R2007-097 2007-07-23 W42064
RESOLUTION NO. R2007 -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
AUTHORIZING A CONSTRUCTION MANAGEMENTIINSPECTION
SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES
CONTRACT ASSOCIATED WITH THE BROADWAY WATERLINE
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management/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 certain contract for materials testing services, a copy of which is
attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 3. The City Manager or his designee is hereby authorized to execute
contracts construction management/inspection services and materials testing services
associated with the Broadway Waterline Project.
PASSED, APPROVED and ADOPTED this the 23rd dMuly, A.D., 2007.
~)~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~~ !7~ ~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2007-97
07-0049 - W42064
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 7/g 31.G7 , 2007 by and between the
City of Pearland ("CITY") and ESPA Corp ("COI4 ULTANT").
The CITY engages the CONSULTANT to perform Construction Management and Inspection
Services for FM518 Water Line Project(Project Number W42064).
SECTION I-SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide Construction Management and Inspection
Services. See Exhibit A-1, attached, for a detailed SCOPE OF WORK and
PROJECT schedule. The PROJECT schedule shall be submitted in digital and
hard copy form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and$1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
-2- --�_
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II-PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of project.
SECTION III- CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is not to exceed rate. Total
compensation for the services performed shall be the sum of$120,565.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV- THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANTS work shall not relieve
CONSULTANTS responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT's status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 7120 Grand Blvd., Suite 100, Houston, Texas
77054. Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CTTY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
defmitely 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. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the 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 before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI—ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
-4- act""
1
SECTION VII—COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- 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 23rd day of July , 2007.
C OF PEARLAND,TEXAS
Bill Eisen, City Manager
CONSULTANT
KARAJ/0 gle-EE re_614 A
PR-Es E T
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Exhibit "B"
R2007-97
07-0049
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 7/a 310 7 , 2007 by and between the
City of Pearland ("CITY") and Geotest Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Materials Testing Services on the FM 518
Water Line Project(Project Number W42064).
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide Materials Testing Services. See Exhibit B-1,
attached, for a detailed SCOPE OF WORK and PROJECT schedule. The
PROJECT schedule shall be submitted in digital and hard copy form in the
Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and$1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
-2-
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of project.
SECTION III-CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is not to exceed rate. Total
compensation for the services performed shall be the sum of$41,786.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV-THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT's status as an
independent contractor of the CITY.
SECTION V-TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 5600 Bintliff Drive, Houston, Texas 77036.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
-3-
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`h day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty(60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the 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 before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI—ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
-4-
SECTION VII—COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- 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 23rd day of July , 2007.
CIT OF PEARLAND, TEXAS
Bill Eisen, City Manager
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GEOTEST ENGINEERING , INC.
Geotechnical Engineers&Materials Testing
5600 Bintliff Drive Houston, Texas 77036 Telephone: (713) 266-0588
Fax: (713) 266-2977
July 10, 2007
Proposal No: 07PM411
Mr. Skipper Jones
City of Pearland
3519 Liberty Drive RECEIVED
Pearland, Texas 77581-5416
JUL 111007
Re: 16 - Inch Water Line Along FM 518 City of Pearland
Project No. W42064, City of Pearland Projects Dept.
Dear Mr. Jones:
Geotest Engineering, Inc. appreciates the opportunity to submit our proposed scope of services
and budget estimate to provide materials testing services on the above referenced project. Based on the
proposed scope of services, we estimate a budget of$41,786.00. Any additional services requested
and not part of this estimate will be charged in accordance with the City of Pearland's fee schedule, dated 2004.
Geotest appreciates the opportunity to work with you. If the enclosed estimate is agreeable,
please indicate your formal acceptance by signing below and returning one (1) copy to Geotest. If you have
any questions or require additional information, please contact me at your convenience.
Very truly yours,
GEOTEST ENGINEERING, INC.
L4
-V.N. j erg , Ph.D., P.E.
President
Copies Submitted: 2
Enclosures: Cost Estimate (07PM411)
VNV/tr
pc28/fee15/07pm411
F{SPA
CORP
July 11, 2007
City of Pearland
Project Works Department
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Skipper Jones
Subject: Proposal — Construction Management & Inspection Services for FM 518
Water Line Project
Dear Mr. Jones
ESPA CORP is pleased to submit this Proposal to the City of Pearland ("Client") to
provide Construction Management and Inspection services for FM 518 Water Line
Project. The scope of services outlined below has been prepared based on our
discussions during our meeting on June 4, 2007. Our efforts will be focused on providing
the highest quality constructability review, project management, detailed project controls
(costing, scheduling and reporting) and field inspection services.
ADDITIONAL SERVICES: CM shall render the following professional services to
the OWNER in connection with the construction of the Project.
1. Pre-Construction
1.1 Provide constructability review of plans, specifications, and contract
documents. Identifying constructability issues, conflicts, and deficiencies,
adequacy and accuracy.
1.2 Chair Pre-construction Meeting
1.2.1 Setting communications protocol, contract administration
issues.
1.2.2 Pay application procedures, schedule, public notification
issues & procedures, utility coordination issues, traffic
control, permitting, property owner notification &
coordination, temporary facilities, etc.
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ES PA-CORP.com
1.3 Establish baseline schedule to compare and monitor construction
progress and schedule.
BASIC SERVICES: CM shall render the following professional services to the
OWNER in connection with the construction of the Project.
2 Construction Services
2.1 Meetings: Schedule, conduct, chair and record & disseminate minutes
for regular progress meetings throughout the duration of the work.
2.1.1 Meetings scheduled no less than every two weeks to review
work progress and schedule.
2.1.2 Coordinate such other meetings as necessary to discuss and
resolve problems and provide guidance.
2 2 Manage Construction
2.2.1 Resolve problems, notify Engineer & City of any proposed
solutions: review and update as built documents weekly with
progress meetings with contractor.
2.2.2 Record weather conditions on jobsite daily.
2.3 Coordinate work of contractor with external agencies and utility
companies coordinate or cause to be coordinated. Contractor's
operations with regard to other City contracts and construction as well as
with property owners for planned service outages, street closures, and
access control issues to properties including notifications: Verify
construction conformance and compliance with TCEQ, NOI and NOT.
2.4 Maintain records of all decisions, actions and activities with regard to
construction operations.
3 Pay Applications
3.1 Coordinate with contractors to produce and prepare progress based pay
application on as a monthly basis for all work in compliance with
contract documents.
7120 GRAND BOULEVARD,SUITE 100,IIOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
3.1.1 Review progress pay application with Engineer for approval
or revision prior to submittal to City.
3.1.2 Finalize pay application with signatures from Contractor,
Engineer and Construction Manager certifying quantities and
amounts.
3.1.3 Provide City project manager with one original with all
original signatures for processing and payment by the 10'h day
of each month.
3.1.4 Track and record requests for rain or other delays with
potential to add to Contract Time.
3.2 Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused quantities.
Identifying and adding additional quantities and making any approved
changes to the Contract Time.
3.2.1 Review with Engineer for approval and request Engineer's
recommendation for Substantial Completion or Final
Acceptance. (See Close-out Section)
4 Document Control
4.1 Receive, route, track and log all Contractor communications, submittals,
RFIs and Pay Applications. Communicate with Contractor the status of
submittal reviews, create and keep a submittal log showing status.
Notifying any party of critical time-like issues. Monitor Contractor's
material deliveries for conformance with contracts and schedule.
Respond to RFIs when such response does not require the Engineer's
opinion or expertise or direction from City.
5 Changebrders
5.1 Prepare and issue in a timely manner any necessary request for proposal
for additional work when decision by Engineer or City requires such. Log
and track status of REP and Responses from Contractor, City and
Engineer. Provide technical opinion on such matters acting in City's
interest. Evaluate Contractor's response/proposal for cost and time
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph:713.680.0080 Fax:713.680.0738 www.ESPA-CORP.com
accuracy and price reasonableness. Negotiate with Contractor on City's
behalf if required. Prepare Change Order documentation including
signatures of Contractor, Engineer and Construction Manager for
delivery to City.
6 Testing Laboratory & Results
6.1 Coordinate testing laboratory requirements with Contractor's schedule.
Review test reports for compliance with contract. Log, track and retain
test reports for file. Review results with Contractor. Monitor any
corrective action and re-testing for compliance.
7 Project Completion & Close out
7.1 Schedule and conduct project walk through upon receipt of Contractor's
notification of substantial completion. Include City PM, Engineer and
others as directed. Prepare a list of non-conforming work based on
records and walk through Monitor and record Contractor's corrective
efforts and schedule. Review and compile any Operation and
Maintenance documents required from the Contractor — forward for
review to Engineer. Receive Contractor's close-out documents, including
as built records and drawings to review for completeness and accuracy
and then forward to Engineer along with any supporting documentation.
Upon completion of close out items provide recommendation for City's
Substantial Completion/Final Acceptance. Prepare and administer final
payment application. Prepare job record log's transmittals
correspondence reports in an organized file for delivery to City. Consult
with City on any potential Warranty items requiring repair on
replacement.
7.2 Warranty Period
7.2.1 Schedule, arrange and coordinate a One Year Walk-through
of the project to review status of the work 30 days prior to
expiration of the One Year Maintenance period. Produce list
of work not conforming for presentation to the City,
Engineer and Contractor.
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph:713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
8 Construction Inspection Services
8.1 Provide on-site observation of Contractor's activities to verify and ensure
all work materials, equipment and workmanship complies with the
contract documents including Addenduuns, Change Directives and
Change Orders. That all materials are handled, stored and installed in
accordance with contract documents.
8.2 Identify, record and notify Engineer of any problems or failures to meet
performance requirements; make recommendation for appropriate
solution. Review lab test reports and log any failures.
8.3 Maintain daily progress log and records for turn-over at completion of
project. Participate in progress meetings.
COMPENSATION
For Services rendered as outlined above, ESPA CORP shall be paid a fee not to exceed
One Hundred Nine Thousand Six Hundred Fifty Five Dollars ($109,655.00) for the
Basic Services Ten Thousand Nine Hundred Ten Dollars ($10,910.00) for the
Additional Services. Billings and payments shall be proportional to the percent of work
completed. A detailed Cost Proposal (EXHIBIT B) is attached to this agreement. Please
note that the above Fee Breakdown is our best estimate based on the information
provided to us and the scope detailed in this proposal.
Respectfully,
ESPA CUR
Je So e s
Construction Services Manager
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
ME SPA
mummi
COST PROPOSAL -EXHIBIT B
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR FM 518 WATERLINE PROJECT
STRAIGHT TIME
PROJECT
CONSTRUCTION ADMINISTRATIVE CONTROLS SR
MANAGE PROJECT MANAGER ASSISTANT SPECIALIST INSPECTOR INSPECTOR
RAW RATE 40.00 35.00 _ 17.00 21.00 26.00 24.00
MULTIPLIER(BY CONTRACT) 2.5 2.5 2.5 2.5 2.5 2.5
BILLING RATE 100.00 87.50 42.50 52.50 65.00 60.00
PROJECT DURATION 180 DAYS=6 MONTHS
HOURSIMONTH
LABOR COST($) TOTALS(HRS) CONSTRUCTABIlITY/ AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY CLOSEOUT
PRECONSTRUCT1ON
CONSTRUCTION MANAGER $900.00 9 2 1 1 1 i 1 1 1
PROJECT MANAGER 518,812.50 215 40 30 30 30 30 30 15 10
PROJECT CONTROLS SPECIALIST 512,337.50 235 80 25 25 25 25 25 25 5
ADMIN/DOCUMENT CONTROL S4,420.00 104 4 15 15 15 15 15 15 10
SENIOR INSPECTOR $4,875.00 75 40 5 5 5 5 5 5 5
INSPECTOR $77,820.00 1297 4 173 200 200 200 200 195 125
EXPENSES 51,400.00 5200.00 $200.00 $200.00 $200.00 5200.00 $200.00 5200.00
MONTHLY TOTALS 510.910 00 515,380.00 517,000.00 517,000.00 $17,000.00 $17,000.00 515,387.50 $9,487.50
TOTAL CONSTRUCTABILITY 1 $10,910.00
PRECONSTRUCTION
TOTAL CM&I LABOR COSTS AND $108,655.00
EXPENSES
TOTAL COSTS S120,565.00
GEOTEST ENGINEERING,INC.
5600 Bintliff Drive Houston,Texas 77036 Tel(713)266-0588 Fax(713)266-2977
CONSTRUCTION MATERIALS TESTING COST BREAKDOWN
16-inch Water Line Along FM 518
Project No.W42064, City of Pearland
Quantity Unit Rate Amount
PERSONNEL
03 Project Engineer,P.E. 2 x $82.00 /Hr $164.00
08 Technician NICET II,HMA-1A 560 x $53.00 /Hr $29,680.00
08.5 Technician NICET II,HMA-IA,ACI I-OT 80 x $64.50 /Hr $5,160,00
MATERIALS TESTING
200 Concrete Mix Design Inspection and Testing:
203 Cylinder Test(ASTM C-39) 60 x $13.00 /Ea $780.00
1000 Soils Tests:
1001 Liquid and Plastic Limits(ASTM 0-4318) 3 x $45.00 /Ea $135.00
1004 Percent Passing#200 Sieve(ASTM D-1120) 3 x $35.00 /Ea $105.00
1006 OMD Standard Compaction(ASTM D-698) 4 x $150.00 /Ea $600.00
1011 Lime Series-4 Point 1 x $178.00 I Ea $178.00
1013 Nuclear Density Equipment Rental 610 x $8.00 /Hr $4,880.00
1014 Cement Sand Compressive Strength(ASTM D-1633) 2 x • $52.00 l Ea $104.00
Total = $41,786.00
Remarks
Overtime rate of 1.5 times the hourly rate is applicable or any hours worked before 6:00 a.m. or after 6:00
p.m. Monday through Friday, and any hours worked on Saturday, Sunday or holiday or over 8 hours per
day.
A minimum of 4 hours will be charged at the applicable rate for all technician/inspector services.
E S PA
COR P
July 11, 2007
City of Pearland
Project Works Department
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Skipper Jones .
Subject: Proposal — Construction Management & Inspection Services for FM 518
Water Line Project
Dear Mr. Jones
ESPA CORP is pleased to submit this Proposal to the City of Pearland ("Client") to
provide Construction Management and Inspection services for FM 518 Water Line
Project. The scope of services outlined below has been prepared based on our
discussions during our meeting on June 4, 2007. Our efforts will be focused on providing
the highest quality constructability review, project management, detailed project controls
(costing, scheduling and reporting) and field inspection services.
ADDITIONAL SERVICES: CM shall render the following professional services to
the OWNER in connection with the construction of the Project.
1. Pre-Construction
1.1 Provide constructability review of plans, specifications, and contract
documents. Identifying constructability issues, conflicts, and deficiencies,
adequacy and accuracy.
1.2 Chair Pre-construction Meeting
1.2.1 Setting communications protocol, contract administration
issues.
1.2.2 Pay application procedures, schedule, public notification
issues & procedures, utility coordination issues, traffic
control, permitting, property owner notification &
coordination, temporary facilities, etc.
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
1.3 Establish baseline schedule to compare and monitor construction
progress and schedule.
BASIC SERVICES: CM shall render the following professional services to the
OWNER in connection with the construction of the Project.
2 Construction Services
2.1 Meetings: Schedule, conduct, chair and record & disseminate minutes
for regular progress meetings throughout the duration of the work.
2.1.1 Meetings scheduled no less than every two weeks to review
work progress and schedule.
2.1.2 Coordinate such other meetings as necessary to discuss and
resolve problems and provide guidance.
2.2 Manage Construction
2.2.1 Resolve problems, notify Engineer & City of any proposed
solutions: review and update as built documents weekly with
progress meetings with contractor.
2.2.2 Record weather conditions on jobsite daily.
2.3 Coordinate work of contractor with external agencies and utility
companies coordinate or cause to be coordinated. Contractor's
operations with regard to other City contracts and construction as well as
with property owners for planned service outages, street closures, and
access control issues to properties including notifications: Verify
construction conformance and compliance with TCEQ, NOI and NOT.
2.4 Maintain records of all decisions, actions and activities with regard to
construction operations.
3 Pay Applications
3.1 Coordinate with contractors to produce and prepare progress based pay
application on as a monthly basis for all work in compliance with
contract documents.
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
3.1.1 Review progress pay application with Engineer for approval
or revision prior to submittal to City.
3.1.2 Finalize pay application with signatures from Contractor,
Engineer and Construction Manager certifying quantities and
amounts.
3.1.3 Provide City project manager with one original with all
original signatures for processing and payment by the 10th day
of each month.
3.1.4 Track and record requests for rain or other delays with
potential to add to Contract Time.
3.2 Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused quantities.
Identifying and adding additional quantities and making any approved
changes to the Contract Time.
3.2.1 Review with Engineer for approval and request Engineer's
recommendation for Substantial Completion or Final
Acceptance. (See Close-out Section)
4 Document Control
4.1 Receive, route, track and log all Contractor communications, submittals,
RFIs and Pay Applications. Communicate with Contractor the status of
submittal reviews, create and keep a submittal log showing status.
Notifying any party of critical time-like issues. Monitor Contractor's
material deliveries for conformance with contracts and schedule.
Respond to RFIs when such response does not require the Engineer's
opinion or expertise or direction from City.
5 Change Orders
5.1 Prepare and issue in a timely manner any necessary request for proposal
for additional work when decision by Engineer or City requires such. Log
and track status of RFP and Responses from Contractor, City and
Engineer. Provide technical opinion on such matters acting in City's
interest. Evaluate Contractor's response/proposal for cost and time
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
accuracy and price reasonableness. Negotiate with Contractor on City's
behalf if required. Prepare Change Order documentation including
signatures of Contractor, Engineer and Construction Manager for
delivery to City.
6 Testing Laboratory & Results
6.1 Coordinate testing laboratory requirements with Contractor's schedule.
Review test reports for compliance with contract. Log, track and retain
test reports for file. Review results with Contractor. Monitor any
corrective action and re-testing for compliance.
7 Project Completion & Close out
7.1 Schedule and conduct project walk through upon receipt of Contractor's
notification of substantial completion. Include City PM, Engineer and
others as directed. Prepare a list of non-conforming work based on
records and walk through Monitor and record Contractor's corrective
efforts and schedule. Review and compile any Operation and
Maintenance documents required from the Contractor — forward for
review to Engineer. Receive Contractor's close-out documents, including
as built records and drawings to review for completeness and accuracy
and then forward to Engineer along with any supporting documentation.
Upon completion of close out items provide recommendation for City's
Substantial Completion/Final Acceptance. Prepare and administer final
payment application. Prepare job record log's transmittals
correspondence reports in an organized file for delivery to City. Consult
with City on any potential Warranty items requiring repair on
replacement.
7.2 Warranty Period
7.2.1 Schedule, arrange and coordinate a One Year Walk-through
of the project to review status of the work 30 days prior to
expiration of the One Year Maintenance period. Produce list
of work not conforming for presentation to the City,
Engineer and Contractor.
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
8 Construction Inspection Services
8.1 Provide on-site observation of Contractor's activities to verify and ensure
all work materials, equipment and workmanship complies with the
contract documents including Addendums, Change Directives and
Change Orders. That all materials are handled, stored and installed in
accordance with contract documents.
8.2 Identify, record and notify Engineer of any problems or failures to meet
performance requirements; make recommendation for appropriate
solution. Review lab test reports and log any failures.
8.3 Maintain daily progress log and records for turn-over at completion of
project. Participate in progress meetings.
COMPENSATION
For Services rendered as outlined above, ESPA CORP shall be paid a fee not to exceed
One Hundred Nine Thousand Six Hundred Fifty Five Dollars ($109,655.00) for the
Basic Services Ten Thousand Nine Hundred Ten Dollars ($10,910.00) for the
Additional Services. Billings and payments shall be proportional to the percent of work
completed. A detailed Cost Proposal (EXHIBIT B) is attached to this agreement. Please
note that the above Fee Breakdown is our best estimate based on the information
provided to us and the scope detailed in this proposal.
Respectfully,
ESPA CO
Je So e s
Construction Services Manager
7120 GRAND BOULEVARD,SUITE 100,HOUSTON,TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
VI ESo
COST PROPOSAL -EXHIBIT B
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR FM 518 WATERLINE PROJECT
STRAIGHT TIME
PROJECT
CONSTRUCTION ADMINISTRATIVE CONTROLS SR
MANAGER PROJECT MANAGER ASSISTANT SPECIALIST , INSPECTOR INSPECTOR
RAW RATE 40.00 35.00 17.00 21.00 26.00 24.00
MULTIPLIER(BY CONTRACT) 2.5 2.5 2.5 2.5 2.5 2.5
BILLING RATE 100.00 87.50 42.50 52.50 65.00 60.00
PROJECT DURATION 180 DAYS=6 MONTHS
HOURS/MONTH
LABOR COST($) TOTALS(HRS) CONSTRUCTABILITY/ AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY CLOSEOUT
PRECONSTRUCTION
CONSTRUCTION MANAGER $900.00 9 2 1 1 1 1 1 1 1
PROJECT MANAGER $18,812.50 215 40 30 30 30 30 30 15 10
PROJECT CONTROLS SPECIALIST $12,337.50 235 80 25 25 25 25 25 25 5
ADMIN/DOCUMENT CONTROL $4,420.00 104 4 15 15 15 15 15 15 10
SENIOR INSPECTOR $4,875.00 75 40 5 5 5 5 5 5 5
INSPECTOR $77,820.00 1297 4 173 200 200 200 200 195 125
EXPENSES $1,400.00 $200A0 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00
MONTHLY TOTALS $10,910.00 $15,380.00 $17,000.00 $17,000.00 $17,000.00 $17,000.00 $15,387.50 $9,487.50
TOTAL CONSTRUCTABILITY/ $10,910.00
PRECONSTRUCTION
TOTAL CM&I LABOR COSTS AND $109,655.00
EXPENSES
TOTAL COSTS $120,565.00