R92-10 04-06-92 RESOLUTION NO. R92-10
A I~SOLUTION AUTHORIZING AND APPROVING A CONTRACT FOR PRO-
FESSIONAL SERVICES BY AND BETWEEN INCHLOR SERVICES, INC. AND
CITY OF PEARLAND, TEXAS.
WHEREAS, it has become necessary to obtain engineering services
for the purpose of installation of certain dechlorination equipment in
the City's wastewater treatment plant in order to comply with
applicable Federal and State regulations; and
WHEREAS, Inchlor Services, Inc. has been selected as a registered
professional engineer of particular competence in this area; and
WHEREAS, Inchlor Services, Inc. has submitted a proposal for
services including compensation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
~ That certain contract by and between Inchlor
Services, Inc. and City of Pearland, Texas, a facsimile of which is
annexed hereto, designated Exhibit "A", and incorporated herein for
all purposes is authorized and approved.
~ The City Manager is hereby authorized to execute, and
the City Secretary to attest, the annexed contract documents and
counterparts thereof, as a act and deed of City of Pearland, Texas.
PASSED, APPROVED and ADOPTED this ~ day ~f ~~
A. D., 1992. ~~/~ ~/~
ATTEST: ~
APPROVED AS TO FORM:
LESTER G. RORtCK
CITY ATTORNEY
INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
THE STATE OF TEXAS,
~ OF ORANGE
FOR ~lqGINmmRING SERVICES
MADE AND ~'rERE3D INTO by and between the City of Pearland, Texas
hereinafter referred to as the "Owner", and Inchlor Services Inc.,
hereinafter referred to as the "Engineer".
RECITALS
Owner ccmtemplates construction of wastewater treatment plant
improvements consisting of installing dechlorination equipment with
modifications to the existing chlorinator. Such improvements are
hereinafter referred to as the "Project".
S]~TION I
EMPI/DYMENT OF
In consideration of the mutual covenants and promises hereina£ter set
out, the Owner agrees to employ the Engineer and the Engineer agrees to
perform professional engineering services in connection with the
Project as stated in the Sections to follow, and for having rendered
such services, the Owner agrees to pay to the Engineer compensation as
stated in the Sections to follow.
SECTION II
CHARACTER AND~OFSERVICMS
The Engineer shall, promptly and expeditionsly £ollowing execution of
this agreement, render the following professional services necessary
for the development of the project:
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
Design Phase
Prepare detailed specifications for modifications necessary to
properly dechlorinate the plant effluent. These specifications
shall in all respects combine the application of sound engineering
principles with a high degree of economy.
Prepare detailed cost estimates of the proposed Project. The
Engineer shall not be required to guarantee the accuracy of these
estimates.
Furnish to the Owner all necessary copies of plans, for Owners
submission to State for approval·
Construction Phase
1. Furnish the Owner with necessary equipment to properly dechlorinate
and chlorinate the plant effluent.
2. Assist Owner with installation when Owner deems necessary.
Make periodic visits to the site to obeerve the progress and
quality of the executed work and to determine in general if the
work is proceeding in accordance with the Design. In performing
this service, the Engineer will not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity
of the work or materials; he will not be responsible for the
techniques and sequences of construction nor the safety precautions
incident thereto. During visits to the construction site, and on
the basis of the Engineer's on-site observations as an experienced
and qualified design prof_es~_~ional, he will keep the Owner informed
of the extent of the progress of the work, apA advise the Owner of
material and substantial defects and deficiencies in the work.
Conxtuct, in the company of the Owner, a final inspection of the
Project for compliance with the Design and make recczeendations to
the C~er rege~rdingcx~npletic~n of the Y~roject.
The Engineer agrees toperform so that the DesignPhaseservicescanbe
completed within 14 days from the date of execution of this Agreement
and further agrees toperform so that the Construction Phase services
can be completed within 60 days from the receipt of State Approval.
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
SECTION III
AUTHORIZATION OF SERVInw~
The Engineer shall be authorized to proceed with the services outlined
in Section II upon execution of this Agreement.
SECTION IV
PERIOD OF EERVICE
This Agreement shall be effective upon execution by the Owner and the
Engineer, and shall remain in force until work is completed or
terminated under the provision hereinafter provided in Section X.
SECTION V
COORDINATION WITH THE ~
The Engineer shall hold periodic conferences with the Owner, or its
representatives, in order to obtain full benefits of the Owner's
experience and knowledge of existing needs and facilities, and be
consistent with its current policies and construction standards. To
implement this coordination, the Owner shall:
1. Make available to the Engineer, for his use, all relative existing
plans, maps, records, field notes, statistics, computations and
other data in the Owner's possession that is pertinent to the
Project.
2. Designate a person to act as the Owner's representative with
respect to the work to be performed under this Agreement.
3. Examine all work presented by the Engineer aD~ respond within a
reasonable time and in writing to the material submitted by the
Engineer.
4. Give prompt written notice to the Engineer whenever the Owner
observes or otherwise becomes aware of any defect in the Engineer's
work or in the Contractor's work.
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
SECTION VI
COMPt'/qSATION FOR Blx]GINk~ING SERVICES
For and in consideration of the services to be rendered by the
Bhginser, the Owner shall pay, and the Enginser shall receive the
compensation hereinafter set forth. All remittances by Owner of such
cometions shall either be mailed or delivered to the Engineer's
of f ice.
Payments to the ]Engineer for authorized services will be made monthly,
by the Owner, upon presentation of monthly statements by the Engineer
of such services. The monthly statements will be based on the
following hourly rates for the 1991 calendar year.
Project Engineer .......................... $ 75.00
Drafter ................................... $ 35.00
Service Technician ........................ $ 50.00
Clerical .................................. $ 15.00
Ex~ will be at invoice cost; copies at 20 cents per copy; and
automobile travel at 40 cents per mile. The total engineering fee for
services outlined in Section II and ~ on the preceding method of
compensation shall not excee~l the sum of ~enty-T~ Thous~mul, TWo
Hundred Seventy-Five Dollars ($22,275.00), which amount the Engineer
will not exceed without prior written authorization of the Owner. The
breakdown of these services mould be as follows:
Design Phase .............................. $ 500.00
Const~_ction Phase ..................................
1. Equipment ........................... $ 21,375.00
2. Ixlbor for Start-Up .................. $ 400.00
No reduction shall be made from the Engineer's compensk~tion due to
penalties or liquidated damages.
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
SECTION VII
RECDRES
The Engineer agrees to keep accurate records, including time sheets and
travel vouchers, of all time and ex~ allocated to the performance
of the Project. Such records shall be kept in the office of the
Engineer and shall be made available to the Owner for inspection and
copying upon request. Records shall be maintained for a minimum of
three ( 3 ) years.
SECTION VII I
ADDITIONAL E2~GIN~ING SERVICE]E
The Engineer will make, without expense to the Owner, such revisions of
the preliminary drawings as may be required to meet the needs of the
Owner, but after a definite plan has been approved by the Owner, if a
decision is subsequently made by the Owner which, for its proper
execution, involves extra services and expenses for changes in, or
addition to the drawings, specificatior~s or other documents, the
Engineer shall he compensated for such extra services and ex~,
which services and ex~ shall not be considered as covered by the
total engineering fee stipulated in this Agreement. Compensation for
such extra services shall be at the hourly rate listed in Section VI,
and reimbursement for direct n~n-labor expense a~ subcontract expense
at invoice cost. Other services that are not included in the total
engineering fee stipulated in this Agreement include appearance before
courts and boards on matters of litigation or hearings related to the
Project and services provided after issuance of the Statement of
Completion.
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
SECTION IX
OWNERSHIP OF~
Original documents, plans, designs and survey notes developed in
connection with services performed hereunder belong to, and remain the
property of the Owner, in consideration of which it is mutually agreed
that the Owner will use them solely in connection with the Project,
save with the express consent of the Engineer. The Engineer may retain
reproducible copies of such documents.
SELf ION X
TERMINATION
Either party to this Agreement may terminate the Agreement by giving to
the other seven days notice in writing. Upon delivery of such notice
by the Owner to the Engineer, and upon expiration of the seven-day
period, the Engineer shall discontinue all services in connection with
the performance of this Agreement and shall proceed to cancel promptly
all existing orders and contracts insofar as such orders and contracts
are chargeable to this Agreement. As soon as practicable after receipt
of notice of termination, the Engineer shall submit a statement,
showing in detail the services performed under this Agreement to the
date of termination. The Owner shall then pay the Engineer promptly
that proportion of the prescribedchargeswhich the services called for
under the Agreement, less such payments on count of the charges as
have been previonslymade. Copies of all completed or partially
completed documents prepared under this Agreement shall be delivered to
the Owner when and if this Agreement is terminated, but subject to the
restrictions, as to their use, as set forth in Section IX.
SECTION XI
EQUAL E~ OPPORTUNITY
During the performance of this Project the Engineer will not
discriminate against any employee or applicant for employment because
of race, color, religion, sex or national origin. The Engineer will
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
take affirmative action to ensure that applicants are employed, aD~l
that employees are tested during employment, without regard to their
race, color, religion, sex or national origin. Such action shall
include the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Engineer will, in all solicitations or
advertisements for employees placed by or on behalf of the Engineer,
state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national
origin.
SECTION XII
ADDRESS OF NOTICE~ AND ~ICATIONS
All notices and communications under this Agreement to be mailed or
delivered to the Engineer shall be to the following address:
Inchlor Services Inc.
P.O. Box 128
Bridge City, Tx. 77611
All notices and communication under this Agreement to be mailed or
delivered to the Owner shall be to the following address:
City of Pearland
P.O. Box 2068
Pearland, Tx. 77588-2068
SECTION XIII
BB~9.'IONC~-~IIONB
Each section under the contractural undertakings has been supplied with
a caption to serve only as a guide to the contents. The caption does
not control the meaning of any section or in any way determine its
interpretation or application.
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INCHL OR SER VICES, INC.
P.O. Box 128
Bridge City, Texas 77611
(409) 735-8166 Fax # (409) 735-7200
SECTION XIV
~RS AND ASSIG~]~Eh'PS
The Owner and the Engineer each binds himself and his ~_ccessors,
executors, administrators and assigns to the other party of this
Agreement and to the successors, executors, administrators and assigns
of such other party, in respect to all covenants of this Agreement.
Except as above, neither the Owner nor the Engineer shall assign,
sublet, or transfer his interest in this Agreement without the written
consent of the other. Nothing herein shall be constructed as creating
any personal liability on the part of any officer or agent of any
public body which may be a party thereto.
EXECUTED in two (2) counterparts (each of which is an original) on
behalf of the Engineer by its owner shown below, and on behalf of the
Owner by its City Manager (thereunto duly authorized) this ,2,~;4/day
of.~2Wd~/~/ , 1992.
Autmy rzu: ACUaiw £~u:
OF INCHLDR SERVICE~ INC.
ATIETf: ATTEST:
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