R2000-137 11-13-00 RESOLUTION NO. R2000-137
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 BOB HOLT FOR CONSTRUCTION
INSPECTION SERVICES ASSOCIATED WITH THE FITE ROAD AND
HARKEY ROAD SANITARY SEWER IMPROVEMENTS.
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
Bob Holt, 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 Bob Holt for construction inspection
services associated with the Fite Road and Harkey Road sanitary sewer improvements.
PASSED,APPROVEDandADOPTEDthisthe 13 dayof November .,
A.D., 2000.
TOM REID
MAYOR
ATTEST:
Sr RETARY
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter "City"),
and [~n ~ ~1P (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Consultant: Bob Holt
Description of Services: Contract Inspection Services Associated with the Fite Road and
Harkey Road Sanitary Sewer Improvements Project
Maximum Contract Amount: $36,183.41 plus Reimbursable Expenses
Contract Begins: Upon start of construction services
Contract Ends: Upon completion of construction services
Attached Contract Document: Proposal
2. Definitions.
Contract means this Standard Services Contract, including the attached contract
documents listed above.
Services means the services for which the City solicited bids or received proposals
as described in this Contract.
3. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the City.
Statements for services shall not be submitted more frequently than monthly.
4. Term and Termination. This Contract term will begin and end on the dates shown
above. 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.
5. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of every
kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or
death of any person, or for damage to any property, arising from or caused by any act or
omission of Consultant, its officers, employees, agents, or subcontractors, in performing its
obligations under this Contract.
6. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
7. 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.
8. insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims, as follows:
(1) Workers' Compensation as required by law.
(2) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $250,000 for injury or
death of any one person, $250,000 for each occurrence, and $250,000 for
property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of 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.
9. Law Governing 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.
10. 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.
11. 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 and arbitration as follows:
A. Mediation. 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.
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing of
any suit, any controversy or claim arising out of or related to this Contract shall be
settled by binding arbitration in accordance with the Federal Arbitration Act and the
Commercial Arbitration Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The parties may agree in writing to use any other arbitration
procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE this the I ~hday of ~,/O~/~eF' ,2000.
ATTEST: CITY OF PEARLAND
Printed'N~'me: 'AItJ~, ~.
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
~)0)3 H0J~' , Consultant
Printed N~(ne: .~',~,~y
Title:
STATE OF TEXAS §
COUNTY OF ~Z)¢~C)tC'~ C)~
~ B~FQt~E I~.E, the undersigned Notary Public, on this day personally appeared
IO.~{~-_.V ¥~.~Ed~,~ known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
MY HAND AND SEAL OF OFFICE THIS ~L_~- DAY OF
ER, A.D., 20(~) .
STATE OF TEXAS HE
Printed Name..~'l~ ~o. ~¢ ~,'~S
My Commission Expires:. ~,-~.~-0~)-
STATE OF TEXAS §
COUNTY OF ~ r-~=~z~c~ 4. §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~bJ,, I~1~ , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Z-O~4-DAY OF
~o~ e,~,,~" , A.D., 20 O0
Printed Name: ~$~- ~ . ~"~r~ .¢
My Commission Expires:
November 1, 2000
City of Pearland
Attention: Michael Ross
3519 Liberty Drive
Pearland, Texas 77581
Re. Engineering Inspection Contract (Fite/Harkey Trunk Sewer)
Dear Mr. Ross:
This letter is the agreement between BOB HOLT (BH), and the CITY
OF PEARLAND (COP), and is a contract for the delivery of
construction inspection services covering the contract
construction of the above-referenced projects. Construction
efforts are estimated to begin on Fite/Harkey (FH)on or about
December 1, 2000 and are estimated to be completed by July 1,
2001. The estimated duration of this contract is expected to
cover the time necessary to complete this project.
The CITY represents that it has the funds to construct the
referenced project.
Under this Agreement, BH will perform construction inspection
services that will include:
1. Provide on-site inspection and observation of construction
activity of the above project. Includes making informal
written, personal, and telephone reports to the City Engineer
and design engineer as appropriate.
2. Maintain Project Diaries for the Project, and submit to the
City Engineer and design engineer monthly for review and
file.
3. Coordination of geotechnical services under contract to COP,
including schedule and scope of all field and laboratory
services. Make recommendations for retention by COP of
specific geotechnical firms as needed.
4. Receive, comment ~nd report upon all submittals, requests for
clarification, requests for change orders, partial pay
estimates and requests for approval inspections as needed.
5. Act as COP on-site representative in contract administration
BHll00 (Cont.) Sheet 2 of 3
on the referenced project and assume responsibility for
maintaining effective communication between contractor, COP,
COP Plant Operating Department, geotechnical services, design
engineer, surveyor, utility companies, and other entities
public and private having interest in the successful com-
pletion and acceptance of the referenced project.
In the performance of the terms of this Contract, BH will provide
and maintain an automobile, beeper, mobile phone, and various
small tools such as measuring tapes, rulers, scales, straight
edges and writing aids. COP will provide pads of Inspection
Daily Diary forms and occasional city personnel for non-
repetitive aid, such as transit operator and chainman. It is the
intention of this agreement that BH will not be required to be on
the job when rained out, on contractors' holidays, or other
events that do not include actual construction work; PROVIDING
that BH does not fail to meet the other terms of this Agreement.
BH will be required to attend Project meetings, and to be on the
project when the contractor is working setting pipe and manholes,
or is covering up or testing. This may include "after-hours" as
well as Saturdays and some government holidays. The construction
contract is written prohibiting work on Sundays.
As compensation for these required services, the COP will pay BH
monthly for services and scheduled expenses. Payment for
services shall be 2.0 percent (0.02) of the total monthly
estimates of payment due from the COP to the construction
contractors of the referenced projects. That is, for example, if
the monthly pay estimate totals $500,000, payment for services to
BH will be $10,000 plus agreed expenses for that month.
In addition to payment for services, the COP will pay $10.00 per
day of actual use of BH personal automobile on all projects BH
holds contracts with the COP., providing the day paid is backed
up by an Inspection Daily Diary sheet. In addition, the COP will
pay $0.25 per mile actually driven in the personal automobile.
Fuel, oil, tires, maintenance and emergency service is the
responsibility of BH. Vacation, holiday, and sick time is the
responsibility of BH.
The COP will pay billed phone services upon submittal of tele-
phone invoices. Other qualified expenses may include emergency
or other expenses beyond the control of BH that benefit the
project and are required and approved by the City Engineer.
BH shall be totally self-insured and is not an employee of the
BHll00 (Cont.) Sheet 3 of 3
COP. BH shall submit monthly invoices for services and expenses
to the COP. BH will be provided with a statement of compensation
paid for tax and FICA purposes soon after the first of the tax
year. A copy.of this will be sent to the Internal Revenue
Service by COP.
It is anticipated that from time to'time, circumstances may
prevent BH from being on-site during construction activity. At
such times, BH will in advance provide for the project work to be
covered by agreement with the City Engineer. In addition, in the
event of emergency condition, BH may notify the City Engineer on
a call-in basis for relief. Actual values of all relieved
service will be subject to negotiation with the City Engineer,
and will be based on net costs to maintain level of service.
Termination of this contract may be effected by either party
unilaterally upon the submission of 30 days notice to the other.
Uncompensated eligible expenses will be paid up to the date of
termination, and unpaid compensation for current services, at 2.0
percent (0.02) of contract pay estimates for the current month of
notice, will be paid prorated to the day of termination.
This letter constitutes the scope and terms of agreement between
BH and the COP.
Submitted:
Bobby Ho~t ' ' Date