HomeMy WebLinkAboutR2022-204 2022-10-10DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1
RESOLUTION NO. R2022-204
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction management and construction inspection services contract with
Cobb Fendley Associates, Inc., in the estimated amount of $264,565.30, for the
Safe Routes to School Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and construction
inspection services associated with the Safe Routes to School 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 construction inspection
services associated with the Safe Routes to School Project.
PASSED, APPROVED and ADOPTED this the 10th day of October, A.D., 2022.
DocuSigned by:
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J. IZgarC46LE
MAYOR
ATTEST:
by:
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FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
DocuSigned by:
DA�1B4�OKER
CITY ATTORNEY
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Exhibit A
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Cobb, Fendley & Associates, Inc. ("CONSULTANT"),
The CITY engages the CONSULTANT to perform Construction Management and Inspection
Services for a project known and described as Safe Routes to School ("'PROJECT"), (Project #
TR1602)
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_
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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
$1,000,00() for injury or death of any one person, 51,000,000 for each
occurrence, and S1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional. Iability Insurance and Workers'
Compensation. The CONSULTANT shall agree to waive its Right to
Subrogation. 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.
l'. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the constriction
related work not to exceed 10 months after execution of this contract.
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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 (Lump Sum)
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:
$260.979.30
$3.586.00
$264,565.30
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.
D. CONSULTANT shall invoice for work performed during the preceding thirty day
period ("Billing Period"). The Billing Period shall run from the 26th day to the
25`h day of each consecutive month. Invoices shall be submitted to CITY not
more frequently than once every 30 days. CONSULTANT shall be responsible
for timely submittal of all invoices and CONSULTANT shall not be entitled to
payment for invoices in arrears. All invoices shall reflect most recent single
Billing Period only and represent the true, correct and accurate account of work
performed during the Billing Period,
E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and
"Reimbursable" the CONSULTANT shall not exceed the fixed contractual
amount without written authorization in the form of a Contract Amendment,
CONSULTANT I' shall provide 45 days prior notice to the CITY in the event
contract fees may exceed the fixed contract amount. CONSULTANT shall be
responsible for ensuring that such authorization is complete and executed by all
parties performing any work or submitting any invoices for work that exceeds the
fixed contract amount under any expense category.
F. Allowable Reimbursable Expenses
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CONSULTANT shall identify and include in the proposal any anticipated
Reimbursable Expenses, and shall itemize Reimbursable Expenses by work
category. Reimbursable Expenses shall be invoiced AT COST without
subsequent markup by the CONSIJLI.AN7.. All invoices containing a request for
Reimbursable Expenses shall include copies of the original. expense receipts
itemized per the allowable category. Allowable Reimbursable Expenses include:
• Hard copy reproductions, copies and! or binding costs
• Postage
• Mileage, for travel from Consultant's local office (within a 25 mile radius)
to meetings at the City or job -site. Mileage shall be charged at the current
IRS rates.
R2.
• Travel expenses, mileage from local office to State or federal regulatory
agency office beyond 100 miles.
• Lodging expenses, for destinations beyond 100 miles from the
Consultant's local office AND when business hours exceed eight hours
within one business day OR requires more than one eight hour day.
Disallowed Expenses
Disallowed Expenses include travel expenses for professional expertise traveling
into the greater Houston area from Consultant offices outside of the greater
Houston area.
SLC'I'ION IV - THE CITY'S RESPONSIBILITIES
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 he
directed to the project manager.
B. The CI'T'Y 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 CONSULTANTS work, The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSUI.TA.NT 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 CONSIJLTANT's status as an
independent contractor of the CITY.
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SECTION V - TERMINATION
A, The CI'T'Y, 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 1920 Country Place Parkway, Suite 400, 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 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall he 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.
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 he selected by agreement of the parties.
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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
titan a bona tide 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 tide 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_
DocuSigned by:
PutrsotA, 10/11/20221 8:43 AM CDT
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CITY OF PEARLAND, TEXAS
DATE
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CONSULTANT DATE
bol'7 1)3.livtiiso1u-I2019
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House Bill 89 Verification
Jtakjes , 614,5 , C4A (Person name), the and rsigned
representative thereafter referred to as "Representative') of Cobh) kr
,S5oCI. (compan 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 I rael, or with a person
or entity doing business in Israel or in an Israeli -controlled territoryut does not include
an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBW AU SWORN` TO BEFOR ME, the undersigned authority, on
this day of . , 2Q
WANDATHOMAS
Notary lb 1113 t 1561 U
'1Y Commission Expires
June 2, 2025
Notary Public
7 ut 7 I)5. It�ti i.��l {14 21) [9
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CobbFendley
August 18, 2022
Ms. Jennifer Lee
Capital Projects, Senior Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Proposal for Construction Management, Inspection and Material Testing for Pearland
Safe Route to School. CSJ 0912-31-318
CobbFendley Project No. 2215-xx
Dear Ms. Lee
Cobb, Fendley & Associates, Inc (CobbFendley) is pleased to submit this proposal for
Construction Management and inspection for Hughes Ranch Road in Pearland, Texas.
CobbFendley proposes to provide the Scope of Services as outlined in Exhibit A_ Additionally,
all work shall be in compliance with the TxDOT LGPP Manual, latest addition. A detailed Level
of Effort is outlined in Exhibit B. The Construction Material Testing Proposal is included as
Exhibit C. All su#3consultant services are subject to a 10% markup.
The Contract time is 249 calendar days to substantial completion and 279 days to final
completion. That provides 178 workdays in contract excluding holidays_ We are proposing half-
time inspection and half-time record keeper given that this is a federally funded LGPP project
that requires substantially more effort than a regular city funded project. It is anticipated that the
half-time record keeper will cover the closeout activities and assistance with City
reimbursement_ We have also included 5 hours a week for a construction manager.
Proposed fees will be on a Time and Material basis. The following is a summary of Not to
Exceed Costs:
Construction Management and Inspection..$225,655.00
Reimbursables and Expenses $3,586.00
Construction Materials Testing (cost plus 10%) $35+324.30
Grand Total (Not to Exceed).$264,565.30
Thank you for the opportunity to submit this Proposal. Please advise if you have any questions
or require additional information_
Sincerel
GQBB, FENDLE& ASSOCIATES, INC.
Stephen L. Byington, RE.
Principal
Attachments
13430 Northwest Freeway. SiRte 110O I Houston. Texas 77040 1713.462.3242 I fax 713.462.3262 I wwwcobbfendley.com
TBPE Firna Regrsfration No. F•274 l TBPLS Regisfr fiin No, 1{x046700
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EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
SAFE ROUTES TO SCHOOLS: CSJ 0912-31-318
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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. Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record's project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities.
1.2. Attend Pre -Bid Meeting; provide feedback to City's Project Manager
as necessary, such as: tracking and recording questions for the
Engineer's written response, clarifying the Owner's expectations for
the project and the project execution.
1.3. Chair Pre -Construction Meeting
1.3.1. Schedule and conduct the pre -construction meeting;
record and disseminate minutes from pre -construction
meeting.
1.3.2. Utilize the City's system: set communications protocol
and contract administration procedures, establish
progress meeting schedule and submittal schedule.
1.3.3. 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 system, etc.
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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 email 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, 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.
2.2.5. Obtain copy of ROW permit and prints from Public
Works in order to monitor progress of utility relocation
per permit/plan.
2.3. Manage Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing DropBox or other available system as
is feasible.
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
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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.
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.
2.4. 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 electronically for future transmittal to the
city.(i.e. Change Orders, RFIs and responses, Submittals and
responses, Request for Proposals, correspondence, SWPPP
inspections.)
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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.
Maintain electronic file 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 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
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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. Retain all records and transmit daily report within 24 hours to
City PM.
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
electronically for record retention.
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
electronically via DropBox or other share type system.
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 Construction Manager
based on quantities approved in the daily reports.. Review and
verify quantities provided by contractor for all work in compliance
with contract documents.
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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; 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.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4. Notify City Project Manager when all electronic
signatures are completed 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.
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)
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5. Document Control
5.1. Utilize a file system: 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 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.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner.
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 logged and tracked.
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.
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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. 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 signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor — forward to Engineer for review.
Ensure Contractor's closeout documents prepared and provided to
the City. 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.
Design
9 of 10 D5. Revised 01/12
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
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 asbuilt
or record drawings 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.
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 nonconforming work for presentation to the City
Project Manager, Design Engineer and Contractor.
9.4. Oversee repairs for nonconforming work with Contractor.
9.5. Submit final report on completed warranty repairs.
Design
10 of 10 D5. Revised 01/12
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
ATTACHMENT B
Level of Effort
Construction Management and Inspection for City of Pearland, Safe Route to School
CSJ 0912-31-318
8/18/2022
List of classifications and rates
Construction Manager
Inspector
Contract Specialist
Project Engineer
$ 245.00
$
137.00
$ 142.00
NA
Construction Contract Duration
26 months
Hours/Week
TOTALS
Labor Cost
Week
1
Week
2
Week
3
Week
4
Week
5
Week
6
Week
7
Week
8
Week
9
Week
10
Week
11
Week
12
Week
13
Week
14
Week
15
Week
16
Week
17
Week
18
Week
19
Week
20
Week
21
Week
22
Week
23
Week
24
Week
25
Week
26
Week
27
Week
28
Week
29
Week
30
Week
31
Phase
Construction Manager
Regular Activities
155
$
37,975
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Progress Meetings
60
$
14,700
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
4
0
Inspector
620
$
84,940
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
Contract Specialist
620
$
88,040
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
Total
$
225,655
Total Equip/Misc Reimbursable Cost (See Below)
$
3,586
Units/Week
Total Costs
$
229,241
Equipment and Misc Reimbursable Cost Items
Week
1
Week
2
Week
3
Week
4
Week
5
Week
6
Week
7
Week
8
Week
9
Week
10
Week
11
Week
12
Week
13
Week
14
Week
15
Week
16
Week
17
Week
18
Week
19
Week
20
Week
21
Week
22
Week
23
Week
24
Week
25
Week
26
Week
27
Week
28
Week
29
Week
30
Week
31
Mileage (visits at IRS rate )
$ 486
$
900
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
Lead Inspector Vehicle (includes mileage)
$ 3,100
$
3,100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
Subtotal
$
3,586
$
3,586
Notes:
1. This LOE is based on a contract time of 249 calendar days to substantial completion and 279 days to final.
2. This LOE assumes two progress meetings per month
3. Overtime will be charged at normal billing rates.
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
GEOSCIENCE
FM6IXFFRIX681FSIIM6, INC.ENGINEERING & TESTING, INC.
H0LUM,'
June 27, 2022
Cobb Fendley
13430 Northwest Freeway, Suite 1100
Houston, TX 77040
713.462.3242 Phone
sbyington@cobbfendley.com
Attention: Stephen Byington, P.E.
Department Manager
Reference: Construction Phase Services - Materials Testing
Pearland Safe Rout to School
City of Pearland, Texas
GETI Proposal No. 22037
THE WOODLANDS
405 E. 20th
Ho 1obv,1exos ?'008
713.861.4700
713.861.4477 Fax
Geoscience Engineering & Testing, Inc. (GETI) is pleased to provide our proposed fee for material testing
services in response to your request for the above referenced project.
Project Information
Project information was provided by City of Pearland Engineering and Capital Projects Department
through E -Bid System and included the following:
1. Project Drawings provided by Cobb Fendley.
The project will entail the Construction of 5- to 6 -FT sidewalks with slotted curb along Mclean Rd from
Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Creek, Veterans at Springfield Ave, Veterans
at Stonebridge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp
Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd,
Glastonbury Dr from Robinson Dr to approximately 350' west, Old Oaks Blvd, Fite Rd from east of
Harkey Rd to Centennial Village Dr, Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from
Harkey Rd to Wagon Trial Rd. The work includes regarding swales with safety end treatments, riprap
ditches, driveway reconstruction, installation of 20-LF of 7'x7' storm sewer boxes and pavement
markings.
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
Scope of Work
GETI is pleased to offer a program of acceptance testing and observation which will include the
following items:
A. Laboratory compaction and field density testing of utility backfill
B. Concrete observations and testing to determine the compressive strength of concrete
C. Reinforcement steel observations
Fee Estimate
Based on the plans and other documents provided our estimated fees for this project are approximately
$32,113.00. This is a good faith estimate, and suggested budget only, since the actual cost will depend on
the contractor's schedule, which at the time of this proposal was not available, and efficiency, items over
which we have no control. You will be billed only for the actual services performed.
The GETI Fee Schedule of Personnel and Tests is also attached.
We appreciate your consideration and this opportunity. We look forward to working with you on this
project. If you have further questions or require additional information, please do not hesitate to call.
Respectfully Submitted,
GEOSCIENCE ENGINEERING & TESTING INC.
TEXAS F-4802
James Taylor, CET
Branch Manager
Geoscience Engineering & Testing, Inc.
Attachments Proposal Acceptance
Project General Notes
Terms & Conditions
Fee Estimate
2
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
PROPOSAL ACCEPTED BY:
Signature Date
Printed Name Company
Title
PROJECT GENERAL NOTES
1. Special tests and observations not contained herein will be quoted on a specific request basis.
2. Trip charges will be made by our technician to the site, including cancellations, with a minimum time of 4 hours.
3. All services on an hourly basis will be charged at the applicable hourly rate, portal to portal from our laboratory
4. Minimum technician time of 4 hours will be billed for any and all field observation trips, except sample pick up trips
which will be billed at a minimum technician time of 2 hours.
5. Overtime rate of 1.5 times the regular published hourly rate will be billed charged for all work over 8 hours per day
on Monday through Friday and for all hours worked on Saturday, Sunday and Holidays.
6. When GETI provides periodic services at the job site during construction. Client agrees that in accordance with
generally accepted construction practices, the contractor will be solely and completely responsible for working
conditions on the job site. Including safety of all persons and property during the performance of the work and
compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to
normal working hours.
3
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
GENERAL TERMS AND CONDITIONS
Standard of Care: GETI will represent CLIENT in a professional manner, using proper skills and care normally associated
with the type of project and geographical location of the project. The only warranty or guarantee made by GETI in
connection with the services requested or performed hereunder is that we will use that level of skill ordinarily exercised
under similar conditions by reputable members of our profession practicing in the same or similar locality. No other
warranty, expressed or implied, is made or intended by our proposal for services or by furnishing oral or written reports.
Sample Disposal Agreement: Unless otherwise requested, test specimens will be disposed of 4 weeks upon completion of
testing. Upon written request, GETI will retain test specimens for a specified period of time, to be determined at the time
of writing.
Insurance: GETI maintains Comprehensive General Liability Insurance and Liability Insurance with bodily injury and
property damage. Professional Liability Insurance is also provided for the protection of GETI. A Certificate of Insurance
can be supplied evidencing such coverage.
Termination: This agreement may be terminated by either party based on two days' written notice. Upon termination, the
GETI will be paid in full for all services performed and will provide copies of all reports to CLIENT.
Underground Utilities: GETI is not responsible for locating or identifying underground utilities. Although GETI will call TEXAS
ONE CALL in order to seek input from utility owners and take all reasonable care to avoid damage or injury to subterranean
structures or utilities, the CLIENT agrees to hold GETI harmless for any damages to subterranean structures which are not
called to our attention and correctly shown on the plans furnished.
Right of Entry: The CLIENT further agrees to provide the right of entry of GETI to the site for the provision of service. While
GETI will take all reasonable precautions to minimize any damage to the property, It Is understood by the CLIENT that in
the normal course of work, some damage may occur and that the correction of such is not part of this agreement.
Limitation of Liability: The CLIENT agrees to limit GETI's liability to the owner, any and all construction contractors, sub-
contractors, sub -consultants and other third parties arising from GETI's professional acts, errors or omissions, on the
project such that the total aggregate liability of GETI to all those named shall not exceed the limits of professional liability
held by GETI ($1,000,000) as of the date of this contract.
Payment Terms: Payment is due upon receipt of our invoice. If payment is not received within 30 days from the invoice
date, client agrees to pay a finance charge on the principal amount of the past due account of one and one-half percent
per month (nominally 19.56% effective rate per annum). If one and one-half percent per month exceeds the maximum
allowed by law, the charge shall automatically be reduced to the maximum legally allowable. Reasonable attorney fees,
personnel charges, or any costs incurred in collecting delinquent accounts will be charged to the client. All sums due are
payable in Harris County, Texas.
In the event client requests termination prior to completion, a termination charge in the amount equal to all charges
incurred through the date services are stopped plus any shut down costs may, at the discretion of Geoscience Engineering
& Testing, Inc. (GETI) be made. If GETI is required to stop operations because of changes in the scope of services as
requested by the client or requirements of third parties, additional charges will be applicable. GETI reserves the right to
withhold any letters and reports pending payment for services.
Agreement: This agreement including these terms and conditions, represents the entire agreement between GETI and
CLIENT and supersedes any previous agreements, negotiations, or representations, whether oral or written. This
agreement
4
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
Pearland Safe Route To School
GETI Proposal No. 22037 April 22, 2022
City of Pearland Fee Schedule
Construction Materials Engineering Services Labor Rates
10100
Principal, P.E.
30
Hr.
200.00
$6,000.00
10200
Project Manager
60
Hr.
90.00
$5,400.00
10700
Technician, NICET II, ACI CI, HMA-1A, NDT II, Logger, TxDOT Soil SB-101 and
220
Hr.
65.00
$14,300.00
10800
Technician, OT
0
Hr.
97.50
$0.00
15000
Vehicle Charge
50
EA.
72.50
$3,625.00
Sub Total Labor
$29,325.00
Portland Cement Concrete
30100
Compressive Str. (Cylinder)
24
Ea
17.00
$408.00
40100
Mix Design Review
1
Ea
200.00
$200.00
2112
Concrete Coring Minimum Charge
Ea
350.00
$0.00
2117
Concrete Coring, addl. Thickness (6"-12")
Ea
13.50
$0.00
2119
Preparation of Core, Cap & Test
Ea
78.00
$0.00
Sub Total Concrete
$608.00
Soils
90100
Liquid & Plastic Limits
Ea
65.00
$0.00
90600
Percent Passing #200 Sieve
Ea
50.00
$0.00
92300
OMD Standard Compaction
2
Ea
210.00
$420.00
92800
Optimum Lime Content - PI Method
Ea
245.00
$0.00
94100
Cement Sand Compressive Strength
8
Ea
70.00
$560.00
94500
OMD Standard Compaction, Treated
2
Ea
225.00
$450.00
95100
Nuclear Density Gauge
15
Trip
50.00
$750.00
Sub Total Soils
$2,180.00
Total of Estimate
$32,113.00