R2017-112 2017-05-22 RESOLUTION NO. R2017-112
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into Master Services Agreement, Task
No. 1, with Arcadis U. S., Inc., in an amount of$115,380.00, for construction
management services associated with the Tom Reid Library.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 2. That certain Task Order No. 1, 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 Task Order No. 1.
PASSED, APPROVED and ADOPTED this the 22nd day of MT.y,,A.D., 2017.
TOM REID
MAYOR
ATTEST:
Y SE( ' ETARY
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APPROVED AS TO FORM: '1'��"""0���```,
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2017-112
Exhibit "A"
MASTER SERVICE AGREEMENT
This Master Service Agreement (MSA) (Agreement) is made this a—day of 2017 by
and between the City of Pearland having offices at 3519 Liberty Drive PearIan Texas 77581,
hereinafter referred to as the "CLIENT" and Arcadis U.S., Inc., a company forme under the laws
of the State of Delaware and having offices at 10205 Westheimer Road, Houston, Texas 77042,
hereinafter referred to as "CONSULTANT."
WHEREAS, the CLIENT desires to contract with the CONSULTANT from time to time to provide
Construction Management Services; and
WHEREAS, the CONSULTANT is willing to provide such services on a nonexclusive basis; and
WHEREAS this Agreement does not obligate CLIENT to order work from CONSULTANT, nor does
it obligate CONSULTANT to accept orders for work, but it shall control and govern all work accepted
by CONSULTANT under written Task Orders and shall define the rights, obligations, and liabilities
of CLIENT and CONSULTANT during the term hereof with respect to the matters covered herein;
and
NOW THEREFORE, in consideration of the faithful performance of the terms and conditions set
forth herein, the parties hereto agree as follows:
ARTICLE 1 -TASK ORDERS
1.1 Tasks to be performed in conjunction with this agreement are as outlined in Attachment C, Project
Management Scope of Services.
1.2 CLIENT may,from time to time,request CONSULTANT to perform services(Work)hereunder by issuing
CONSULTANT a written Task Order,which shall set forth a Scope of Work including:
a) The location of the Work Site;
b) The Work required to be performed, including any drawings, plans and/or specifications applicable
to such Work;
c) The time limits within which such Work must be completed to CLIENT'S satisfaction;
d) The CLIENT'S office to which CONSULTANT is to render its invoice; and
e) Any other requirements applicable to such Work not inconsistent with the other terms and conditions
of this Agreement.
Written Task Orders shall be substantially in the form of Attachment"A,"attached hereto.
1.3 The CONSULTANT shall review the Task Order,prepare a cost estimate to complete the Scope of Work,
agree to an estimated schedule for performance,and return the Task Order for CLIENT'S authorization.
1.4 CLIENT may also issue oral Task Orders to which CONSULTANT will respond with a written proposal.
1.5 Upon receipt of CLIENT'S written acceptance,the CONSULTANT shall commence the Work as detailed
on the Task Order. Facsimiles of Task Orders will be accepted in emergency situations to expedite the
commencement of Work.
1.6 In the event of conflict between the requirement of a Task Order and this Agreement,the Agreement will,
in all cases,take precedence, unless a variance is specifically noted and agreed to by both parties.
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ARTICLE 2. COMPENSATION
2.1 CONSULTANT will bill for its services as defined on the specific task order. Acceptable contracting
methods include lump sum, cost plus, time and materials based on the Rate Schedule included as
Attachment "B" or other mutually agreeable method. Use of CONSULTANT-owned equipment will be
billed in accordance with CONSULTANT'S standard fee schedule. The CONSULTANT'S pricing,unless
otherwise stated,shall not include any present or future federal,state,or local property,license,privilege,
sales, use, excise, gross receipts or other like taxes or assessments, which may be applicable to,
measured by, imposed upon, or resulting from the performance of the Work. If used, Revised Rate
Schedules will be submitted to the Client annually to reflect changes in compensation for the categories
listed. The revised Rate Schedule will then become Attachment"B"of this Agreement.
2.2 CONSULTANT will submit monthly invoices for Services rendered. Payment terms are net thirty
(30)days from date of invoice. If CLIENT objects to all or any portion of an invoice, it will notify
CONSULTANT of the same within fifteen (15)days from the date of receipt of the invoice and will pay
that portion of the invoice not in dispute within thirty(30)days from the date of the invoice,and the parties
shall immediately make every effort to settle the disputed portion of the invoice.
2.3 If CLIENT fails to make any payment due CONSULTANT within thirty(30)days after receipt of an invoice,
other than those amounts being disputed by CLIENT as provided in Section 2.2 above,then the amount
due CONSULTANT will increase at the rate of 1.5 percent per month after the 30th day. In addition,
CONSULTANT may,after giving seven(7)calendar days'written notice to CLIENT,suspend its Services
and any deliverables until CONSULTANT has been paid in full for all amounts outstanding more than
thirty (30) days. In the event that payment in full is not received, CONSULTANT reserves the right to
have collection handled by CONSULTANT'S attorneys and any and all costs of collection, including
reasonable attorney's fees, shall be paid by CLIENT.
ARTICLE 3. CLIENT'S RESPONSIBILITIES
3.1 CLIENT will furnish to CONSULTANT all existing studies, reports, data and other information available
to CLIENT necessary for performance of the work and authorize CONSULTANT to obtain additional data
as required. CONSULTANT will be entitled to use and rely upon all such information and services.
3.2 Where necessary to the performance of the work, CLIENT shall arrange for CONSULTANT access to
any site or property.
3.3 In the event of scheduled, prearranged or mandated events, meetings, access to sites, delivery of
documentation or other obligations,the responsibility of which the CLIENT has agreed to and upon which
the CONSULTANT relied, and which events, meetings, entrees to sites, delivery of documentation or
other obligations could not or did not take place, or were required to be rescheduled because of the
failure of the CLIENT in the discharge of the CLIENT'S obligations, all costs associated with that
rescheduling shall be borne by the CLIENT.
3.4 If the work involves excavations or drilling, it is the responsibility of the CLIENT to provide the
CONSULTANT with assistance in locating underground structures or utilities in the vicinity of any
exploration or investigations; provided, however,that in no event shall CLIENT be liable for any damage
caused by CONSULTANT's failure to properly locate such underground structures or utilities.
3.5 CLIENT recognizes that,when it is known, assumed or suspected that hazardous materials exist on or
beneath the surface of the site of the Work or within any structure thereon, certain sampling materials,
such as drill cuttings and drill fluids or asbestos removed for sampling,should be handled as if hazardous
or contaminated. Accordingly, unless otherwise expressly provided in a Task Order, when sampling is
included in the scope of services and when determined by CONSULTANT in its sole and exclusive
judgment to be necessary based on CONSULTANT'S assessment of the degree of contamination,
hazard, and risk, CONSULTANT will promptly inform CLIENT that containerization and labeling will be
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performed;will appropriately contain and label such materials; and will remove,transport and dispose of
such material in accordance with all applicable laws.
ARTICLE 4. PERFORMANCE OF SERVICE AND EXTENSION OF AGREEMENT
4.1 CONSULTANT shall perform the services at times and at locations as CLIENT may request.
CONSULTANT shall use its best efforts in the performance of services hereunder and represents
that such services will be performed in a professional, timely, efficient and competent manner.
CONSULTANT shall comply with all laws, rules, regulations and requirements of CLIENT and any
applicable governmental authorities in connection with the performance of the services. In addition,
CONSULTANT shall,at its own expense,obtain and maintain during the Term all necessary licenses,
permits, approvals and other authorizations required in connection with performance of the services.
4.2 This Agreement shall commence on the date set forth above and shall automatically renew with the
agreement of both parties for subsequent one-year terms with provisions for annual rate schedule
changes, or as identified in Task Orders or CONSULTANT'S proposals, unless otherwise terminated in
accordance with the provisions of this Agreement.
4.3 The dates of performance shall be interpreted as a material consideration in the Agreement; however,
in the absence of an amended Agreement, dates shall not be construed as falling within the meaning of
"time is of the essence."
4.4 The schedule and compensation may be influenced by the availability of information, public and
regulatory agency concerns,weather,and numerous other factors that may not be foreseen during initial
project planning. The CLIENT and CONSULTANT will negotiate in good faith and mutually agree on
proposed schedule and costs changes as they occur,as appropriate.
4.5 Services additional to those set forth in the Task Order will be performed and completed within the time
period and compensation agreed to in writing by the parties at the time such services are authorized.
4.6 If any time period within or date by which any of CONSULTANT'S services are to be performed is
exceeded for reasons outside of CONSULTANT'S reasonable control,all rates, measures and amounts
of compensation and the time for completion of performance shall be subject to equitable adjustment.
4.7 Pro Trak: Consultant shall use this along with a standard reporting process.
ARTICLE 5. CONFIDENTIALITY
5.1 The CONSULTANT and the CLIENT (including the employees, officers, agents, and directors of the
respective parties) shall treat as confidential and proprietary, and will not disclose to others during or
subsequent to the term of this Agreement, except as is necessary to perform the work under this
Agreement, any information whether verbal or written of any description whatsoever, (including any
technical information, experience, or data) regarding either party's plans, programs, plants, processes,
products, costs, equipment, or operations, which may come within the knowledge of the parties in the
performance of this Agreement, without in each instance securing the prior written consent of the other
party. Nothing contained within this Article shall prevent either party from disclosing to others, or using
in any manner, information which has been published and has become part of the public domain other
than by acts, omissions, or fault of either party; has been furnished or made known to either party by
third parties directly or indirectly; or was developed independently by either party.
5.2 In the event that either party shall be required by subpoena,court,or administrative order to disclose any
of the information deemed by this Agreement to be confidential and/or proprietary, that party shall give
immediate written notice to the other party. Upon receipt of the notice,the party whose information may
be disclosed shall have the right to interpose all objections to the disclosure.
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ARTICLE 6. STANDARD OF CARE
6.1 In performing services, CONSULTANT agrees to exercise professional judgment, made on the basis of
the information available to CONSULTANT, and to use the same degree of care and skill ordinarily
exercised in similar circumstances by consultants performing comparable services. This standard of
care shall be judged as of the time and place the services are rendered, and not according to later
standards.
6.2 CONSULTANT makes no other warranty, expressed or implied.
ARTICLE 7. INSURANCE
CONSULTANT, at its own expense and at all times during the Term, will maintain (i) commercial
general liability insurance applicable to CONSULTANT's operations related to this Agreement,
including coverage for the contractual indemnification provided by CONSULTANT, providing on an
occurrence basis a minimum combined single limit of$1,000,000.00 with a general aggregate limit
of$2,000,000.00, and (ii) business automobile liability insurance providing on an occurrence basis a
minimum combined single limit of$500,000.00. Such insurance shall name CLIENT and its affiliates
and subsidiaries as additional insureds. CONSULTANT further will maintain such insurance as will
fully protect CONSULTANT and CLIENT from any and all claims by employees of CONSULTANT
under the workers' compensation act or employers' liability laws, including any employers' disability
insurance laws,and from any and all other claims of whatsoever kind or nature for any and all damage
to property or for personal injury, including death to anyone whomsoever, that may arise from
operations by CONSULTANT or by anyone directly or indirectly engaged or employed by
CONSULTANT. All policies of insurance shall be primary and non-contributory with any other
coverage elsewhere afforded or available to CLIENT, as well as provide primary coverage for all
losses and damages caused by the perils covered thereby. The policies will provide that they may
not be canceled or altered without at least thirty (30) days prior written notice to CLIENT.
CONSULTANT will deliver to CLIENT satisfactory evidence of all such insurance upon the execution
of this Agreement and at least ten (10) days prior to the expiration of any policy term. The form,
content and insurers for each policy shall be subject to the satisfaction of CLIENT. If CONSULTANT
fails for any reason other than the fault of CLIENT to provide all of the insurance required by this
Section 7, CLIENT shall be entitled(but have no obligation), in addition to all other remedies available
to CLIENT as a result of such default, to purchase such insurance not provided by CONSULTANT
and collect from CONSULTANT(or retain from sums otherwise owing to CONSULTANT)an amount
equal to the premiums paid by CLIENT, plus a late charge equal to 10% per annum on the amount
of such premiums, calculated from the date such insurance was due until CONSULTANT pays the
amount of such premiums plus late charge to CLIENT.
ARTICLE 8. INDEMNITY
8.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees as follows:
a) with regard to the professional services performed and to be performed hereunder by or through
the CONSULTANT, CONSULTANT agrees, to the fullest extent permitted by law, to indemnify
and hold CLIENT harmless from any damage, liability or cost (including reasonable attorneys'
fees and costs of defense) to the proportionate extent that Claims are caused by
CONSULTANT's negligent services or willful misconduct. The indemnity obligations provided
under this section shall only apply to the extent such Claims are determined by a court of
competent jurisdiction or arbitrator to have been caused by the negligence or willful misconduct
of CONSULTANT. The CONSULTANT shall have no duty to defend but shall reimburse defense
costs to the same extent as the overall indemnity obligations herein.These indemnity obligations
shall not apply to the extent said Claims arise out of, pertain to, or relate to the negligence of
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CLIENT or their agents, or other independent contractors, or other consultants of CLIENT, or
others who are directly responsible to CLIENT, or for defects in design or construction furnished
by those persons and/or entities; and
b) with regard to any acts or omissions of the CONSULTANT in connection with this Agreement
which do not comprise professional services, the CONSULTANT further agrees to indemnify,
defend and hold harmless CLIENT from and against any and all claims, demand actions,
causes of action, losses, liabilities, costs, reasonable attorneys' fees and litigation expenses (all
of the foregoing being hereinafter individually and collectively called "claims") provided that any
such claim is attributable to bodily injury, death, or property damage suffered or incurred by, or
asserted against, the Indemnified Parties to the extent, but only to the extent, that the claims
are the result of any negligent act or omission by the CONSULTANT, its consultants or
subconsultants or anyone for whom the CONSULTANT is responsible under this agreement,
excluding, however, bodily injury, death or property damage arising out of the rendering or
failure to render any professional services by the CONSULTANT (which is covered by Section
"8.1a"above).
8.2 CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold CONSULTANT harmless
from any damage, liability or cost (including reasonable attorneys' fees and costs of defense)to the
extent caused by the CLIENT's willful misconduct or negligent acts, errors or omissions.
8.3 Neither CLIENT nor CONSULTANT shall be obligated to indemnify the other party in any manner
whatsoever for the other party's own negligence or willful misconduct.
ARTICLE 9. ALLOCATION OF RISK
9.1 To the fullest extent permitted by law, the total liability in the aggregate of CONSULTANT and its
employees, subcontractors or suppliers to CLIENT and anyone claiming by, through or under CLIENT
on all claims of any kind (excluding claims for death or bodily injury)arising out of or in any way related
to CONSULTANT'S services, or from any cause or causes whatsoever, including but not limited to
negligence, errors, omissions, strict liability, indemnity or breach of contract, shall not exceed the
compensation received by CONSULTANT for the Task Order upon which such liability is based, or the
maximum amount of the CONSULTANT'S insurance coverage,whichever is greater.
9.2 In no event, whether in contract, indemnity, warranty, tort (including negligence), strict liability or
otherwise,shall CONSULTANT, its employees,subcontractors or suppliers be liable for loss of profits or
revenue; loss of use of any equipment or facilities; cost of capital; cost of purchased power; cost of
substitute equipment, facilities or services; downtime costs; any special consequential, incidental or
exemplary damages;or claims of customers of CLIENT.
9.3 If CONSULTANT furnishes CLIENT with advice or assistance concerning any products, systems or
services, which is not required under the Scope of Work or any other contract among the parties, the
furnishing of such advice or assistance will not subject CONSULTANT to any liability whether in contract,
indemnity,warranty, tort(including negligence), strict liability or otherwise.
ARTICLE 10. OWNERSHIP OF DOCUMENTS
10.1 In the event CONSULTANT prepares a written report related or pertaining to the Work, CONSULTANT
shall furnish to CLIENT the number of copies of such report specified in the Task Order. Except for the
reports,all field data and notes,laboratory test data,calculations,estimates and other documents,which
the CONSULTANT prepares,shall remain the property of the CONSULTANT. The CLIENT agrees that
all reports and other work the CONSULTANT provides, which are not paid for, will be returned or
destroyed by CLIENT upon demand and will not be used for any purpose whatsoever other than those
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purposes contemplated in this Agreement and any Task Order. CONSULTANT hereby assigns and
agrees to assign to CLIENT all rights to inventions, trade secrets, copyrights and technical data
developed, conceived or reduced to practice by CONSULTANT, alone or jointly with others, which
directly result from services performed under this Agreement, including all documents, plans,
proposals, reports, programs, screens, forms, scripts, procedures, functions, analysis, data, ideas,
specifications, descriptions, notes, and designs prepared or furnished by CONSULTANT, CLIENT or
any other party in connection with the consulting assignment of the CONSULTANT pursuant to this
Agreement. Such obligation to assign shall be effective during the Term and for one year thereafter,
except such items that CONSULTANT can prove were conceived by CONSULTANT after the
termination of this Agreement and not under circumstances contrary to any provision of this
Agreement. CONSULTANT shall provide detailed written descriptions of any inventions, trade
secrets, copyrights and technical data to be assigned as requested by CLIENT, and shall cooperate
with CLIENT as needed in order to protect and enforce proprietary rights of CLIENT.
10.2 Any report prepared as part of the work will be prepared solely for use of the CLIENT. Other third parties
are not to rely on the report unless both CONSULTANT and CLIENT consent in writing to such reliance.
CONSULTANT may assess a charge in connection with documenting such consent.
10.3 CONSULTANT will prepare and perform the work according to the scope and purposes of this
Agreement and Task Orders. To the extent that the work product is utilized in any manner outside the
scope and purposes of this contract, CONSULTANT reserves the right to notify directly any third-party
recipient of the limitations of the work product due to the scope and purposes of the contract under which
it was prepared. It is expressly acknowledged that this reservation by CONSULTANT is necessary to
protect and preserve CONSULTANT'S professional reputation with respect to its work product.
ARTICLE 11. INDEPENDENT CONTRACTOR; AUTHORITY
11.1 This Agreement does not, and shall not be construed to, make CONSULTANT the agent or legal
representative of CLIENT. CONSULTANT does not have, and shall disclaim, any right, power or
authority to assume or create any obligations for, on behalf of, or in the name of CLIENT or to deal
with CLIENT's property. CONSULTANT shall not incur or contract, or purport to incur or contract,
any debt or obligation on behalf of CLIENT, or commit any act, make any representation,or advertise
in any manner that may adversely affect any right of CLIENT or be detrimental to CLIENT's good
name and reputation. CONSULTANT shall not have any authority over any employee or officer of
CLIENT, nor shall CLIENT be required in any manner to implement any plans or suggestions
CONSULTANT may provide.
ARTICLE 12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
12.1 The CONSULTANT shall observe all applicable provisions of the federal, state and local laws and
regulations, including those relating to equal opportunity employment.
ARTICLE 13. SAFETY
13.1 The CLIENT shall be obligated to inform the CONSULTANT and its employees of any applicable site
safety procedures and regulations known to CLIENT, as well as any special safety concerns or
dangerous conditions at the site. The CONSULTANT and its employees will be obligated to adhere to
such procedures and regulations once notice has been given.
ARTICLE 14. LITIGATION
14.1 At the request of CLIENT, CONSULTANT agrees to provide testimony and other evidence in any
litigation, hearings or proceedings to which CLIENT is or becomes a party in connection with the work
performed under this Agreement. CLIENT agrees to compensate CONSULTANT at its contract rates
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for its time and other costs in connection with such evidence or testimony. Similarly, if CONSULTANT
is compelled by legal process to provide testimony or produce documents or other evidence in
connection with work performed, CONSULTANT agrees to contact CLIENT prior to providing testimony
or producing documents or other evidence and cooperate with CLIENT and CLIENT's counsel. CLIENT
agrees to compensate CONSULTANT at its contract rates for its time and expense in connection with
such testimony or document and other evidentiary production. In the event the support services of
CONSULTANT are required in connection with litigation instituted by or against the CLIENT, CLIENT
agrees to obtain from CLIENTS counsel, a fully executed Agreement for Expert Service.
ARTICLE 15. NOTICE
15.1 All notices to either party by the other shall be deemed to have been sufficiently given when made in
writing and delivered in person, by facsimile, certified mail or courier to the address of the respective
party that is shown on page 1 of this Agreement or to such other address as such party may designate.
ARTICLE 16. TERMINATION
16.1 CLIENT reserves the right to delay the commencement of or suspend CONSULTANT's performance
of any or all of the Work. The performance of Work under any individual Task Order may be terminated
or suspended by either party, in whole or in part. Such termination shall be effected by delivery of fifteen
(15)days' prior,written notice specifying the extent to which performance of work is terminated and the
date upon which such action shall become effective. In the event work is terminated or suspended by
CLIENT prior to the completion of services contemplated under any Task Order, CONSULTANT shall
be paid for (i) the services rendered to the date of termination or suspension; (ii) demobilization costs;
(iii) costs incurred with respect to non-cancelable commitments; and (iv)reasonable services provided
to effectuate a professional and timely project termination or suspension. Additionally, and not
withstanding anything in this Agreement to the contrary, CLIENT shall at all times have the right to
terminate this Agreement by providing thirty (30) days prior written notice of such termination to
CONSULTANT.
ARTICLE 17. SEVERABILITY
17.1 If any term, covenant, condition or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of these Terms and Conditions shall
remain in full force and effect,and shall in no way be affected, impaired,or invalidated thereby.
ARTICLE 18. WAIVER
18.1 Any waiver by either party or any provision or condition of these Terms and Conditions shall not be
construed or deemed to be a waiver of a subsequent breach of the same provision or condition, unless
such waiver is so expressed in writing and signed by the party to be bound.
ARTICLE 19. GOVERNING LAW; JURISDICTION
19.1 This Agreement shall be governed by, and interpreted and construed in accordance with,the laws of
the State of Texas, without reference to the conflict of laws principles of any jurisdiction. If any
permitted suit, action or proceeding is brought in connection with this Agreement, exclusive venue
for such suit, action or proceeding shall be in the courts in Brazoria County, Texas, and each party
submits to the jurisdiction of such courts for the purpose of any such suit, action or proceeding. Each
party irrevocably waives any objections which it may now or hereafter have to the laying of venue of
any permitted suit, action or proceeding arising out of or relating to this Agreement brought in the
courts located in Brazoria County, Texas, and hereby waives any claim that any such suit, action or
proceeding brought in any such court has been brought in any inconvenient forum.
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19.2 In the event that either party must resort to legal action to enforce any provision of this Agreement, the
non-prevailing party agrees to pay attorney fees and other costs resulting from such action.
19.3 CLIENT and CONSULTANT hereby irrevocably and unconditionally waive all right to trial by jury in any
action, suit, proceeding,or counterclaim that relates to or arises out of this agreement.
ARTICLE 20. ASSIGNMENTS AND DELEGATION; NO SUBCONTRACTORS
20.1 This Agreement may not be assigned or transferred by CONSULTANT, in whole or in part, nor may
CONSULTANT delegate its duties under this Agreement, in whole or in part, in any of the foregoing
circumstances without the prior written consent of CLIENT, and any assignment or delegation in
violation of this Section shall be void. CLIENT shall have the right to assign this Agreement and any
of its rights hereunder to any affiliate of CLIENT or as a part of a sale or transfer of the stock, assets
or business of CLIENT or any substantial portion thereof. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto, and their respective heirs, successors and permitted
assigns. CONSULTANT shall not engage any third parties or independent contractors to perform
the services under this Agreement without the express written consent of CLIENT.
ARTICLE 21. CAPTIONS
21.1 The captions of these Terms and Conditions are intended solely for the convenience of reference and
shall not define, limit or affect in any way the provisions, terms and conditions hereof or their
interpretation.
ARTICLE 22. ENTIRE AGREEMENT
22.1 This Agreement, and the Task Orders, constitute the entire agreement between the parties
pertaining to the subject matter hereof, and supersedes all prior and contemporaneous
agreements, understandings, negotiations and discussions between the parties, whether oral or
written in respect of this matter. There are no representations, warranties, collateral agreements,
conditions or other agreements between the parties hereto in connection with the subject matter
hereof except as specifically set forth herein.
{Remainder of this page intentionally left blank.)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the day and year set forth in this Agreement.
CONSULTANT CLIENT
Arcadis U.S., nc. City of Pea •/ /
By: , V a�.wd By: � tom--'
/
Printed Name: Wendell L. "Buddy" Barnes, P.E. Printed Name: I (k ' ` :�/
Title: Senior Vice President Title: l„ij1 Gt Y1Cf (ter
Date: May 15, 2017 Date: /c _)_/1I
Page 9 of 9
ARCADIS Design&Consultancy
tornaturaland
built assets
Ms. Cara Davis
Arcadis U.S.,Inc.
Project Manager 10205 Westheimer Road
City of Pearland Suite 800
3519 Liberty Drive Houston
Pearland, Texas 77581 Texas 77042
Tel 713 953 4800
Fax 713 977 4620
www.arcadis.com
Subject:
Proposal for Tom Reid Library Expansion Construction Observation Services
Dear Ms. Davis: Date:
May 15, 2017
As requested by the City of Pearland, Arcadis U.S., Inc. (Arcadis) has prepared
this proposal to provide construction observation services for the Tom Reid Contact:
Library Expansion project. Enclosed please find the following information for Wendell L. "Buddy" Barnes,
your consideration: PE, FSAME
• Attachment A—Task Order No. 1 Phone:
• Attachment B—Time and Materials Fee Estimate 713.248.8257
• Attachment C—Construction Observation Scope of Services for the Tom
Email:
Reid Library Expansion Wendell.barnes@
• Attachment D—resume for Ronnie Hart—experienced construction arcadis.com
management professional qualified to provide inspection and observation
for this project. ARCADIS U.S.,Inc.
TX Engineering License#F-533
We appreciate the opportunity to provide this proposal and are excited to be able Geoscientist License#50158
to serve the City of Pearland on this project. If you have any questions or require
additional information please contact me.
Sincerely,
Arcadis .S., Inc.
144102get44400
Wendell L. "Buddy" Barnes, PE, FSAME
Senior Vice President
Page:
1/1
ATTACHMENT A
TASK ORDER - No. 1
MASTER SERVICE AGREEMENT(MSA), Construction Management& Inspection Services
Pursuant and subject to the above captioned MSA dated May 15, 2017 between
the City of Pearland and Arcadis U.S., Inc. CLIENT hereby requests that CONSULTANT performs the work
described below upon the terms set forth:
CLIENT PROVIDED INFORMATION:
Work Site: Tom Reid Library Expansion (Project#F20002)- 3522 Liberty Drive, Pearland, TX 77581
Work to Be Performed: Provide Construction Inspection Support services
Drawings, plans, specifications are not attached:
Date and Time to Commence:
Date and Time to Complete:
Equipment, vehicles, tools, materials, supplies to be furnished or obtained through third parties by CLIENT
(if any): N/A
Invoice Mailing Instructions: Invoices will be submitted through the online project management system
"Manage-It"
Other Requirements or Variance from MSA(if any): N/A
CONSULTANT PROVIDED INFORMATION:
Compensation: $115,380.00
Billing Terms: Time and Materials
Scope of Work: See Attachment C-Construction Observation Scope of Services
ACCEPTANCE:
The foregoing TASK ORDER is accepted on the terms set forth as indicated by the signatures below.
CONSULTANT CLIENT
Arcadis .S., Inc. City of P • . 'a , •�
By: A 100 . ' By:
Printed Name: Wendell L. "Buddy" Barnes Printed Na e: CJa d r5
Title: Senior Vice President Title: 0_/1 l a na
Date: May 15, 2017 Date: 05- ! I f
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ATTACHMENT C
' , P£• R
v o
PEARLAND
S T. , g()
CONSTRUCTION OBSERVATION
SCOPE OF SERVICES
FOR
TOM REID LIBRARY EXPANSION
Design 1 of 10 D7.Revised 2016
BASIC SERVICES: CONSULTANT shall render the following professional
services to the OWNER in connection with the construction of the Project.
1. Pre-Construction (on specific projects, as requested by the
City/Owner)
1.1.Attend Pre-Bid Meeting; provide feedback to City's Project Manager
as necessary, such as: tracking and recording questions for the
Engineer's written response, clarifying the Owner's expectations for
the project and the project execution.
2. Construction Phase Services
2.1.Act as the City's on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2.Meetings: Attend construction progress meetings; record minutes
from construction progress meetings and distribute via Pro-Trak to:
City Project Manager, Design Engineer and contractor throughout
the duration of the project.
2.2.1. Attend scheduled meetings every two weeks,
minimum, to review the following: work progress and
schedule, outstanding issues, status of submittals and
responses, shop drawings, unforeseen issues and
changes to the work.
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and as-built drawings.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
Design 2 of 10 D7. Revised 2016
I
2.2.5. Obtain copy of ROW permit and prints from Public
Works in order to monitor progress of utility relocation
per permit/plan.
2.3.Observe Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing Pro-Trak as is feasible.
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
2.3.3. Review and update as-built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor's schedule,
ensure compliance with City's intended schedule, and
provide recommendations as needed to retain and
regain schedule if needed.
2.3.5. Coordinate with contractor on alternate project
sequencing/scheduling to keep project on schedule.
2.3.6. Prepare summary report of construction activities with
outstanding issues outlined for review as shown in
2.2.1. Progress information associated with the
project will be submitted to the Project Manager for
review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.4.Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor's operations with regard to other
City contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications.
2.4.1. Verify construction conformance and compliance with
TCEQ, NOI and NOT.
Design 3 of 10 D7. Revised 2016
2.4.2. Verify construction conformance with permitted
activities such as: City of Pearland permits, U.S. Army
Corps of Engineers permits, TxDOT roadway permits,
and any Railroad agreements.
2.5.Provide full-time 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.
2.5.1. 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.
2.5.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
2.5.3. 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.
2.5.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
2.6.Identify, record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
Design 4 of 10 D7.Revised 2016
minimize delay in the progress of the project, make
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
2.7.Prepare and maintain daily progress log or daily construction
reports, photographs, records and track quantities installed that day
utilizing the City's Pro-Trak system.
2.8.Ensure contractor reviews and approves daily reports and
quantities.
2.9.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.
2.10. Attend and participate in progress meetings.
2.11. Create contacts 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.
2.12. 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.
2.13. Maintain Resolution Log and respond to citizen complaints in
Pro-Trak system.
2.14. Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections or
start of important phases of project.
3. Pay Applications
3.1.Pay applications will be generated by the City's Pro-Trak system
based on quantities approved in the daily reports. Review and
verify quantities provided by contractor for all work in compliance
with contract documents.
Design 5 of 10 D7. Revised 2016
3.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
bid item quantities via Pro-Trak; meet monthly to
review pay estimate and quantities with contractor
3.1.2. Review progress pay application with Design
Engineer/Architect for approval or revision prior to
submittal to City.
3.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts via Pro-Trak.
3.1.4. Notify City Project Manager when all electronic
signatures are completed in the Pro-Trak system for
invoice processing.
3.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily Reports
in Pro-Trak.
3.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
3.2.Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities utilizing Pro-Trak. Identify and add additional quantities
and make any approved changes to the Contract Time.
3.2.1. Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
Design 6 of 10 D7.Revised 2016
4. Document Control
4.1.Utilize the City's Pro-Trak system to: receive, route, track and log
all Contractor communications, Submittals, Change Orders, RFIs,
Pay Applications and Citizen Complaint/Resolution Log;
communicate with Contractor the status of submittal reviews;
review submittal and RFI log in Pro-Trak to ensure timely
responses; notify City Project Manager, Contractor and Design
Engineer of time critical issues.
4.1.1. Assemble and maintain notes, comments, sketches
and supportive data relative to the Project to facilitate
the revision of drawings to conform to the final as-built
conditions. Review Contractor's record keeping
periodically to ensure completeness, timeliness and
progress.
5. Change Orders
5.1.Assist the City PM in preparing and issuing request for proposals in
a timely manner via Pro-Trak. Review RFP and contractor
proposal for additional work with City Project Manager and Design
Engineer for approval. Ensure the status of RFP and Responses
from Contractor, City and Design Engineer are logged and tracked
in the Pro-Trak system.
5.2.Provide recommendation on technical matters as an advocate for
the City. Assist the City PM in evaluating the Contractor's
response/proposal for merit, cost, time, accuracy and price
practicality as needed.
6. Testing Laboratory and Results
6.1.Coordinate testing laboratory activities with Contractor's activities.
Review test reports for compliance with Contract Documents. Log,
Design 7 of 10 D7. Revised 2016
I
track and retain test reports in Pro-Trak. Review results with
Contractor. Monitor any corrective action and re-testing for
compliance. Maintain compliance with City's specifications
6.1.1. Review lab test reports and log any failures.
6.1.2. Review Invoicing from Laboratory against daily
activities.
7. Project Completion and Close out
7.1.A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor's notification of substantial completion.
Include City Project Manager, Design Engineer and others as
directed. Prepare a list of non-conforming work based on visual
inspections via Pro-Trak. Record and monitor contractor's
corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
B. Coordinate and obtain Design Engineer's signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate via Pro-Trak.
7.2.Review and compile any Operation and Maintenance documents
required from the Contractor—forward to Engineer for review.
Ensure Contractor's closeout documents are uploaded to Pro-Trak.
Review for completeness and accuracy, including; affidavits of final
payment, final pay estimates, as built records, redlines and
drawings. Once received, notify the Design Engineer and City
Project Manager when completed.
7.2.1. Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
7.2.2. Provide indexed project files, redline plans and as-
built or record drawings to City via Pro-Trak.
Design 8 of 10 D7.Revised 2016
7.3.Attend Project Close-Out Meeting.
7.4.Consult with City on any potential Warranty items requiring repair or
replacement.
8. Warranty Period
8.1.Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
8.2.Provide staff to conduct and participate in the warranty inspections.
8.3.Prepare list of non conforming work for presentation to the City
Project Manager, Design Engineer and Contractor via Pro-Trak
8.4.Oversee repairs for non conforming work with Contractor.
8.5.Submit final report on completed warranty repairs via Pro-Trak.
9. Additional Items
9.1.CONSULTANT 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.
9.2.CONSULTANT 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
CONSULTANT'S own agents, employees, and its Sub consultants)
at the Site or otherwise furnishing or performing any Work; or for
any decision made regarding the Contract Documents, or any
Design 9 of 10 D7. Revised 2016
application, interpretation, or clarification, of the Contract
Documents, other than those made by the CONSULTANT.
9.3.Force Majeure - Any delays in or failure of performance by
CONSULTNAT 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;
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.
Design 10 of 10 D7.Revised 2016
ATTACHMENT D
ARCADES Ot'S.jC$(GnSUI;111'7
for natural and
built assets
RONNIE HART
Construction Manager
EDUCATION Mr. Hart brings five years of construction management experience
BS Construction Management on large multi-faceted projects.
University of Houston 2014
AS Liberal Arts Alvin Community
College 2002 Project Experience
Houston Texans Soccer Club New Facility
YEARS OF EXPERIENCE Houston, TX
Total—5
Construction Management Consultant. Organize construction plan;
CERTIFICATIONS Solicited sub-contractor Bids. In process of awarding Bids to sub-
OASHA—30 and 10 hour cards contractors. Reviewed drawings; Set up meetings and document notes
First Aid/CPR/AED—American Red to distribute to team.
Cross
La Porte ISD High School Rebuild
Tellepsen Builders, TX
Project Engineer for a $100 Million project. Responsibilities included:
• Assisted the Safety department with jobsite inspections.
• Inspected Sub contractor workmanship.
• Wrote Change Orders for subcontractors.
• Responsible for submitting RFIs and Submittals to the architect for
approval.
• Onsite inspections to process monthly pay applications
• Assisted Superintendents with scheduling material deliveries.
• Scheduled weekly Sub meetings and distributed the information out
to all parties.
• Completed—Second Baptist Church Cinco Ranch-$39Million,
Centennial Gardens-$22Million
Phillips 66 World Headquarters
WS Bellows Construction Corporation, TX
Project Engineer for a $117 Million project. Responsibilities included:
• Helped develop and maintain site specific safety guidelines.
• Assisted on site QA/QC department with daily inspections of
concrete pours.
• Maintained communication between subcontractors on installation
coordination.
• Performed material take offs for PM
• Assisted Superintendents with scheduling material deliveries.
1
PERSONNEL RESUME - Ronnie Hart
Project Experience Continued
Houston Rapid Transit - Joint Venture for METRO Light Rail Expansion Project
Houston, TX
Engineering Intern for a $1.2 Billion project. Responsibilities included:
• Environmental Engineer responsibilities:Weekly inspections of the Project; Produce weekly Storm Water
Pollution Prevention Plans; Create contingency plans in the event of any issues and notify the proper
authorities in a timely manner.
• Assist our Safety department in preparing presentations geared toward our field personnel regarding on
the job hazards.
• Field Engineer responsibilities: Assist project Superintendent with implementation of daily/weekly work
plan; order materials for production crew; preform job cost analysis.
• Office Engineer responsibilities: Track monthly/weekly work quantities and process Sub and Vendor
invoices as well creating modifications to their contracts;Write RFIs and submit them to our Design group
and insert redlines into our as built" plans; Take meeting minutes and distribute daily information to our
field crews; Ensure all survey equipment is calibrated and accurate.
SERVPRO of Napa County (Fire and water damage remediation company)
Production Manager. Responsibilities included:
• Responsible for logistics and scheduling of daily job assignments for production crews.
• Organized daily/weekly safety meetings with continuing education class room time.
• Handled all customer service and quality control issues.
SERVPRO of Missouri City (Fire and water damage remediation company)
Supervisor. Responsibilities included:
• Implemented a safety/work plan to performed mold remediation on Shell offshore platforms in Gulf of
Mexico.
• Residential restoration project lead.
2
10
)‘ E4,?
M_ AM
•* '(1/4:-
D
City of Pearland
'EI
. 3519 Liberty Drive
Peariand, TX 77581
General Services Contract
This Contract(Contract)is made between the City of Peariand, texae(OitY),and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following Perth:,
I. tummary‘oftontraCt TO*
• 11. Signatures
Ill: Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract.Attachmerits.
1.Suriimary-oftonttact Terms
Contractor Special Touch Landscaping
5,090:RiChmopci Ave#496
1-Joueton; TX47055
Description of Services Firm-fixed pride COntradt..for Don pitch and, Bridge. Grounds
Maintenance Mowing at sixty-nine locations throughout per
tif.'?-'peCifibatiOnSofity:of Pearland bid*0217-17,and resolution
#R-2.0104112A "
Contract Amount:: Not to 1.ec-pi:1186,065
Effective Date - _
Termination Date 441y:0,9,2019.
Renewal One renewal option is eV2010le.-
.
14,Signatines. By signing below,the:Oaitieeajrda to theterms.oflhis-Contract
CITY OF EA1214114 - CONTRACTOR.:
. ,
la& 4d
et/P,pUt apegeri Date Title (1:./sfe-eitAdii, ity‘ '
Date: 1—II
*Si' d.by/ Date;
1.7.eitypAanagel'
Assistant City Manager
Director
:PrOdrain:Manager
*Contract Signature Authority: .Program Manager-45,999 or less
,
Director--.$.8000to$30,000
,City MahagellAssistant City Managers-$30,001 tir$50,000.
:pity-ppocil,Resolution:7;: 50;000:t
ill.Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as described
in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance withthe
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph,the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice,the party giving the notice of default may terminate this Contract by written
notice to the other party,specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3)Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
'terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise,each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law.This provision does not affect the right of either party to this Contractwho is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a.third-party defendant as allowed by law.
:EXHIBIT A.
CONTRACTOR'S SCOPE SERVICES
Scope.of services,povided shall c sIstofproydingopenpjah àñd Bridge GroundsMaintenance
Mowing at sixty-nine locations thfOgghdutlho.Q0156e-the-OiiedifICatiOrislif City of Pearland bid#.0211-,
17: The work la summarized to include all materials,supervision,labor,equipment,transportation and
all services reobirettand indiderital•tO the follOwirig:-', •
IP. Turf and hetIVogra§e-meihtenenceihtlUqhg'hip*iiig edging'and trimming of Maintained areas,
• Pruning and trimming of trees, shrubs, groundcover, and vines:(when asightline issue is
observed and needs to be corrected),
• Debris removal,
RePorting'Of services perfortned:
. ,
Pricing'and Location list are as f011OW :
Special Tcii/dh
SPedifidation,Responses. ':14;.axlacabing
EST,
. „,
Line. :Description UOM .:oTy Unit Extended
I IH 97 Longwood-0‘Mary'S''.creek Bridge -Monthly 12 $30:15
Wood Creek DriVe0.Mary's'Creek Monthly . 12 . ::$30.16 Itfigittet
. 'IH--,99 Longherridge:0-Maiy.s.Oreek Bridge . Monthly': 12 :- $40.20.:,!:4:44-82,4ii
4 -, •IH 100CountriCkib&IV&gOlear,treek Bridge Monthly. : '•12 $11.$4112744
PrbVidendel/illageDriVe 0:MarY's diiek Monthly 12 .:$30.15'i12$1-6-03k:
6 IH John Lizer 6-.Mary'S".Creeki: .MonthlY. '12 - $4020
, 114-103‘RobinsOnDriVe Hickory Slough Bridge _ Monthly' 12 $30.15.,td4376741iiir
: ,;.IH-104,Old Alvin Road gHiCkOh)Olough Bridge, Monthly 12 $30.16, igitadtifj*
-.9' •„:IH,105 Old Alvin.Road 0Town,Ditch Bridge Monthly: _ 12 .i$120.60':Z$447
i2
i'l
1 0 _ ILI!,1 0 6 Old'Alvin Road 0-MarVS-Creek •. Monthly 12 02$481:4011 7.4
IH Mykawa Road.gbiaaiceeekSridge. . _ „Monthly, 12 $3015:i-.4'4.3.0.;80
12, 114!,108 Hwy 35 0 Marks:Creek Bridge, ' •-Monthly -12 '•$60.30'
13 IH-109 HwY3-60-coware8treek Monthly 12 .':$100:50.,..'3.14001ii,
14 „ IH-lio Hastings Field Bridge Monthly 12 i$100,50.itifficmork
15 IH-111•HWy 35:0-OR128:Bridge Monthly 12 $10050'
16 - IH-112'VeterantDrive Mary%Creek Bridge Monthly 12 $IMS°-..:--4095.40-]
17 IH-113 Hwy 35 Hickory Slough - _- . „ Monthly j _12- .i$70,'.35.1:Nt844.2ik18 ,S1'
IH-114.Hwy35.0 Town Monthly 12 :$3015'fig13:$.-o-ficit.
19 1H.7_11514Wy 35 9:NciNaiiie,Rciad,Tfarice0 I'Monthly '12 :$20.10 sisaflog
20 • IH,-116 Rockland Drive 0:Corrigan Ditch: Monthly . 12 $30.15
21 „ _IFV-117:Hatfield Road:.gCorrigan Bypass Ditbff Monthly., ,12 .1:$40:20 al.$421.40
22 .IH: 118:HarkeY'Rd'ad @ MarY!SOreek-Bridge Monthly -12 $36:18
j23 Manvel Road g Marys Creek Bridge Monthly _ ,12 $9045 411019.640f
24 IH 7120 Max Road 0•Hidkory Slough bridge . : Monthly 12 _ :$40:10' E.144.--0-361
25 1H.--121'Roy 0:HidkdrY:Sleugh:-, " 'Monthly 12 '$4020
26 -IH 122.Garden:0 Hickory Slough _ - _ Monthly .12. $50:25 Si$741)031
27 - 11+2.123O'Day-O'Hickory.Slough Monthly 1$4020 alia-tfatit
: 28.._ Hatfield Road.0,HickotY;Slciugh _ Monthly . 12 $44.22'
29 'IH Miller Ranch dHidkoti)•Siough Monthly '12 $30.15' ;i1,..43.51,J39L'i
IH'4,126 Countiy„'PlaCePar0eY'0 SOi4tticIPIAM. „, af:LIR-4.10
30 .r-Ditch Monthly 12 _ $30.15 .*. tiltit
31 -.1H-12TIOngsley 0 Clear Creek Monthly 12 $40 20
32 . '1H'-_12&HWY 35 g.Clear Creek Bridge Monthly 12 $20L10
33 .:11-F--129 Kingsley,-0Arneridan Cabal . Monthly 12 $90:45 f$140U.4-011
. _
E. Assignment. The Contractor shall not assign this Contract without the prior.written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor 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.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct,or control the Contractor or Contractor's officers or employees in the means,methods,or
details of the work to be performed by Contractor under this Contract. The City and Contractor
ii agree that the work performed under this Contract is not inherently dangerous,that Contractor
will perform the work in a workmanlike manner, and that Contractor will take proper care and
precautions to insure the safety of Contractor's officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties.The parties will each pay one-half
of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract,neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful,the
remainder of the Contract continues to be binding on the parties.
IV, Special Terms or Conditions.None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract,except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. . The contractor's response to Bid #0217-17 shall be construed as additional contract
• documents.
•
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s]shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. -Scope of Services.
•
34 _ IH-130 Kingsley:@ Mustang Bayou Monthly: 12 $72:36. ,$$6$'32;
35 IH-131Forest Park L'n @ Town,Ditch . Monthly` 12 $70 35, ,.
36 IH-'132 Shauntel @ Marys Creek` '`ti$$ i 4
=.Monthly~ 12:' $90:45 :�$1.,�Q$S.40r
37 . IH-=133:Max Rd • `Monthly" 12: :$40 20 r
3ti. IH-134 Roy Rd -�g8.240
Monthly. 12 $241.20. 444194 4O
39 IH-.135 Garden.Rd
Monthly 12. '=$40:20:ititaitT441,
40 IH-:1.36 O'day Rd i_i
'Monthly: 12 $20 90 �Q,-$2ga,20
41. IH-.137 Liberty Dr .. Monthly 12 _$60 30 $7231
6Oi
-42 IH=:138.Old Alvin ,Monthly 12. ,$180.90 2't0,t3Os
43 , IH:--139 Orange St- ;Monthly -12- :$30:15 = 367 80
,44 .,. -IH=140:Mykawa:Rd -
Monthly 12, $241 20 I$2x894 i
:45 IH _.141 Hatfield'Rd M
,. Monthly 12 „'$60 30 � �7�Z3,�6.0l
46 IH 142 Hughes Ranch Rd • Monthly 12. .$90.45, 1085: _'
`47 IH-143 Smith Ranch Rd " `Monthly 12 $3015 3 0 Las
48' IH 144 Walnut St _
= Monthly 12 $2010 t$?AQ
49 IH 146 Main`St Monthly
f 12 :$361 80 ?$4310.
{ 50 .1H 148 Cullen Pkwy Monthly_ 12' $40 20 :$48 1`40
51 IH."149 Fite Rd
Monthly. . 12 $3015 F=$3 it80g
52 :IH-150Woody Rd
Monthly 12 : $70 35 64"4,-.�'�'0�
'53 :IH 151'Harkey Rd - d
Y Monthly .. 12 $22190 `:�2,65,3€20�<'
54 :IH 152 Marvel Rd
Monthly! 12 $140 70 •z1.fi6ti$40
55 IH-153 Veterans-Dr- monthly,-
56 'IH- .154 HughesRanch'Rd = ---
12 $�IZO 60
Monthly 12 '$3015=
: .57 'IH 155 flooper Rd` Monthly• 12 :$40 20 Y°$482;40'l
_58 ;`IH °156 Riley.Rd Monthly. 12 :$50.25 $603;0Q
59 lH -157 Broadway St .__ Monthly' -- 12 "$120 60. :31;44T20
64 IH-.158 Kingsley Clear.Creek North Monthly 12 .$36,18 "$44301
I 61 = :IH :159 Brookaide=Rd t$20.10 ' ¢$2 120..
62 IH.-_1.60CR48
Monthly 12. $361 80 $414.411-dit
`IH 161 Wells.Road-..g Massey;Ranch Road1Bridge Monthly ;:12 :$20.10 1$241207
l 64 IH 162•Cherry Pie :Broadway @ Cherry Monthly
65' t, lH 165Mykawa @ Cherry; _ Monthly 12t =$3015 =-0$3618b
66 ` IH 164.Fire.Station on 2234 �u 1
Monthly 12 $42 21 •<$50652�
IH 165 Future`Fire`Station on:_Old Alvin
67 ,:Monthly 12 $301 50 ;>;33:f181O11!~
1IH 166:Future Retention Site,on Old Alvin @ �,� p � -
68 Walnut.._ Monthly 12 $361 80 1$4344 60;
69 : IH - 167:Glastonbury.50'.buffer Monthly 12 -:$100 50_` $920600:5`
Per 4°al
: Rogh Cut Mowing Acre_. ..1 $45 00 .. $455Q0t'
70 u �,� t
Slop Mowing-;4'deep as meas ured:from top of slop Per
71 with aslop of 3:1 orgreater. Acre; 1• $50 00 t3somo/