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R2021-073 2021-05-10RESOLUTION NO. R2021-73 A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with Jones Engineering Solutions, associated with the Liberty Water Treatment Plant ground storage and elevated storage water tank Project, in the estimated amount of $201,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Liberty Water Treatment Plant ground storage and elevated storage water tank 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 design services associated with the Liberty Water Treatment Plant ground storage and elevated storage water tank Project. PASSED, APPROVED and ADOPTED this the 10th day of May, A.D., 2021. EVIN COLE AYOR AT • T: C STAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Jones Engineering Solutions ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Liberty Elevated and Ground Storage Tank Rehabilitation ("PROJECT"). (Project #WA210I) 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 engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. 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. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall he AutoCAD compatible and all other documents shall he Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. 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. F. 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 Design 1 of 7 D2. Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, 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. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. 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. G. 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. H. 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. Design 2 of 7 D2 Revised 04/2019 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end June 30, 2022. 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 (Lump Sum) $113,000 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $0.00 3. Bid Phase Services (Hourly Not to Exceed) $8,000 4. Construction Phase Services (Hourly Not to Exceed) $70,000 5. Reimbursable Expenses (Not to Exceed) $10,000 6. Total: $201,000 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. D. CONSULTANT shall invoice for work performed during the preceding thirty day period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable" the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. Design 3 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/ or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job -site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. 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 CONSULTANTS 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. Design 4 of 7 D2 Revised 04/2019 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 11211 Katy Freeway, Suite 325, Houston, Texas 77079. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. 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 15' 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. Design 5 of 7 D2 Revised 04/2019 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 solicitor secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, 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. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. OF PE ' LAND, TEXAS i3/44 -?.40 DATE //- Z:7 - / DATE Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification 1, ANAL cLA & •.l oti\ (Person name), the undersigned representative (hereafter referred to as "Representative") of Jones Engineering Solutions (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with. or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but ides not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTA , SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of i,-'a_' ,, , 207 i . 4 VERONICA A HERNANDEZ ( V �/i 1 A J, ^ Notary ID #125390897 �t ll//��// My Commission Expires November 11, 2023 Notary Public Design 7 of 7 D2 Revised 04/2019 0 JONES ENGINEERING SOLUTIONS March 25, 2021 Mr. Sergio Beccrril City of Pearland 2559 Hillhouse Pearland, TX 77584 Re: Professional Engineering Services for Water Tank Inspection & Rehabilitation for City of Pearland, Texas Dear Mr. Becerril: 11211 Katy Freeway, Suite 325 Houston, Texas 77079 Office: 832-834-5496 Fax: 832-834-5497 Texas Firm Reg. No. F- 15666 Jones Engineering Solutions (JES) is pleased to present this proposal for Professional Engineering Services for the development of the proposed Water Storage Tank Inspection & Rehabilitation for the City of Pearland, Texas. Project Description The project is for the evaluation, revise recommendation, and engineering for the City of Pearland's six (6) elevated storage tanks (EST) and fourteen (14) ground storage tanks (GST). Scope of Services 1. Preliminary Design Phase Services: a. Data Collection: i. JES will attend the Design Kick -Off meeting with the City to review informational resources and discuss the objectives of the project and adjacent projects. ii. JES inspect City of Pcarland's twenty (20) tanks. Each tank should be drained so the floor can be thoroughly inspected. This should take approximately 10 weeks. However, the time table is dependent on the City being able to drain the tanks. in. JES will procure needed additional data as required through other services and/or subconsultants. iv. Provide a survey (existing conditions & topo) if necessary. If a survey is determined to be needed an additional proposal will be provided for the surveying for the design phase services. v. Geotechnical Data if required, with recommendations for foundation types. If a geotechnical foundation recommendation is determined to be needed an additional proposal will be provided for the geotechnical services for the design phase services. b. Preliminary Engineering Report: JES will then issue a Preliminary Engineering Report (PER) within sixty (60) calendar days after all the tanks are inspected. The report will include: i. Tank Evaluations: This report will include a full comprehensive evaluation each City of Pearland Water Plant Site tanks that include recommended repairs if needed. ii. Capital Improvement Plan (CIP): Once all tanks are evaluated, a comprehensive CIP that prioritizes the tanks in greater need for repair. The CIP will be updated to Smart Engineering. Smart Solutions. Mr. Sergio Becerril Page 2 March 25, 2021 include any new information or recommendations from the City's previous CIP. This s iii. Proposed Schedule: The report will also include proposed schedules of the Preliminary Engineering and Design Phase Services. iv. Cost Estimates: The PER will include a cost estimate for all recommendations and future projects with a 20% contingency. v. JES will review, consolidate, and prepare a written response to the City's comments. vi. Review report per comments and submit final report. vii. The report will present estimated cost with each tank cost (EST and GST) broken out at each location that will be rehabilitated. viii. Recommendations of Nondestructive Examinations (NDE), should equipment surface mitigation be required will be included in the report. The examinations will take place during the design phase and be completed within 30 days once JES receives authorization to proceed. Design Phase Services: a. Once the CIP is completed, JES will review the City of Pearland Engineering Design Criteria (EDC) for general requirements and begin design services for identified projects within the CIP. b. After receiving authorization from the Client, JES will immediately begin preparing the technical specifications, contract documents, and construction plans necessary to bid the rehabilitation project. i. Detailed construction plans at 60% (15 days after authorization) and 90% (30 days after authorization). ii. Project specification table of contents at 30%, and full specifications at 60% and 90% - including bid form and completed "front end documents" at 90%. iii. Submit 60% and 90% plans to Utility companies and coordinate work for relocation of service changes, if required. iv. Coordinate with external regulatory and permitting agencies including but not limited to TCEQ, TxDOT, Brazoria Drainage District 4, Fort Bend Drainage District & USACE (Army Corp of Engineers) as required. v. Provide Traffic Control plan and SWPPP plans and specifications, if required. vi. Submit plans for the City Engineer's signature and attend the Technical Review Conference (TRC) vii. Prepare bid sets for distribution via the City's e-bid system. The complete bid package will be submitted within forty-five (45) days once authorization to proceed is given. viii. Cost Estimates: Construction cost estimates will be included with the CIP. 3. Bid Phase Services: a. Bid Phase Services: JES will: i. Provide Imitation to Bidders and list of bid items to the Project Manager in an electronic form appropriate for the e-bid system fonnat. The City is responsible for advertising. ii. Provide electronic copy of bid -ready plans and project manual to the Project Manager for the e-bid system. iii. Chair pre -bid meeting, attend Bid Opening. iv. Respond in writing to questions from bidders and prepare addenda, coordinate with Project Manager as necessary. Smart Engineering. Smart Solutions. Mr. Sergio Bccerril Page 3 March 25, 2021 v. Prepare the Engineer's Recommendation of Award Letter following City's guideline for required content. vi. Attend City Council meeting to present the recommendation for award of Contract for Construction, vii. Produce and transmit to the selected contractor five sets of hard copy plans and project manuals, and one electronic copy to the Project Manager, in a format ready for execution with the City's Notice of Intent to Award (NOI). viii. This phase should be completed in fifteen (15) days. 4. Construction Phase Services a. Construction Administration i. Chair pre -construction meeting to provide information & answer questions. ii. Attend progress meetings with Construction Manager, Contractor & City of Pcarland (1-2 meetings per month). iii. Mileage Claims should be justified via Consultant's Accounting memos. "Other" under reimbursable needs to be spelled out. iv. Review, comment, and approve on Construction's submittals, RFIs, RCOs including coordination with Construction Manager on Change Directives & Change Orders using the City of Pcarland's Pro Trak system. v. Review & approve monthly pay applications coordinating with Construction Manager using the City of Pearland's Manage IT system. vi. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems. vii. Coordinate with Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation that items are completed; and issue both Certificate of Substantial Completion & Final Acceptance. viii. Issue letter to City recommending acceptance & release of final payment. ix. Coordinate contracts, CM/CI to provide complete record of As-Builts. x. Provide Record Drawings from Contractor's As-Builts in electronic format (CD) & hard copy format. xi. Schedule a project walkthrough eleven (11) months prior to the one (1)-year warranty expiration. xii. The estimated time for construction is 180 calendar days for substantial completion once the contractor is given authorization. The contractor should complete punchlist within 30 days. Smart Engineering. Smart Solutions. Mr. Sergio Becerril Page 4 March 25, 2021 Proposed Fee The preliminary' engineering services will be billed as a lump sum with an additional charge for the supplemental inspections. The design phase services will be billed as lump sum and the construction phase services will be billed hourly. The list below has an estimated cost. Preliminary Engineering: $15,000 Lump Sum Design Phase Services: $26,000 GST Lump Sum $72,000 EST Lump Sum Bid Phase Services $8,000 Hourly to not exceed Construction Administration $20,000 Hourly to not exceed Inspection Services $50,000 Hourly to not exceed Reimbursables 510,000 as approved by the City TOTAL: $201,000 Estimated The cost estimate includes the water tank inspections, assessments, development of a prioritization list which will include the design for all (20) tanks. It has been anticipated that the Liberty Water Plant's 500,000 gallon GST and 500,000 gallon EST and the McLean Water Plant's 500,000 gallon GST and 500,000 gallon EST will be rehabilitated first. The estimated construction administration and inspection services used the Liberty and McLean Water Plants recoating and rehabilitation for the proposal. No work will be performed without written authorization from the City. We appreciate the opportunity to work with you on this project. An executed copy of this proposal will serve as our notice to proceed with work. If you have any questions or comments, please contact us at richardiones@ionesengineeringsolutions.com Sincerely, Richard Janes, P.E. Vice President Smart Engineering. Smart Solutions.