R2000-096 08-28-00RESOLUTION NO. R2000-96
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 LOCKWOOD, ANDREWS & NEWNAM,
INC. FOR ENGINEERING 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
Lockwood, Andrews & Newnam, Inc., 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 Lockwood, Andrews & Newnam, Inc. for
engineering services associated with the Far Northwest Wastewater Treatment Plant.
PASSED, APPROVED and ADOPTED this the 28th day of August
A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
TOM REID
MAYOR
R2000-96
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Lockwood, Andrews & Newnam, Inc. (hereinafter "Engineer") as
follows.
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer:
Description of Project:
Maximum Contract Amount:
Contract Begins:
Contract Ends
Attached Contract Document:
2. Services and Payment.
Lockwood, Andrews & Newnam Inc.
Far Northwest Wastewater Treatment Plant Design
$806 600.00
Upon execution
Upon completion
Proposal letter dated August 18, 2000 with
Attachments 1 (Project Fee Summary) 2
(Approximate Sheet Count and Manday Estimate)
and 3 (Project Schedule)
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 therefor 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.
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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.
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 execution 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. City 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
claims, damages, losses, and expenses including 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 Engineer 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.
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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
u nderstood 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. If City designates a person
to serve in the capacity of Resident Project Representative who is not Engineer's
e mployee or Engineer's agent, the duties, responsibilities, and limitations of authority of
such Resident Project Representative(s) will be set forth in writing and made a part of
this Contract before the construction phase of the project begins.
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,
e mployees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $250,000 in the
aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $250 000 for injury or death of any one person,
$250,000 for each occurrence, and $100,000 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 $50,000 for injury
or death of any one person, $100,000 for each occurrence, and $50,000
for property damage.
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)
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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
e mployees, 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
e rrors 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
n ullifying 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 Contractor 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 bunging 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
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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 as of the 29 day of August
ATTEST: CITY OF PEARLAND
ng Loft
Secr
PROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST:
Printed Name: _Lorna Winoske
Title: Administrative Assistant
2000
ic 0 /441-)fid; 3
Glen R. Er in
City Manager
Lockwood, Andrews & Newnam, Inc.,
Engineer
By:
Printed Narr(e:_E. Tyson Thomas
Title:_ Operations Manager
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STATE OF TEXAS
COUNTY OF g reDr"
BEFORE ME, the undersigned Notary Public, on this day personally
(e,. K . EY-u,` , known to me to be the person whose
subscribed to the foregoing instrument and acknowledged to me that he/she
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS SLPk
SPeler. otr , A.D., 2000
USA D. JONES
NOTARY PUBLIC • STATE OF TEXAS
MY COMMISSION EXPIRES
SEPTEMBER 21, 2003
STATE OF TEXAS
COUNTY OF HARRIS
§
appeared
name is
executed
DAY OF
N OTARY PUBLIC IN AND FOR THE
S TATE OF TEXAS
P rinted Name: L; S(1, b. To`%
My Commission Expires: 9 I ) D3
BEFORE ME, the undersigned Notary Public, on this day personally appeared
E. Tyson Thomas 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
August , A.D., 20 00
SYLVIA SOSA
Notary Public, State of Texas
My Commission Expires 03/10/2003
18th DAY OF
N OTARY UBLIC IN AND FOR
P rinted Name.
My Commission Expires: - l/
/::.�"o.
THE HE
STATE OF TEXAS
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