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R2009-116 - 2009-07-13RESOLUTION NO. R2009-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. 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 John Hargrove 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 John Hargrove, for engineering services. PASSED, APPROVED and ADOPTED this the 13th day of July, A.D., 2009. ~um/ TOM REID MAYOR ATTEST: p~r Y NG _`~..; ~- ' . J`-; I Y S ETAR APPROVED AS TO FORM: ~J~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2009-116 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and John W. Hargrove, P.E. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Services: On-call and specified engineering consulting services En ineer Fee Basis of Com ensation John W. Hargrove, P.E. $2,300 monthly + expenses Lump Sum plus ex enses at cost Additional Services $60 er hour Hourl Estimated Annual Amount $40,000 + ex enses Attachments: Scope of Services -Exhibit A Basis of Compensation- Exhibit B 2. Services and Payment. The standard of care for all professional services provided by Engineer under this Agreement will be the skill and care used by members of the engineering profession practicing under similar circumstances at the same time and in the same locality. 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. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statemer~t.#a-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 8 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 upon the effective date of Engineer's retirement from the City for a term of 12 months, however, this Contract may be renewed annually for an additional 12 months by mutual agreement of City and Engineer. The City or Engineer may terminate this Contract, with 30 days notice, at any time during its term by giving written notice to the other party. 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 corrective action, which may include 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. 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 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. 7. 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. 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. 8. 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. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. 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. 11. 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. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. 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. EXECUTED and EFFECTIVE as of the 13th day of July , 2009 CITY OF PEA LAND Bill Eisen City Manager 7/13/09 John W. Hargrove, P.E., Engineer By: Printed ame: John W. argrove, P.E. Title: 1Q,~~ i~<<;~,, ~P~.-. STATE OF TEXAS § COUNTY OF Brazori a § BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, 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. 7~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS W ~' DAY Of~ , A.D., 20 ~g 5~ PAY Pv~•.nr o ~~••. z n ~ y ~9TF OF '1~+~ • •.FXPIRES•'O °~~ ~ i i~ 6 ' 2 8 - 2 0 "~ ~ ~~~ ~~~~~ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: ~YJ ni ~. ~~0.t ~ My Commission Expires: laa8-1C) STATE OF TEXAS ~"m,,nmin,na~~N t § COUNTY OF~(,~~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared John W. Hargrove, 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 HAN AND SEAL OF OFFICE THI ~a~ DAY A. D. , 20~. I~'OjT"ARY PUBLIC IN]~CND FOR THE '" STATE OF TE S ,,o.~,. ~.~,,, KATRICE RENEA STEWART -+• °" Notary Public, State of Texas a~~~.~ My Commission Expires Printed Name: "'-.;CFO<<E;.~ Marcn 23, tot t My Commission Expires: l EXHIBIT A SCOPE OF SERVICES Engineer shall report directly to the City Engineer and shall receive such assignments from the City Engineer as he/she deems advisable and in the best interests of the City. Engineer shall commit the time and effort necessary to prudently satisfy the duties assigned in this Contract. The services to be performed under this Contract are: Quality Control Review: Engineer shall provide quality control review of assigned construction related documents and plats. Engineer shall assimilate and confirm the review comments made by other reviewers for interim and final construction documents. Upon the receipt of final satisfactory documents, Engineer shall note on the document that it is "Recommended for Approval" by the appropriate City employee. The construction plans and specifications to be reviewed by Engineer shall normally include City capital improvement program projects, public works department formal bid projects, and private subdivision infrastructure projects, but may include other types of projects upon mutual consent. Engineer shall confer with appropriate City employees or third party design engineers as necessary to properly perform this function. City shall inform Engineer of the priority and preferred due dates for each submittal. 2. Project Engineer: Engineer shall serve as the City's designated lead consultant on mutually agreed upon projects, which may be added, deleted, or amended from time to time. In performing this function, Engineer shall frequently confer and update the assigned City employee of issues pertinent to that project such as schedule and budget impacts. City shall designate a City employee as the assigned point of contact for each assigned project. The assigned projects and points of contact are: 1. JHEC (aka SWEC) detention facility City Engineer 2. Stream Gage Calibration Consultation City Engineer 3. Update COP Master Drainage Plan (Cont.) City Engineer 4. Engineering Design Criteria Manual City Engineer 3. Consulting Engineer: Respond to all telephone, fax, email, and mail requests for professional opinions related to City operations, projects, or historical recollection. Authorized City employees to initiate such requests are: City Manager, Deputy City Manager, City Engineer, Public Works Director, and Projects Manager. Upon the written approval of the City Engineer, other authorized employees may be added or deleted from time to time. 4. Other Duties: Other Duties may be added from time to time upon mutual consent of the Engineer and City Engineer. EXHIBIT B BASIS OF COMPENSATION • Engineer shall submit to the City Engineer by the 10th of each month a detailed billing and progress report for the previous month's activities. • Compensation to Engineer shall be a minimum of $2,300 per month, which shall be compensation for up to 30 hours of work performed. • Engineer may bill time incurred to satisfy the duties of this Contract in excess of 30 hours per month to City at the rate of $60 per hour. Engineer shall notify the City Engineer prior to exceeding 30 billable hours in any month. • Engineer shall also be entitled to reimbursement for reasonable expenses incurred such as mileage, travel, reproduction, and long distance charges. Mileage shall be billed at the then-current IRS rate and expenses shall be billed at-cost with no mark up. • Engineer shall isolate and summarize in each monthly billing the number of hours charged on Update of Master Drainage Plan. These hours, as is the case with any hours, will be charged additionally at $60/hr. only to the difference that total monthly billing hours exceeds base hours (30/month).