R-2015-017 2015-01-26RESOLUTION NO. R2015-17
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract for construction management and inspections
services, associated with the Kirby Drive Expansion Project (Broadway
to CR 59), to Jacobs Project Management Company, in the amount of
$182,293.68.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and inspection
services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for construction management and inspection
services associated with the Kirby Drive Expansion Project.
PASSED, APPROVED and ADOPTED this the 26th day of January, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2015-17
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Jacobs Project Management Co. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and Inspection
Services for a project known and described as Kirby Drive Expansion ("PROJECT"). (Project #
TR1404)
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform Construction Management and Construction
Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The
PROJECT schedule shall conform to the construction schedule.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
C. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
D. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
Design 1 of 6 D3. Revised 1/14
(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. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
F. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
Design 2 of 6 D3. Revised I/14
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work.
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. Constructability Review (Lump Sum) $5,160.68
2. Construction Management Services (Hourly Not to Exceed) $43,985.40
3. Construction Observation Services (Hourly Not to Exceed) $126,647.60
4. Reimbursable Expenses (Not to Exceed)
$6.500.00
5. Total: $182.293.68
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT's status as an
independent contractor of the CITY.
Design 3 of 6 D3. Revised 1/14
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 Jacobs Project Management Co., 5995 Rogerdale Road,
Houston, Texas 77072. 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 15t1i 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 4 of 6 D3. Revised 1/14
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.
Design 5 of6 D3. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
Fr-14S—
DATE
CONS TANT DATE
Design 6 of 6 D3. Revised 1/14
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
Kirby Drive Extension Phase II
Construction Management 1 01 11 D5. Revised 12/14
BASIC SERVICES: Construction Manager(s) 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. Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record's project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities, for 100% Documents and attend one review meeting.
1.2. 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.
1.3. Chair Pre -Construction Meeting
1.3.1. Schedule and conduct the pre -construction meeting;
record and disseminate minutes from pre -construction
meeting.
1.3.2. Utilize the City's Pro -Trak system: set
communications protocol and contract administration
procedures, establish progress meeting schedule and
submittal schedule.
1.3.3. Provide agenda for meeting: Key milestone dates,
pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities,
contractor's use of City's Pro -Trak system, etc.
Construction Management
2 ut I 1 D5. Revised 12/14
2. Construction Administration and Management 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: Schedule and conduct 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. Schedule 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.
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. Manage 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.
Construction Management
D5. Revised 12/14
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
monthly. ensure compliance with City's intended
schedule. and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly 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.
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. Maintain records of all decisions, actions and activities with regard
to construction operations (i.e. Change Orders, RFIs and
responses, Submittals and responses, Request for Proposals,
correspondence, SWPPP inspections.)
Construction Management 1 oi I 1 D5. Revised 12/14
3. Construction Inspection Services
3.1. Provide full-time (up to 50 hours per week) 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.
3.1.1. Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non -Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2. Identify record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
Construction Management
01 I I D5. Revised 12/14
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
3.3. Prepare and maintain daily progress log or daily construction
reports, photographs and records for turnover at completion of
project. Provide a copy of daily progress log that includes quantities
installed that day to the City Project Manager on a weekly basis,
utilizing City's Pro -Trak system.
3.4. Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
3.5. Attend and participate in progress meetings.
3.6. Create contract for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store in
City's Pro -Trak system.
3.7. Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
3.8. Maintain Resolution Log and respond to citizen complaints in Pro -
Trak system.
3.9. Consult with City Project Manager and Design Engineer in advance
of scheduled major work operations, tests, inspections or start of
important phases of project.
4. Pay Applications
4.1. Produce and prepare independent progress based pay applications
on a monthly basis for all work in compliance with contract
documents. Review and verify quantities provided by contractor.
4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
Construction Management
c, oI I I D5. Revised 12/14
submitted by contractor; Meet weekly with contractor
to verify work conducted and bid item quantities; meet
monthly to review pay estimate and quantities with
contractor
4.1.2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4. Provide City Project Manager with one original with all
original signatures for processing and payment by the
10th day following the cut off date for pay applications.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time daily and
monthly.
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over -runs as part of pay
estimate review.
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities. Identify and add additional quantities and make any
approved changes to the Contract Time.
4.2.1. Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
5. Document Control
5.1. Utilize the City's Pro -Trak system to: receive. route, track and log
all Contractor communications, Submittals, Change Orders, RFIs,
Construction Management
f 11 1)5. Revised 12/14
Pay Applications and Citizen Complaint/Resolution Log;
communicate with Contractor the status of submittal reviews; create
and keep a submittal and RFI log showing status; notify City Project
Manager. Contractor and Design Engineer of time critical issues.
5.1.1. Respond to RFIs when such response does not
require the Engineer's opinion or expertise or
direction from City.
5.1.2. 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.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner.
Provide RFP and contractor proposal for additional work to City
Project Manager and Design Engineer for review and approval.
Log and track status of RFP and Responses from Contractor, City
and Design Engineer.
6.2. Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor's response/proposal for merit, cost,
time, accuracy and price practicality. Negotiate with Contractor on
City's behalf if required.
6.3. Prepare Change Order and documentation including signatures of
Contractor, Engineer and Construction Manager for delivery to City.
7. Testing Laboratory and Results
7.1. Coordinate testing laboratory activities with Contractors activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports for file. Review results with Contractor.
Construction Management
8 I11
D5. Revised 12/14
Monitor any corrective action and re -testing for compliance.
Maintain compliance with City's specifications
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to daily activities.
8. Project Completion and Close out
8.1.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. 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.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor — forward to Engineer for review.
Collect Contractor's closeout documents to review for
completeness and accuracy. including; affidavits of final payment,
final pay estimates, as built records, redlines and drawings. Once
received, forward to Design Engineer along with any supporting
documentation.
8.2.1. Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
8.2.2. Provide indexed project files, redline plans and as -
built or record drawings to City.
8.3. Conduct Project Close -Out Meeting.
Construction Management
of I I D5. Revised 12/14
8.4. Prepare and recommend final payment application. Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.
8.5. Consult with City on any potential Warranty items requiring repair or
replacement.
9. Warranty Period
9.1. 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.
9.2. Provide staff to conduct and participate in the warranty inspections.
9.3. Prepare list of non conforming work for presentation to the City
Project Manager, Design Engineer and Contractor.
9.4. Oversee repairs for non conforming work with Contractor.
9.5. Submit final report on completed warranty repairs.
10.Additional Items
10.1. Construction Manager 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.
10.2. Construction Manager shall not be responsible for the acts
or omissions of any Contractor, other Subcontractor, or Supplier,
or of any of their agents or employees or of any other persons
(except Construction Manager's own agents, employees, and
Consultants) at the Site or otherwise furnishing or performing any
Work; or for any decision made regarding the Contract Documents,
Construction Management
10 of 11 D5. Revised 12/14
or any application, interpretation, or clarification, of the Contract
Documents, other than those made by the Construction Manager.
10.3 Force Majeure - Any delays in or failure of performance by
Consultant or City, other than the payment of money, shall not
constitute default hereunder if and to the extent such delays or failures
of performance are caused by occurrences beyond the reasonable
control of City or Consultant, as the case may be, including but not
limited to, acts of God or the public enemy; compliance with any order
or request of any governmental authority; fires, floods, explosion,
accidents; riots, strikes or other concerted acts of workmen, whether
direct or indirect; or any causes, whether or not of the same class or
kind as those specifically named above, which are not within the
reasonable control of City or Consultant respectively. In the event that
any event of force majeure as herein defined occurs, Consultant shall
be entitled to a reasonable extension of time for performance of its
Services.
Construction Management
11 of 11 1)5. Revised 12/14
JACOBS
December 22, 2014
City of Pearland
3519 Liberty Drive
Pearland. Texas 77581
Attn: Jennifer Lee
5995 Rogerdale Road
P.O. Box 53495
Houston; Texas 77072-3495 USA
1.832.351.6000 Fax 1.832.351.7766
Subject: Kirby Drive Extension Phase II, Project No. TBD, Proposal for Construction
Management and Construction Inspection Services
Dear Ms. Lee,
This letter is to provide our proposal to provide Construction Management and Inspection
services for the above referenced project. We intend to provide 50 hours per week on site
inspection (based on 6 months duration), administration, and management services in
accordance with the City's standard scope of services and as amended in Section 10 of Exhibit
A. Our proposal includes services for preconstruction, construction phase, closeout, and
warranty period as per the below Summary of Fees:
1. Constructability Review (Lump Sum):
2. Construction Management Services (Hourly):
3. Construction Inspection (Hourly):
4. Reimbursable Expenses (Not to Exceed):
$ 5,160.68
$ 43,985.40
$ 126,647.60
$ 6,500.00
The total cost of services. as summarized shall be $ 182,293.68 and is based on our budget
effort sheet attached. If you need any additional information please contact me at 832.351.7225.
JACOBS PROJECT MANAGEMENT CO.
Hugh D. Brightwell
Sr. Construction Manager
HB/hdb
Attachments
Cc: File
B. Barnes
K. Ellis
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