R2003-0056 04-14-03 RESOLUTION NO. R2003-56
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 AND
BURGESS, INC., FOR CONSTRUCTION MANAGEMENT AND
GEOTECHNICAL SERVICES ASSOClATED WITH THE FM 518 SEWER
PROJECT.
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
and Burgess, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Carter and Burgess, Inc., for construction
management and geotechnical services associated with the FM 518 Sewer Project.
PASSED, APPROVED and ADOPTED this the ~4th day of April ,
A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TO M R-~E['~---
MAYOR
Exhibit "A"
Resolution No. R2003-56
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Carter & Burgess, inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Construction management and geotechnical services for FM
518 Road Sewer
Engineer/Subconsultant(s) Fee Basis of Compensation
Carter-Burgess, Inc. $182,841.00 Salary
Geotest Engineering, Inc. $16,660.00 Salary
Maximum Contract Amount $199,501.00 Salary
* 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: Sixty (60) days from completion of
construction
Attachments: Contract, Proposal, Fee Schedule
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 Iow 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.
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 percent (1%) 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.
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 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.
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. Assignment. 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.
EXECUTED and EFFECTIVE as of the 14th day of
CITY OF PEARLAN~/.3
By: .~.~/.-~/
Printed Na~"e."-"" Bill Eisen
Title: City Manager
April ,2003
CONSULTANT / ~ /
Printed Name: Wendell L. Barnes, P.E.
Title: Vice President
STATE OF TEXAS
COUNTY OF ~J~~
BEFORE ME, :the undersigned Notary Public, on this day personally appeared
/,~z.c. L~, i~/~t,.L6~' , 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 SEAL OF OFFICE THIS ~/ ~"'T'DAY OF
~,, N~ARy~UBLI~IN AND FOR THE
~ ~ : ~STATE OFTEXAS
'%x. ~'~ -~e My Commission Expires: o~-~S< O~
STATE OF TEXAS
COUNTY OF /-~
BEFORE .ME, the undersigned Notary Public, on this day personally appeared
'~/// ~,:s"~ , 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
4¢/~/ A.D., 20 ~3
SEAL OF OFFICE THIS /,'J" DAY
C IN AND FOR THE
OF
STATE OF TEXAS
Printed Name: "~/-//,~....
My Commission Expires:
Contract for Construction Management and Inspection Services
for the
FM 518 West Sewer & Lift Stations
Exhibit A - Scope of Services and Compensation
DEFINITION OF PROJECT
The City of Pearland (City or Client) has requested that Carter & Burgess, Inc.
(Construction Manager or CM) provide a contract for construction management and
inspection services necessary to assist the Client during the construction of the following
projects:
· FM 518 West Sewer & Lift Stations
The FM 518 West Sewer & Lift Stations project consists of the installation of
approximately 10,000 LF of 18", 24" and 30" sanitary sewer lines, a 3.5 MGD lift station
and a 7.0 MGD lift station. The sewer lines are to be installed in a 25-foot water and
sewer easement located north of the existing FM 518 ROW. The maximum project
duration is 270 days to substantial completion.
SCOPE OF SERVICES
Construction Manaqement Services
a) Review laboratory, shop, and mill tests of material and equipment for general
conformity with Construction Document requirements and report to the City in
writing on such matters.
b) Discuss design clarifications and recommendations with the City to assist the
City in resolving field problems relating to the construction.
c) Perform together with the City's representatives, observations of the construction
site to determine the dates of substantial and final completion of the work. CM
shall make a recommendation to the City as to the proper date for the issuance
of the final certificate of payment.
d) Observe the construction site, together with the City no less than 30 days and no
more than 45 days before the expiration of the correction period established by
the Construction Documents. Further, the CM within 14 days after such
observation, shall furnish the City with a written report enumerating items that
require repair or replacement as provided under the correction period provision of
the Construction Documents.
e) Prepare and maintain an overall construction schedule. A Work Order master
schedule, (independent from but based on the construction contractor's
schedule) shall indicate duration, responsibility, and sequencing for major
construction activities. Establish overall duration, identify critical activities, and
monitor and report the status of key decisions and issues influential to the
progress of the work.
f) Review and provide recommendations regarding the proposed construction
schedule submitted by the construction contractor and updates thereof.
g) Assist the City in conducting pre-construction meetings, and record and distribute
records of such meetings.
h) Prepare and distribute as required, monthly status reports to include budget
information, current estimates of Construction Cost and schedule, obligations
and action items required, status of change orders, anticipated change orders,
FM 518 West Sewer & Lift Stations 03/31/2003 Page 1 of 4
Contract for Construction Management and Inspection Services
for the
FM 518 West Sewer & Lift Stations
Exhibit A - Scope of Services and Compensation
expenditures and estimated cost at completion, contractor payment reports,, and
other information necessary to define the current Work Order status.
i) Preparation and processing of construction contract change orders. Maintain a
record of all field orders, directives, time extensions, and requests for
information, proposals, and change orders. Evaluate and negotiate change
orders as authorized and approved by the City and make recommendations
regarding change orders to the City.
j) Monitor the required testing to assure in his professional opinion that sufficient
testing is performed, secure and distribute (or cause to be distributed)
information from the testing laboratories to the City regarding necessary field and
laboratory tests, and review the results of such tests with the City for compliance
with the Construction Documents for a Work Order, assisting the City when
necessary.
k) Collect all records, certificates, guarantees, warranties and releases required
from the construction contractor(s) and transmit to the City as required. Maintain
an all-inclusive file or transmittal to the City at the completion of a Work Order.
I) Assist the City with the analysis and defense of claims relating to a Work Order
and maintain Work Order records to support this effort.
m) Assist the City in the completion and acceptance procedures and tests required
for a Work Order.
n) Administer the construction contract, work to achieve timely completion of the
construction of a Work Order, process submittals, and coordinate activities of the
construction contractor.
o) Provide advice, reviews, and assistance to City and the Engineers in connection
with the construction of a Work Order.
p) Assist City and Engineers 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 sewerage districts, drainage and levee districts, and other local
public agencies.
q) Perform review, coordination, and liaison work between City and Engineers, and
interested public or private entities to achieve maximum efficiency and continuity
in the construction of a Work Order.
r) Provide constructability review as necessary.
s) Coordinate or monitor compliance of construction contractor compliance with
required permits.
t) Provide project management and administration for performance of the above-
defined tasks to accomplish the goal of coordinating and expediting the
completion of all Work Orders.
u) Familiarization with studies, reports, etc., prepared in advance of or during
design of a Work Order.
v) Review of working drawings and specifications related to a Work Order design
where appropriate.
w) Provide advice and consultation concerning such documents, including
particularly their adequacy, accuracy, and constructability.
FM 518 West Sewer & Lift Stations
03/31/2003 Page 2 of 4
Contract for Construction Management and Inspection Services
for the
FM 518 West Sewer & Lift Stations
Exhibit A - Scope of Services and Compensation
x)
Conduct meetings that include the City, Engineer and others prior to and during
the construction phase of a Work Order and coordinate the above-mentioned
parties.
Construction Inspection Services
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. Notify the City if the construction
contractor's work is not in compliance with Construction Documents including all
addendums and change orders and notify the City of any failure of the
construction contractor to take measures to place such work in compliance.
c) Inspect and observe the materials and equipment being incorporated into the
work to assure that they are handled, stored and installed properly and
adequately and are in compliance with the Construction Documents. Report to
the City regarding these activities.
d) Identify problems encountered in accomplishing the work and recommend the
appropriate action the City for resolution of problems to minimize impact on
timely completion of Work Orders.
e) Attend and anticipate 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 a Work Order in order to facilitate the revisions of tracings to conform to the
construction records. Provide a copy of the daily progress reports to the City.
h) Verify the quantities contained in the construction contractor's pay request and
make recommendations to the City regarding payment of periodic and final
requests for payment.
i) Conduct of construction methods shall remain the exclusive responsibility of the
construction contractor.
Supplemental Activities
The CM shall perform supplemental activities not defined above but necessary and
related to the purposes of this Agreement as authorized in writing by the City. The CM
shall receive a written description of each activity from the City, review its requirement,
and submit an estimate of the cost to perform. The CM shall not proceed on any
supplemental activity unless the City has approved the estimated cost and authorized
the CM to proceed.
Additional Services
a) Geotechnical consulting services for the construction phase have been
requested on the FM 518 West Sewer and Lift Stations project due to the existing
poor soil conditions anticipated. The Geotechnical Engineer will verify soil
conditions for the placement of manholes and make any required
FM 518 West Sewer & Lift Stations 03/31/2003 Page 3 of 4
Contract for Construction Management and Inspection Services
for the
FM 518 West Sewer & Lift Stations
Exhibit A - Scope of Services and Compensation
recommendations for changes in design due to geotechnical conditions as they
are encountered. These services will be sub-contracted to Geotest Engineering,
Inc.
D. BASIS OF COMPENSATION
Compensation will be determined based on actual salaries times a multiplier of 2.95 for
office personnel and 2.75 for field personnel. Expenses and sub-consultants will be
billed at a multiplier of 1.10.
The estimated costs are based upon construction on both project occurring
simultaneously and being completed within the time frame identified in the construction
contracts. One full time inspector will be provided to cover both projects. An additional
part-time inspector shall be provided if required. If the construction times are extended or
the projects due not occur simultaneously, then additional funds may be required.
The estimated costs for Construction Management and Inspection Services are as
follows:
FM 518 West Sewer & Lift Stations:
$181,175.00
The estimated cost for geotchnical consulting services:
10% multiplier on sub-consultants
$16,660.00
$1,666.00
Total: $199,501.00
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