R2002-0182 11-25-02 RESOLUTION NO. R2002-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH JOHN HARGROVE, P. E. 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, P. E., 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.
PASSED, APPROVED and ADOPTED this the 25thday of ttovember
2002.
TOM REID
MAYOR
ATTEST:
0yNGJ~~-
SECRETARY ~/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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 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 th
(30) 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 /Ofl~day of
CITY OF PEARLAND
Bill Eisen
City Manager
STATE OF TEXAS §
COUNTY OF ~ ,o ~4... §
John Ha(grove, P.E., Engineer
By: ¥,
Printe~__~a[n~: Jol~r~ Har§rove, P.E.
Title: r,,_t ,',~ ~-'-_~ [ i~ ~
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
Of '~g-,~/~,,-~ , A.D., 20 O,2,.
STATE OF TEXAS
COUNTY OF
.,,/,¢2 'L~ DAY
NOTARY PUBLIC IN AND FOR THE
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 HA~D~AND
, A.D., 20U .
AUBREY HARBIN
NOTARY PUBLIc,
~/~STATE OF TEXAS
SEAL OF OFFICE THIS IZ--u~ DAY OF
N O~7 A R y~u ~ N D~F(~ ~(~-~~
STATE OF TEXAS
Printed Name: ~r.~ ,[J~O,~ ~
My Commission Expires: ~[t~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 the final quality control rewew
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 ca, pital
improvement program projects, public works department formal bid projects, and
private subdivision infrastructure projects, but may include other types of projects
upo.n 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.
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 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.
BCH
R i s k P r
iNTERNATIONAL
Founding Partner
January24,2003
John W Hargrove, PE
2707 Livingston Drive
Pearland, TX 77584
Reft Professional Liability Policy # 254039756
Dear Mr. Hargrove:
We are pleased to enclose your insurance policy. The extent of the insurance protection provided is at all
times governed by the complete terms of each policy. Please review your policy in order to become
familiar with the coverage afforded.
Since some policies will be audited upon expiration, it is important to know that they are subject to
further premium adjustments. Therefore, you should have a system to provide the actual payroll, receipts,
sales and cost of sub-contracted work (whichever is applicable) by classification as specified on the
policies, subsequent to their expiration.
Our agency would also be pleased to assist you with your group and individual life and health plans, as
well as personal insurance. In addition, we have experienced risk service consultants to help you develop
an effective program to manage your risks.
Thank you for placing your insurance protection thrOugh our agency. Should you wish to avail yourself
of other services, or if you have any questions about the information contained in this letter, please call.
Sincerely,
Sandy Paulus, CISR
Account Manager
Enclosures
FEB I 4
C!TY SECRETARY'S OFFICE
/dmw
Insurance & Risk Management
2190 North Loop West · Suite 200 · Houston, Texas 77018 · P.O. Box 922019 · Houston, Texas 77292-2019
Tel: (713) 688-1500 · Fax: (713) 688-7967 · www.bch-insurance.com
INA
ARCHITECTS/ENGINEERS
SMALL FIRM PROGRAM
All the Commitments You ~lak~
POLICY
DECLARATIONS
~GENCY BRANCH PREFIX POLICY NUMBER
056124 969 SFA 25-403-97-56
INSUR3~NCE 'IS PROVIDED BY
CONTINENTAL CASUALTY COMPANY,
CNA PLAZA, CHICAGO, IL 60685,
A STOCK INSURANCE COMPANY,
HEREIN CALLED WE, US, OR OUR.
NOTICE
THIS IS A CLAIMS-MADE POLICY. PLEASE READ THIS POLICY CAREFULLY AND
DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER.
NAMED INSURED:
JOHN W. HARGROVE, P.E.
2. ADDRESS:
2707 Livingston Drive
Pearland, Texas 77584
3. POLICY TERM: From: 01/03/2003 To: 01/03/2006 AT 12:01 a.m.
Standard time at your address shown above.
4. KNOWLEDGE DATE: N/A
5. DEDUCTIBLE:
a. $ 1,000 Purchased Deductible
b. $ N/A Deductible Credit
c. $ 1,000 is Deductible per claim (including claim expenses)
d. $ N/A is Aggregate Deductible per policy year
(including claim expenses)
6. LIMIT OF LIABILITY:
a. $ 1,000,000 Per claim limit of liability (including claim expenses)
b. $ 1,000,000 Aggregate limit of liability per policy year
(including claim expenses)
INCEPTION DATE: 01/03/03 is the date of the first policy issued to
you and continuously renewed by us.
Au't :ized Represen' Ye
G-136512-A -1 -
(ED. 07/99)
,W
Page 1 of 2
Non-Assessable
PERSONAL UMBRELLA POLICY DECLARATIONS
NATIONWIDE PROPERTY AND CASUALTY COMPANY
HOME OFFICE · COLUMBUS, OHIO
Policy Number:
78 42 PU 024691
JOHN W HARGROVE
2707
LIVINGSTON DRIVE
PEARLAND, TX 77584
CITY OF PEARLAND
CI~ SECRETARY'S 01:I~IC[
Customer Number:
00000000000
Policy Period From: FEB 18, 2003 to FEB 18, 2004 The policy period begins at 12:01 A.M.
standard time, at the address of the named insured as stated herein, and the policy is renewed for
succeeding periods of one year provided the required premium is paid on or before expiration of the
current term. We will provide the insurance described in this policy in return for the premium and
compliance with all applicable policy provisions.
COVERAGES EXCESS PERSONAL LIABILITY *See Policy Definition 11
LIMIT OF LIABILITY $1,000,000 EACH OCCURRENCE $1,000 DEDUCTIBLE
Schedule of Required Underlying Insurances. Named Insured agrees to maintain the following Required
Underlying Insurance Coverages and minimum limits during this policy's term:
CURRENT EXPOSURES WITH UNDERLYING INSURANCE COVERAGE IN FORCE
REQUIRED UNDERLYING
INSURANCE COVERAGES
AUTOMOBILE MOTORCYCLE
AND OTHER VEH CLES
LICENSED FOR ROAD USE
LIABILITY
REQUIRED UNDERLYING
INSURANCE LIMITS
BODILY INJURY
$300,000 / $300,000
PROPERTY DAMAGE
$100,000
OR
SINGLE LIMIT
$325,000
COMPANY NAME AND
POLICY NUMBER
7842A 431183
PERSONAL LIABILITY
FOR BODILY INJURY
AND PROPERTY DAMAGE
$300,000 7842HO103327
PERSONAL INJURY $300,000
LIABILITY
7842HO103327
OFFICE PREMISES $300,000
LIABILITY
7842HO103327
ENCLOSED IS A CURRENT COPY OF YOUR POLICY DECLARATIONS
OPTIONAL COVERAGES TOTAL PACKAGE
BASE POLICY PREMIUM
PREMIUM PROFESSIONAL LIABILITY
$98.20 $98.20 _
Cas. 3174-1A
TEXAS PERSONAL AUTO POLICY
DECLARATIONS
Page 1 of 2
Your policy provides the coverages and limits shown on the Schedule of coverages. They apply to each
insured vehicle as indicated. The vehicle(s) described in this policy is principally garaged at the mailing
address shown below unless otherwise stated. These declarations supersede any such form issued earlier.
Policy Number: Policyholder:
78 42 A 431183 (Named Insured)
JOHN W HARGROVE
2707 L I V I NGSTON
Issued: PEARLAND, TX
FEB 26, 2003 77584-1115
Policy Period From:
FEB 18, 2003 to AUG 18,
herein.
2003 12:01 a.m. standard time at the address of the named insured as stated
IMPORTANT MESSAGES:
COMPLAINT NOTICE SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUMS OR
ABOUT A CLAIM THAT YOU HAVE FILED, WRITE TO THE COMPANY THAT
ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO
WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 149091,
AUSTIN, TEXAS 78714 - 9091 FAX #(512) 475 - 1771. (THIS NOTICE OF
COMPLAINT IS FOR INFORMATI6N ONLY AND DOES NOT BECOME A PART OR
CONDITION OF THIS POLICY.)
WE AGREE TO MAKE AVAILABLE TO YOU AN INSTALLMENT PAYMENT PLAN AS
DESCRIBED IN RULE 14 OF THE TEXAS AUTOMOBILE RULES AND RATING MANU~L~_
EXCEPT WHEN AN INSTALLMENT PAYMENT PLAN IS PROHIBITED BY OTHER RULE OH
BY STATUTE.
INSURED VEHICLE(S) & SCHEDULE OF COVERAGES
1988 FORD PICKUP
Coverages
ID #1FTF_.X15N5JKA20665
Limits Of Liability
CLASS 8 RATING SYMBOL
10
A LIABILITY
BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
BIMEDICAL PAYMENTS
C UNINSURED AND UNDERINSURED
MOTORISTS -BODILY INJURY
-PROPERTY DAMAGE
$ 300,009 EACH PERSON
$ 300,009 EACH ACCIDENT
$ 100,009 EACH ACCIDENT
$ 10,009 EACH PERSON
$ 25,009 EACH PERSON
$ 50,009 EACH ACCIDENT
$ 15,009 EACH ACCIDENT
LESS $ 25O
ENDORSEMENT
40 EACH DISABLEMENT
TOWING AND LABOR $
AUTOMOBILE THEFT PREVENTION AUTHORITY FEE
VEHICLE ENDORSEMENTS 512A
ADDITIONAL INTEREST EMPLOYER
CITY OF PEARLAND
524A'
TOTAL
Six Month
Premium
$
$
$
$
$
$
$
$
268.00
229.00
36.00
31.00-
29.00
1.00
.50
594.50
V-1501-A
CHARLES MAYFIELD
STE A1
307 S FRIENDSWOOD DR
FRIENDSWOOD, TX 77546
AUTO CUSTOMER NOTICE
Policy Number i Date Prepared
78 42 A 431183 FEB 26, 2003
C I TY OF PEARLAND
3519' L I BERTY
PEARLAND, TX
77581 -5416
Note:
The enclosed endorsement lists you as Third Party Interest.
At Nationwide, customer service is a top priority. We consider it a privilege to serve you.
NATIONWIDE INSURANCE COMPANIES
Home Office: Columbus, Ohio 43216
~~1 0 2003
CiTY OF PEARLAND
CiTY SECRETARY'S OFFICE
V-0550
512A. (02 93)
DESIGNATION OF COVERED PERSON OR ORGANIZATION
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective Policy Number
FEB 18, 2003 78 42 A 431183
Countersigned by
C. MAYFIELD LRA (Authorized Representative)
Named Insured
JOHN W HARGROVE
The provisions and exclusions that apply to Liability Coverage also apply to this endorsement.
Covered person or Organization:
CITY OF PEARLAND
3519 LIBERTY
PEARLAND, TX
77581-5416
is a "covered person," but only with respect to legal responsibility for acts or omissions of a person
for whom Liability Coverage is afforded under this policy.
The designated covered person or organization is not required to pay for any premiums stated in or
earned from the policy. Any return premium and applicable dividend shall be paid to you.
You are authorized to act for the designated covered person or organization in all matters pertaining
to this insurance.
We will mail the designated covered person or organization notice of any cancellation of this policy. If
the cancellation is by us, we will give ten days notice to the designated covered person or organization.
The designated covered person or organization will retain any right of recovery as a claimant under
this policy.
512A. (02 93) Page 1 of 1
ADDITIONAL INSURED COPY
POLICY#: 91GA 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
ECE11W 1E17
R\
An 4 2041
CITY OF PEARIAND
CITY SECRETARY'S OFFICE
CAS. 4370
.Jot-a_f r.-1 1 4, ,
POLICY NUMBER:91GA 549-222-3001T COMMERCIAL GENERAL LIABILITY
CG20101093
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
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.)
WHO IS AN INSURED (Section II) 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.
CG 20 10 10 93 Copyright,Insurance Services Office,Inc., 1992 ❑