R2006-091 06-12-06
RESOLUTION NO. R2006-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE WAGON WHEEL WATER,
DRAINAGE AND PAVING IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction 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 construction management services.
PASSED, APPROVED and ADOPTED this the 1ih day of June, A.D., 2006.
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TOM REID
MAYOR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-91
6/12/06
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Construction and Management Professionals (C & M P)
(hereinafter "Engineer") as follows:
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
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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 Services for the Wagon
Wheel Water, Drainage and Pavement Project.
EnQ ineer/Su bconsu Itant( s) Fee Basis of Compensation
C&MP $58,000.00 NTE
Maximum Contract Amount $58,000.00 NTE
* 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
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 non salary
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.
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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.
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(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. Indemnity. 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.
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EXECUTED and EFFECTIVE as of the 12th day of June
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CITY OF PEARLAND
By: ~.
PrintedName: Bi 11 Ei sen
Title: Ci ty Manager
ENGINEER
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By:_
Printed Name:
Title: ()oJ IV r
STATE OF TEXAS
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BEFORE ME, the undersigned Notary Public, on this day personally appeared
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foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ) ~ ,.~ DAY OF
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(J . . BEFORE M,E~) th.e undersigned Notary Public, on this day perso.nally appeared
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Construction and Management Professionals
June 5, 2006
Ms Jennifer Phan
City of Pearland
3519 Liberty Drive
Pearland TX 75810
Reference:
COP Project No.
C&MP Project No.
Wagon Wheel Water, Drainage, and Pavement Improvements
2006-51
06.02.02
Dear Jennifer,
Attached is the revised estimate for the Construction Management Services for Wagon
Wheel Water, Drainage, and Pavement Improvements.
The new estimated cost is $58,000. Payment will be on a reimbursable basis not to exceed
$58,000 without prior authorization.
PO Box 209
BarkeI'. Texas 77413
T 713.202.3237
F 2X 1 A92.6X36
george. puig@candmp.com
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Estimated Construction Management Costs
Project Data
Owner: City of Pearland I Type: Paving & Utility rework
l"ontract I calendar
Project Name: Wagon Wheel Time: 270 Days
Project No. I Approximate Cost: $1,600,000
ACTIVITY QTY HOURS TOTAL MILEAGE TOTAL
HOURS ESTIMATE
Before Advertisement
Constructibility Review 0 0
Review Meetings 0 0
Sub Total 0
During Advertisement
Pre Bid Conference 0
Prepare 0 0
Cunduct 0 0
Coordinate Questions 0 0
Addenda 0
Review 0 0
Issue 0 0
Contract Award 0
Prepare Bid 0
Tabulation 0
Issue Award 0
Recommendation 0
Sub Total 0
During Construction
Pre Construction Confere 0
Prepare 0 0
Conduct 0 0 100
Follow Up 0 0
Submittals
Constructiion Schedule
Initial Review 1 8 8
Monthly 9 2 18 900
Schedule of Values 1 4 4
Others 6 2 12
Biweeklv Meetinas 20
Preparation 1 20
Attendance 3 60 2000
Follow UP 1 20
Site visits 10 5 50 2000
Proaress Payments 9 3 27 900
PO Box 20l)
Barker. 'l"exas 77413
T 713.202.3237
F 281.492.6836
george. puig@candmp.com
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Construction and Management Professionals
Estimated Construction Management Costs
Project Data
Owner: City of Pearland I Type: Paving & Utility rework
L.ontract I calendar
Project Name: Wagon Wheel Time: 270 Days
Project No. I Approximate Cost: $1,600,000
ACTIVITY QTY HOURS TOTAL MILEAGE TOTAL
HOURS ESTIMATE
Chanae Orders 10 750
Review Necessitv 2 20
Neaotiation 2 20
Preparation 3 30
Processina 2 20
Substantial Completion 1
Inspection 8 8 100
Punch list Prep. 2 2
Follow UP 6 6 100
Recommendation 1 1
Final Completion 1
Final Inspection 8 8 100
Follow Up 4 4 100
Recommendation 2 2
Sub Total 340
Following Construction
Warranty 4 2 8 400
Final Walk Throuqh 1 4 4 100
Sub Total 12
Total 352
Rate $80.00 $0.425
$28,160.00 $0.00
Multiplier 1.875 1
I $52,800.00 $0.00
Continqency 10% 10%
Total $58080.00 $0.00 . $58 080.00
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PO Box 209
Barker. Texas 77413
T 713.202.3237
F 281.492.6836
george. puig@candmp.com
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_ Estimated Construction Management Costs
Project Data
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-- -� Owner: City of Pearland Type: Paving & Utility rework
Contract Calendar
j Project Name: Wagon Wheel Time: 270 Days
—_ Project No. Approximate Cost: $1,600,000
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ACTIVITY QTY HOURS TOTAL MILEAGE TOTAL
HOURS ESTIMATE
_- Change Orders 10 750
____ -- --- ; Review Necessity 2 20
Negotiation 2 20
al Preparation 3 30
-- - g Processing 2 20
-- Substantial Completion 1
`_ w Inspection 8 8 100
-- 1 Punch list Prep. 2 2
— Follow up 6 6 100
- Recommendation 1 1
- A Final Completion 1
-_,;_ Final Inspection 8 8 100
- ---, Follow Up 4 4 100
— Recommendation 2 2
- , Sub Total 340
Following Construction
5 Warranty 4 2 8 400
=-1 Final Walk Through 1 4 4 100
- _ � --; Sub Total 12
Total 352
-; Rate $80.00 $0.425
- - - ." , $28,160.00 $0.00
- - Multiplier 1.875 1
�`— ( $52,800.00 $0.00
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Contingency 10% 10%
- Total $58,080.00 $0.00 - B.,DB9iQ0
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