R2007-023 2007-02-26
RESOLUTION NO. R2007 -23
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 CARTER &
BURGESS FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES ASSOCIATED WITH THE SWEC WATER WASTE
TREATMENT PLANT PROJECT (PHASE II).
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 Carter
& Burgess, 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 Carter & Burgess, for construction
management and inspection services associated with the SWEC Waste Water Treatment
Project (Phase II).
PASSED, APPROVED and ADOPTED this the 26th day of February, A.D., 2007.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
0a...-:- It rY-
DARRIN M. COKER
CITY ATTORNEY
R2007 -23
File No. 07 -0015
CONTRACT FOR PROFESSIONAL SERVICES
TE-US CONTRACT. is entered into on ~tb'U{.L~ JJp. . .' 2006 by and between the
City of Pearl and ("CITY") and Carter & Burgess CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and Inspection
services for the SWEC WWTP Phase II (Expansion I).
SECTION I - SERVICES OF THE CONSULT ANT
The CONSULT Ai"\JT 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 Construction Management Services and
Construction Inspection 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 fom1 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, destmction 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
CONSULT Al\Yf 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 hath hard
copy and electronic fmmat. Plans shall be AutoCAD compatible and all other
documcnts shall be Microsoft Office compatible. The software version used shall
be compatible to cun-cnt 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 CONSULT ANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULT ANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
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 perfonnance 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 S 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,
S 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 anyone 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 Certi ficates of Insurance, or fonnal
endorsements as required by this CONTRACT, issued by CONSULT ANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULT ANT shall indemnify and hold the CITY, its officers, agents, and
employees, hal1111ess 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.
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H. All parties intend that the CONSULT ANT, 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 perfonl1ed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion ofproject.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a not to exceed rate. Total
compensation for the services performed shall be the sum of $466,344.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULT ANT
C. The CITY shall make payments to the CONSULT ANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the tenl1 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 CONSULT ANT'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 CONSULT ANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULT ANT 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 tenninate this CONTRACT for any reason _
- with or without cause -- by delivering written notice to CONSULT ANT
personally or by certified mail at 55 Waugh Drive, Suite 800, Houston, Texas
77007. Immediately after receiving such writtcl1l1otice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
....
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B. If this CONTRACT is tenninated, 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 CONSULT ANT 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. [f 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.
E. [n the event this CONTRACT is tenninated, 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 CONTRACTOR
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 hefore 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.
-4-
SECTION vn - COVENANT AGAINST CONTINGENT FEES
The CONSULT ANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULT ANT 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.
SECTION Vlll- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 26th day of February
,2006.
~ t&iI2-
CITY OF PEARLAND, TEXAS
Bi ll/E; sen, City Manager 2/26/2007
~
CONSULTANT
-5-
Carter::Burgess
55 Waugh Drive
Suite 800
Houston, TX 77007-5833
Phone: 713.869.7900
Fax: 713.869.5502
www.c-b.com
January 16, 2007
Mr. Trent Epperson
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: Construction Management and Inspection Services for SWEC WWTP
Phase II (Expansion 1)
Dear Mr. Trent Epperson,
Carter & Burgess, Inc. is pleased to present the attached scope of services to
provide construction management and inspection services during the
construction and (he warranty phase of the above referenced project. The
proposed budget is a Not to Exceed value of $466,344.00. The construction
duration anticipated is for 540 calendar days or 18 months. This agreement is
intended to be a Time and Materials agreement, with a not to exceed budget,
unless additional appropriations are made.
The attached Scope of Work and associated Exhibits defines the tasks and
budget that Carter & Burgess, Inc. will utilize to perform as the Agency
Representative in management and inspection of the referenced project\.
If this is acceptable please incorporate into your standard form of agreement for
our signature. If you have any questions, please contact Hugh Brightwell or
myself.
Sincerely,
Carter & Burgess, Inc. Carter & Burgess Consultants, Ino.
C&B Architec1s/Engineers, Ino. C&B Architec1s/Engineers, Pc. C&B Nevada, Inc.
SCOPE OF WORK
Construction Management and Inspection Services for SWEC WWfP Phase II
(Expansion 1)
A DEFINITIIONS
"Construction Contracto!' is defined as the party which executed the
Construction Documents with the City of Pearland ("City") for the Project(s).
"Project Manage!' is defined as Carter & Burgess, Inc. designated representative
having responsibility for managing and administering the Construction
Documents. The Project Manager's Duties and Responsibilities may require
delegation, in which case, the Project Manager shall assign additional personnel,
as required, to assist in meeting the obligations under the Contract and the
Construction document's contractual requirements with the City. The Project
Manager will report to the City's Project Manager and coordinate with the
designated City Inspector in the management of the Work.
"City Project Manage!' is defined as the City's designated representative having
responsibility for oversight and coordination between the Consultant Project
Manager, City departments, Design Engineer, and Testing Laboratory. This
person will be the immediate point of contact regarding all issues requiring the
City's approval regarding this agreement and the Construction Contract
Documents. The City Project Manager will assist the Consultant Project Manager
with gathering of City information for the disposition of "his/her" duties under
this agreement in the management and administration of the Work.
"Resident Construction Inspecto!' is defined as City designated representative
having responsibility for performing construction inspection services for the
Project(s). Such services shall consist of on-site technical examination of the
materials, structures, equipment, workmanship, methods used and performance
by the Construction contractor to verify that the Project is constructed in
compliance with the Construction Documents. The City Inspector will report to
the Consultant Project Manager and City Project Manager regarding the below
items and any other City required duties normally required.
"Work"is defined as the work to be performed by the Construction Contractor
for the Project.
B SCOPE OF SERVICES
This project is anticipated to be a 540 calendar day contract. This type
of work will require close coordination and observation since it is being
performed in an operating environment. The project requires a fairly
aggressive schedule by the contractor to complete and will require
consistent effort of work activities five to six days per week up to 8-10
working hours a day. The scope of services intends to provide a senior
resident inspector on site to perform inspection, documentation,
coordination, and daily administration and document control in a City
provided field trailer. An electrical inspector will be used intermittently
as the work requires. He will be supported by a senior construction
Manager and administrator that will perform the oversight
management, administration, and coordination with the City and
Design Engineer. Raw rates for staff intended for this project have
been provided in Exhibit D. Office multiplier is 3.0, field multiplier is
2.75. The following is a listing of tasks that this team will be
responsible for during the project.
Construction Administration and Management Services. The Project
Manager shall perform the following Construction Administration and
Management Services:
a. Review laboratory, shop, and mill tests of material and
equipment for general conformity with Construction
Document requirements and report to the City's Project
Manager in writing on such matters.
b. Discuss design clarifications and recommendations with the
City's Project Manager and Design Engineer to assist the City
in resolving field problems relating to the Project.
c. Perform together with the City's representatives and the
Project Manager Inspections of the Project site to determine
the dates of substantial and final completion of the Work.
Project Manager shall make a recommendation to the City's
Project Manager as to the proper date for the issuance of
the final certificate of payment.
d. Schedule, coordinate and observe the construction site,
together with the City Representatives, Project Manager,
Design Engineer and Construction Contractor no less than
thirty days and no more than 45 days before the expiration
of the correction period established by the Construction
Documents. Further, Project Manager, within 10 days after
such inspection, shall furnish the City's Project Manager with
a written report enumerating items that require repair or
replacement as provided under the correction period
provisions of the Construction Documents.
e. Prepare and recommend monthly pay estimates to the City's
Project Manager and Design Engineer for approval and
processing.
f. Prepare the pre-draft final estimate within two weeks after
final inspection and submit to City's Project Manager and
Design Engineer for review.
g. Review and provide recommendations to City's Project
Manager and Design Engineer regarding the proposed
construction schedule submitted by the Construction
Contractor and updates thereof.
h. Conduct pre-construction meeting, record minutes of
meeting and submit minutes to City Project Manager and
Design Engineer for review. Distribute as required.
i. Provide supporting data for status reports as requested by
the City's Project Manager to include budget information,
current estimates of construction cost and schedule,
obligations and action items required, status of change
orders, anticipated change order, expenditures and
estimated cost at completion, contractor payment reports
and other information necessary to define the Project status.
j. Prepare and submit to City's Project Manager Draft
Construction Documents change order. 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
City's Project Manager and make recommendations
regarding change orders to the City's Project Manager and
Design Engineer for approval.
k. Administer the testing laboratory contract(s). Monitor the
required testing to assure that in that sufficient testing is
performed. Secure and distribute (or cause to be
distributed) information from the testing laboratories to the
City, project Construction manager and Design Engineer
regarding necessary field and laboratory tests, and review
the results of such tests with the City Project Manager and
Design Engineer for compliance with the Construction
Documents for the Project, assisting the City Project
Manager and Design Engineer when necessary.
I. Collect all records, certificates, guarantees, warranties and
releases required from the Construction Contractor and
transmit to the City Project Manager as required. Maintain
an all-inclusive file for transmittal to the City Project
Manager at the completion of the Project. An approved
filing system shall be established and utilizing the approved
document Control File Code(s).
m. Provide the City Project Manager with the analysis and
defense of claims relating to the Project and maintain
Project records to support this effort.
n. Coordinate with City Project Manager during Project
completion and acceptance phase, and final testing required
for the Project. Provide necessary correspondence and
verification of Project completion and acceptance.
o. Administer the Construction Documents, work to achieve
timely completion of the construction of the Project and
coordinate activities of the Construction Contractor. Process
spare parts and field correspondence.
p. Maintain contract correspondence regarding submittal and
shop drawing review and requests for information. Maintain
logs of flow of information and requirements as such.
q. Provide advice, reviews, and assistance to the City Project
Manager in connection with the construction of the Project.
r. Perform field coordination with all utility corporations and
governmental agencies regarding crossings, closings, and
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 sewage
districts, drainage and levee districts, and other local public
entities.
s. Perform review, coordination, and liaison work between City
Project Manager and interested public or private entities to
achieve maximum efficiency and continuity in the
construction of the Project.
t. Coordinate or monitor compliance of Construction Contractor
with required permits.
u. Provide Project administration to accomplish the goal of
coordinating and expediting the completion of Project.
v. Become familiar with studies, reports, etc., prepared in
advance of or during design of the Project.
w. Conduct weekly progress meetings that include the City
Project Manager, Design Engineer and others prior to and
during the construction phase of the Project and coordinate
the above-mentioned parties.
x. Coordinate with City Project Manager during Project
Warranty phase and inspection required for the Project.
Provide necessary correspondence and verification of Project
completion and acceptance.
2. Construction Insoection Services
Construction inspection services for the Project shall consist of full time
on-site technical examination of the materials, structures, equipment,
workmanship, methods used and performance by the Construction
contractor to verify that the Project is constructed in compliance with the
Construction Documents and according to the good construction practices
and professional standards prevailing in the local City, County, and State
of Texas. Such services shall include but not be limited to, the following:
a. Provide on-site observation of the progress and quality of
the Work. Advise the Project Manager and Design Engineer
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. Notify the Project Manager if the Construction
Contractor's Work is not in compliance with the Construction
Documents. Notify the Project Manager and Design
Engineer 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. Report to the
Project Manager regarding these activities.
d. Identify problems encountered in accomplishing the Work
and recommend the appropriate action to the Project
Manager and Design Engineer for resolution of problems to
minimize impact on timely completion of the Project.
e. Attend and participate in meetings with the Project Manager,
and the Construction Contractor when requested by the
Project Manager.
f. Prepare and maintain daily progress reports and
photographs 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 final as-built
conditions. Provide a copy of the daily progress
reports/photos to the Project Manager on a weekly basis.
h. Verify the quantities contained in the Construction
Contractor's pay request and make recommendations to the
Project Manager and Design Engineer regarding payment of
periodic and final requests for payment.
i. Record names, addresses and telephone numbers of all
contractors, subcontractors, sub consultants and major
suppliers of materials and equipment.
j. Consult with the Project Manager and Design Engineer in
advance of scheduled major tests, inspections or start of
important phase of the Work.
k. Report immediately to the Project Manager and Design
Engineer the occurrence of any accident.
I. Assist in coordination of the City's designated Material
Testing Laboratory and verification of services performed in
the field.
3. Supolemental Activities
The Project Manager shall perform supplemental activities not defined
above but necessary and related to the purposes of the Construction
Documents as authorized in writing by the City Project Manager. The
Project Manager shall receive a written description of each activity from
the City Project Manager, review its requirement, and submit and estimate
of the cost to perform. The Project Manager shall not proceed on any
supplemental activity unless the City Project Manager has approved the
estimated cost and authorized the Project Manager to proceed. The level
of effort is based on the contract time for construction. Care to match the
contractor's level of effort will be made, but in the event the contract time
is extended and requires additional hours of effort the rates and
multipliers in the original scope will be used to provide an estimate to
complete.
EXHIBIT "c"
PROJECT SCHEDULE
Project Schedule shall extend from the effective date for an 18 month
period/ project closeout, whichever occurs first and shall include
construction period management and inspection. Warranty assistance
shall extend one year after acceptance.
EXHIBIT "D"
Work Plan/Budget Schedule for Services
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