R2001-0166 11-12-01 RESOLUTION NO. R2001-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO AN INSPECTION CONTRACT WITH
BOB HOLT FOR CONSTRUCTION INSPECTION SERVICES
ASSOCIATED WITH THE FAR NORTHWEST WASTEWATER
TREATMENT PLANT.
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 Far Northwest Wastewater Treatment Plant.
PASSED, APPROVED and ADOPTED this the 12 day of
November , A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DA'R'R'IN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'1-166
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Bob Holt (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: Construction Inspection Services Associated with Construction
of the Far Northwest Wastewater Treatment Plant
Maximum Contract Amount: $157,877.35
Contract Begins: Upon Execution
Contract Ends: Upon Termination
Attachments: Proposal
2. 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.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. 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.
5. Assi.qnment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. 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.
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) 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.
(3) 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.
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. 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.
9. 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.
10. 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.
2
EXECUTED and EFFECTIVE this the 12th day of ~November., 2001.
ATTEST:/"7 CITY OF PEARLAND
/,~'~ungzl~l~./'"/ / ~]11 Eisen
ityS~a~ ~ City Manager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
BOB HOLT, CONSULTANT
3
STATE OF TEXAS §
COUNTY Of L~£~-.Qf'~'¢...- §
3 BEFORE ME, the undersigned Notary Public, on this day personally appeared
I~ ~¢~ , 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.
i~j GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS IO'~~''i1 DAY OF
~¢~ , A.D., 2001.~ ~N --
~ .<5~';;~'.. Gene Simeon ~ AND FOR THE
]/'~'¢" NO m~ P bl,C S a e 01 Texas ~ STATE OF TE~S ,
My Commission Expires: ~¢W.~¢[ ¢¢~
STATE OF TEXAS §
COUNTY OF-~/-' z¢ ¢'/~- §
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 /~ DAY OF
~ , A.D., 2001.
TARY PUBLIC IN AND FOR THE
~ ,.~ ,~ ~.~, ,~ STATE OF TE~S
~ PERLA N, L~HMAN ~
~:~ ~? C??:,~o~re" ~ Printed Name: ~r/~ ~ Z~
My Commission Expires: ¢- ¢- ¢ ¢ 0~
4
November 7, 2001
Mr. John Hargrove, City Engineer
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re. Engineering Inspection Proposal
(Far Northwest Wastewater Treatment Plant)
Dear Mr. Hargrove:
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 project. Construction efforts are estimated to
begin on Far Northwest Wastewater Treatment Plant on or about,
January 1, 2002 and are estimated to be completed by Spring 2003.
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 and 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
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. CO? will provide pads of Inspection Daily Diary
forms and occasional city personnel for non-repetJ~tive 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 1.75 percent (0.0175) 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 $8,750
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 telephone
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 COP.
Sheet 3 of 3
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 1.75
percent (0.0175) 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 ~61~ /' Date