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R2001-0121 09-10-01 RESOLUTION NO. R2001-12i 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 DUNHAM ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE REPLACEMENT OF THE McLEAN ROAD WATER TANK. 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 Dunham Engineering, 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 Dunham Engineering, for engineering services associated with the replacement of the McLean Road water tank. PASSED, APPROVEDandADOPTEDthisthe 10 dayof September , A.D., 2001. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" R2001-12~ CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Dunham Engineering (hereinafter "Enginee¢') as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Engineer: Dunham Engineering Description of Project: Design Construction Contract for Replacement of Water Tank at McLean Road Water Plant Maximum Contract Amount: $30,000.00 Contract Begins: October 1, 2001 Contract Ends: October 1, 2002 Attached Contract Document: Letter of Agreement 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Progress payments may be requested by Engineer based on the amount of services completed. Payment for the services of Engineer shall be due and payable upon submission of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this Contract will be added to Engineer's compensation. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 9 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. The Engineer shall prepare a schedule of work identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice-to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Work Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. 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 Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. 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 Engineer'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. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the executi°n of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all 2 claims, damages, losses, and expenses includi,ng attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engir~eer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Construction Representation. If required by the Contract, Engineer will furnish Construction Representation according to the defined scope for these services. Engineer will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, Engineer will endeavor to protect City against defects and deficiencies in the work of contractors; Engineer will report any observed deficiencies to City, however, it is understood that Engineer does not guarantee the contractor's performance, nor is Engineer responsible for the supervision of the contractor's operation and employees. Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or the safety precautions and programs incident to the work of the contractor. Engineer shall not be responsible for the acts or omissions of any person (except his own employees or agents) at the project site or otherwise performing any of the work of the project. 8. Insurance. A. The Engineer 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 Engineer, 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. (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. 3 B. The Engineer 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. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 10. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 11. 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. 12. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 13. Conflicts in Contract Documents. The above provisions, other than the provisions contained in any referenced contract document specified above, shall govern over any conflicting provision contained in any referenced contract document specified above. 14. Dispute Resolution Procedures. The Engineer 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. 4 EXECUTED and EFFECTIVE as of the 10 day of September ,20 0! ATTEST: CITY OF PEARLAND Cng ,¢)n~' /U /// Bill Eis~-r~ S ecr'6rtary City Manager APPROVED AS TO FORM: Darrin M. Coker City Attorney ATTEST: DUNHAM ENGINEERING Printed Name: Printe~/Name: ~ ~ ~,-,~ ~-,.~ '~ Title: V o~ ~. ~/(. v, '~ Title: 5 STATE OF TEXAS COUNTY OF '~'<.~o~-~',~, 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 0¢_.'/-o/,..,~ , A.D., 20 o ! RY PUBLIC IN AND FOR THE ,~ PERLA N. LEHMAN ~ STATE OF TEXAS ~1..-[.,,~.~ Notary Public, State of T~ ~ ~\~k,.~,.~,~J My Commleelon Explree: ,~ APRIL2,2005 ~ Printed Name: '""~.~./~- ¢f/~ My Commission Expires: STATE OF TEXAS COUNTY OF ~f-4% ~, BEFORE ME, the undersigned Notary Public, on this day personally appeared © ,~/~! I:). I..)~G~ , known to me to be the person whose name is subscribedCto 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 S~ DAY OF /g/o¥~ ~,~ , A.D., 20 OI ........... ,,,, NOTARY PUBLIC IN AND FOR THE ~.~..~.~'~, RACHEL O. HE$, KEW Il STATE OF TEXAS JJ¢~.~ Notary Public, State of Texas · ; f~ u ~.~ ,' My Commission Expires ~!.,, ,~ ........ ~u.a~2,2o04 Printed Name: I~c:c/-~( 13.1J~ss~e~J My Commission Expires:-~-i~ ,-~ I OO 6 DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunhamEngineering.com Letter of Agreement This is an Agreement made as of ,54- i6i0.W/Q/ between the City of Pearland, Texas hereinafter known as the OWNER and Jimmy D. Dunham, P E , of College Station, Texas hereinafter known as the ENGINEER. The OWNER intends for the ENGINEER to perform professional engineering services in the design and construction inspection of the WORK. The WORK is defined as the demolition of an existing bolted steel water tank and the erection of a new welded steel water storage tank at the McLean Water Plant in Pearland, Texas. The new tank will be erected to replace the existing tank detailed in the ENGINEER'S Report of Inspection dated October 13, 2000. The capacity of the new welded steel tank will be 300,000 gallons. The tank will be supported by a concrete ring foundation. Engineer's estimate of contractor's cost is $300,000. PHASE I - DESIGN The ENGINEER agrees to prepare the design, produce engineering plans and specifications, prepare the contract documents advertise for bids and recommend award of a lump sum construction contract to complete the WORK for the OWNER. WORK is not to begin before October 1, 2001. The ENGINEER agrees to provide a draft set of contract documents to the OWNER for review and approval no later than 30 days from the date of the Agreement. The ENGINEER agrees to finalize the documents and advertise the WORK for bid within 30 days after receipt of OWNER'S comments and approval. The ENGINEER agrees to assist the OWNER in opening and reviewing bids and recommending a contractor for award. PHASE II- CONSTRUCTION The ENGINEER agrees to periodically inspect the contractor during the construction period to insure contract compliance. 1 The ENGINEER agrees to process Contractor progress payments and recommend payment by the OWNER. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract. The ENGINEER agrees to conduct a final inspection of the WORK and to recommend final payment for the CONTRACTOR when the WORK is completed The ENGINEER agrees to schedule and conduct a one year warranty inspection of the WORK prior to the end of the warranty period and to coordinate completion of any required warranty repairs. In consideration of the above services, the OWNER agrees to compensate the ENGINEER in accordance with the following schedule: Phase I - Design Total fee of $25,000. Partial payments due as follows: 50% due when draft contract documents provided to OWNER. 50% due when contractor recommended for award. Phase II - Construction Total fee not to exceed $5,000. without prior approval. Fee billed on $65/hour portal to portal rate with minimum inspection trip fee of 5 hours. Fees billed on monthly basis for actual hours worked. ji E r my D Dunham, P. E GINEER OWNER 2