R2010-100 - 2010-07-26RESOLUTI�N NO. R2�10-900
A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF PEARLAND,
TEXAS, A►UTHORIZING THE RENEWAL OF AN ENGINEERING
C4NTRACT WITH JOHN HARGROVE FOR ENGINEER[NG SERVICES.
BE IT RESOLVED BY THE CiTY COUNC[L OF THE CfTY OF PEARLAND, TEXAS:
Section 1. That c�rtain cor�tract by and betwe�n the Ci#y of Pearlanc� and John
Hargrove a copy of which is attached hereto as Exhi�it AA@ ancf made a part hereof for all
purposes, is hereby aut�tor�zed and appro�ed.
Section 2. That the C�fy Manager or his designee is hereby authorized to execute
and the City Secretary ta attesf a contract with John Hargro�e, for engineering services.
PA�SED, APPROVED and ADOPTED this the 26 day July, A.D., 2010.
���
TOM REID
MAYOR
ATTEST:
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APPROVED AS T� FORM:
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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
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STATE OF TEXAS
COUNTY OF ��Cl��''� �
AND SEAL OF OFFICE THI� � DAY
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A Y PUBLlC IN AN OR THE
STATE OF TEXAS
Printed Narne: `�'= Z�,�a�► � � L4
My Commission Expire�: 11'��i� (X 2Ol �
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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�.
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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).