Loading...
R2006-088 06-12-06 RESOLUTION NO. R2006-88 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 INSPECTION 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 inspection services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for construction inspection services. PASSED, APPROVED and ADOPTED this the 12th day of June, A.D., 2006. ~tQhj f7u.J TOM REID MAYOR ATTEST: APPROVED AS TO FORM: tO~Lfn.~ DARRIN M. COKER CITY ATTORNEY Resolution 2006-88 6/12/06 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and C & M P (hereinafter "Engineer") as follows: \7 [; ~~ L'L) If <' ({ 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide Construction Inspection Services for the Wagon Wheel Water, Drainage and Pavement Project. En ineer/Subconsultant s ESPA Fee $102,129.00 Basis of Com NTE - see. Maximum Contract Amount $102,129.00 NTE->ct!- P ';l-fJu.\ * 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 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. 2 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 (112%) 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. 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. 5 EXECUTED and EFFECTIVE as of the 12th day of June CITY OF PEARLAND By: ~ \ Printed Name: Bi 11 Ei sen Title: Ci ty Manager STATE OF TEXAS COUNTY OF ~ro. ')..o,~ CV ~ ~ ~ , 20...QL. ENGINEER BY~~ Printed Name~N ~A Title: I.D eA.rr BEFORE ME, the undersigned Notary Public, on this day personally appeared ~\\\ Ei :"'-.et"'\ , 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, GIVEN UNDER MY HAND AND 3"" L\ f'\ e..... , A.D., 20 01.0 . \\\\11\\1\111111/11//111/ .",\\\\ ~ A N 111111. ~, n\;:l IV'~ :$'0" ...... .t'> ~ ~ .... .... <7"'1 ~ fQ:"'~'\*f>.RY p(/>.:~.\ I (~ ~ ")~ 1 ~ ',>'/'<<, ";:: i;: ~ '.. OF i'(.-I- : ~ % ".~L.. .: $ ~ O""'::~'RES,"" ~ ~" ....... ~ 0"'I;,'09_20,\<J \\\# 1111Ii, ,,\\\\~ STATE OF TEXAS 111////111\11111 ~ IL _ . ~ COUNTY OF fTGlYY1 S ~ SEAL OF OFFICE THIS ,'-\~ DAY OF ~~~~~ NOTARY PUBLIC IN AN~ STATE OF TEXAS Printed Name: 'Do r\ ~ f\N\ bd,\e::4 My Commission Expires: o.)-()~-d-o,-6 BEFORE ME, the undersigned Notary Public, on this day personally appeared 1\0.(1) n Srt'-( ra.rn'" , 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. GIVEN UNDER MY HAND AND -::rUnL , A.D., 20~. ~,,\,,~~'~'t"'<I! f~~" '.!l~ "'., .~\ : : = \~. ....1 ~"";. .;\1-'t.. ~",p,~,,\\,,'\: CHERYL OLIVIA DANIELS Notary Public. State of Texas My Commission Expires October 18. 2009 SEAL OF OFFICE THIS g~ DAY OF N~J!uQ~~E STATE OF TEXAS Printed Name: ~1::J! t1iv'i'<JAn,.f-~ My Commission Expi s: 10 -II? -~ 6 05/22/2005 09:35 7135800738 ESPA CORP PAGE 02/09 I~"/." "':'" "-S""E' '~',"","'" , , ~I , .,t .. ~~/'~/ : E ~_ l 'I <' ""'h" ." "'" ".,.-----, ~ COR P .,'\t,~'f,m'l1rDllV"ll, , t";'h.. .1':, ,;,fI. 7120 Grand Blvd. TI!I~phQnQ 713.eso..oo80 SUITE 100 FAX: 713~8O-\'J73S HOuSTON, TEXAS 71054-$408 espe@esPl'""rp.<;:tI1I1 May 19, 2006 City af Pearland Project Warks 3519 Liberty Dr. Pea~and,Texas 77581 Attention: Joe Wertz Su bject: Proposal Dear Mr. Wertz ESPA CORP is pleased to submit this Proposal to the City of Pea~and ("Clienf') to provide Construction Inspection services for the Wagon Wheel Project. The scope of services outlined below has been prepared based on our discussions and the Scope of Work provided to us. SCOPE OF SERVICES 1. Construction Insoection 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. OS/22/2006 09:36 7136800738 ESPA CORP PAGE 03/09 Joe Wertz City of Pearland May 19,2006 Page 2 of 3 ~ / : I'" cq, \ ., I ~::~ :_~ ~-"r i- , I~ D f! ~. 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 pertormed, 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. COMPENSATION For Services rendered as outlined above, ESPA CORP shall be paid a fee not to exceed One Hundred Two Thousand One Hundred Twenty Nine Dollars ($102,129,00) for the Basic Services. Billings and payments shall be proportional to the percent of work completed. A detailed Cost Proposal is attached to this agreement. Please note that the above Fee Breakdown is our best estimate based on the information provided to us and the scope detailed in this proposal. LIMITATIONS OF LIABILITY The "Clienr agrees that to the fullest extent permitted by law, ESPA CORP's total liability to the "Client" for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any causes including, but not limited to, ESPA CORP's negligence, errors, omissions, and liability, or breach of contract shall not exceed the total compensation received by ESPA CORP under this Agreement. If the "Client" desires a limit of liability greater than that provided, the "elienf' and ESPA CORP shall adjust the fee stated in this Agreement to compensate ESPA CORP for the assumption of such additional risk. C:\JERRY\espOl\Propasals\City of Pearland\C06-005 PEARLAND WAGONWHEEL.doc 35/22/2005 09:35 7135800738 ESPA CORP PAGE 04/09 Joe Wertz City of Pearland May 19j 2006 Page 3 of 3 . " I r -, 1 r-) -\ /~, ~ 0__ .,-\ , /....--....:;;.--- 4' r [) r( ~, I " ~ TERMINATION CLAUSE The obligation to provide services under this Agreement may be terminated by the "Client~ with or without cause upon seven (7) days written notice to ESPA CORP and by ESPA CORP for cause upon seven (7) days written notice to the "Clienf. In the event of any termination, ESPA CORP will be paid for all reimbursable expenses, all termination expenses, and all services rendered to the date of termination. If this Proposal is acceptable, please execute in the space provided return one (1) executed original for our files, Thank you for allowing us to submit this proposal, and we look forward to working with you on this and other projects. Respectfully, ESPA CORP ~'-- Karun Sreerama, PhD., P.E. President ells tion Services Manager Approved as to form and content by day of , 2006. this Authorized Signature C:\JERRY\espa\Proposals\City of Pearland\C06.005 PEARLAND WAGONWHEEL.doc 35/22/2005 09:35 7135800738 ESPA CORP PAGE 05/09 .~ 0 ::I . 0 ~i ID g .j:.... <0 iR- ~ .. 0 li 0 en ci r-- 0 ..~~. ..... .... ~ iI 0 q ~ 0 Q .... - iR- ~ 8 'gl ~ Q I;) ..... ..... ::I!i ~ u:p' 0 ~'i 0:;> C") d ~ r0- o !Z !:'i>i5, .... .... ! '. ::i.. ~ II: 10 8 ~ 0 l~ ~ Q :. 0:;> ..... ..... ~- ~ ..t .' 0 0 .:!:. ~ ~ g ,I:Q. ....... ..... ~ l"> 0 0 ~i tr.l g r- .lY .~.~ ~ 'N 0 0 $ .... ci . '.,~. ~ .... 0 . :0;' .... .... ~- ~ ..... 8 :r::...... ~ <:;i gl 0 .... .... ::!I . ~ , i .. :5.. a .~.. (/) ~ ...J :c . .~ W I- .~ Z i:::':.,; ." LU 0 J: ::a . "!t',.:~: .'".. ... :' 0 0 ~ 1-1:1:: (I? Q ~ C) ..... . ~... .', . ~ c cri z &l~ :g~ II grr'! Q N fl) III .. .:: .~~' d' e or- uJ 0 dW ~sl :>- or- 401> ~ ...J2 c:) Cl::c.. ;3 ~'3'!' 0 c..~ fRo fRo .... ... ~> <( le !iii: . . 4It 401> affi ~ C\I ..' "'" ::.<::';~ :;:;; 0.. rf) a z t;; 0:: 0 tn ~ 0.. I.U I- t3 ~ 0 w U ~ 2 w w z ~ z U n.. :E c.'l 0 ~ ~ ;a C,) (/') z ~ a.. a. z <1.: :J ti ::!ii rr.!-- z w::! U I- 1-0:. ::l ~ ~ Ot:> t:> ~uJ 0 ~ Uw w (!);! t) 0 ct (3 .., ~ll: w e l- e ~ a en 0:: ;J~ Cl:: LU a... 0.. ItlO c..