R-2013-009-2013-01-28RESOLUTION NO. R2013-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES
ASSOCIATED WITH THE OLD ALVIN ROAD WATER LINE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and construction
inspection services associated with the Old Alvin Road Water Line Project 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 construction management and construction
inspection services associated with the Old Alvin Road Water Line Project.
PASSED, APPROVED and ADOPTED this the 28th day of January, A.D., 2013.
ATTEST:
JNG :" FING, T
Y S -i.,' ETARY
APPROVED AS TO FORM:
a, G -L____
DARRIN M. COKER
CITY ATTORNEY
.:::===l'inl I
TOM REID
MAYOR
Resolution No. R2013-9
Exhibit "A"
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
Old Alvin Road 20 -Inch Water Line
from
John Lizer Road to McHard Road
Design 1 of 10 D5. Revised 01/12
BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre -Construction (on specific projects, as requested by the
City/Owner)
1.1. Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record's project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities.
1.2. Attend Pre -Bid Meeting; provide feedback to City's Project Manager
as necessary, such as: tracking and recording questions for the
Engineer's written response, clarifying the Owner's expectations for
the project and the project execution.
1.3. Chair Pre -Construction Meeting
1.3.1. Schedule and conduct the pre -construction meeting;
record and disseminate minutes from pre -construction
meeting.
1.3.2. Utilize the City's Pro -Trak system: set
communications protocol and contract administration
procedures, establish progress meeting schedule and
submittal schedule.
1.3.3. Provide agenda for meeting: Key milestone dates,
pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities,
contractor's use of City's Pro -Trak system, etc.
Design 2 of 10 D5. Revised 01/12
2. Construction Administration and Management Services
2.1. Act as the City's on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2. Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and distribute
via Pro -Trak to: City Project Manager, Design Engineer and
contractor throughout the duration of the project.
2.2.1. Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, status of submittals and
responses shop drawings unforeseen issues and
changes to the work.
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and as -built drawings.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
2.2.5. Obtain copy of ROW permit and prints from Public
Works in order to monitor progress of utility relocation
per permit/plan.
2.3. Manage Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing Pro -Trak as is feasible.
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
Design 3 of 10 D5. Revised 01/12
2.3.3. Review and update as -built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor's schedule
monthly, ensure compliance with City's intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly progress information associated with the
project will be submitted to the Project Manager for
review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.4. Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor's operations with regard to other
City contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications.
2.4.1. Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2. Verify construction conformance with permitted
activities such as: City of Pearland permits, U.S. Army
Corps of Engineers permits, TxDOT roadway permits,
and any Railroad agreements.
2.5. Maintain records of all decisions, actions and activities with regard
to construction operations via the City's Pro -Trak system(i.e.
Change Orders, RFIs and responses, Submittals and responses,
Request for Proposals, correspondence, SWPPP inspections.)
Design 4 of 10 D5. Revised 01/12
3. Construction Inspection Services
3.1. Provide full-time on-site technical observation of Contractor's
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract Documents
including Addenda, and Change Orders. Verify and ensure that
Contractor maintains good construction practices and professional
standards prevailing in the local City, County, and State of Texas.
Utilize City's Pro -Trak system for all inspection reports.
3.1.1. Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non -Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2. Identify record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
Design 5 of 10 D5. Revised 01/12
3.3. Prepare and maintain daily progress log or daily construction
reports, photographs, records and track quantities installed that day
utilizing the City's Pro -Trak system.
3.4. Ensure contractor reviews and approves daily reports and
quantities.
3.5. Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
3.6. Attend and participate in progress meetings.
3.7. Create contacts for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store in
City's Pro -Trak system.
3.8. Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
3.9. Maintain Resolution Log and respond to citizen complaints in Pro -
Trak system.
3.10. Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections or
start of important phases of project.
4. Pay Applications
4.1. Pay applications will be generated by the City's Pro -Trak system
based on quantities approved in the daily reports.. Review and
verify quantities provided by contractor for all work in compliance
with contract documents.
4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
Design 6 of 10 D5. Revised 01/12
bid item quantities via Pro -Trak; meet monthly to
review pay estimate and quantities with contractor
4.1.2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts via Pro -Trak.
4.1.4. Notify City Project Manager when all electronic
signatures are completed in the Pro -Trak system for
invoice processing.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily Reports
in Pro -Trak.
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over -runs as part of pay
estimate review.
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities utilizing Pro -Trak. Identify and add additional quantities
and make any approved changes to the Contract Time.
4.2.1. Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
Design 7 of 10 D5. Revised 01/12
5. Document Control
5.1. Utilize the City's Pro -Trak system to: receive, route, track and log
all Contractor communications, Submittals, Change Orders, RFIs,
Pay Applications and Citizen Complaint/Resolution Log;
communicate with Contractor the status of submittal reviews;
review submittal and RFI log in Pro -Trak to ensure timely
responses; notify City Project Manager, Contractor and Design
Engineer of time critical issues.
5.1.1. Respond to RFIs when such response does not
require the Engineer's opinion or expertise or
direction from City.
5.1.2. Assemble and maintain notes, comments, sketches
and supportive data relative to the Project to facilitate
the revision of drawings to conform to the final as -built
conditions. Review Contractor's record keeping
periodically to ensure completeness, timeliness and
progress.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner via Pro -
Trak. Review RFP and contractor proposal for additional work with
City Project Manager and Design Engineer for approval. Ensure
the status of RFP and Responses from Contractor, City and Design
Engineer are logged and tracked in the Pro -Trak system.
6.2. Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor's response/proposal for merit, cost,
time, accuracy and price practicality. Negotiate with Contractor on
City's behalf if required.
6.3. Prepare Change Order and documentation including signatures of
Contractor, Engineer and Construction Manager for delivery to City.
Design 8 of 10 D5. Revised 01/12
7. Testing Laboratory and Results
7.1. Coordinate testing laboratory activities with Contractor's activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports in Pro -Trak. Review results with
Contractor. Monitor any corrective action and re -testing for
compliance. Maintain compliance with City's specifications
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to daily activities.
8. Project Completion and Close out
8.1.A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor's notification of substantial completion.
Include City Project Manager, Design Engineer and others as
directed. Prepare a list of non -conforming work based on visual
inspections via Pro -Trak. Record and monitor contractor's
corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
B. Coordinate and obtain Design Engineer's signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate via Pro -Trak.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor — forward to Engineer for review.
Ensure Contractor's closeout documents are uploaded to Pro -Trak.
Review for completeness and accuracy, including; affidavits of final
payment, final pay estimates, as built records, redlines and
drawings. Once received, notify the Design Engineer and City
Project Manager when completed.
Design 9 of 10 D5. Revised 01/12
8.2.1. Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
8.2.2. Provide indexed project files,redline plans and asbuilt
or record drawings to City via Pro -Trak.
8.3. Conduct Project Close -Out Meeting.
8.4. Prepare and recommend final payment application. (Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.)
8.5. Consult with City on any potential Warranty items requiring repair or
replacement.
9. Warranty Period
9.1. Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
9.2. Provide staff to conduct and participate in the warranty inspections.
9.3. Prepare list of non conforming work for presentation to the City
Project Manager, Design Engineer and Contractor via Pro -Trak.
9.4. Oversee repairs for non conforming work with Contractor.
9.5. Submit final report on completed warranty repairs via Pro -Trak.
Design 10 of 10 D5. Revised 01/12
Manhour Estimate
Project Title: Old Alvin Road 20 -Inch Water Line
COP Project No.:
Construction Management & Inspection Services
1/7/2013
Project Duration
days = 180 +
30 days closeout
7 Months
Hours/Month
TOTALS
Labor Cost
Pre Const.
Month 1
Month 2
List of classifications and rates
Month 4
Month 5
Month 6
Month 7
Constructability Review -COP
COP Total CM Costs
Senior Construction
Manager
Construction
Manager
Field
Construction
Observer (ST
Time)
Field
Construction
Observer OT
Contract
Administrator
Senior Construction Manager
2
Project Duration
days = 180 +
30 days closeout
7 Months
Hours/Month
COP Total CM Labor Costs
TOTALS
Labor Cost
Pre Const.
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Constructability Review -COP
COP Total CM Costs
$ 132,881.30
Senior Construction Manager
2
$ 340.00
2
Construction Manager
4
$ 600.00
4
Construction Phase -COP
Senior Construction Manager
28
$ 4,760.00
6
6
4
4
4
4
-
Construction Manager
210
$ 31,500.00
40
40
40
30
30
30
-
Field Representative (ST Time)
960
$ 74,534.40
160
160
160
160
160
160
-
Field Representative (OT)
68
$ 7,918.60
8
16
16
16
8
4
Contract Administrator
0$
-
0
0
0
0
0
0
-
Punch Out/ Closeout -COP
Construction Manager
20
$ 3,000.00
20
Field Representative (ST Time)
20
$ 1,552.80
-
20
Contract Administrator
0
$ -
-
One -Year Walk & Punch List COP
Construction Manager
10
$ 1,500.00
Contract Administrator
0
$ -
Total CM&I Labor Costs
$ 125,705.80
Total Equip/Misc Cost (See Below)
$ 7,175.50
Total CM&I Costs
$ 132,881.30
Construction Bid Estimate
$ 2,300,000.00
CM Services % of Contract
5.78%
Equipment and Misc Cost Items
Units/Month[
Month 1
Month 2
Month 3 Month 4
Month 5
Month 6
Month 7
Reimbursable
0$
-
0
0
0 0
0
0
0
Mileage t( $0.565/mile
12700
$ 7,176
2000
2000
2000 2000
2000
2000
500
Total Equipment and Misc. Cost Items
$ 7,175.50
COP Total CM Labor Costs
$ 125,705.80
Total Equip/Misc Cost
$ 7,175.50
COP Total CM Costs
$ 132,881.30
ATTACHMENT "B"
SCHEDULE OF HOURLY RATES
Classification
Rate
Project Manager $134.00
Construction Manager $190.00
Field Construction Observer $105.00
Department Head (VP, Dept. Manager, Sr. PM) $193.60
Engineer (Grad. Eng., EIT, APM, Proj. Coord.) $110.00
Sr. Planner $132.00
Planner $110.00
Sr. Landscape Architect $132.00
Landscape Architect $110.00
Designer $ 94.60
GIS Developer $132.00
GIS Analyst $ 77.00
Survey Technician $ 88.00
Project Surveyor $107.80
CADD Operator (CADD Technician) $ 81.40
Clerical (Construction Admin. Assistant) $ 80.00
CADD System
Intergraph CADD system will be billed at a rate of $25.00/hour plus operator time.
Principals
Principals will be billed at a rate of $175.00/hour.
Senior Consultants
Senior consultants will be billed at a rate of $200.00/hour.
Expert Witness
Expert witness duties will be billed at a rate of $350.00/hour.
Surveying Services
Field party rate includes personnel/supervision, normal equipment and supplies. Client
requested overtime shall be 1.5 times standard rate.
Survey Field Crew $135.00/Hour
GPS $ 50.00/Hour
Robotic Total Station $ 25.00/Hour
All Terrain Vehicle $ 50.00/Day
Mileage Charges
Mileage shall be charged at the current IRS rate at time cost is incurred.
Miscellaneous
Delivery and cell phone expenses related to this project will be billed at cost. Any additional
expenses not specifically covered in this Rate Sheet shall be billed at cost plus 10%.
O:\PROPOSAL\2012\City of Pearland\Hourly Rate Attachment B Highest.doc
Revised 1/5/09
WA Engineering, Inc.
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
January 7, 2013
Ms. Cara Davis, PMP
Project Manager
Project Department
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineering.com
Re: Proposal for Construction Management Services for the City of Pearland
Old Alvin Road 20 -Inch Water Line (Project 1607-0001)
LJA Proposal No. 12-0611
Dear Ms. Davis:
LJA
PROPOSAL
LJA Engineering, Inc. (LJA) is pleased to provide professional construction management
services for the City of Pearland for the Old Alvin Road 20 -Inch Water Line (Project 1607-0001).
Our scope of services will include the items listed in Exhibit A.
LJA proposes to perform these services on a time and materials basis in accordance with the
attached rate schedule. The project fee is not to exceed $132,881.30.
Should you have any questions, please contact me at 713.953.5120.
Sincerely,
Cu al, ' E
Construction Department Manager
CV/JEM/dl
O:\PROPOSAL\2012\City of Pearland\12-0611R Old Alvin Rd WL pro.doc
z ati-i-
7
m
es E. Moehlman, PE
Senior Vice President
Resolution No. R2013-9
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on January 28, 2013 by and between the City of Pearland
("CITY") and LJA Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and
Construction Inspection Services for a project known and described as Old Alvin Road 20"
Water Line (WA1101).
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 perform Construction Management and Construction
Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The
PROJECT schedule shall conform to the construction schedule.
B. 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.
C. 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.
D. 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.
Design 1 of 5 D3. Revised 2/09
(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.
E. 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
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.
F. 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.
Design 2 of 5 D3. Revised 2/09
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed 24 months after execution of this contract.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly not to exceed. Total
compensation for the services performed shall be the sum of $132,881.30.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
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.
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 2929 Briarpark Dr., Suite 600, Houston, Texas 77042.
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
Design 3 of 5 D3. Revised 2/09
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 CONTRACTOR
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
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
Design 4 of 5 D3. Revised 2/09
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.
The parties have executed this CONTRACT this day of January, 2013.
CIT 0 ' E • RLAND, TEXAS
Bill Eisen, City Manager
ES E. MOEHLMAN, PE
NIOR VICE PRESIDENT
LJA ENGINEERING, INC.
Design 5 of 5 D3. Revised 2/09