R-2016-191 2016-10-24RESOLUTION NO. R2016-191
A Resolution of the City Council of the City of Pearland, Texas, authorizing
a Construction Inspection contract with Jacobs Project Management Co.,
in the amount of $84,914.84, for the Industrial Drive at SH 35 Realignment &
Intersection Improvements Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction inspection services associated with
the Industrial Drive at SH 35 Realignment & Intersection Improvements Project, 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 for construction inspection services associated with
the Industrial Drive at SH 35 Realignment & Intersection Improvements Project.
PASSED, APPROVED and ADOPTED this the 24'h day of October. A.D., 2016.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
C
D iRI CORER
CITY ATTORNEY
Resolution No. R2016-191
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Jacobs Proiect Management Co. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and Inspection
Services for a project known and described as Industrial Drive at SH 35 Reali<innment and
Intersection Improvements ("PROJECT"). (Project # TR1502)
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under the
same or similar circumstances:
A. The CONSULTANT shall perform Construction Management and Construction
Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The
PROJECT schedule shall conform to the construction schedule.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for termination
of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving
payment for services not performed or for hours not worked, mishandling or
untruthful reporting of money transactions, destruction of assets, embezzlement,
accepting materials of value from vendors, or consultants, and/or collecting
reimbursement of expenses made for the benefit of the CITY. The CONSULTANT
agrees that it will not, directly or indirectly; encourage a CITY employee to engage
in such misconduct.
C. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product generated
by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon
request, shall become subject to the Open Records Laws of this State.
D. The CONSULTANT 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 CONSULTANT, its
agents, employees or subcontractors under this Agreement, as follows:
Design
(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,
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$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.
The CONSULTANT 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, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by the
City no fewer than thirty (30) days prior to the effective date of such Change in
Coverage. Prior to commencing services under this CONTRACT, CONSULTANT
shall furnish CITY with Certificates of Insurance, or formal endorsements as
required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence
that policies providing the required coverage, conditions, and limits required by this
CONTRACT are in full force and effect.
E. The CONSULTANT 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 CONSULTANT 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 CONSULTANT, his officers, employees, agents, or subcontractors
under this CONTRACT.
F. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed 6 months after execution of this contract.
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SECTION III - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
1. Basic Services (Hourly Not To Exceed) $76.922.84
2. Reimbursable Expenses (Not to Exceed) $7.992.00
3. Total: $84,914.84
C. The CITY shall make payments to the CONSULTANT within thirty (30) days after
receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly
basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance
or approval of CONSULTANT'S work shall not relieve CONSULTANT'S
responsibility for errors or omissions of the CONSULTANT or its sub-
consultant(s) or in any way affect the CONSULTANT's status as an independent
contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with
or without cause -- by delivering written notice to CONSULTANT personally or by
certified mail at PO Box 53495 Houston, TX 77072-3495. immediately after receiving
such written notice, the CONSULTANT shall discontinue providing the services under
this CONTRACT.
Design 3 of 6 D3. Revised 1/14
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all other
documents or work product generated by the CONSULTANT under the CONTRACT,
entirely or partially completed, together with all unused materials supplied by the CITY
on or before the 15th day following termination of the CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be proportionate
to the percentage of services completed by the CONSULTANT based upon the
scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria County,
Texas. The laws of the State of Texas shall govern the terms of this CONTRACT.
The prevailing party in the action shall be entitled to recover its actual damages
with interest, attorney's fees, costs and expenses incurred in connection with the
dispute and/or action. CONSULTANT and CITY desire an expeditious means to
resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by mediation of a third
party who will be selected by agreement of the parties.
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT 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.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT,
and that he has not paid or agreed to pay any company or person, other than a bona fide employee,
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any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon
or resulting from the award or making of the CONTRACT. For breach or violation of this clause,
the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from
the CONTRACT price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage brokerage fee, gift, or contingent fee that has been paid.
Design 5 of 6 D3. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
CIT" OF P iRLAND, TEXAS
0
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DATE
/o9h
DATE
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JACOBS
October 7, 2016
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attn: Jaime Dino
5995 Rogerdale Road
P.O Box 53495
Houston. Texas 77072-3495 USA
1.832.351.6000 Fax 1 832.351.7766
Subject: Industrial Dr. at SH 35 Realignment & Inspection Improvements, Project No.
0616-43, Proposal for Staff Extension for Construction Inspection Services -
Revised
Dear Mr. Dino,
This letter is to provide our proposal to provide Cary Johnston. or approved alternate. as staff
extension to provide Construction Inspection services for the above referenced project and
other duties as assigned and under the supervision of the City. We intend to provide 40 hours
per week site inspection (based on 6 months duration), in accordance with the City's standard
scope of services and as amended in the attached Exhibit A. The total cost of services shall be
$ 84,914.84 and is based on our budget effort sheet attached. If you need any additional
information please contact me at 832.351.7225.
JACOBS PROJECT MANAGEMENT CO.
Hugh D. Brightwell
Sr. Construction Manager
HB/hdb
Attachments
Cc: File
S. Clarke
K. Ellis
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Resolution No. R2016-191
EXHIBIT A
CONSTRUCTION INSPECTION
SCOPE OF SERVICES
FOR
Industrial Dr. at SH 35 Realignment & Intersection Improvements
0616-43
Construction Management 1 of 5 D5. Revised 1!16
BASIC SERVICES: Construction Manager(s) shall provide approved
construction inspection staff and render the following professional services to
the OWNER in connection with the construction of the Projects.
1. Construction Inspection Services
1.1. Provide a minimum of 40 hours Der week of on-site technical
observation of Contractor's activities to verify and ensure all work
materials, structures, equipment and workmanship comply with the
Contract Documents including Addenda, and Change Orders.
Verify and ensure that Contractor maintains good construction
practices and professional standards prevailing in the local City,
County, and State of Texas. Utilize City's Pro -Trak system for all
inspection reports.
1.1.1. Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
1.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
1.1.3. Issue Non -Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
1.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
Construction Management
2 of 5 D5. Revised 1/16
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
1.2. Identify record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
1.3. Prepare and maintain daily progress log or daily construction
reports, photographs and records for turnover at completion of
project. Provide a copy of daily progress log that includes quantities
installed that day to the City Project Manager on a weekly basis,
utilizing City's Pro -Trak system.
1.4. Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
1.5. Attend and participate in progress meetings.
1.6. Create contract for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store in
City's Pro -Trak system.
1.7. Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
1.8. Maintain Resolution Log and respond to citizen complaints in Pro -
Trak system.
1.9. Consult with City Project Manager and Design Engineer in advance
of scheduled major work operations, tests, inspections or start of
important phases of project.
Construction Management
3 of 5 D5. Revised 1116
2. Other Duties
2.1. Assigned staff will assist the PM in other duties as assigned or
requested that generally meet with the job description and abilities
of the provided staff.
2.2. Construction Manager may upon request provide other professional
staff or services associated with this scope upon approval.
3. Additional Items
3.1. Construction Manager or Inspector shall not at any time supervise,
direct, control, or have authority over any contractor work, nor shall
have authority over or be responsible for the means, methods,
techniques. sequences, or procedures of construction selected or
used by any contractor, or the safety precautions and programs
incident thereto, for security or safety at the site, nor for any failure
of a contractor to comply with laws and regulations applicable to
such contractor's furnishing and performing of its work.
3.2. Construction Manager or Inspector shall not be responsible for the
acts or omissions of any Contractor, other Subcontractor, or
Supplier, or of any of their agents or employees or of any other
persons (except Construction Manager's own agents, employees,
and Consultants) at the Site or otherwise furnishing or performing
any Work; or for any decision made regarding the Contract
Documents. or any application, interpretation, or clarification, of the
Contract Documents, other than those made by the Construction
Manager.
3.3. Force Majeure - Any delays in or failure of performance by
Consultant or City, other than the payment of money, shall not
constitute default hereunder if and to the extent such delays or
failures of performance are caused by occurrences beyond the
reasonable control of City or Consultant, as the case may be,
including but not limited to, acts of God or the public enemy;
Construction Management 4 of 5 D5. Revised 1/16
compliance with any order or request of any governmental
authority; fires, floods, explosion, accidents; riots, strikes or other
concerted acts of workmen, whether direct or indirect; or any
causes, whether or not of the same class or kind as those
specifically named above, which are not within the reasonable
control of City or Consultant respectively. In the event that any
event of force majeure as herein defined occurs, Consultant shall
be entitled to a reasonable extension of time for performance of its
Services.
Construction Management
5 45 D5. Revised 1/16