R99-104 12-13-99RESOLUTION NO. R99-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A CONTRACT WITH TRAFF DATA &
ASSOCIATES, INC. FOR PROFESSIONAL TRAFFIC ENGINEERING
SERVICES TO PROVIDE DESIGN, ANALYSIS, AND REVIEW OF
TRAFFIC INFRASTRUCTURE IMPROVEMENTS THROUGHOUT THE
CITY.
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
Traff Data & Associates, 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 the original of the attached contract for and
on behalf of the City of Pearland, for professional traffic engineering services to
provide design, analysis, and review of traffic infrastructure improvements throughout
the City.
PASSED, APPROVED and ADOPTED this the 13th day of
December , A.D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CITY OF PEARLAND STANDARD CONTRACT
FOR ENGINEERING SERVICES
This Contract ("Contract") is made between the CITY OF PEARLAND, TEXAS, a Texas
home rule municipal corporation of Brazoria, Fort Bend, and Harris Counties, Texas ("City"), and
Traff Data & Associates, Inc., acting by and through its Principal ("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:
Contract Begins:
Contract Ends:
Traff Data & Associates, Inc.
On-call Traffic Engineering Services
Upon execution
Upon completion
2. Services and Payment.
A. Engineer will furnish services to the City in accordance with the terms and conditions
specified in this Contract. The City shall pay Engineer for the Services in accordance with the terms
of this Contract.
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 and completed without defects.
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. 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. The City or Engineer may terminate this Contract at any
time during its term by giving fifteen (15) days' written notice to the other party. The City shall pay
the Engineer for all services rendered to the date of termination.
4. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damages to property relating to the performance of any work
under this Agreement by the Engineer, its agents, employees or subcontractors, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $250,000.00 in the
aggregate.
1
(3)
Comprehensive General Liability and Property Damage Insurance with minimum
limits of $250,000.00 for injury or death of any one person, $250,000.00 for each
occurrence, and $100,000.00 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) 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.
5. 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, 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, caused by the negligent act or omission of the Engineer, his officers,
employees, agents, or subcontractors under this Contract.
6. Assignment. Engineer shall not assign this Contract without the prior written consent
of the City.
7. 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 Fort Bend County, Texas.
8. 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.
9. 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.
10. Dispute resolution procedures. The parties 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 to settle the dispute by mediation under the Commercial Mediation Rules
of the American Arbitration Association. If a mediation has not been conducted and the
2
matter resolved within 30 days of a request by either party for mediation, the parties may
then resolve the dispute by binding arbitration as set forth below.
B. Arbitration. Upon the demand of either party, whether before or after the filing
of any suit, any controversy or claim whatsoever arising out of or related to this Contract, or
the breach thereof, 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.
C. Alternatives. The parties may agree in writing to use any other mediation or
arbitration procedures or rules in lieu of those specified in paragraphs A or B.
ATTEST:
Aefflon
g L/f.a! /
Sectary
y
ENGINEER
CITY OF PEARLAND
I. Samson Ti gu, P.E.
Prig .a, t1 ,FP Pflq •tt.
APPROVED:
AA... ,(.d k—
Darrin M. Coker
City Attorney
Glen R.` rwin
City Manager
3
DATE: 1.1`ts /q
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /5-14 DAY OF
, A.D., ?%t.
/ l49.19 L2 r
l
a !y"". MELISSA HARRIS
3„ •° e Notary Public, State of Texas
iit*i'
iei My Commission Expires
„,, July 19, 2003
THE STATE OF TEXAS
COUNTY OF Fe • end
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 7- /% a 3
Printed Name: ii7&/'ssa Hares
BEFORE ME, the undersigned Notary Public, on this day personally appeared
I. Samson Ukaegbu, P.E., known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that h/she executed the same for the purposes and consideration
therein expressed. 1
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
pec'emh ,A.D.,/9'99 .
CAROL M. JUDD
NOTARY PUBLIC
State of Texas
Comm. Exp. 08-28-03
4
NOTARY PUBLICO TATE OF TEXAS
Commission Expires: 00,— 2 0P— 03
Printed Name: GAQd( ,%(/4g
TDAITraff Data & Associates. Inc.
Fee Schedule*
Traffic Data Collection
Traffic Impact Analysis
Traffic Signal Systems Design
Neighborhood Traffic Studies
Intelligent Transportation System
Principal $50/hr
Technician $25/hr
Administrative Support $20/hr
Review of Plats,
Subdivision Review
Traffic control plan review(TCP)
$300
TIA review one office
meeting and revised review $500
City Council or Planning & Zoning
meeting (2hrs min @ hourly rate) open
School Zone Study and Circulation
Fees contingent upon submittal of proposal
Data Collection:
24-hour traffic count $150
Turning movement count(am & pm) $250
Signal Warrant Analysis $1800
Signal Design Fees contingent upon submittal of proposal
Muti-way Stop Analysis $1200
Major Investment Studies Review
Thoroughfare Studies Review $800
Corridor Studies Fees contingent upon submittal of proposal
* Note, these are fee samples
P.O.BOX 963 . Sugar Land, Texas 77478 . (281)565-3013 . Fax (281)565-3013
CERTIFICATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA & HARRIS §
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certifies
that the attached constitutes a true and correct copy of RESOLUTION NO. R99-104
duly passed and approved by the City Council on the 13th day December 1999.
Witness my hand and seal of the City of Pearland, Texas, this 16th day of
December, 1999, at Pearland, Texas.
(SEAL)
J
4 44 al
:
ung L.g
ty Se tart'
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us