R2019-025 2019-01-28 RESOLUTION NO. R2019-25
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract for construction management, construction inspection and materials
testing services with Freese and Nichols, Inc., for the Shadow Creek Ranch
Bike/Pedestrian Trail Project, in the amount of$133,575.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That proposals for construction management, construction inspection and
materials testing services associated with the Shadow Creek Ranch Bike/Pedestrian Trail Project
have been reviewed and tabulated.
Section 2. That the City Council hereby awards the contract to Freese and Nichols, Inc.,
in the amount of $133,575.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for construction management, construction inspection services and materials testing services
associated with the Shadow Creek Ranch Bike/Pedestrian Trail Project.
PASSED, APPROVED and ADOPTED this the 28th day of January, A.D., 2019.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Freese and Nichols, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and Inspection
Services for a project known and described as Shadow Creek Ranch Trail (Nature Park to Kirby)
("PROJECT"). (Project # PK 1401)
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
Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The
PROJECT schedule shall conform to the construction schedule.
B. 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.
C. 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.
D. 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.
Dcsign 1 of 6 D3.Rcviscd 2018
(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.
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SECTION II- PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed 12 months after execution of this contract.
SECTION III -CONSULTANTS 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. Construction Phase Services (Hourly Not to Exceed) $95,523.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Not to Exceed): $33.369.00
3. Reimbursable Expenses (Not to Exceed) $4,683.00
4. Total: $133,575.00
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
its sub-consultant(s) or in any way affect the CONSULTANT's status as an
independent contractor of the CITY.
Design 3 of 6 D3.Revised 2018
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 11200 Broadway Street, Suite 2320, Pearland, TX 77584.
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.
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.
Design 4 of 6 D3.Revised 2018
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.
1-- 2 161
CI Y OF " a ' AND, TEXAS DATE
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CON' TANT /DATE
Design 5 of 6 D3.Revised 2018
House Bill 89 Verification
I, S,El= 174 /1--0 R (Person name), the undersigned
representative (hereafter rerred to as "Representative") of
fr--Kee5 Al.z -IoL-S. 177,)G. (company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do
hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of
Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by
Texas Government Code Section 2270.001 to mean refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli-controlled territory, but does not include
an action made for ordinary business purposes.
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SIGNATURE fO7REPRE NTATIVE
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Nota Publi
Design 6 of 6 DI Revised 2018
FREESE
aNICHOLS
11200 Broadway Street,Suite 2320 • Pearland, Texas 77584 • 832 456 4700 • FAX 817 735 7491
January 16, 2019
Ms. Cara Davis
Senior Project Manager, Engineering and Capital Projects
City of Pearland
2559 Hillhouse
Pearland, TX 77584
Re:
Dear Ms. Davis:
Freese and Nichols is pleased to provide the attached proposed scope and fee, Attachment A dated
January 16, 2019, for the Construction Management and Inspection for the Shadow Creek Bike and
Pedestrian Trail.
We are ready to initiate work upon execution of a contract. If you have any questions please do not
hesitate to call us at 832-456-4707
Sincerely,
""/ 7/
Rich Heine, P.E.
Associate - PMCM Group Manager
Freese and Nichols, inc.
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Jeff TayygyP.E.
Vice President
Freese and Nichols, Inc.
Attachment A
ATTACHMENT A
Project Understanding:
Freese and Nichols, Inc. (FNI) will provide professional construction management and inspection services
to the City of Pearland for the construction of the Shadow Creek Bike and Pedestrian Trail. The Engineer
shall perform the following tasks by function code as outlined below. The contract duration is 180 calendar
days:
Services to be provided by the Engineer:
FUNCTION CODE 309
DESIGN VERIFICATION, CHANGES AND ALTERATIONS
a. Utilize the City's Pro-Trak system to: receive, route, track and log 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 verify that timely responses are provided;
notify City Project Manager, Contractor and Design Engineer of time critical issues.
i. Respond to RFIs when such response does not require the Engineer's
opinion or expertise or direction from City.
ii. 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.
b. 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. Record the status of RFP and Responses from Contractor, City and Design
Engineer and verify they are logged and tracked in the Pro-Trak system.
c. 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.
d. Prepare Change Order and documentation including signatures of Contractor, Engineer
and Construction Manager for delivery to City. Submit all change orders to TxDOT for
review and approval.
FUNCTION CODE 310
PROJECT
SUPERVISION
a. 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.
Services provided will support the City's efforts to comply with TxDOT Local Government
Project Procedures (LGPP). Construction Manager will utilize Chapter 11 of TxDOT LGPP
in supporting the City.
b. 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.
i. Schedule meetings every two weeks, minimum, to review the following: work
progress and schedule, outstanding issues, status of submittals and responses
shop drawings unforeseen issues and changes to the work. The estimated
number of progress meetings is thirteen (13).
Page 1 of 5
Attachment A
ii. Coordinate additional meetings as necessary to discuss and resolve
problems and provide guidance in a timely manner.
iii. Attend bi-weekly conference call coordination meetings (13).
c. Construction Contract Administration
i. Project final documentation is required in electronic/digital format, utilizing Pro-Trak
as is feasible.
ii. As field problems arise, notify the Design Engineer and City Project
Manager of proposed solutions to resolve problems.
iii. Review and update as-built documents regularly with contractor.
iv. Monitor and verify adherence to approved project baseline schedule. Review
contractor's schedule monthly, verify compliance with City's intended
schedule, and provide recommendations as needed to retain and regain
schedule if needed.
v. Recommend alternate project sequencing/scheduling to keep project on schedule.
vi. 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.
vii. Record weather conditions on jobsite daily.
d. 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.
i. Verify construction conformance and compliance with TCEQ, NOI and NOT.
ii. 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.
e. Maintain records of decisions, actions and activities with regard to construction
operations via the City's Pro-Trak system (i.e. Change Orders, RFIs and responses,
Submittals and responses, Request for Proposals, correspondence, SWPPP
inspections.)
FUNCTION CODE 320
INSPECTION OF WORK IN PROGRESS AND PROJECT RECORDS
a. Provide part-time (26 weeks at 24 hours per week) on-site technical observation of
Contractor's activities to verify that work materials, structures, equipment and
workmanship comply with the Contract Documents including Addenda and Change
Orders. Report on whether 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.
i. Notify the City Project Manager if Contractor's work that is observed is not in
compliance with the Contract Documents or specifications. Notify the City Project
Manager and Design Engineer of Contractor failure to take measures to repair and
bring work in compliance.
ii. Issue Advisory Notices to Contractor for observed work that is not in compliance
with approved construction documents,
iii. 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.
iv. Inspect and observe the materials and equipment being incorporated into the
work to verify that they are handled, stored and installed in accordance with the
Contract Documents and specifications. Report to the City Project Manager
regarding these activities.
b. Identify, record and notify Design Engineer of known problems or failures to meet
performance requirements in a timely manner to minimize delay in the progress of the
Page 2 of 5
Attachment A
project. Make recommendation(s) for appropriate solution to the City Project Manager
and Design Engineer.
c. Prepare and maintain daily progress log or daily construction reports, photographs,
records and track quantities installed that day utilizing the City's Pro-Trak system.
d. Verify that contractor reviews and approves daily reports and quantities.
e. Verify contractor has obtained necessary permits and is maintaining Traffic Control,
public notification and Storm Water Pollution Prevention Plans, facilities, equipment or
arrangements in accordance with contract documents.
f. Attend and participate in progress meetings.
g. Create contacts for your record for: names, addresses, telephone numbers and email of
project contractors, subcontractors, sub consultants and major suppliers of material and
equipment; store in City's Pro-Trak system.
h. 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.
i. Maintain Resolution Log and respond to citizen complaints in Pro-Trak system.
j. Consult with City Project Manager and Design Engineer in advance of scheduled major work
operations, tests, inspections or start of important phases of project.
k. Pay applications will be generated by the City's Pro-Trak system based on quantities
approved in the daily reports. Review and verify quantities provided by contractor for
work performed.
i. 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
ii. Review progress pay application with Design Engineer for approval or revision prior
to submittal to City. Coordinate with TxDOT project manager regarding completion
of work prior to submission of reimbursement requests.
iii. Finalize pay application with signatures from Contractor, Engineer and
Construction Manager certifying quantities and amounts via Pro-Trak.
iv. Notify City Project Manager when all electronic signatures are completed in the Pro-
Trak system for invoice processing.
v. Track and record requests for rain or other delays with potential to add to Contract
Time in Daily Reports in Pro-Trak.
vi. Provide an independent quantity forecast bid items to identify potential quantity
over- runs as part of pay estimate review.
vii. Prepare monthly reimbursement requests to TxDOT based on the contractor's work
(FNI invoice will not be part of the reimbursement process. It will be submitted
through the standard City invoice process).
I. Upon completion of the work, prepare a final progress payment including a balancing
change order zeroing out all unused quantities utilizing Pro-Trak. Identify and add
additional quantities and make any approved changes to the Contract Time.
i. Review and coordinate with Design Engineer to provide Engineer's
recommendation for Substantial Completion or Final Acceptance. (See Close-out
Section)
FUNCTION CODE 330
JOB CONTROL
a. Construction Project Manager shall:
i. Coordinate testing laboratory activities with Contractor's activities.
ii. Review test results with Contractor
iii. Review test reports for compliance with Contract Documents.
iv. Review lab test reports and log any failures
v. Review Invoicing from Laboratory to daily activities.
Page 3 of 5
Attachment A
FUNCTION CODE 352
FINAL PLAN PREPARATION
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, Engineer of Record and others as directed.
Prepare a list of non-conforming work based on visual inspections via Pro-Trak. Record
and monitor contractor's corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
b. Coordinate and obtain Engineer of Record's signature and seal on Substantial Completion
certificate and Final Completion and Acceptance certificate via Pro-Trak.
c. Review and compile any Operation and Maintenance documents required from the
Contractor—forward to Engineer for review. Upload and/or verify that Contractor's
closeout documents are uploaded to Pro-Trak. Review for completeness and accuracy,
including; affidavits of final payment, final pay estimates, as built records, redlines and
drawings. Once received, notify the Engineer of Record and City Project Manager when
completed.
i. Upon completion of close out items, provide recommendation for City's
Substantial Completion/Final Acceptance certificate.
ii. Provide indexed project files, redline plans and as-built or record drawings to
City via Pro-Trak.
d. Conduct Project Close-Out Meeting.
e. Prepare and recommend final payment application. (Prepare job record logs
transmittals, and correspondence reports in an organized file for delivery to City.)
FUNCTION CODE 390
CONSTRUCTION ENGINEERING NOT OTHERWISE CLASSIFIED
a. Pre-Construction Meeting
i. Review plans and specifications in preparation for construction.
ii. 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 Pro-Trak system, etc.
iii. Utilize the City's Pro-Trak system: set communications protocol and contract
administration procedures, establish progress meeting schedule and submittal
schedule.
iv. Schedule and conduct the pre-construction meeting; record and disseminate
minutes from pre-construction meeting.
FUNCTION CODE 300(330)
GENERAL FUNCTION
The Engineer shall hire a TxDOT certified material testing lab, herein referred to as MT Lab, to
perform all sampling and testing of components and materials in accordance with the standard
specifications, and all other standard and special specifications and special provisions applicable in
this agreement. Meet the minimum sampling frequencies set out in the TxDOT 2015 Guide
Schedule for Sampling and Testing for materials. The testing shall include the following materials
and all the components of the materials listed: Asphalt, Concrete, Soils and Aggregates. The
estimated number of samples and tests are based on quantities in the executed construction
contract.
a. The Engineer/MT Lab shall ensure the testing is completed and input into Pro-Trak. NOTE:
The contractor is responsible for testing Item 360 Concrete Paving.
b. The Engineer/MT Lab shall provide certified personnel, outlined in their Quality Assurance
and Quality Control (QA/QC) plan that are knowledgeable of all materials testing
Page 4 of 5
Attachment A
procedures. All personnel performing acceptance tests must provide certifications and must
maintain the certifications throughout the project. The State reserves the right to require
replacement of any technician during this contract if performance is determined to be
unsatisfactory or the technician fails to maintain appropriate certifications.
c. The Engineer/MT Lab shall provide technicians certified in accordance with TxDOT Quality
Assurance Programs for Construction (QAP) or other State approved programs, such as the
Texas Asphalt Pavement Association (TxAPA) for Hot Mix Asphalt, and the Soils and Base
Certification Program, as listed below.
d. The Engineer/MT Lab shall provide certified technicians to perform the following tests:
i. Hot Mix Asphalt Testing
• Level I-A
• Level I-B
• Level II
• All other tests in the Manual of Testing Procedures 200-F Series or ASTM Procedures
not covered in Level I-A, Level l-B, or Level II
ii. Concrete Testing
• QAP Program for Concrete Testing
• Other tests outlined in the Manual of Testing Procedures 400-A Series or ASTM
Procedures that are not included in the QAP Program
e. The Engineer/MT Lab shall perform testing on the project. These tests include all tests listed
in State's Guide Schedule to Sampling and Testing dated 2015. Follow the State's Guide
Schedule of Sampling and Testing to establish testing frequencies. Testing frequencies may
be increased as directed by the State.
f. The Engineer/MT Lab shall notify the State, to determine if any tests may be waived.
g. The Engineer/MT Lab shall attend preconstruction QA and QC testing meetings prior to
beginning work.
h. The Engineer/MT Lab shall:
i. Review and recommend approval or rejection for all sampling and testing
documentation submitted by the contractor for compliance with applicable State and
federal regulations, standards, and contract requirements.
ii. Verify all materials used meet specifications or identify materials that do not meet
specifications and recommend action which should be taken.
iii. Certify that all materials used during construction meet the specifications as outlined in
the Site Manager Support System.
iv. Resolve all material discrepancies before the next monthly estimate is processed.
v. Enter all test data in Pro-Trak.
vi. Enter all mix designs, concrete and asphalt, into Pro-Trak Manager.
i. The Engineer/MT Lab shall report failing tests within twenty-four (24) hours.
Additional Services
Additional Services, if requested by the City, may include but are not limited to the following:
1. Attendance at claims resolutions meetings
2. Preparation, Attendance, and resolution of TxDOT/FHWA Audit
3. Extension of contract beyond 180 days from NTP.
4. Warranty support/efforts
a. Consult with City on any potential Warranty items requiring repair or replacement.
b. 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.
c. Provide staff to conduct and participate in the warranty inspections.
d. Prepare list of non-conforming work for presentation to the City Project Manager, Engineer
of Record and Contractor via Pro-Trak.
e. Oversee repairs for non-conforming work with Contractor.
f. Submit final report on completed warranty repairs via Pro-Trak.
Page 5 of 5
Attachment A
Freese and Nichols,Inc.
City of Pearland Project Fee Summary
CMI and LGPP for Shadowcreek Trail Basic Services 133,575
Construction Duration 180 Days Special Services -
Detailed Cost Breakdown Total Project 133,575
Basic Services
Employee Paul Jaap Scott Nevotti Ty Heine Jeanne Hayward
Project Role CIA/SrAdvlsor PM/CM Inspector DCS
LGPP yes yes no res Total
Raw Rate $61 as $43 96 $23 72 $33 54 Total Hours Total Labor Expense Total Sub Total Effort
Phase Task Federal/TxDOT Overhead Rate 17308 17308 17308 173080 Effort Effort
Effort
Profit 10% 10% 10% 10%
Multiplier 3.00 3.00 300 300
Tasks. Current Hourly Bill Rate $186 $132 $71 $101
FC309 Design verification,changes and alterations 1 1 $ 186 $ 3,270 $ 33,369 $ 36,825
a Manage submittals using Pro-Trak system 12 12 $ 1,208 $ 363 $ - $ 1,571
Respond to RFIs(not EOR) 5 5 $ 660 $ 726 $ - $ 1,386
Facilitate/review revisions for final as-builts 1 1 $ 132 $ - $ - $ 132
b RFPs-prepare and issue(2) 6 6 $ 792 $ - $ - $ 792
Recommend on technical matters.Evaluate/Negotiate GC
c 4 4 $ 528 $ $ $ 528
response/proposal(2)
d CO-prepare,document,coordinate(2) 4 4 $ 528 $ - $ - $ 528
FC310 Project Supervision 8 8 $ 1.485 $ - $ - $ 1,485
a Contract Admin,project oversight IAW LGPP 26 26 $ 3,429 $ - $ - $ 3,429
b Meetings-schedule,conduct,agendas,minutes $ - $ 324 $ - $ 324
i Bi-weekly meetings(13) 39 13 26 78 $ 8,684 $ - $ - $ 8,684
ii Additional Meeting to address issues/problems(2) 8 8 $ 1,055 $ - $ - $ 1,055
iii Weekly Conference Call 12 12 $ 1,583 $ - $ - $ 1,583
c Construction Contract Administration 24 24 $ 2,415 $ - $ - $ 2,415
i Electronic documentation input into Pro-Trak 66 $ 792 $ - $ - $ 792
ii Coordinate field problems with City/EOR 8 8 $ 1,055 $ - $ - $ 1,055
iii Review/update as-builts with GC(13) 6 6 $ 427 $ - $ - $ 427
iv Review GC schedule monthly(6) 6 6 $ 792 $ - $ - $ 792
v Recommend alt sequence $ - $ - $ - $
vi Prepare monthly summary reports(6) 6 6 $ 792 $ - $ - $ 792
vii Record weather conditions $ - $ - $ - $ -
d Coordinate work of GC with external agencies F _ $ - _ $ - $ - $ -
i Verify conformance with TCEQ(NOI&NOT) 1 1 $ 132 $ - $ - $ 132
ii Verify conformance with permited activities 1 1 $ 132 $ - $ - $ 132
e Maintain records of decisions(COs,RFls,RFPs,etc) 16 7 _$ 736 $ - $ - $ 736
FC320 Inpsection of work in progress(180 days) 4 4 $ 743 $ - $ - $ 743
a Provide full-time on site RPR 624 624 $ 44,397 $ - $ - $ 44,397
i Notify non-conformance work. Notify failure of GC to fix 6 6 $ 792 $ - $ - $ 792
ii Issue advisory notices $ - $ - $ - $ -
iii Issue non-compliance reports $ - $ - $ - $ -
iv Inspect and observe materials&equip. $ - $ - $ - $ -
b ID,record.Notify of probiems/failures 2 2 $ 264 $ - $ - $ 264
c Prepare&maintain DCRs,photos,etc $ - $ - $ - $ -
d Verify GC reviews/approves daily reports/quantities 66 $ 792 $ - $ - $ 792
e Verify GC obtains permits,maintains TCPs,SW3P 2 2 $ 264 $ - $ - $ 264
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Freese and Nichols,Inc.
City of Pearland Project Fee Summary
CMI and LGPP for Shadowcreek Trail Basic Services 133,575
Construction Duration 180 Days Special Services -
Detailed Cost Breakdown Total Project 133,575
f Attend/participate in progress mtgs $ - $ - $ - $ -
g Create/maintain contacts within Pro-Trak 2 2 $ 202 $ - $ - $ 202
h Notify non-conformance work. Notify of failure of GC to fix $ - $ - $ - $ -
i Maintain resolution log and respond to citizen $ - $ - $ - $ -
j Coordinate on major work items $ - $ - $ - $ -
k Pay applications(6) 6 18 24 $ 2,603 $ - $ - $ 2,603
i Review daily,meet monthly review with GC $ - $ - $ - $ -
ii Review with EOR.Coordinate with TxDOT $ - $ - $ - $ -
iii Finalize and get signatures from GC,EOR,CM $ - $ - $ - $ -
iv Notify City PM when signatures complete $ - $ - $ - $ -
v Track/record requests for rain days/delays in Pro-Trak $ - $ - $ - $ -
vi Provide independent qty forecast(over/under) 6 6 $ 792 $ - $ - $ 792
vii Prepare monthly TxDOT reimbursement requests(6) 6 12 18 $ 1,999 $ - $ - $ 1,999
i Prepare final progress payment,balance CO,zero qty 2 4 6 $ 667 $ - $ - $ 667
i Review/coordinate substantial and final 1 1 $ 132 $ - $ - $ 132
FC330 a Job Control 1 1 $ 186 $ - $ - $ 186
i Lab management 6 6 $ 792 $ $ $ 792
ii Review test results with GC $ - $ - $ - $ -
iii Review test reports for compliance with CDs 10 10 $ 712 $ - $ - $ 712
iv Review lab test reports and log failures 1 10 11 $ 844 $ - $ - $ 844
v Review invoicing from Lab/daily activities 6 6 $ 792 $ - $ - $ 792
FC352 Final Plan Preparation 2 2 $ 372 $ - $ - $ 372
a Punchlist 1 1 2 $ 233 $ - $ - $ 233
Substantial Completion 4 1 5 $ 629 $ - $ - $ 629
Final Completion 4 1 5 $ 629 $ - $ - $ 629
b Coordinate/obtain EOR signature of SC and FC 1 1 $ 132 $ - $ - $ 132
c Review/compile O&M,closeout docs 2 16 18 $ 1,874 $ - $ - $ 1,874
d Conduct project close-out meeting 4 4 8 $ 930 $ - $ - $ 930
e Prepare/recommend final pay app 2 4 6 $ 667 $ - $ - $ 667
FC390 Construction Engineering not otherwise classified 2 2 $ 372 $ - $ - $ 372
a Pre-Constuction $ - $ - $ - $ -
i Review plans/specs and prep for construction 8 24 2 34 $ 2,964 $ - $ - $ 2,964
ii Prepare Agenda 2 4 6 $ 667 $ - $ - $ 667
iii Setup commo protocol and submittal schedule 2 _ 2 4 $ 465 $ - $ - $ 465
iv Conduct Precon and minutes 4 2 4 10 $ 1,073 $ $ $ 1,073
$ - $ - $ - $ -
Total Basic Services Hours 18 218 689 143 - 1,068 $ 95,523 $ 4,683 $ 33,369 $ 133,575
Total Basic Services Labor Effort 3,340 28,747 49,021 14,388 $ -
Hot Spot Color Total Exp
Phase Task Expenses Tech Charge Miles Cell phone
(Wifi) (sheet) Effort
Mileage(inspection,meetings,etc) 6,000 $ 3,270
Hot spot($55/month) 330 $ 363
2 of 3 L:\Resources\OLCR\P\Pearland\Shadow Creek Trail LGPP CMI\Copy of FNI-Shadowcreek LGPP CMI Fee v6 1/16/2019
Freese and Nichols,Inc.
City of Pearland Project Fee Summary
CMI and LGPP for Shadowcreek Trail Basic Services 133,575
Construction Duration 180 Days Special Services -
Detailed Cost Breakdown Total Project 133,575
Cell phone($110/mo) 660.000 $ 726
Printing 8.5 x 11 1,295 $ 324
Total Basic Services Items 1,068 6,000 330 660.000 1,295
Total Basic Services Expenses Effort $ - $ 3,270.00 $ 363.00 $ 726.00 $ 323.75 $ 4,683
Phase Task Subconsultants Geotest [Name 2] [Name 3] [Name 4] Total Sub
Effort
FC300 (330) Material Testing 30,335 $ 33,369
$ -
Total Basic Services Subconsultants Cost $ 30,335 $ - $ - $ -
Total Basic Services Subconsultants Effort $ 33,369 $ - $ - $ - $ 33,369
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