R2006-028 02-27-06
RESOLUTION NO. R2006-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH ESPA CORP,
INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE CORRIGAN
DRAINAGE PROJECT (PHASE III).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and ESPA
Corp, Inc., 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 with ESPA Corp, Inc., for inspection services
associated with the Corrigan Drainage Project (Phase III).
PASSED, APPROVED and ADOPTED this the 27th day of February
A.D., 2006.
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MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-28
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and ESPA Corp. (hereinafter "Engineer") as follows:
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1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide Construction Management and Inspection Services for
the Corrigan Drainage project.
En ineer/Subconsultant(s
ESPA Cor.
Fee
$99,202.50
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Maximum Contract Amount $99,202.50 J_ump ~bll'fl ~ J ,I
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: See schedule
Attachments: Scope of Services - Exhibit A
Cost Proposal - Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual low bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
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If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
3
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer 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 Engineer, 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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer 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, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnitv. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above proVIsions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
5
EXECUTED and EFFECTIVE as ofthe27th day of February
CITY OF PEARLAND
By 4-1Jr
Printed Name: Bi 11 Ei sen
Title: Ci ty Manager
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STATE OF TEXAS
COUNTY OF ;:~ (L;:~~
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ENGINEER
By '=t/fY-.~
Printed Name: }cAe UI.J .f.t: EE Il..Af\1 A
Title: PR..l:-~' ,)) cl'-'T
II BI;FO~E. ME, the undersigned Notary Public, on this day personally appeared
I.J-t.~ Lc I $......,-- , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
) '- ~IVEN UNDER MY HA~9 AND
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STATE OF TEXAS
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SEAL OF OFFICE THIS .l?V;-,..I1-'DA Y OF
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Printed Name: IC.()~ 1-, ').j LC::~
My Commission Expires: ~7) / c '"
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u~ ^ , ,~EF6RE ME, thEf undersigned Notary Public, on this day personally appeared
rWUl/Y/~V , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
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UNDER MY HAND AND
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My CommiSSioneExof Texas
O Pires
ctober 18. 2009
6
CITY OF PEARLAND
PROJECT WORKS
CONSTRUCTION MANAGEMENT & INSPECTION
PROPOSAL FOR CORRIGAN DRAINAGE PROJECT
February 15, 2006
ESPA
COR P
ENGINEERS SURVEYORS PLANNERS . ASSOCIATES
7120 GRAND BLVD.
SUITE 100
HOUSTON, TX 77054-3408
TELEPHONE 713.680.0080
FAX 713.680.0738
espa@espacorp.com
CONSTRUCTION MANAGEMENT SERVICES SUMMARY
ESPA CORP Construction Management Program will provide a system to enable the City
of Pearland - Project Works to manage and administer the contractor's contract, process
and file all construction related documents and inspect and report the progess of each
construction project. Our Construction Management Program is composed of the
following services:
Project Management
· Project Start-up
· Contract Administration
· Construction Progress Meetings
· Evaluating and Negotiating Change Orders
· Problem Solving/Issue Resolution
Construction Administration
· Processing RFI's
· Processing Submittals
· Processing Pay Estimates
· Document Control (Filing System)
· Data~ase Development & Management
Project Controls & Closeout
· Tracking and Reporting Project Cost
· Tracking and Reporting Project Status
· Tracking and Reporting performance measures for Projects
· Tracking and Reporting Closeout of Projects
I nspection/Site Observation
· Daily Construction Reports
· Notices of Nonconformance
· Punch Lists
· Substantial/Final Inspection
· Warranty Inspections
· Constructability Reviews
· Project Cost Audits
ESPA CORP SCOPE OF SERVICES
1. Construction Proiect Manaaement Services
Upon request by the City, the Construction Project Manager shall perform the following
services:
a. Discuss design clarifications and recommendations with the Director to assist the City in
resolving field problems relating to the construction.
b. Perform, together with the City's representatives, observations of the construction site
to determine the dates of substantial and final completion of the work. Construction
Project Manager shall make a recommendation to the Director as to the proper date for
the issuance of the final certificate of payment.
c. Observe the construction site, together with the Director, no less than thirty days and no
more than forty-five days before the expiration of the correction period established by
the Construction Documents. Further, the Construction Project Manager, within
fourteen days after such observation, shall furnish the Director with a written report
enumerating items that require repair or replacement as provided under the correction
period provisions of the Construction Documents.
d. Prepare and maintain an overall construction schedule. The Project master schedule,
(independent from but based on the construction contractor's schedule) shall indicate
duration, responsibility, and sequencing for major construction activities. Establish
overall duration, identify critical activities, and monitor and report the status of key
decisions and issues influential to the progress of the work.
e. Review and provide recommendations regarding the proposed construction schedule
submitted by the construction contractor and updates thereof.
f. Assist the City in conducting pre-construction meetings, and record and distribute
records of such meetings.
g. Prepare and process construction contract change orders. Maintain a record of all field
orders, directives, time extensions, and requests for information, proposals, and change
orders. Evaluate and negotiate change orders as authorized and approved by the
Director and make recommendations regarding change orders to the Director.
h. Assist the City with the analysis and defense of claims relating to the Project and
maintain Project records to support this effort.
i. Assist the City in the completion and acceptance procedures and tests required for the
Project.
j. Administer the construction contract to achieve timely completion of the construction of
the Project.
k. Provide advice, reviews, and assistance to City and the Engineers in connection with
the construction of the Project.
I. Assist City and Engineers with all utility corporations and governmental agencies
regarding crossings, closings, and/or relocations. These shall include but not be limited
to: railroads, transit lines, power companies, telephone and telegraph companies, gas
line corporations, adjacent municipalities, county agencies, water supply and sewerage
districts, drainage and levee districts, and other local public entities.
m. Perform review, coordination, and liaison work between City and Engineers, and
interested public or private entities to achieve maximum efficiency and continuity in the
construction of Project.
n. Familiarization with studies, reports, etc., prepared in advance of or during design of the
Project.
o. Review of working drawings and specifications related to the Project design where
appropriate. Provide advice and consultation concerning such documents, including
particularly their adequacy, accuracy and constructability.
p. Conduct meetings that include the Director, Engineer and others prior to and during the
construction phase of the Project and/or coordinate the above-mentioned parties.
2. Construction Administration Services
Upon request by the Director, the Construction Project Manager shall perform the following
services for the Project:
a. Processing of product submittals, laboratory, shop, and mill tests of material and
equipment for general conformity with Construction Document requirements and report
to the Director in writing on such matters.
b. Processing of all Request For Information and maintain a log of all such documents for
the duration of the construction process.
c. Establish and Maintain Document Control (Filing) System to include all records,
certificates, guarantees, warranties and releases required from the construction
contractor( s).
d. Establish and Maintain Document Control (Filing) System at the Engineers office to
include all records, certificates, guarantees, warranties and releases required from the
construction contractor(s) and transmit to the City as required. Maintain an all-inclusive
file for transmittal to the City at the completion of the Project.
3. Proiect Controls Services
Perform professional project controls services for the City; Such services shall include but
not be limited to the following:
a. Prepare and maintain an overall construction schedule. The Project master schedule,
(independent from but based on the construction contractor's schedule) shall indicate
duration, responsibility, and sequencing for major construction activities. Establish
overall duration, identify critical activities, and monitor and report the status of key
decisions and issues influential to the progress of the work.
b. Prepare and distribute as required, monthly status reports to include budget information,
current estimates of Construction Cost and schedule, obligations and action items
required, status of change orders, anticipated change orders, expenditures and
estimated cost at completion, contractor payment reports, cash flow projection of City's
expenditures, and other information necessary to define the current Assigned Project
status.
c. Maintain a record of all field orders, directives, time extensions, and requests for
information, proposals, and change orders.
4. Construction Inspection Services
Perform professional construction inspection services for each Project. Such services shall
consist of the close, technical, on-site examination of the materials, structures, equipment
and workmanship and methods used by the construction contractor to ensure that the
Project is constructed in compliance with the Construction Documents and according to
good construction practices. Such services shall include but not be limited to, the following:
a. Provide on-site observation of the progress and quality of work for the construction
contract. Advise the City of any observed deviations from the Construction Documents
in a timely manner so as to minimize delay in the progress of the work.
b. Inspect and observe the construction contractor's activities to verify that the work
complies with the Construction Documents for the Project. Notify the City if the
construction contractor's work is not in compliance with Construction Documents
including all addendums and change orders and notify the City of any failure of the
construction contractor to take measures to place such work in compliance.
c. Inspect and observe the materials and equipment being incorporated into the work to
assure that they are handled, stored and installed properly and adequately and are in
compliance with the Construction Documents for the Project.
d. Identify problems encountered in accomplishing the work and recommend the
appropriate action to the Director for resolution of problems to minimize impact on
timely completion of the Project.
e. Attend and participate in meetings with the City and the construction contractor(s) when
requested by the City.
f. Maintain a daily progress and diary to record work performed and significant job events.
g. Assemble and maintain notes, comments, sketches and supportive data relative to the
Project in order to facilitate the revisions of tracings to conform to the construction
records. Provide a copy of the daily progress reports to the Director.
h. Verify the quantities contained in the construction contractor's pay request and make
recommendations to the Director regarding payment of periodic and final requests for
payment.
i. Administer the testing laboratory contract(s). Monitor the required testing to assure that
sufficient testing is performed, secure and distribute (or cause to be distributed)
information from the testing laboratories to the City regarding necessary field and
laboratory tests, and review the results of such tests with the City for compliance with
the Construction Documents for the Project, assisting the City when necessary.
I
ESPA
COR P
CONSTRUCTION MANGEMENT TEAM STRUCTURE
Karun Sreerama, Ph.D., P.E.
Project Director - Principal
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Jerry D. Sowells
Construction Manager
Deborah Cooper
Construction Admin Assistant
Cecil Boone, PE.
Project Manager
Zachery Martin
Sr. Inspector
Wilbert Leblanc
Inspector
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DOCUMENT FILING REQUEST
RP-618
R2006-28
Description:.
ESP A Corporation
Type Services
Engineering Agreement
Search String Parameters:
Corrigan Drainage
Requested By:
Robin Pitcock
Project Management
03/14/06
Signed by
Bill Eisen
$99,202.50