R2001-0130 10-08-01 RESOLUTION NO. R2001-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONSTRUCTION INSPECTION SERVICES CONTRACT
WITH BOB HOLT FOR INSPECTION SERVICES ASSOCIATED WITH THE
SHADOW CREEK RANCH WATER 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 inspection services associated
with the Shadow Creek Ranch Water Plant.
PASSED, APPROVEDandADOPTEDthisthe 8 dayof October ,
A.D., 2001.~------~ ~')'~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter "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 for Shadow Water Plant
Maximum Contract Amount: $37,815.54
Contract Begins: Upon Start of Construction
Contract Ends: Upon Completion of Construction
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. Assiqnment. 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 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.
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 A.qreement. 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:
2
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 8 day of October ,2001.
ATTEST: CITY OF PEARLAND
~y ~eore~a~ ~ G~ly ~anager
APPROVED AS TO FORM:
rrin M. C0ker
City Attorney
Nolo HoPr , Consultant
By:
Printed Na~e:
Title: /
STATE OF TEXAS §
COUNTY OF L~f//I"Z,O/'I'A..- §
~o~BEI..~01~ 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.
Of.~,GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I i DAY OF
~ ..~?...'~(.;;;;, Gene Simeon
ND
FOR
THE
] i,~,~ N0~s~. ,~[c. S~ale o~ Texas ~ STATE OF TE~S
My Commission Expires:
STATE OF TEXAS §
COUNTY OF--~r-~ ~ o ,"~.~ §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~ ,'/t ~','.5~-~-,- , 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., 20 ~t.
NOTARY PUBLIC IN AND FOR THE
F~~';~ STATE OF TE ~S
~¢/ My Commission Expires: ~ Printed Name: ~r/~ ~. ~ ~
~_~ APRIL 2, 2006 i
~~/~~ My Commission Expires~,' / ~. ~ o~
September 21, 2001
Mr. John Hargrove, City Engineer
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re. Engineering Inspection Proposal
(Project 2b Shadow Creek Water 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 projects. Construction efforts are estimated to
begin on Shadow Creek Water Plant on or about, November 1, 2001 and
are estimated to be completed by Summer 2002. 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 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 Holt Date
Exhibit "A"
R200'1-'130
September 21, 2001
Mr. John Hargrove, City Engineer
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re. Engineering Inspection Proposal
(Project 2b Shadow Creek Water 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 projects. Construction efforts are estimated to
begin on Shadow Creek Water Plant on or about, November 1, 2001 and
are estimated to be completed by Summer 2002. 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. 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 dces 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 ccntract is written
prohibiting work on Sundays.
As compensation for these required services, ~he 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 ~ith 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
BobbYd2~01t Date