R-2016-026 2016-02-08RESOLUTION NO. R2016-26
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract for traffic engineering services with Cobb, Fendley & Associates, Inc.,
in the amount of $52,761.00, for fiber optic cable design services associated
with the Bailey Road Expansion Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for traffic engineering services associated with the Bailey
Road Expansion 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 traffic engineering services associated with the Bailey
Road Expansion Project.
PASSED. APPROVED and ADOPTED this the 8th day of February, A.D., 2016.
ATTEST:
LO-1T,NG
Y SEC'4ARY
APPROVED AS TO FORM:
ARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2016-26
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Cobb, Findley & Associates. Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Bailey Oiler Fiber Ontic Cable Desien ("PROJECT"). (Project #T08002)
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 provide 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 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 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.
Design 1 of6 DI. Revised 1/14
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 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. 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.
Design 2 of 6 DI. Revised 1/14
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.
SECTION 1I - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end 106 calendar days after the Notice to
Proceed is issued.
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) $52361.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Lump Sum): 0
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services (Hourly Not to Exceed)
5. Reimbursable Expenses (Not to Exceed)
6. Total:
0
0
0
$52,761.00
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.
Design 3 of6 DI. Revised 1/14
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.
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 1506 E. Broadway, Suite 201, Pearland, Texas
77581. 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 151h 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.
Design 4 of DI. Revised 1/14
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.
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 of 6 DI. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
4/10 I 6)
CITY PEVA AND, TEXAS DATE
?- /6
CONSULTAN DATE
Design 6of6 DI. Revised 1/14
CobbFendley
December 12, 2015
Mr. Skipper Jones
City of Pearland
3519 Liberty Dr
Pearland, TX 77584
Re: Bailey Oiler Fiber Optic Cable Desirn
Proposal for Traffic Engineering Services
Dear Mr. Jones:
Cobb, Fendley & Associates, Inc. is pleased to propose traffic engineering (ITS Design)
services to you in connection with the Bailey Oiler improvement project. Please find attached to
this letter a description of the services to be provided by Cobb, Fendley & Associates, Inc. as
well as a fee schedule shown in "Exhibit A".
The opportunity to propose professional traffic engineering services is appreciated and we look
forward to working on this project with you.
Sincerely,
COBB, FENDLEY & ASSOCIATES, INC.
Mark Ingram, PE
Principal
CobbFendley
SERVICES TO BE PROVIDED BY COBB, FENDLEY & ASSOCIATES, INC.
Bailey / Oiler Drive — Fiber Optic Cable (signal communication) Design
Proiect Description:
The scope of work identified below is to perform the design of a fiber optic cable conduit from State
Highway 35 to FM 1128 in Pearland, Texas.
Scope of Work:
Task 1 — Kick -Off Meeting
The purpose of the kick off meeting is to discuss the project management plan which includes, scope,
schedule and budget. A communication protocol will be established and regularly scheduled meetings
will be set. The kick off meeting will include an outline of future deliverables as per the milestone based
schedule as well as to establish procedures to follow from project kick off to completion.
Deliverable:
1. Meeting Minutes
2. Project Schedule
Task 2 — Fiber Optic Cable Conduit and Fiber Optic Cable Signal Communication Design
Plan sheets from design for Bailey will be used for the fiber optic cable design. Existing CAD files
(PROVIDED BY THE CITY OF PEARLAND) will be utilized for the segment of Bailey Road between SH
35 and Veterans Drive.
Design will consist of
• 4" conduit with innerduct
• Junction boxes
• 48 strand single mode fiber optic cable
• Controller connection detail will be revised to reflect underground fiber in lieu of the current
aerial design.
• Bridge crossing details will be based on TxDOT standards and specifications.
• Railroad coordination is anticipated for the conduit placement on the bridge over the BNSF
railroad. City of Pearland will address permitting and railroad coordination.
Deliverable:
1. Signed and sealed engineering plans for construction of the fiber optic cable conduit with
innerduct.
2. Pearland standards (where applicable), TxDOT standards (where needed).
Exhibit "A"
Project: Bailey Rd - FM 1128 to SH 35 (city of Pearland)
Description: ITS Improvements
Method of Pav Lump Sum
Task Description (Lump Sum) Task Principal
Cost Hours
51.470.00
!F Y� GlJ[fn11na0orlt 51.350.00 1
548000 3
1104 5010e1 51.015.00
Index of Sheets 8905.00
1 General Notes St9t{�,1QQ
Fiber De FM 1128 to Veterans 05, 97 Sheetal 520 ititiz 2
Fiber �. Veterans Dr to SH 35 ( Sheets) 516740.00 1
Fiber 51.905.1X1
�5npnf�icabl,yr-t(8 TxOOT Standards 51.225.00
C-VistruCleft G4limate and Quantities 51.(40.00
1 Hours Subtotals 7
Contract Rate Per Hour
1 Subtotal Labor Costs
1 Direct Esi osos
1 Vehlcit Mfleaoe - (Current State Rate)
11} Jar Prints
V(etoce0ies RA& fUo to 11" X 17"1
1 Direct Expenses Subtotal
1 TOTAL COST (LUMP SUMI
Project Projoct Design Engineer
Manager Engineer Engineer EIT Tech
Hours Hours Hours Hours Hours
6
3
CAVO
Operator
Hours
2 2
1 1 1 22
1
1 1 1 1
11 2 2 1
16 30 60 30
4 8 24 40 24 1 40
1 1 2 3 3I 6
1 1 1 3 1 } 3
1 1 2 4 I
27 30 65 117
Project
Principal Manager
5260.00/HR. S190.00/HR.
51.820.00 55.130.00
Unit
Mile
Each
Each
Quan `((v
60
200
Project Design
Engineer Engineer
8150.00/HR. S130.00/HR.
54.500.00 58.450.00
Unit Cost
5 0 575//
$ 12.062
S 0.15 I
Cob'_)Fendley
Cobb, Fcndley & Assorias, Inc.
1506 1.1. Broadway, Suit: 20 l Pcadand, TX
Clencal
Hours
61 115 1
Engineer
EIT Tech
5110.00/HR. $125.00/HR.
512.870.00/1 57.625.00
CADO
Operator Clerical
$100.0001R. $70.00/HR.
511.500.0(/ 1 570.00
1
Total I
Labor
Hours
8
8
8
8
9
206
4
10
6
423
Labor
Subtotal
551.965.00
Subtotal
S 46.00
S 720.00
S 30.00 1
796.00 1
5 52761.00 1
Bailey Fiber Design
ID :ask Name
1 Bailey Rd Fiber
2 Notice to Proceed
3 Project Kickoff Meeting
4 Coordination with City to Obtain CAD Files, etc
6 60% Fiber Design
6 60% Submittal
60% Review
8 90% Fiber Design
9 90% Submittal
10 90% Review
11 100% Fiber Design
12 100% Submittal
Project Bailey Fiber
Date. Fri 1/22/16
Task
Task Progress
Critical Task
Critical Task Progress
Milestone
Summary
PROJECT SCHEDULE
Subject o Change
Duration I Start I Finish 1 Marts /yMl k�av� hyy� Y�y` /fi r
P I M I F R IJI I F R 1 1 F A l 14t 1 E B I I1 1 E B/ I E
106 dal4 Tue 3/15/16 Fri 8/12/161
0 days Tue 3/15/16 Tue 3/15/16 • 3/15
1 day Tue 3/15/16 Tue 3/15/16
10 days Wed 3/16/16 Wed 3/30/16
20 days Thu 3/31/16 Wed 4/27/16
0 days Wed 4/27/16 Wed 4/27/16
25 days Thu 4/28/16 Thu 6/2/16
15 days Fri 6/3/16 Thu 6/23/16
0 days Thu 6/23/16 Thu 6/23/16
25 days Fri 6/24/16 Fri 7/29/16
10 days Mon 8/1/16 Fri 8/12/16
0 days Fri 8/12/16 Fri 8/12/16
• 1/27
40 Split 1 1 Baseline Task
reiseeramemp Task Progress Baseline Milestone
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