROVED and ADOPTED this the 8th dayof December .,
A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARIS, IN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
AUG ~1~ ~003
1~:05 FR PEARLAND SERUICE CTR. ! ~5~ !?10 TO
STANDARD AGREEMENT
· ,,
FOR CONSULTANT SERVICES,
~is C~ra~ (Contra=) is made be~en the Oi~}:~E, arland, Terns
(hemina~r "C~"), and ~u ~1~ , (hem~a~er"~n~) as follo~:
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Description of Proj~t:
,, Consult~:~(/Subconsultan. t(.s). 'F~e .'~nsation..
.... . ,-;,.,,, .:..~,:. ,
Maximum-Contract Amount ~' ~r o, o o ~) °-:- .' '~:';',:~' ;~-:~-"
,- ,:;j~;~,g::;,:.;' _._
* Alt financial,obligations created by thi~ agreement ,City and
Consultant, and shall not be construed to be between 'subconsultant.
Delivery of plans, specifications and estimates: L ~ .
,,,,,., ;.--;~, .,,
Attachments: Scope of Services - Exhibit A
'
·Project Schedule - Exhibit B
.. ).;:?i~:',,i": ·
2. Services a~d,,Paymen.t. '
A. Consultant will furnish services to the City in acco~,!the terms and
conditions specified in this Contract. Payment for the s~~~:~nsultant shall be
due and payable upon submission and approval of a ~~?'Services to City.
Statements for services shall nOt be submitted more frequently~!~nthly.
· . . . ,..:~,:,~.:.!~; ,..
After consultation w~th the C~ty, the Consultant' sh~~ 'the bas~s of
compensation in thescope of work for the project. The,:~t shall provide
adequate detail' of the basis of compensation so that the.~~n determine the
reasonableness of the fees and have the ability to make reas0 '"~tC~_ress payments
to the Consultant based upon work completed at the payment~s. The Consultant
shall subcontract for all subconsultants, subject to City approv~!~ry to complete
the scope of work. The subconsultant's fees and administrativ~;.up, ,if any, shall be
included in the 'scope of work. Unless Otherwise agreed~.:;.~, the method of
compensation shall be one of the following methods: ! :':.,:: ,,,
· _ ' ,' ,;<'?i'; ~,:":: '~ . . # u
1-. Salary Cost Times Multiplier Plus D~rect N~nse ( Salary )
,~..'.: .~, :.;'.,;:..,,,
C0mpensatmn shall be based on 1) the direCt ~(inc, luding benefits)
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,-,~-,:?:):. ~-:
,',{,'%;
co ~'F ' -:~;
AUG 'IS 2003
12:05 FR PEARLAND SERVICE CTR.1 652 1710
of 'the Consultant's employees whose time
project; 2) an agreed upon multiplier to
overhead and profit; and 3)
expenditures and subconsultant contracts
for the project. The Consultant shaft provide a
total fees for the project, which shall not
approval.
2. Per Diem ("Per Diem")
P.03
to the
Consultant for ·
?direct nonsalary
r~the scope of work
includes the
prior City
Com~nsation shall be based upon 1) an ~?~mp sum per day
for 'specific services; and 2) reimbu~¥:direct nonsalary
expenditures and subconsultant contracts as '-'~:.-t~m scope of work
for the project. This method is best suited ~ '~~Ss'work or other
short-term engagements involving intermittent ~~:
3. Cost Plus F~xed Fee ( Cost Plus )
Compensation shall be based upon 1) re~rn~~~:the actual costs
of =11 ..ices and supplies related to'the' ~~;an agreed upon
fixed fee (profit). The Consultant shall provid~ of the costs to
be reimbursed, but actual compensation shall, b~?.~`~'~;bpon invoices and
supporting documentation provided by the
4. Lump Sum ("Lump')
Compensation shall be based upon an ag.r.~i?um payment for
Completing the entire scope of work. T~'is. ,~'::!is. best suited to
investigations or studies and for basic se~~..illm~ted ..scope and
complexity. ~.~'~:i'""~i~i!;','~,,:~,~ · ,,;...
.If City fails to 'make any payment due Consultant'for ~ ~,expenses within
thirty (30) days. after receipt and approval of Consult~ ~nt for senti(es
therefore, the awiounts due Consultant will be increased at'th~ ~0ne percent (1%)
per month from.said thirtieth (30th) day, and, in addition,. ~,Co~;~y, after giving
seven (7) days' written notice to City, suspend service~-:~!,..t~iS Contract until
Consultant has 'been paid in full, all amounts due for services, i~s, and charges.
Et. All the Consultant's working drawings, plans, a~!~ns, if required
under this contract, shall be sufficiently accurate, detait~:?.".complete so that
competitive bids for the work can be obtained and the impr~"~0nstructed.
C. Approval' ·of the Consultant's work by the City sh~!.!;~~' the Consultant,
its emplOYees, agents, or consultants, from the resp~~liability for the
accuracy and ce~lpetency of their designs, working, d~~'.~.:specifications, or
other doe. uments.and services.
,;.., ~.', ,;,'m' :' '," 2
D. Subje~ to.Article 8 herein or as otherwise agreed, the.;~~ntshall promptly
correct errors m the Consultant's work, including errors disco~r final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultar~t~:!',ptepare a project
schedule identified as an attachment to this agreement'and s~ ~m review within 15
calendar days after receiving a Notice-to-Proceed. The ,.P~,"~SChedule shall be
submitted in digital and paper form, in the Microsoft Proje~t,'~~ws format. The
Project Schedule shall contain a complete schedule so that ~ultant's scope of
services under this contract can be accomplished within'the-s, ,,'~~,,time and contract
cost. The Project Schedule will provide specific work saqa~ahd definite review
times by the City and the Consultant of the work performed, ~eview time should
take longer than shown on the project schedule, through, no!~',of the Consultant,
additional contract time may be authorized by the City .;~h a supplemental
agreement, if requested by a timely written request from the ~ltant and approved
by the City.
3. Term and Termination. This Contract term will begin U~~hand~ end sixty
days after issuance of the certification of completion of co~ e Consultant.
The City may terminate this Contract at any time during itste[~~ing written notice
to Consultant, The City shall pay the Consultant for allse~c~,,~ered":~ ..... to the date of
termination.
. ~'~anges within the
4_M_od_ific~.~ti_'qns~ City without invalidating the Contract,
general scope of the work required by the Contract by'a~';:a,.dding to and/or
deducting from .the work to be performed. If any change ,t~n~'!'.cjause causes an
increase or decrease in Consultant's cost of, or the time requi~ithe pe~ormance of
any part of the Services under the Contract, an equitable a~will be made by
mutual agreement and the Contract modified in writing
5. Sub~ntr~s,;. If, for any reason, at any time during~ ~ss of providing
services, City determines that any subcontractor for Cens,',,~?S.lincompetent or
undesirable, City.will notify Consultant accordingly and consu' "~'~all take immediate
corrective action, which may include cancellation of such',$a.,,~Ct.- Subletting by
subcontractors shall be subject to the same regulations. ~ ',contained in the
Contract shall create any contractual relation between any sg~or and City.
6. Ownership of Documen,,t,,s. Ail drawings, report data, and'~;.,,.p,.roject information
developed in the execution of the services provided under, ~ract shall be the
property of the City upon payment of Consultant's fees for'~. Consultant may
retain copies for record purposes. Owner agrees such do~u~.,'~re not intended or
represented to be suitable for reuse by City or others. Any ~~.y City or by those
who obtained said documents from City without written ,~e~'"or adaptation by
Consultant will be at City's sole risk and without liability or leg;. ','~ure to Consultant,
or to Consultant's independent associates er gonsuitants, and-i~halt indemnify and
,4,,...[,
1~:07 FR PE~RL~ND
SERUICE CTR.! ~Z
hold harmless Engineer and Engineer's independent
damages, losSes, and expenses including attorneys'
therefrom. Any such verification or adaptation will
reasonable compensation. Consultant may reuse
project information in the execution of the services
Consultant's other activities. Any reuse by Consultant will'
and without liability or legal exposure to City, and
harmless City from all claims, damages, losses, and
arising out of or resulting therefrom.
7. Insurance.
A. The Consultant shall procure and maintain
insurance against:claims for injuries to persons,
omissions rela~ing to the performance of any work
'~'i~rorn all claims,
of or resulting
to further
and other
this Contract in
sole risk
and hold
· ' attorneys' fees
Agreemartt,
errors and
its agents,
employees o~ subcontractors under this Agreement,
(1) Workers' Compensation as required by law.
(2) Pro~ional Liability Insurance in an amount ~an-$1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Pro~,::lnsuran~
minimum limits of $1,000,000 for injup/ or::':~~n¥ one person,
$1,000,000 for each occurrence, and $1,000,.~~ occurrence of
damage to or destruction of property.
(4) Con~rehensive Automobile and Truck L'al~t~[-~:.covermg owned,
hired, and non-owned vehicles, with minimum:~!;~f,' $1,000,000 for
injur~ or d~ath of any one pomon, $1,000,00~'~, ..'~-:0ocurren~, and
$1,000,000 for property damage.
B The ConSultant shall include the City as an add~!~ured under the
policies, with the exception of the Professional Liabiil~'~'.~ and Workers'
Compensation. Certificates of insur~nce and endorserr~~~~/[urnished to the
City before work,dominances. Each insurance poli~ sha'fi ~ to state that
coverage shall ,not be suspended, voided, canceled, reduced~e,rage or in limits
except after th,.rty (30) days prior written notice by ce~~l/ _~etum receipt
r~lut~ted, has ~n given to the Ci~. Upon request, ~rffii~~,of all insuranc~
policies shall be f~rnished to the City. ,~,.
.
8. ~. ':~onsu~tant sh~ll indemniht and hold th~-¢i~.'~ ~r$, agent~, and
employs,, h~mfe~s from any claim, loss, damage, suit~,.:~.;.~ ¥:~of e'~ kind for
· which Consultant' is legally liable, including ail expenses':Of'-~ i~ court costs, and
attorney's fees, for injury to or death of any person, for de~~..:any property, or
18:08 FR PEARLAND SERUICE CTR.1 G58 1710 TO ~197~6~07034~174 P.OG
.~
errors ~n design, any of which am ~u~ by the neglr~~~?o~ss~on of
Consul~, h~s ~'~m, employes, agents, or sub~ntm~:~~' ContraS.
9. Ass~gn~nt~ Consultant shall not assign this Contm~.?~~the prior wr~Uen
~nsent of the Cl~. . ~, ;~:/.~,:. '
10. ~w Governin~ and Venp_e_. This Contract shall ~' gove~':iaw of ~e State
of Te~s and no 'la~uit shall ~ prosecuted on this Con~t in a ~u~ of
~m~nt juri~i~on located in Brazoria CounW, Te~s.
11. EnUFe. ~~. This Contm~ represents the e~im ~~n the C~ and
· e ~onSU~nt and supem~es all prior negoti~ions, ~~'h~, or ~n~a~,
either wren or omi. ~is Contm~ ~y be a~nded onlyby ~~bu~nt signed
by both padies. Pur~ase ordain issu~ under ~is ~~~' .' shall ~n~in a
st~e~nt nulti~ing additional ter~ and ~nditions on the re~e ~ the pumhase
order and re~ren~ng this ~r~nt.
12. Co~_Jn ~mra~ Docu~nts. The above pmv~~~,.~em ova any
confli~ing provision contained in any refemn~ ~ntm~ d~~~e~ above.
13. Dispu~ .R~ion Pr~u~. The Consultant-apd-C~,.,an exp~io~
~ans to r~ive any disp~es that ~y arise be~n them-~~,~s Conbact. To
ac~mplish this, the paffies agree to ~diation as foll~: If~~ adses out of or
relates to this Con~a~, or the brea~ ther~f, and if
·mugh n~i~i~, then the pa~ies agree fi~ to t~ in g~ ~~'d .b~re bringing
any l~al a~on, to seffie the disp~ by ~i~ion of a thi~-'~~: ~11 be sele~
by agreement of the parties.
EXECUTED and EFFECTIVE as of the ~
CITY OF'PEARLAND
Bill Ei~en
City Manager
STATE 0F TEXAS
COU~ OF ~ ~ . ,:::~?;;.',~- '"
. BEFORE'~, ~e undemigned No~, Public, on ~~nally =p~amd
~ t ~ ~,~ ~-~k~. known to me to be the pe~n ~~:~ s~cfibed to the ' ".'.:~,
fom~ing in~t~e~'~n~-~owledged to me that he/she ex~~e,for ~e pu~ses ":.
and ~nsidemfion therein expressed.
GIVEN UNDER MY HAND AND SEAL,OF OFFIGE~';,~S lc) DAY
/ ~ ",,~':.¢!?h~' .... -_.." ..
Of ,,~,~ O'~ ,A.D., 20 ~ ·~ ~':-L:.':,,".< '- - --' .....
NOTA~ ~~:~.'~OR THE ' _ _--.~ ::~.[-.--
STATE OF T~,'?.~',:. ', -
STATE OF TE~S ~ ""'-'~'~.'.~:.:. j~,"~": .>..,'"?'
COU~ OF ~ r, ~ ~ ', ............ '
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~ ~EF~' ME, the unde~gned Nota~ Pubhc, on t~s:~nally appea~.
, '~,// ~/J~ , known to me to ~ the pemon-. :.~~ is subsc~bed'to '".:;,~
the ~omgoing in~mment and a~now~dged to me t~at he/~e ~ffi-'ffi~ same for the
pu~oees and ~nsidemfion therein expressed. ..?~;:y'~,
GNEN UNDER .~ HAND AND SEAL OF OFFICE.:;:~ "'"'~, DAY OF ¥'~.
~c ~' , A.D., 200 ~ . . ..~.~:'~,~,~, ,.'.;;.. '....
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DEC C
'00 14:55 FR PLRRLAND :iERUICE C:TR. 1 652 1710 TO 1879
19
DUNHAM ENGINEERING
13141 HJI1 R.d
NeN
51 t otze•Cy
Water Tank Consultants
College Station; TX 77845 • (979) 690.5555 • Mobile (979) 82 -1648
FAX (979) 6904034 • www.DunhamEngineering.com
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