HomeMy WebLinkAboutR2010-100 2010-07-26RESOLUTION NO. R2010-100
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 AA@ 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 26th day ofJuly, A.D., 2010.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010-1 d0
CITY �F PEARLAND
STANDARD i4C�RIEEMENT
�OI� EfVCa�NEE�IRICa SER!/ICE�
This C�nfra�t (Contracf} is made between the City of Pearland, Texas
(hereinafter "Ci�y"), a�d John W. Hargro�e, P.E. (herei�after "�ngineer") �s fol�ows:
1. Summarv o� Contrac� Terms. The following information and referenced doc�aments
shali be a parE of thi� Contract:
De�cription of Senrices: On-call and specified engineering consuEting �enrice�
En i�teer �ee Basis of Compensation
John W. Ha� P.E. $2,10Q monthly +�um� Sum plus
ex ense� ex enses a� co�t
Addi�ional Services $60 per hour Houri
Es�imat�d Annual Amoun� $25,200 + expenses
Attachments: Sco�e of Services — Exhfbit A
Basis of Compensa�ior�— Exhibit B
2. �enrice� and Payment.
The standard o� care for alE profe�sional sen�ices provided by Engineer under #his
Agreement wil� be the �kiil and carre used �y mern�ers of tF�e engineering profession
practicing under simi{ar circumstances a# the same time and �n the same fcaca�ity.
Engineer shali perform services within the Star�d�rd of Care a�F the Er�gineering
profession as fallor�vs:
A. Engine�r wil! �urnish �ervices fo the City ir� accordance wifih the t�rm� �nd
conditions s�ecifiec� ir� tl�is Cor��ract_ Paymer�t for the service� of Engineer sl�a�l be d�ae
and payable upon �ubmi�sion and appro�al of a st�t�m�nt for services to �i�y.
Stat�men�s fior services si�all not �e submitted more �requentfy thart monthly.
After consuita�ian with the City, fhe Engir�eer shal[ specify the basis of
compensation in fihe scop� of work for the project. The Engine�r shal[ pro�ide adequa#e
detail of the basis of compensation so that fhe City can determine the reasonabieness
of the fee� and have the ability #a make reasonable progress payment� to fhe Engineer
based upon work comple�ed a� the payment infi�rvals.
If City fails to make any paymenfi due Engineer for services and expenses within
thirty (30} days after receip� and appro�al of Engineer's st�#ement for services there�ore,
the amounts due Engineer wilE be incre�sec� af the rate of ane �ercenf (1%) per m�nth�
frnrn said thirtieth (30 day, and, in addition, Engineer may, after gi�ing se�en (7) days'
written no#ice to City, suspend services urtder this Contract un#il En�ineer has been paid
in full, all amounts due for services, exper��es, and charge�.
B. All the Engin�er's working drawin�s, plan�, and �pecifications, if required under
t�is Contract, shall be sufficiently �ccurafe, detailed, and complete so fihat competitiVe
�ids for the work can be obtained and �he impro�ements construc#ed.
C. Appro�al of the Er�gir�eer's work by th� City s�aEl not r��ease #he Engin�er, it�
employees, agent�, or cor��ultants, from the responsibility and liaE�ility for the accuracy
and compefiency of fheir designs, working d�°awings, and specifica�ions, ar at#��r
dvcuments and se�vices.
D_ Subject to Article S herein or as otherwise agreed, th� EngEneer shall promptly
correct e�rors in fihe Engineer's work, incfuding errors disco�ered after final payment,
without recei�ing additional compensation.
3. Term and Termination. This Cantrac� term wiil begin upon the �ffective dat� ofi
�r�gir��er's r�tir�m�nt from fihe City for a term of 92 mont��, ��wever, thi� Gonfrac� may
b� renewed annually for a� additional 12 months by mutual agr�emertt of City and
Er�gineer. The C�ty c�r Engineer may terminate �I�is Contract, with 3D days notice, at any
fiime during i�s term by giving wri�ten notice t� fihe other par[y. The City �hall pay the
Engineer for al[ sen�ices rendered t� the date of termination.
4. Modifica#ions. City withou# in�afidating the Confrac#, may order changes within t�e
general scope of the work requir�d by the Gontract by altering, adding to andlor
deducfiing from the work fo be p�rformed. If any change under this �la�se cau�e� an
increase or decrease in �ngineer's cost of, or the time required for, �he performance of
any part of th� �ervices und�r the Contract, an equitable adjustment wi[I be made by
mutu�l agreemenf and the C�ntract modified in writing accordingly.
5, Subcontracts, lf, #or any rea�on, at a�y tim� d�ring the progress of pr�uiding
��nric.e�, City d�termin�� that any subcontractor for Engineer is incompetent or
undesirable, City will notify �r�gineer accordingfy �nd Engir�eer shall take immediate
correctir�e action, which may include cancel�ation of such subcontracf. Sublet�ing by
�ubcontractors shall be s�bject to the same regulation�. Nofihing contained in the
Contract shall create any eontractual re[atian betuve�n ar�y su�contractor ar�d City.
6. Qwnership o� Documents. All drawi�gs, rep�rt data, and other projecfi inforrr�ation
d�veloped in the execution of the services provided under this Contract shall be the
property of the City �pon paymenfi of Engineer's fees for services. Engineer may �etain
copies for record purposes. Dwn�r agr�e� such docurr���ts are no# infended or
r�preser�ted to be suitable for reuse by C��y or ot�ers. Any re�se by City or by those
who ob�ained �aid documen�s from City without written �erification or adaptat�on by
Engirteer will be at City's sole risk and witi�out lia�ility or legal exposure to Er�gineer, or
to Engineer's independent assaciates or consultants, antf City sha[I indemnify and hold
harmless Engineer ancf Engineer's independer�t associates ane� consulfan�s from afl
cfaims, damages, fosses, and expenses including attorneys' fees arising out of or
resulti�g fh�refr�m. Any such ��rification or adaptation will enti�le Er�gineer to fur�her
reasanable comp�nsa�ion. Engineer may reus� al! drawings, repork data, and other
project informat[an in the execu�ion af the �enri�es provided under thi� Contract ir�
Engineer's other actiVities. Any reu�� by Engin��r will be at Engineer'� sol� risk and
withou� liability or legal exposure ta City, and Engineer shall indemnify and hold
harmless City from al[ cla�m�, damages, �o��e�, and expen�e� including attorney�' fees
arising ouf of or resulting therefrom.
7. In�urance.
A. The Engineer shall procure a�d maintain for the duration of �his Agreement,
insurance against cl�ims fior injuries fio persor�s, darr��ges to prop�rty, or any errors and
omissions relating to the �erformance of any work �y fhe Engineer, its agents,
employees or subcontrac#ors under this Agreement, as folfows:
('I) Work�rs' Compen�ation as req�aired by law.
(2} Profes�ional Liability Insurance in an amDUnt not less than
�1,000,000 ir� the aggr�ga�e,
(3) C�r�preh�ra�iv� Ger��ral Li�bility �nd Property Darnage [nsur�n��
v��th rnir�irn�m lim��,s of �7,000,000 for injury or death of �ny one
per�or�, �°I,QQO,OOO #or e�ch occu�r�nce, and �'[,000,000 for e�ch
occurre�ce o# d�m�ge to or des#ruc�ion of property.
(4) �atnpreh�n�ive A�atomobile �nd Truc� Liability Insurance coVerir�g
o�ned, �ireci, and non-owr�ed r►ehi�les, rnrith rr9inim�art� I�r�nifis o#
��I,OOO,000 for ir�jury o� d�a#h of any one per�o►a, �9,AOO,O00 f�� �ach
occu�rence, and $1,000,000 f�r property damage.
B. The Engineer �hall include the City as an additEOnal insured ur�der the poficies,
with the �xception of t}�e Professional Liability Insurance and W�rk�rs' Compen�at�on.
Cert�ficate� of tnsurance and endorsements shal! �e furr�ished ta �he City befor� work
commences. Each insurance p�licy shall �e endorsed to state fihat co�erage shali nofi
be suspended, voided, ca�celed, reduced in co�erage or in limifis except after thirty (30)
days prior written notice by certified maii, return receipt requestec�, has been gi�en to
th� City. Upon request, certified copies of all insurance policies shall be furnished to fhe
City.
8. Indemnitv- Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, lo��, damage, �uit, and liability of e�ery kind for
whic� Engineer is legally liable, including all expenses of li�iga�ion, co�rf casts, and
attorney's fees, for injury fio or death of any person, �or damage to any proper�y, or
errors �n design, any of which are caused by the negligent act ar omission of the
Engineer, his ofFicers, employees, agents, or subcontractor� under this Contract.
9. As��qnment. Engineer s�al� not a�sign th�s Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governe� by the law of the State
of Texas and no lawsuit sha(I be prosecuted on fhis Contract except in a court of
competent jurisdiction located in �razaria County, Texas.
11. En�ire Can�ract. Th�s Contract represenf� the entire Contract �etween the City ar�d
the Engineer ar�tf supersedes all prior negotiation�, representafion�, or contracts, either
wri�ten or or��. This Contract may be amended or�[y by written instr�menfi signed by
bofih parties. Purchase order� issued und�r thi� Agreement shall contain a s�atemen�
nullifying additional terms and cor�ditior�s on the re�erse side of the purchase arder and
referencing this Agreement.
��. Conf�icts in Contract Documents_ The abo�e provisions shall go�ern over any
conflicting pro�i�ion conta�ned in any re#erencec4 contract document spec�fied aboVe.
13. Dispute Reso[utian _ Procedures. Th� Engineer and City desire an expeditious
means to r�soiue any dis�utes fihat may arise bei�veer� fihem rega�dir�g this Contract. To
accomplish this, the parkies agr�e fio mediatiar� as follows: If a dispute ari�es out of or
r�lates fio this Contract, or the breach thereof, and if th� di�pute canno� be setti�d
fihrough negofia�ion, then the parties agree first to try in good faith, and befare bringing
any legal action, to settle �he dispute by mediation of a third party who will be seiected
by agreement of the parties.
EX�CUTED and EFFECTIV� a� of fhe � day o� ) v�, , 20�b -
CITY 4F PEARLAND
,
Bill Eisen ,
City Manager
John
By:�
Print�
Title:
Hargrove, P.E., Engineer
STAT� OF TEXAS §
§
COUNTY OF §
c� o �A �a.�c,�o V �
BEFORE ME, th� und�rsigned N��ary Public, on thi� day per�onalEy appeared B�N�Eis�`n,
lcnown #o me to be �he pers�r� whose nam� is �ubscribed to the foregoir�g instrument �r�d
acknowledged ta me that he/she executed the �arrie for the purposes and consideration therein
�xpressed.
GI EN UND�R MY HAND
�f , A. D. , 24�_,
„,,,���,..
` ,o��!;rpbe�., ��.1ZH�i�TH AYALA
==r' '�°= NnrzryFur�i�c,StsteofTexas
_,� :*,�c P.�y Cumrr��ssion Expires
��'�rF6Piti; •'` MC1fCh � 8, 2013
„����,,, _
STATE OF TEXAS
COUNTY OF ��Cl��''� �
AND SEAL OF OFFICE THI� � DAY
.
A Y PUBLlC IN AN OR THE
STATE OF TEXAS
Printed Narne: `�'= Z�,�a�► � � L4
My Commission Expire�: 11'��i� (X 2Ol �
§
§
§ Q:1) �t:sr�
BE�ORE ME, fihe undersigned No�ary Public, on this clay personally appear�d �#ef�rr�
��erre, known �o rne to be the person whose name is subscribed to th� foregoing instrument
and acknowledged to me that helshe ex�cuted the same far #he purpa�es and cor��ideration
th�rein expre�s�d.
�. C�IVEN UNDER MY HAND AND SEAL OF OFFICE THIS ����'� DAY OF
L,l �•.f , A.D., 20�.
�+�pYP4l�4 KATkkERlNE E, BIii1CK
=,�`.°•'' "• � EJOteTI+ PUbIiC� 5tate v# Texas
� �/ly Commisslon Expir
•�� � ��� I
i�
',,,'+� ��:.' peC6lTlb@C OQ
C 1 � �
N�TARY PU�LIC IN A FOR THE
STATE OF TEXAS
Printed Narne: '�l Gt-� f�'� ��'.. ����"��� C_[�
My Commissian Expire�:_ � z. C� l� . 1 I
EXH��IT A
SGOPE OF �ERVICE�
Engir�eer shali repott d�recfly ta the Gity Engineer an� shalf receive such a�signmen#s
'from the City Engineer as helshe deems advi�abie and in the best intere�t� of the City.
En��neer shall commit the t�me and effort r�ecessary �o prudently satisfy the duties
assigned in this Contract. Ti�e sen►ices to k�e performed under �his Contra�t �re:
Quality Con�rol ReV�ew: Engineer �hall p�ouide quafify control review of
a��igned construct�on relatecf documents and pl�t�. Engineer shal! assimi[ate
and confirm the re�iew comments made by ofher reviewers for interim and fina[
construc#ion documents. Upor� tY�e receipt of final satisfactory documents,
Engineer �ha[I note an the document that it is "Recommended far Ap}�ro�aP' by
�he approprEat� City emp[oyee. The car�struction plans and specifications to be
re�iewed by Engi�eer shall normally include City capital improvem�nt program
projects, public works depa�tment formal bid projects, and private subdi�ision
infras�ructure project�, but may inc9ude other types of pralects upon mu�ual
consent. Engineer shall confer wi�h appropriate Cify employee� or t�ird party
design engineers as necessary to properly per�orm thi� function. Cify sF�all
inform Engineer of the priority and prefer�ec� due date� f�r each submittal.
2. Pr�j��t �r��ineer: Engineer shall �erve as the Gity's designat�d I�ad consultant
on mutualiy agreed upon proj�cts, which may be added, def�ted, or am�nded
from time �o time, !n perFarmEr�g #his function, Engineer shall frequent[y cor�fer
and update the assigr��d City empioyee ofi i�sues pertinent to tha# 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:
9. JHEC (aka SWEC) detentian facility City Engineer
2. Stream Gage Calibration Consultation City Engi�eer
3. Update COP Masfer Drainage P�an (Cont.) City Engineer
4. . Engineering Design Criteria Manual City �ngineer
3. Consulting ��gine�re Respond ta alf teEephone, fax, email, and maif requests
for professior�al apinions related to Cify apera#ions, projects, or historicaE
recollection. Authorized City employees to initiate �uch requests are: City
Manager, Deputy City Manager, City Engineer, P�ablic Works Director, anc�
Projects Manager. Upon the writ�en approval of the City Engineer, other
aufhorized employee� may be adde� or deleted from t�me to �ime.
4. �ther Du�i��; Other Duties may be added from time to time upon mutual
consent of the Engineer and City Engineer.
�x�i��� �
��srs oF com��nrs�►�r�oN
e Engineer �hall �ubmit to fhe City Engineer by the '� O of each month a
de#ailed billing and progress repar� for fil�e pre�ious month's activities.
• Comper�satian to Engineer shall be a minimum of $2,'I 00 per month, which
shall be compensatEOn fior up to 26 hours of work pertormed.
• Engineer may bill time incurred to satis�jr the duties of thES Contrac� in excess
of 26 hours per month to City afi the rate of $60 per ho�r. �ngineer shall
nofiify the Ci�y Engineer prior to �xceeding 2� bilfable haur� ir� any month.
• Engineer shall also be entifiled fio reimbur�ement for reasonable expens��
incurred such as mileag�, �ravel, reproduction, and long distance charges.
flllileage shall be bifl�d at �he then-currenf IRS rate a�d �xp�ns�� sh�ll be
billed at-cos# w�th no ma�k u�.
• Engineer sh�ll isolate and summ�riz� in each monthly billing the number of
hours charged on Update of M�ster Drainage Pian. These hours, as i� the
case with any hour�, will be charged additiona[ly at $601hr. �n[y to tl�e
difference t�a# total monthly bilEing hours �xceeds base hours (26/month).