R-2015-128 2015-07-27RESOLUTION NO. R2015-128
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a Master Services Agreement with Cobb Fendley for
Program Management Services.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for Program Management 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 Program Management Services.
PASSED. APPROVED and ADOPTED this the 27thday of July. A.D.. 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-128
Exhibit "A"
MASTER SERVICE AGREEMENT
This Master Service Agreement (MSA) (Agreement) is made this 27 day of July . 2015 by
and between the City of Pearland having offices at 3519 Liberty Drive Pearland Texas 77581.
hereinafter referred to as the "CLIENT" and Cobb, Fendley & Associates, Inc. (CobbFendley). a
company formed under the laws of the State of Texas and having offices at 13430 Northwest
Freeway, Suite 1100. Houston. Texas 77040. hereinafter referred to as "CONSULTANT "
WHEREAS. the CLIENT desires to contract with the CONSULTANT from time to time to provide
Program Management services to support the ongoing development of the Lower Kirby District:
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, Program
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 CLIENTS 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 2 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 3 CLIENT may also issue oral Task Orders to which CONSULTANT will respond with a written proposal.
1.4 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 5 In the event of conflict between the requirement of a Task Order and this Agreement. the Agreement
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will, in all cases, take precedence, unless a variance is specifically noted and agreed to by both parties.
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. CLIENTS 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 utilites.
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
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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 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 verba! 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
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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.
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
3.1 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
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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 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.
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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 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.
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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
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 CLIENT'S counsel, a fully executed Agreement for Expert
Service.
ARTICLE 15. NOTICE
15 1 At 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
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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.
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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:0:
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
COBB, FENDLEY & ASSOCIA`
IsW1I�
By
Printed Name: LJ Q.44eS 14.1. EO,S1 1A,..4
Title: Pr11%6;P4.1
7/29/i5
Date:
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ATTACHMENT A
TASK ORDER No. 1A
MASTER SERVICE AGREEMENT (MSA), Task Order No. IA
Pursuant and subject to the above captioned MSA dated '1- 3 6 15 between the City of Pearland
and Cobb. Fendley & Associates. CLIENT hereby requests that CONSULTANT performs the work
described below upon the terms set forth -
CLIENT PROVIDED INFORMATION:
Work Site: Hooper Road —
Work to Be Performed: Serve as the City's Project Manager for the Design and Bid Phase for Hooper Rd.
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): Costs include reproduction costs and mileage.
Invoice Mailing Instructions:
Other Requirements or Variance from MSA (if any): N/A
CONSULTANT PROVIDED INFORMATION:
Compensation: $7,960
Billing Terms: Lump Sum
Scope of Work.
CobbFendley will provide Project Management for the Design and Bid Phase for the Hooper Road project.
This will include plan review coordination between Engineer of Record and City Staff. Constructability review
of the 90% plan set, attend and coordinate Pre Bid meeting and associated tasks that result from the
meeting. This scope of services will be generally in line with BASIC SERVICES 1.1 — 1.4 as described in
Exhibit C — Program Management Scope of Services.
ACCEPTANCE:
The foregoing TASK ORDER is accepted on the terms set forth as indicated by the signatures below.
CONSULTANT CLIENT
COBB, FENDLEY & Assoc! T f , INC City of P
By.
Printed Name:
Title: l ("kC
/7—Date: 1 P
By:
Rvle M. g'As�""`�
5 Printed Name:
Title: City Manager
Date
July 27, 2015
CobbFendley
ATTACHMENT A
Manhour Estimate
Project Title: Hooper Rd (Lower Kirby Program Management)
Task Order No. 1A
Design and Bid Phase Project Management
5/21/2015
Design and Bid Phase Duration
60 Days
2 months
Hours/Month
TOTALS
Labor Cost
List of classifications and rates
Month 1
Month 2
Design/Bid Phase
Senior Project Manager
Project Engineer
Clerical
Senior Project Manager
$190
S130
$70
Design and Bid Phase Duration
60 Days
2 months
Hours/Month
Notes:
1. Project Manager hours are based on average 2 hours per week with a 8 week duration, for Design Review and Bid
meetings, plan reivew and correspondence with Bid Package preparation in month 2
2. Project Engineer hours are based on plan review and coordination with Bid Package for 8 weeks at 4 hours per week
3. Mileage is based on 2 site visits during design and 2 Meetings
TOTALS
Labor Cost
Month 1
Month 2
Design/Bid Phase
Senior Project Manager
16
$ 3,040
8
8
Project Engineer
32
$ 4.160
16
16
Clerical
8
$ 560
4
4
Total PM Labor Costs
$ 7,760.00
Total Equip/Misc Cost (See Below)
$ 200.00
Total Costs
$ 7,960.00
Units/Month
Equipment and Misc Cost Items
Month 1
Month 2
Supplies
$
100 00
$ 100 00
Cell Phones/pagers
Computer (hrs/month)
Mileage @ $0.575/mile
170
$ 100
$
20
S
20
Subtotal
S 200
$ 200
Notes:
1. Project Manager hours are based on average 2 hours per week with a 8 week duration, for Design Review and Bid
meetings, plan reivew and correspondence with Bid Package preparation in month 2
2. Project Engineer hours are based on plan review and coordination with Bid Package for 8 weeks at 4 hours per week
3. Mileage is based on 2 site visits during design and 2 Meetings