R-2016-131 2016-07-25 RESOLUTION NO. R2016-131
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract for construction management and
construction inspection services with Ardurra Group, for the
Reflection Bay Water Reclamation Facility 6 MGD Expansion Project,
in the amount of $1,780,817.00, contingent upon the closing of the
TWDB loan for this project on August 4, 2016.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS:
Section 1. That proposals for construction management and construction inspection
services associated with the Reflection Bay Water Reclamation Facility Expansion Project have
been reviewed and tabulated.
Section 2. That the City Council hereby awards the contract to Ardurra Group, in the
amount of $1,780,817.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction management and construction inspection services associated with the
Reflection Bay Water Reclamation Facility 6 MGD Expansion Project, contingent upon the
closing of the TWDB loan for this project on August 4, 2016.
PASSED. APPROVED and ADOPTED this the 25th day of July, A.D., 2016.
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TOM REID
MAYOR
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DARRIN M. COKER
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(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.
E. 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.
F. 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.
Design 2 of 6 D3. Revised 1/14
SECTION II-PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed 33 months after execution of this contract.
SECTION III -CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
1. Basic Services (Hourly Not to Exceed) $1,780,817.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Lump Sum):
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services(Hourly Not to Exceed)
5. Reimbursable Expenses (Not to Exceed)
6. Total: $1,780,817.00
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
Design
3 of 6 D3.Revised 1/14
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 2032 Buffalo Terrace, Houston, TX 77019. 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`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.
Design 4 of 6 D3.Revised 1/14
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
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.
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.
Design 5 of 6 D3.Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
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1•
CIS OF PE • RLAND, TEXAS DATE
L�r • /(z."1 07/22/2016
CON/1 ANT DATE
Design 6 of 6 D3.Revised 1/14
4rdurra
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2032 Buffalo Terrace
Houston Texas 77019
TBPE Firm#17004
(t)713.385.5601
www.ardurragroup.com
July 14, 2016
Mrs. Andrea Brinkley
City of Pearland
Engineering& Capital Projects
3519 Liberty Drive
Pearland,Texas 77581
Subject: Proposal for Professional Engineering Services
Construction Management Services for the
Reflection Bay Water Reclamation Facility Expansion Project
Dear Mrs. Brinkley:
Ardurra Group, LLC(Ardurra) is excited to have the opportunity to submit this proposal to the City of
Pearland to provide professional engineering services in conjunction with the subject project.
Please find the attached Exhibit A-Construction Management Scope of Services which provides the
detailed scope of services including preconstruction, construction administration and management,
inspection, pay application review, and document control services, as well as managing change orders,
review of testing laboratory results, project completion and closeout, and performing 12 month warranty
period support and inspection.
Based on the scope of services included in Exhibit A,we propose to complete the work under a maximum
not to exceed basis in the amount of$1,780,817.00 as shown in the task breakdown in Exhibit B.
We look forward to beginning work on this important project and appreciate the opportunity to serve the
City of Pearland. If you have any questions or require additional information, please contact me at 713-
385-5601.
Since ely
J ffrey S. Peters, P.E., BCEE
Principal Engineer
Ardurra Group, LLC
TPBE Firm Registration No. 17004
Attachments
TEXAS I LOUISIANA I MISSISSIPPI I FLORIDA I NEW YORK
EXHIBIT A
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T E X A S
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CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
REFLECTION BAY WATER RECLAMATION FACILITY EXPANSION PROJECT
Design 1 of 12 D5. Revised 01/12
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 (on specific projects, as requested by the
City/Owner)
1 .1 . Chair Pre-Construction Meeting
1.1 .1 . Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.1 .2. Utilize the City's Project Management information
system ( Manage It ): set communications protocol
and contract administration procedures, establish
progress meeting schedule and submittal schedule.
1.1 .3. Provide agenda for meeting: 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,
contractor's use of City's Manage It system, etc.
2. Construction Administration and Management Services
2.1 . Act as the City's on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2. Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and
distribute via Pro-Trak to: City Project Manager, Design Engineer
and contractor throughout the duration of the project.
Design 2 of 12 05. Revised 01 12
2.2.1 . Schedule monthly progress meetings as well as minor
progress meetings every four weeks (opposite
monthly progress meetings) for a total of 2 per month,
to review the following: work progress and schedule,
outstanding issues, status of submittals and
responses shop drawings unforeseen issues 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.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and as-built drawings.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
2.3. Manage Construction
2.3.1 . All final documentation is required in electronic/digital
format, utilizing Manage It as is feasible.
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 as-built 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.
Design 3 of 12 D5. Revised 01/12
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 Project Manager for
review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.3.8. Monitor, on an on-going basis, cost impacts (both
increase and decrease) and track with schedule of
values. Identify any potential cost impacts related to
project delays and/or potential change orders and
notify Owner as appropriate.
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 via the City's Manage It system (i.e.
Daily Reports, Change Orders, RFIs and responses, Submittals
and responses, Request for Proposals, correspondence, SWPPP
inspections.)
Design 4 of 12 D5.Revised 01'12
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. Utilize City's Pro-Trak system for all inspection
reports.
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, including AIS
compliance according to furnished submittal data, 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.
Design 5 of 12 D5.Revised 01/12
3.1 .5. Inspect and observe electrical and instrumentation
installation utilizing personnel specifically trained in
those disciplines in accordance with the level of effort
shown in Exhibit B.
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.
3.3. Prepare and maintain daily progress log or daily construction
reports, photographs, records and track quantities installed that
day utilizing the City's Manage It system.
3.4. Ensure contractor reviews and approves daily reports and
quantities.
3.5. 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.
3.6. Attend and participate in progress meetings.
3.7. Create contacts for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store
in City's Pro-Trak system.
3.8. 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.
3.9. Maintain Resolution Log and respond to citizen complaints in Pro-
Trak system.
DeNi_n 6 o I'_ D5.Revised 01/12
3.10. 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 . Pay applications will be generated by the City's Manage It system
based on quantities approved in the daily reports. Review, verify
and enter quantities provided by contractor for all work in
compliance with contract documents.
4.1 .1 . Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
bid item quantities via Pro-Trak; meet monthly to
review pay estimate and quantities with contractor
4.1 .2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City. Collect certified payroll for compliance with Davis
Bacon requirements and upload to Manage It for City
review.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts via Manage It.
4.1.4. Notify City Project Manager when all electronic
signatures are completed in the Manage It system for
invoice processing.
4.1 .5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily Reports
in Manage It via Daily Reports.
4.1 .6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
I>r;i,n (>11__' D5.Revised 01/12
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities utilizing Manage It. 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)
5. Document Control
5.1. Utilize the City's Pro-Trak system to: 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;
review submittal and RFI log in Pro-Trak to ensure timely
responses; notify City Project Manager, Contractor and Design
Engineer of time critical issues.
5.1.1. Respond to RFIs when such response does not
require the Engineer's opinion or expertise or
direction from City.
5.1.2. 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.
5.1.3. As may be required by TWDB, maintain project files
with in City's Project Management information system
(Manage It), in accordance with TWDB requirements.
Design 8 of 12 D5.Revised 01'12
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner via
Pro-Trak. Review RFP and contractor proposal for additional
work with City Project Manager and Design Engineer for approval.
Ensure the status of RFP and Responses from Contractor, City
and Design Engineer are uploaded/logged and tracked in the
Manage It system.
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 City review in
Manage It.
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 in Manage It. 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
Design 9 of 12 05. Revised 01/12
inspections via Manage It. Record and monitor contractor's
corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
B. Coordinate and obtain Design Engineer's signature and seal
on Substantial Completion certificate and Final Completion and
Acceptance certificate via Manage It.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor — forward to Engineer for review.
Ensure Contractor's closeout documents are uploaded to Manage
It. Review for completeness and accuracy, including; affidavits of
final payment, final pay estimates, as built records, redlines and
drawings. Once received, notify the Design Engineer and City
Project Manager when completed, upload to Manage It.
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, redline plans and as-
built or record drawings to City via Manage It.
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.
Design 10 of 12 D5. Revised 01/12
9. Warranty Period
9.1 . 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.
9.2. Provide staff to conduct and participate in the warranty
inspections.
9.3. Prepare list of non conforming work for presentation to the City
Project Manager, Design Engineer and Contractor via Manage It.
9.4. Oversee repairs for non-conforming work with Contractor.
9.5. Submit final report on completed warranty repairs via Manage It.
10.Schedule
10.1 . The Construction Manager shall initiate the work immediately
upon execution of the Agreement and upon issuance by the City
of Notice to Proceed.
10.2. The contractual duration is 1,000 calendar days (33 months) until
the final phase Substantial Completion per the contract
documents and according the schedule submitted by the
anticipated General Contractor with an estimated additional 60
days for final closeout and punch list completion.
11.Cost
11.1 . A detailed breakdown of the level of effort of proposed fees in
included as Exhibit B.
Dcsien I 1 of 12 D5.Revised O1%12
12.Clarifications and Exclusions
12.1. The fees and scope are based on providing services for the
duration of the contract period of performance defined as 1,000
calendar days (33 months) until the final phase Substantial
Completion and in accordance with the schedule submitted by the
anticipated General Contractor. An anticipated additional 60 days
for final closeout and punch list completion are also included as
well as performance of the 12 month warranty month warranty
inspection. Extension of the contract period of performance shall
warrant negotiation of mutually agreeable commensurate
additional fee to accommodate the extended schedule.
12.2. Davis-Bacon wage compliance and certification are to be provide
by the Owner and is not part of this scope.
Design 12 of 12 D5.Revised 01%12
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