R2008-149 2008-11-24 T70041RESOLUTION NO. R2008-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE
MAGNOLIA ROAD EXPANSION PROJECT (PHASE III).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and inspection
services associated with the Magnolia Road Expansion Project, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for construction management and inspection
services associated with the Magnolia Road Expansion Project.
PASSED, APPROVED and ADOPTED this the 24t" day of ev tuber, A.D., 2008.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-149
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on by and between the City of Pearland ("CITY")
and ESPA Corp. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and
Construction Inspection Services. (Project # T70041).
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 perform Construction Management and Construction
Inspection Services for the Magnolia Rd. Expansion project, Magnolia Rd.
from CR 89 to Harkey Rd., CR 89 from Magnolia/Southfork to Northfork,
and Southfork Rd. from Morgan Rd to CR 89. See Exhibit A, attached, for
the detailed Scope of Services and Exhibit B for the Level of Effort Budget.
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.
Design 1 of 5 I5. Revised 7/25/08
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.
Design 2 Of 5 15. Revised 7/25/08
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 at the time that the one-year
warranty period is completed for the PROJECT .
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a Time and Materials Not to
Exceed contract. Total compensation for the services performed shall be the sum
of $511,510.00.
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.
Design 3 of 5 15. Revised 7/25/08
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 ESPA Corp. 7120 Grand Boulevard, Suite
100 Houston TX 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 15~" 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.
Design 4 of 5 15. Revised 7/25/08
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.
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 24th day of November , 2008.
v
BIL EI N, CITY MANAGER 11 / 24 /08
CITY OF PEARLAND, TEXAS
ESPA CORP.
CONSULTANT
Design 5 of 5 l5. Revised 7/25/08
November 17, 2008
City of Pearland
Project Works Department
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Andrea Brinkley, Project Manager
Subject: Proposal - Construction Management and Inspection Services for
Magnolia Road Expansion Project Phase II -Revised
Dear Mrs. Brinkley
ESPA CORP is pleased to submit this Proposal to the City of Pearland ("Owner") to
provide Construction Management and Inspection services for Magnolia Road Expansion
Project Phase II. The scope of services outlined below has been prepared based on our
discussions and City of Pearland Exhibit A. It is our understanding the City of Pearland
will supplement our inspection services with part-time and or full time inspection as
necessary to support the project needs. ESPA CORP will make every effort to ensure
that this arrangement is successful.
BASIC SERVICES
Construction Management and Inspection Services
SEE EXHIBIT A (Standard Scope)
7120 GRAND BOULEV,aRll, SUITE 100, HOUSTON, TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
Construction Management Services November 17, 2008
Magnolia Road Expansion Project Phase II
ESPA Proposal No. 08-002
COMPENSATION,
For Services rendered as outlined above, ESPA CORP shall be paid a fee not to exceed
Five Hundred Eleven Thousand Five Hundred Ten Dollars ($511,510.00) for the
Basic 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, an estimated construction schedule of 16 months and the scope detailed in
this proposal.
Respectfully,
ESPA CORD
Karun Sreerama, MBA, PhD., P. J So ells
President onstruction Services Manager
7120 GRIND 13o1'LE;v,~r21), S~ iTE 100, HOUST01i, TEXAS 77054
Ph: 713.680.0080 Fax: 713.680.0738 www.ESPA-CORP.com
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
MAGNOLIA RD EXPANSION
MAGNOLIA RD .FROM CR 89 TO HARKEY RD.,
CR 89 FROM MAGNOLIA/SOUTHFORK TO NORTHFORK,
SOUTHFORK RD. FROM MORGAN RD TO CR 89
Design 1 of 1 1 18. Revised 7/25/08
BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction
1.1 Attend Pre-Bid Meeting; provide feedback to City's Project
Manager as necessary.
1.2 Chair Pre-construction Meeting
1.2.1 Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.2.2 Set communications protocol and contract
administration procedures.
1.2.3 Provide agenda for meeting to cover: Key milestone
dates, pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities, etc.
Design 2 of 11 18. Revised 7/25/08
2 Construction Administration and Management Services
2.1 Act as the City's on-site representative and provide overall
project oversight.
2.2 Meetings: Schedule and conduct construction progress
meetings; record minutes from construction progress meetings
and distribute to City Project Manager, Design Engineer and
contractor throughout the duration of the project.
2.2.1 Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, submittals, shop drawings and
changes to the work.
2.2.2 Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.2.1 Coordinate/monitor the following: utility
relocation activities for compliance,
utility installation verification, reporting,
record management and as-built
drawings.
2.2.2.2 Attend all utility coordination,
construction, and scheduling meetings.
2.2.2.3 Obtain copy of ROW permit and prints
from Public Works in order to monitor
progress of utility relocation per
permit/plan.
Design 3 Of 1 1 l8. Revised 7/25/08
2.3 Manage Construction
2.3.1 All final documentation is required as an
electronic/digital format.
2.3.2 As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
2.3.3 Review and update asrbuilt documents regularly with
contractor.
2.3.4 Monitor and ensure adherence to approved project
baseline schedule. Review contractor's schedule
monthly, ensure compliance with City's intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5 Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6 Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly progress information associated with the
project will be submitted to the City for review and
approval.
2.3.7 Record weather conditions on jobsite daily.
Design 4 of 1 I 18. Revised 7/25/08
2.4 Coordinate work of contractor with external agencies and utility
companies. Coordinate 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.
2.4.1 Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2 Verify construction conformance with permitted
activities such as: City of Pearland Permits, U.S.
Army Corps of Engineers permits, TxDOT roadway
permits, and any Railroad agreements.
2.5 Maintain records of all decisions, actions and activities with
regard to construction operations (i.e. Change Orders, RFIs and
responses, Submittals and responses, Request for Proposals,
correspondence, SWPPP inspections.)
Design 5 of 1 1 l8. Revised 7/25/08
3 Construction Inspection Services
3.1 Provide full-time on-site technical observation of Contractor's
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract
Documents including Addenda, and Change Orders. Verify and
ensure that Contractor maintains good construction practices
and professional standards prevailing in the local City, County,
and State of Texas.
3.1.1 Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2 Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3 Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4 Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2 Identify, record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
Design 6 Of 1 1 18. Revised 7/25/08
3.3 Prepare and maintain daily progress log, photographs and
records for turnover at completion of project. Provide a copy of
daily progress log that includes quantities installed that day to
the City Project Manager on a weekly basis.
3.4 Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm
Water Pollution Prevention Plans, facilities, equipment or
arrangements in accordance with contract documents.
3.5 Attend and participate in progress meetings.
3.6 Gather for your records: names, addresses, telephone numbers
and email of all contractors, subcontractors, sub consultants
and major suppliers of material and equipment.
3.7 Immediately notify the City Project Manager and Design
Engineer in the event of an on-site accident. Record and note
conditions, activities and witnesses to the event.
3.8 Maintain Resolution Log and respond to citizen complaints.
3.9 Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections
or start of important phases of project.
4 Pay Applications
4.1 Produce and prepare independent progress based pay
applications on a monthly basis for all work in compliance with
contract documents. Review and verify quantities provided by
contractor.
4.1.1 Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; Meet weekly with contractor
to verify work conducted and bid item quantities; meet
monthly to review pay estimate and quantities with
contractor
Design 7 Of 1 1 18. Revised 7/25/08
4.1.2 Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3 Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4 Provide City Project Manager with one original with all
original signatures for processing and payment by the
10th day following the cut off date for pay applications.
4.1.5 Track and record requests for rain or other delays
with potential to add to Contract Time daily and
monthly.
4.1.6 Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2 Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities. Identify and add additional quantities and make any
approved changes to the Contract Time.
4.2.1 Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
Design 8 of 1 1 18. Revised 7/25/08
5 Document Control
5.1 Receive, route, track and log all Contractor communications,
Submittals, Change Orders, RFIs, Pay Applications and Citizen
Complaint/Resolution Log. Communicate with Contractor the
status of submittal reviews. Create and keep a submittal and
RFI log showing status. Notify City Project Manager, Contractor
and Design Engineer of time critical issues.
5.2 Respond to RFIs when such response does not require the
Engineer's opinion or expertise or direction from City.
5.3 Assemble and maintain notes, comments, sketches and
supportive data relative to the Project to facilitate the revision of
drawings to conform to the final as-built conditions. Review
Contractor's record keeping periodically to ensure
completeness, timeliness and progress.
6 Change Orders
6.1 Prepare and issue request for proposals in a timely manner.
Provide RFP and contractor proposal for additional work to City
Project Manager and Design Engineer for review and approval.
Log and track status of RFP and Responses from Contractor,
City and Design Engineer.
6.2 Provide recommendation on technical matters as an advocate
for the City. Evaluate Contractor's response/proposal for merit,
cost, time, accuracy and price practicality. Negotiate with
Contractor on City's behalf if required.
6.3 Prepare Change Order and documentation including signatures
of Contractor, Engineer and Construction Manager for delivery
to City.
Design 9 Of 1 1 18. Revised 7/25/08
7 Testing Laboratory and Results
7.1 Coordinate testing laboratory activities with Contractor's
activities. Review test reports for compliance with Contract
Documents. Log, track and retain test reports for file. Review
results with Contractor. Monitor any corrective action and re-
testing for compliance. Maintain compliance with City's
specifications
7.1.1 Review lab test reports and log any failures.
7.1.2 Review Invoicing from Laboratory to daily activities.
8 Project Completion and Close out
8.1 A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk
through upon receipt of contractor's notification of substantial
completion. Include City Project Manager, Design Engineer
and others as directed. Prepare a list of non-conforming work
based on visual inspections. Record and monitor contractor's
corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
B. Coordinate and obtain Design Engineer's sealed completion
and Final Acceptance letter.
Design 10 of 1 1 l8. Revised 7/25/08
8.2 Review and compile any Operation and Maintenance
documents required from the Contractor-forward to Engineer
for review. Collect Contractor's closeout documents to review
for completeness and accuracy, including; affidavits of final
payment, final pay estimates, as built records, redlines and
drawings. Once received, forward to Design Engineer along
with any supporting documentation.
8.2.1 Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
8.2.2 Provide indexed project files and redlines to City.
8.3 Conduct Project Close-Out Meeting.
8.4 Prepare and recommend final payment application. Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.
8.5 Consult with City on any potential Warranty items requiring
repair or replacement.
Warranty Period
8.5.1 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.
8.5.2 Provide staff to conduct and participate in the
warranty inspections.
8.5.3 Produce list of work not conforming for presentation to
the City Project Manager, Design Engineer and
Contractor.
Design 1 1 of 1 1 l8. Revised 7/25/08
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