R2004-091 06-14-04 RESOLUTION NO. R2004-91
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 14th day of ~]une ,
A.D., 2004.
ATTEST:
UY S~RETARY~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
R2002-182
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and John 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
Engineer Fee I Basis of Compensation
John Hargrove, P.E. $2,600 monthly + Lump Sum plus
expenses expenses at cost
Additional Services $60 per hour ,Hourly
Estimated Annual Amount $31,200 + expenses !
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 E~gineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for 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 s.ufficiently 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 tl~e accuracy
and competency of their designs; workin'g 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 b,y 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.
o
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 Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be 15rosecuted 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 /0fl'day of 20 0%
CITY OF PEARLAND
Bill Eisen
City Manager
STATE OF TEXAS §
COUNTY OF ~,'~ ~./, ~- §
John Ha(grove, P.E., Engineer
Printe~.._~ap~: Jol~r~ Hargrove, P.E.
Title: r._t,~L~ ~-'-.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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /~tt~ DAY
Of '~'~-~.~-.../¢~,/-- , A.D., 20
STATE OF TEXAS
STATE OF TEXAS
Printed Name: '~/'/~--'
My Commission Expires:
BEFORE ME, the undersigned Notary Public, on this day personally appeared John
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.
MY HAND AND
, A.D., 20(~'Z- .
SEAL OF OFFICE THIS ~Z--u"''' DAY OF
N~/~ ~~ N ~(~~!(~ ~(~'~
STATE OF TEXAS
Printed Name: ~'b~bY'~ ~(qJ, r~ ~
My Commission Expires: q~-I~
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:
1. Quality Control Review: Engineer shall provide the final 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 and plat submittals. 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 contact 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 initial assigned projects
and points of contact are:
1. SWEC detention facility City Engineer
2. SWEC & DLS Erosion Control/Wetlands Plantings City Engineer
3. SWEC WWTP Second Outlet Public Works Director
4. Rain and Stream Gage Study City Engineer
5. LIDAR Clear Creek Mapping City Manager
6. Pine Hollow Drainage Study 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 $2,600 per month, which
shall be compensation for up to 40 hours of work performed.
Engineer may bill time incurred to satisfy the duties of this Contract in excess
of 40 hours per month to City at the rate of $60 per hour. Engineer shall
notify the City Engineer prior to exceeding 40 billable hours in any month.
Engineer s~all 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.
Ie2e7cyv _ yt
- ADDITIONAL INSURED C 0 P Y
POLICY#: 91 GA 549-222-3001T
CITY OF PEARLAND
3519 LIBERTY DR
PEARLAND TX 77581
Policy For:
JOHN HARGROVE
DBA JOHN W HARGROVE PE
2707 LIVINGSTON DR
PEARLAND TX 77584
MAR 29 2004 ig
CITY OF PEARLANO
CITY SECRETARY'S OFFICE
CAS. 4370
POLICY NUMBER: 91GA 549-222-3001T COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
-
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: CITY OF PEARLAND
3519 LIBERTY DR
PEARLAND TX 77581
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to"bodily injury'or"property damage"occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed; or
(2) The portion of"your work"out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations
for a principal as a part of the same project.
CG 20 10 10 01 Copyright, ISO Properties Inc., 2000 ❑