HomeMy WebLinkAboutR2023-165 2023-07-10DocuSign Envelope ID: 9B5F4B06-9C2E-436D-BE54-AAB93054328C
RESOLUTION NO. R2023-165
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
professional service contract with Cobb, Fendley & Associates, for
engineering services associated with Fiber Backbone Project (Magnolia from
Cullen Parkway to Business Center Drive), in the estimated amount of
$53,346.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services associated with Fiber
Backbone 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 professional services associated with Fiber Backbone
Project.
PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2023.
DocuSigned by:
9z
'-B4881A61593r4r2..
J. KEVIN COLE
MAYOR
ATTEST:
DocuSigned by:
90 1'...
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
DocuSigned by:
— E 13CAC9CBB 1 F4B0
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 0B779407-C8A8-493E-9EF8-6E0A8FCEA674
Exhibit A
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Cobb Fendley & Associates, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Fiber Backbone (Magnolia Pkwy, from Cullen Pkwy to Business Center Dr.)
("PROJECT"). (Project #FA2301)
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 professional 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 be AutoCAD compatible and all other
documents shall be 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 TIE 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
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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 S1,000,000 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 51,000,000 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.
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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end February 10, 2026.
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 (Not to Exceed)
2. Additional Services shall require independent and specific
authorization and shall be billed as (Not to Exceed):
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services (Hourly Not to Exceed)
5. Reimbursable Expenses (Not to Exceed)
6. Total:
$41,494.00
$4,252.00
$6,998.00
$602.00
$53,346.00
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
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performing any work or submitting any invoices for work that exceeds the fixed
contract amount under any expense category.
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 invoked 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.
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 -
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consultant(s) or in any way affect the CONSULTANT'S status as an independent
contractor of the CITY.
SECTION V - TERMINATION
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 1920 Country Place Parkway, Suite 400, Pearland, TX
77584.. 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 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.
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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,
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_
DocuSigned by:
7/11/2023 I 8:48 AM CDT
r838D12D1C746423'EA...
CITY Oi RLAND, TEXAS
30IZcZ3
CONSULTANT DATE
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:Ej' CobbFendley
June 19, 2023
Mr_ Jamieson Appel, P.E.
Director of Engineering
City of Pearland
2016 Old Alvin Rd
Pearland, TX 77581
Re: FA2301 — Fiber Backbone (Magnolia Parkway, from Cullen Parkway to Business Center Drive) -
Proposal for Traffic Engineering Services
Dear Mr. Appel,
Cobb, Fendley & Associates, Inc. (CobbFendley) is pleased to submit our proposed traffic engineering services
scope and fee estimate for the design of a new 2.64 -mile fiber optic connection between City's existing network
connection at the Cullen Parkway and Magnolia Parkway intersection traffic controller cabinet and extending
the fiber network along Magnolia Parkway to the Magnolia Parkway 1 Business Center Drive intersection traffic
controller cabinet. This project will add six traffic signal controllers along Magnolia Parkway to the City's fiber
optic network_ Intersections to be added to the fiber network are:
• CR 89 (Cullen Parkway) at Magnolia Parkway (network connection point)
• Morgan Road at Magnolia Parkway
• CR 90 at Magnolia Parkway
• Smith Ranch Road at Magnolia Parkway
• SH 288 at Magnolia Parkway
• Business Center Drive at Magnolia Parkway
The fiber backbone will connect to the fiber network at the Cullen/Magnolia traffic signal controller cabinet will
traverse east to west from the Cullen Parkway 1 Magnolia Parkway intersection until the CR 90 / Magnolia
Parkway intersection where the fiber conduit will cross beneath Magnolia Parkway from the southeastern corner
to the northeastern corner then connect to the CR 90 / Magnolia Parkway controller cabinet on the northwestern
corner. After the CR 90 f Magnolia Parkway traffic controller cabinet, the fiber backbone will traverse east to
west along the northside of Magnolia Parkway until it reaches Business Center Drive and its respective traffic
signal controller cabinet. The fiber optic connection will carry 96 -strand and a 12 -strand single mode fiber the
entire project length of approximately 13,932 feet.
Construction administrative services are included in the scope of services and fee estimate to assist the City
with submittal reviews, change order requests, and pay estimate reviews and approvals.
Please find attached to this letter a description of the services to be provided by CobbFendley, in "Exhibit A" as
well as a fee schedule shown in "Exhibit B."
CobbFendley appreciates the opportunity to propose these professional traffic engineering services to the City
of Pearland and we look forward to working on this project with you.
Sincerely,
COBB, FENDLEY & ASSOCIATES, INC.
Karl Rottiermel, P_E., PTOE
Senior Associate / Senior Project Manager
1920 Country Place Parkway. Suite 400 I Pearlanct, Texas 77554 1281.993.4952 I fax 281.993.8085 I www.cebblendley.com
TSPE Firm Regieration No F-274 I TBPLS Regislratrora No. }0048703
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EXHIBIT A
UTILITIES SCOPE OF SERVICES
FOR
FIBER BACKBONE
(MAGNOLIA FROM CULLEN TO BUSINESS CENTER)
FA2301
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BASIC SERVICES: The Consultant shall render the following professional
engineering services to the OWNER in connection with the design of the Project.
Project Management
1. Project Meetings
a) Design Kick -Off meeting with City.
b) 60% Submittal review and minutes
c) 90% Submittal review and minutes
d) Technical Review Committee (TRC) meeting and minutes
2. Invoicing to be completed using the City's current project management
system to include progress report and receipts for reimbursables.
Preliminary Design Phase Services
1. Data Collection
a) Attend Design Kick -Off meeting with City.
i. Review City informational resources and make arrangements to
obtain these.
ii. Discuss objectives of project and adjacent projects.
b) Procure such additional data as required through other services and/or
sub consultants.
Design Phase Services
1. Construction Plans
a) Prepare Construction Plans and Specifications
i. Submit for review detailed construction plans at 60%, 90%, &
TRC.
ii. Coordinate with external regulatory and permitting agencies,
including but not limited to TCEQ, TXDOT, Brazoria DD #4 &
Harris County Flood Control & USACE (US Army Corp of
Engineers).
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iii. Provide Traffic Control Plan and SWP3 plans and specifications, if
required.
iv. Submit plans for City Engineer's signature.
v. Prepare Bid Set for distribution via the City's e -bid system.
b) Cost Estimates
Submit for review detailed construction cost estimates at 60%, 90%,
TRC, & Bid Set.
2. Project Manual
a) Submit for review Draft Project Manual which includes bid form &
completed "front end documents" at 90%.
b) Submit Final Project Manual for TRC and Bid Set.
Bid Phase Services
1. Bid Phase Services
a) Provide Notice to Bidders (NTB) and list of bid items to the Project
Manager in an electronic form appropriate for the e -bid system format.
City is responsible for advertising.
b) Provide electronic copy of bid -ready plans to the Project Manager for
the e -bid system.
c) Chair pre -bid meeting and attend Bid Opening
d) Respond in writing to questions from bidders and prepare addenda,
coordinate with Project Manager as necessary.
e) Assist with design of Bid Proposal*
f) Prepare Engineer's Recommendation of Award Letter that includes the
following required content:
i. Check for math errors and reconcile any mathematical
discrepancies
ii. Review for unbalance bid items
iii. Certified Bid Tabulation including Engineer's estimate
iv. Review of contractor's financial standing and references provided
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v. Explanation of discrepancies between the Engineer's estimate
and bids
vi. Recommendation to award
2. Attend City Council meeting and recommendation for award of Contract for
Construction.
3. Produce and transmit to selected contractor four (4) sets of plans and project
manuals in hard copy, and one electronic format copy to Project Manager, in
a format ready for execution with City's Notice of Intent to Award (NOI).
*This is the use of bid strategies to attain lowest possible prices for work, use of
alternatives, etc.
Construction Phase Services
1. Construction Administration
a) Attend pre -construction meeting to provide information & answer
questions.
b) Attend monthly progress meetings with Construction Manager,
Contractor & City of Pearland.
c) Review & comment on Construction's submittals, RFIs, RFPs including
coordination with Construction Manager on Change Directives &
Change Orders using the City of Pearland's Pro Trak system.
d) Review & approve monthly pay applications coordinating with
Construction Manager using the City of Pearland's Pro Trak system.
e) Provide interpretive guidance for Contractor, Construction Manager in
resolution of problems.
f) 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.
g) Issue letter to City recommending acceptance & release of final
payment.
h) Coordinate contracts, CM/CI to provide complete record of As-Builts.
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i) Provide Record ❑rawings from Contractor's As-Builts in electronic
format (CD) & hard copy format to include shape file for GPS location
of underground utilities.
Definition:
1) As-Builts "redlines": Contractor's record of field changes to the work in line,
grade & elevation
2) Record Drawings: Engineer's incorporation of contractor's As-Builts
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a 162023
Project:
Description:
Method of Pa
City of Pearland
Fiber Backbone
(Magnolia from Cullen to Business Center)
Design: Lump Sum I Construction Admin: Not to Exceed
Task Description
Project
Manager
Hours
Project
Engineer
Hours
EIT
Hours
Clerical
Hours
Total
Labor
Hours
1. Project hbnagerr`ent
5
24
0
B
$1
Coordination and Invoicing
2
Meetings and Minutes _
3
12
2. Design Ptiese Services J
21
66
96
4
163
Field visit
7
7
60% Plan Design
5
16
26
90% Plan Design
4
13
24
-
Technical Review Committee Submittal
3
11
14
Final Bid Package Submittal
3
7
11
TxDOT UIR permit
4
6
7
Brazoria Drainage District #4 parcels j3 total}
2
6
7
3. Bid Phase Services
Pre -Bid Meeting
1
Request for Information Responses
1
2
2
Engineers Recominantlation of Award
1
4
Contract Award Meeting
2
Plan Distribution to Contractor
1
4
4
4 Construction Administrative Service$
10
16
6
0
$2
Pre -Construction Meeting
4
Submittal Reviews
2
d
Charge Order Reviews
2
4
Pay Estimate Reviews
2
4
Record drawings
4
t#
Hours Subtotals
42
108
108
10
25,8
Contract Rate Per Hour
Project
Manager
$275.00IHR_
Project
Engineer
$201.00IHR.
EIT
$172.00iHR.
Clerical
$91.00/HR.
Labor
Subtotal
Project Management
$1,375.00
$4,020.00
$D_00
$546.00
55,941.40
Design Services
$5,7755.00
$13,266O4
$16,512.00
$Q_d0
335,553.00
Subtotal Labor Costs (Lump Sum
$41404.00
Contract Rate Per Hour
Project
Manager
$275.00IHR_
Project
Engineer
$201.00fHR.
EIT
$172.00IHR.
Clerical
$91.00/HR.
Labor
SubtotaI
Rid Phase Services
$1,6.50.00
$1,206.00
$1,032.00
$264.00
54,252.00
Construction Admin Services
$2,750.00
$3,216.00
$1,032.00
$0.00
50,908.00
Subtotal Labor Costs (Not to Exceed)
511.250.00
Direct Expenses
Quantity
Unit Cost
_
Subtotal
Vehicle Mileage - (Current State Rate)
75
$ 0.560
$ 42.00
Shipping (Plan Distribution)
1
$ 100.00
$ 100.00
Printing Mylar (Up o 11' X 17"}
-
3 3.50
-
Printing BIW (Up to 71' X 1T
446
$ 0.15
$ 60,00
Printing Color (Up to 11' X 17')
240
3 1.50
$ 304.00
ReportBinding (Including Covers}
d
$ 25.00
$ 100.00
Direct Expenses Subtotal (Not to Exceed} -- $ 602.00
TOTAL COST
$ 53,346.00I
:EziP CobbFendley
Cobb, Fendley & A#90aalea, Inc.
TIIPE Firm Rogor avoo Ne. 274
i'J20 Cnurshy Place Parkway. Swin 406 I Pcarland TX 7564
Phone: 28] .993.4952 I Fax: 2E1..99.3.8066
DocuSign Envelope ID: 0B779407-C8A8-493E-9EF8-6E0A8FCEA674
House Bill 89 Verification
I, Mark Lorance (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Cobb, Fendley & Associates, Inc. (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 does not include an action
made for ordinary business purposes_
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
e day of 7-114e.., 20.
titi4"ur'4 ROBERT DURAN
;err �N4tary ?ublie, Slam of Texas
s ti f Comm, Expires 05-05-2025
*4.18 ��,`ti,'*`` Notary ID 125249686
/46-014*--11.-tetee4-,
Notary Public
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