R2008-156 2008-12-08 T70051/DR2004RESOLUTION NO. R2008-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTON
MANAGEMENT SERVICES ASSOCIATED WITH THE ORANGE
STREET/TOWN DITCH PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management services associated
with the Orange Street/Town Ditch 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 services
associated with the Orange Street/Town Ditch Project.
PASSED, APPROVED and ADOPTED this the 8t" day of December, A.D., 2008.
TOM REID
MAYOR
ATTEST:
~'' ~: ~,
C SEC TARY ~~~~` ~'
APPROVED AS TO FORM:
~.~_ G~--
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-156
Project #: T700511DR2004
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on IZ/g/pg by and between the City of Pearland ("CITY")
and HDR Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perfornl Construction Mana;ement and
Construction Inspection Services. (Project # T70051/DR2004).
SECTION I -SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform Construction Management and Construction
Inspection Services for the Orange Street and Town Ditch Phase III projects.
See Exhibit A-1, attached, for a detailed SCOPE OF WORK and PROJECT
schedule. The PROJECT schedule shall be submitted in digital and hard copy
form in the Microsoft Project for Windows format.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
ternlination of a CITY employee: Airy fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untnrthfi-1 reporting of money transactions, destruction of assets,
embezzlement, accepting materials of vahie 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 shall submit all final construction documents in both hard
copy and electronic format. Electronic documents shall be Microsoft Office
compatible. All Record Drawings provided by the Contractor, shall be provided in
hard copy and electronic files shall be submitted to the CITY in digital format.
D. 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.
E. 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:
Design 1 of 5 15. Revised 7/25/08
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destniction 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 fiirnished 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 fiill force and effect.
F. 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.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
Design 2 of 5 15. Revised 7/25!08
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end in August 2010.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a Time and Materials contract.
Total compensation for the services performed shall be the sum of $653,400.00 .
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV -THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the tern 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.
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 4635 Southwest Freeway, Suite 1000,
Houston, Texas 77027-7139. 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
Design 3 of 5 15. Revised 7/25/08
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 tern~inates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
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,
Design 4 of 5 15. Revised 7/25/08
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 keen paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this gth day of December , 2008.
Bill isen
CITY OF PEARLAND, TEXAS 12/8/08
~ -~. ~- ~ /
HDR Engineering, Inc.
Design 5 of 5 15. Revised 7/25/08
~~ CLAUNCH & MILLER
Engineering Consultants
November 26, 2008
Mr. Skipper Jones
Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Proposal for Construction Management and Inspection Services
Town Ditch Project and Orange Street Project
City of Pearland
Dear Mr. Jones:
As requested, HDR Engineering, Inc, hereinafter HDR ~ Claunch & Miller (HDR~C&M), is
pleased to submit this proposal for providing Construction Management and li~spection Services
proposal for the Town Ditch and the Orange Street Project. This proposal is based on our
understanding of the project as per our previous meetings and conversations.
The contract for this project will be with HDR Engineering, Inc., the legal contracting authority
for HDR~Claunch & Miller.
This proposal presents a general overview of the project for proving the services with our
proposed fee.
GENERAL OVERVIEW
As part of the City's Capital Improvement Program, the Town Ditch Project and Orange Street
project are scheduled for construction in 2009. The projects are currently in the design phase. It
is City's desire that HDR~C&M provide construction management and inspection services as
outlined in the City of Pearland's "Standard Construction Management Scope of Services" that
will be included as an exhibit to this contract (Exhibit A). It is also the City's desire that the
construction of the Orange Street Project (12-month construction duration) overlap the
construction of the Town Ditch (9-month construction duration) project by five (5) months.
Therefore, the budget for this proposal is based on a total of sixteen months of consecutive
construction management and inspection services.
HDR~C&M will provide one (1) on-site representative in the field to observe the contractor's
activities on the two projects. HDR~C&M utilized the following assumptions in preparing the
proposal for the services.
HDR Engineering, Inc. 14635 Southwest Freeway I Phone (713) 622-9264
Suite 1000 Fax (713) 622-9265
Houston, TX 77027-7139 www.hdrinc.com
The assumptions include:
• Town Ditch Project will bid and begin construction first with an estimated construction
duration of 9 months.
• Orange Street Project with estimated an constriction duration of 12 months, is scheduled
to commence construction approximately 4 months later in order to overlap the Town
Ditch project by approximately 5 months.
• The total budget for the two projects is based on 16 months consecutive constriction
duration.
• In the event that the project's combined completion schedules extend beyond 16
consecutive months, the City will authorize additional finding for the Orange Street
Project Constn~ction Management and Inspection Services. The additional finding
will be based on the additional time required to complete the Orange Street Project and
the Construction Management and Inspection services required during that period.
• Site representative budget is based on an average 45 hours/week (5 days) and does not
include any allocations for weekend work.
o As stipulated in the Contract Documents, the Contractor is responsible for
inspection costs incurred for weekend work if such work requires inspection.
o Contractor will request authorization to work weekends and identify the work to
be performed during that time and request Inspection Services if required.
o HDR~C&M will coordinate with City during construction to further streamline the
site representative working hours during construction.
• Any budgetary under-runs from the Town Ditch Construction Management and
Inspection budget can be utilized to fund the Orange Street Project.
SCOPE OF SERVICES
The scope of services will be in accordance with the City of Pearland's "Standard
Construction Management Scope of Services" (Exhibit A) that will be included as part of this
contract.
Town Ditch Project and Orange Street Project
Page Z of 3
FF,E
The fee is separated into Constructability Review Services and Construction Management &
Inspection services. The fee breakdown is as follows:
Constructability Review Services
*Orange Street Project: Time and Materials and Cost plus 10%:
*Town Ditch Project: Tiine and Materials and Cost plus 10%:
Construction Management & Observation Services
Sub-Total Fee
*Orange Street Project: Time and Materials and Cost plus 10°%:
*Town Ditch Project: Time and Materials and Cost plus 10%:
*Includes budget for reimbursable expenses
Sub-Total Fee
TOTAL NOT TO EXCEED:
$25,100.00
$12,900.00
$38,000.00
$ ,04,300.00
$31 1,100.00
$615,400.00
$653,400.00
Hourly charges shall be based on a raw labor rate times a multiplier of 3.05, reimbursable
expenses will be charged at cost plus 10%. Mileage will be charged at the prevailing IRS rate.
HDR~C&M will submit monthly progress invoices for all engineering work completed to invoice
date. No additional services beyond these described in the Scope of Services will be performed
or invoiced without prior authorization from the City of Pearland.
HDR~C&M appreciates the opportunity to submit this proposal and we look forward to
continuing our work with the City of Pearland.
Sincerely,
HDR~CLAUNCH & MILLER
/~~,.,,G~~ GU`~~
Madhu Kilambi, P.E.
Vice President
Town Ditch Project and Orange Street Project
Page 3 of 3
'I.
EXHIBIT A
Project Summary
1 Constructibility Services for Town Ditch $ 12,900.00
2 Constructibility Services for Orange Street $ 25,100.00
3 Construction Management for Town Ditch $ 311,100.00
4 Construction Management for Orange Street $ 304,300.00
Total $ 653,400.00
Assumptions
• Town Ditch Project construction duration is estimated at 9 months.
- Orange Street Project construction duration is estimated at 12 months.
■ Overlap of construction projects is based on 5 months.
- Therefore,Orange Street inspection cost is based on 7 months
• Site representative costs are based on 9 hours per day 5 days/week.
City of Peadand
Constructibil'rty Review Services for Town Ditch Street Project
SENIOR PROJECT CARD
ITEM DESCRIPTION I TASK PROJECT ENGINEER OPERATOR ADMIN.
MANAGER
$170 $116 $85 $70 .
TOTAL TOTAL
Sheet 11 90%and 100%Review HRS COST HRS . COST HRS COST HRS J COST HRS FEE
1-3 Cover Sheet,Notes,Layout,Control(3 sheets) 2.0 $340 4.0, $464 $0 $0 6.0 $804 '
4-5 Plan and Profile sheets(2 sheets) 1.0 $170 4.0 $464 ' $0 $0_5.0 $634
6-14 Ditch cross Sections(9 sheets) 8.0 $1,360_ $0 $0, $0 8.0 $1,360
Detail Sheets(4 Sheets) , 4.0 $680 4.0 $464 $0 $0 8.0 $1.144
Project Specifications 12.0 $2,040 8.0 $928 $0 $0 20.0 $2,968
Quantity Takeoff _ 4.0 $680 16.0 $1,856 16.0 $1,360 16.0 $1,120 52.0 $5,016
Expenses _ $0 $0_ $0 $0 . 0.0 $1,000
31.01 $5,270 36.01 $4,1761 16.0 $1,3601 16.01 $1,1201 99.0 I $12,926
TOTAL $12,900.00�
Page 1
City of Pearland
Constructibility Review Services for Orange Street Project
SENIOR PROJECT CADD
ITEM DESCRIPTION 1 TASK PROJECT ENGINEER OPERATOR ADMIN.
MANAGER
$170 $116 $85 $70
TOTAL TOTAL 1
Sheet# 90%Review , HRS COST HRS COST HRS COST FIRS COST HRS FEE
1-10 Cover Sheet,Notes,Layout,Control(10 sheets) $0 2.0 $232 $0 $0 2.0 $232
11-16 Drainage Map and Calculations(6sheets) : 2.0 $340 2.0 $232 $0 $0 4.0 $572
17.18 Typical Sections(2 Sheeets) ' 1.0 $170 1.0 $116 $0 $0 2.0 $286
19.33 Plan and Profile sheets(15 sheets) 15.0 $2,550 8.0 $928 _ $0 $0 23.0 $3,478
34-55 Traffic control and striping Plan(22 Sheetsi 6.0,_$1,020 $0 $0 $0 6.0 $1,020
56-58 Utility Relocaiion(3 sheets) r 6.0 $1,020 2.0 $232 $0 $0 8.0 $1,252
59-61 SW3P(3 Sheets) ' 1.0 $170 $0 $0 $0 1.0 $170
. 62-73 Roadway cross Sections(12 sheets) 2.0 $340 $0 so $0 2.0 $340
74-77 Tree Protection Plans ' 2.0 $340 $0 $0 $0 2.0 $340
78-100 Details(23 sheets) 8.0 r $1,360 $0 $0 16.0 $1,120 24.0 $2,480
100%Review
1-10 Cover Sheet,Notes,Layout,Control(10 sheets) $0 1.0 $116 _ $0 $0 1.0 $116
11.16 Drainage Map and Calculations(6sheets) $0 1.0 $116 $0 $0 1.0 $116
17-18 Typical Sections(2 Sheeets) $0 $0 $0 $0 0.0 $0
19.33 Plan and Profile sheets(15 sheets) 8.0 $1,360 $0 $0 $0 8.0 $1,360
34-55 Traffic control and striping Plan(22-Sheets) 4.0 $680 $0 $0 $0 4.0 $680
56-58 ' Utility Reiocation(3 sheets) 2.0 $340 $0 $0 $0 2.0 $340
59-61 SW3P(3 Sheets) 1.0 $170 $0 $0 $0 1.0 $170
62 73 Roadway cross Sections(12 sheets) 20 $340 $0 $0 ' $0 2.0 $340
74-77 Tree Protection Plans $0 $0- $0 $0 0.0 $0
78-100 Details(23 sheets) 4.0 $680 $0 $0 $0 4.0 $680
Review of Specifications 12.0 $2,040 16.0 $1,856 $0 8.0 $580 y 36.0 $4,456 _
Quantity Takeoff 2.0 $340 24.0 $2,784 24.0 $2,040 $0 26.0 $5,164
Expenses $0 $0_ $0 $0 0.0 $1,500
78.0($13,260 57.01 $6,612 24.0 $2,0401 24.0_ $1,6801 159.0 I $25,092 f
TOTAL $25,100.00
Page 1
City of Pearland
Construction Management Services for Town Ditch project
SENIOR PROJECT ASST' SENIOR SITE ADMIN.
ITEM DESCRIPTION f lASK PROJECT ENGINEER CONSTRUCTION REPRESENTATIVE
MANAGER MANAGER
$170 $116 $120 $100 $70
TOTAL TOTAL
FIRS COST HRS COST FIRS COST HRS COST HRS COST FIRS FEE
1 Prepare preconstniction conf.agenda 2.0 $340 _ $0 4.0 $480 4.0 $400 4.0 $280 10.0 $1,500
2 Conduct pre-construction conference 4.0 $680 $0 4.0 $480 4.0 $400 $0 8.0 $1,560
3 Prepare and distribute meeting minutes 2.0 $340 $0 4.0 $480 2.0 $200 8.0- $560 12.0 $1,580
4 Biweekly Progress Meetings 16.0 $2,720 58.0 $6,728 12.0 $1,440 $0 78.0 $5,460 152.0 $16,348
5 Miscellaneous Meetings 12.0 $2,040 12.0 $1,392 $0_ $0� 12.0 $840 36.0 $4,272
6 Coordination with City Project Manager e 9.0 $1,530 $0 $0_ $0 4.0 $280 13.0 $1,810
7 !Coordination with Design Engineer 9.0. $1,530' $0 $0 $0 $0 9.0 $1,530
8 Schedule Management 16.0 $2,720 40.0-, $4,640 $0 _ $0 4.0 $280 60.0 $7,640
9 Coordinate with external agencies and utility companies 16.0 $2,720 24.0 $2,784 $0 $0 8.0 $560 48.0 $6,064
10 Submittals 8.0 $1,360 64.0 $7,424 $0 $0 24.0 $1,680 96.0 $10,464
11 Change Orders 4.0 $680 12.0 $1,392 $0 $0 8.0 $560 24.0 $2,632
12 RFI's 4.0 $680 40.0 $4,640 $0. $0 12.0' $840 56.0 $6,160
13 Site Representation&Oversight $0 10.0 $1,160 160.0 $19,200 1851.1 $185,108 $0 1861.1 '$205,468'
14 Citizen Complaints 2.0 $340 8.0 $928 $0 $0 8.0 $560 18.0 $1,828
15 SWPPP Inspection $0 $0 8.0 $960 $0 $0 0.0 $960
16 Pay Application Review 18.0 $3,060 48.0 $5,568 $0 $0 32.0 $2,240 98.0 $10,868
17 Lab Testing Coordination $0 $0 . 24.0 $2,880 $0 20.0 $1,400 20.0 $4,280
18 Project Completion Meeting 4.0 $680 $0 2.0 r $240 $0 $0 4.0 $920
19 Conduct Final waikthrough 6.0 $1,020 $0 6.0 $720 $0 $0 6.0 $1,740
20 Prepare Punchiest $0 8.0 $928 1.0 $120 $0 4.0 $280 12.0 $1,328
21 Verify punchiest completion 4.0 $680 $0 4.0 $480 $0 $0 4.0 $1,160
22 Project Closeout Meeting 4.0 $680- $0 2.0 $240 $0 $0 4.0 $920
23 Assemble close-out Information $0 8.0 $928 1.0 $0 8.0 $560 16.0 $1,488
24 Prepare and submit close-out information to City 2.0 $340 $0 $0 8.0 $560 10.0 $900
25 Warranty Period inspection _ 8.0 $1,360 $0 $0 8.0 $800 8.0 $560 24.0 $2,720
26 Expenses $0 $0 $0 $0 $0 0.0 $15,000
150.0 $25,500 332.01 $38,512 232.0 $27,720 1869.1 $186,908 250.0 $17,500_ 2601.1 $311,140
TOTAL $311,100.00
Page 1
City of Pearland
Construction Management Services for Orange Street Project .
. SENIOR ASST.
ITEM' DESCRIPTION I'TASK PROJECT PROJECT CONSTRUCTION SENIOR SITE ADMIN.
MANAGER ENGINEER MANAGERREPRESENTATIVE
$170 $116 $120 $100 $70
TOTAL TOTAL FEE
HRS COST HRS COST HRS COST HRS COST )HRS COST HRS
1 Prepare_preconstruction conf.agenda 4.0 $660 $0 4.0 $480 4.0 $400 8.0 $560' 16,0 $2,120
2 Conduct pre-construction conference 2.0 $340 $0 4.0 $480 4.0 $400 $0 6,0 $1,220
3 Prepare and distribute meeting minutes 4.0 $680 $0 2.0 $240 2.0 $200 8.0 $560 14.0 $1,680
4 Biweekly Progress Meetings 10.0 $1,700 78.0 $9,048 $0 $0 78.0 $5,460 166.0 $16,208
5 Miscellaneous Meetings 18.0 $3,060 12.0 $1,392 $0 r $0 12.0 $840 42.0 $5,292
6 Coordination with City Project Manager 12.0 $2,040 $0 __.. $0 $0 4.6 $280 16.0 $2,320
7 Coordination with Design Engineer 12.0 $2,040 $0 $l) $0 $0 12.0 $2,040
8 Schedule Management _8.0 $1,360 24.0 $2,784 $0 $0 4.0 $280 • 36.0 $4,424
9 Coordinate with external agencies and utility companies 6.0 $1,020 10.0 $1,160 $0 $0 8.0 $560 24.0 $2,740
10 Submittals 10.0 $1,700 40.0 $4,640 $0 $0 24.0 $1,680 74,0 $8,020
11 ,Change Orders _ 4.0 $680 12.0 $1,392 $0 ' $0 8.0 $560 24.0 $2,632
12 RFI's 12.0- $2,040 48.0 $5,568 $0 $0 12.0 $840 72.0 $8,448
13 Site Representation&Oversight 18,0 $3,060 $0 244.0 $29,280 1645.4 $164,540 $0 1663.4 '$196,880_
14 Citizen Complaints 10.0 $1,700 32.0 $3,712 $0 $0 8.0 $560 50.0 . $5,972
15 SWPPP Inspection $0 8.0 $928 4.0 $480 $0 $0 8.0 $1,408
16 Pay Application Review 18.0 S3,060_48.0 $5,568 $0 $0 32.0 $2,240 98.0 $10,868
17 Lab Testing Coordination 8.0_ $1,360 120 $1,392 $0 $0 20.0 $1,400 40.0 -, $4,152
18 Project Completion Meeting 4.0 $680 $0 4.0 $480 $0 $0 4.0 $1,160
19 Conduct Final walkthrcugh 8.0 $1,360 $0 8.0 $960 $0 $0 8.0 $2,320
20 Prepare Punchlist 1.0 $170 $0✓ 8.0 $960 $0 4.0 $280 5.0 $1,410
21 Verify punchllst completion 1.0 $170 $0 4.0 $480
$0 $0 1.0 $650
22 Project Closeout Meeting 2.0 $340 $0 2.0 $240 $0 $0 2.0 $5B0
23 Assemble close-out Information $0" 8.0 $928 2.0 $0 8.0 $560 16.0 $1,488
24 Prepare and submit close-out information to City 2.0 $340 8.0 $928 $0 8.0 $560 18.0 $1,828
25 Warranty Period Inspection 8.0 $1,360 $0 8.0 $960 8.0 $800 4.0 $280 20.0 $3,400
26 Expenses $0 $0 $0 $0 $0 0.0 $15,000
182.0 $30,940 340.6 $39,440 294.0, $35,040 1663.4 $166,340.250.0I$17,500 2435.4 $304,260
TOTAL $304,300.00 -
Page 1
EXHIBIT A
9
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CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
TOWN DITCH PROJECT AND ORANGE STREET PROJECT
Design 1 of 11 18.Revised 7/25/08
BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction
1.1 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.
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 Set communications protocol and contract
administration procedures.
1.3.3 Provide agenda for meeting to cover: Key milestone
dates, pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities, etc.
Design 2 of 11 18.Revised 7/25/08
2 Construction Administration and Management Services
2.1 Act as the City's on-site representative and provide overall
• project oversight.
2.2 Meetings: Schedule and conduct construction progress
meetings; record minutes from construction progress meetings
and distribute to City Project Manager, Design Engineer and
contractor throughout the duration of the project.
2.2.1 Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, submittals, shop drawings and
changes to the work.
2.2.2 Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.2.1 Coordinate/monitor the following: utility
relocation activities for compliance,
utility installation verification, reporting,
record management and as-built
drawings.
2.2.2.2 Attend all utility coordination,
construction, and scheduling meetings.
2.2.2.3 Obtain copy of ROW permit and prints
from Public Works in order to monitor
progress of utility relocation per
permit/plan.
Design 3 of 11 18.Revised 7/25/08
2.3 Manage Construction
2.3.1 All final documentation is required as an
electronic/digital format.
2.3.2 As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
2.3.3 Review and update 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 City for review and
approval.
2.3.7 Record weather conditions on jobsite daily.
Design 4 of 11 18.Revised 7/25/08
2.4 Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor's operations with regard to
other City contracts and construction as well as with property
owners for planned service outages, street closures, and access
control issues to properties including notifications.
2.4.1 Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2 Verify construction conformance with permitted
activities such as: City of Pearland Permits, U.S.
Army Corps of Engineers permits, TxDOT roadway
permits, and any Railroad agreements.
2.5 Maintain records of all decisions, actions and activities with
regard to construction operations (i.e. Change Orders, RFIs and
responses, Submittals and responses, Request for Proposals,
correspondence, SWPPP inspections.)
Design 5 of 11 18.Revised 7/25/08
3 Construction Inspection Services
3.1 Provide full-time on-site technical observation of Contractor's
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract
Documents including Addenda, and Change Orders. Verify and
ensure that Contractor maintains good construction practices
and professional standards prevailing in the local City, County,
and State of Texas.
3.1.1 Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2 Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3 Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4 Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2 Identify, record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendation(s)for appropriate solution to the City Project
Manager and Design Engineer.
Design 6 of 11 18.Revised 7/25/08
3.3 Prepare and maintain daily progress log, photographs and
records for turnover at completion of project. Provide a copy of
daily progress log that includes quantities installed that day to
the City Project Manager on a weekly basis.
3.4 Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm
Water Pollution Prevention Plans, facilities, equipment or
arrangements in accordance with contract documents.
3.5 Attend and participate in progress meetings.
3.6 Gather for your records: names, addresses, telephone numbers
and email of all contractors, subcontractors, sub consultants
and major suppliers of material and equipment.
3.7 Immediately notify the City Project Manager and Design
Engineer in the event of an on-site accident. Record and note
conditions, activities and witnesses to the event.
3.8 Maintain Resolution Log and respond to citizen complaints.
3.9 Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections
or start of important phases of project.
4 Pay Applications
4.1 Produce and prepare independent progress based pay
applications on a monthly basis for all work in compliance with
contract documents. Review and verify quantities provided by
contractor.
4.1.1 Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; Meet weekly with contractor
to verify work conducted and bid item quantities; meet
monthly to review pay estimate and quantities with
contractor
Design 7 of 11 18.Revised 7/25/08
4.1.2 Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3 Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4 Provide City Project Manager with one original with all
original signatures for processing and payment by the
10th day following the cut off date for pay applications.
4.1.5 Track and record requests for rain or other delays
with potential to add to Contract Time daily and
monthly.
4.1.6 Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2 Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities. Identify and add additional quantities and make any
approved changes to the Contract Time.
4.2.1 Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
Design 8 of 11 18.Revised 7/25/08
•
5 Document Control
5.1 Receive, route, track and log all Contractor communications,
Submittals, Change Orders, RFIs, Pay Applications and Citizen
Complaint/Resolution Log. Communicate with Contractor the
status of submittal reviews. Create and keep a submittal and
RFI log showing status. Notify City Project Manager, Contractor
and Design Engineer of time critical issues.
5.2 Respond to RFIs when such response does not require the
Engineer's opinion or expertise or direction from City.
5.3 Assemble and maintain notes, comments, sketches and
supportive data relative to the Project to facilitate the revision of
drawings to conform to the final as-built conditions. Review
Contractor's record keeping periodically to ensure
completeness, timeliness and progress.
6 Change Orders
6.1 Prepare and issue request for proposals in a timely manner.
Provide RFP and contractor proposal for additional work to City
Project Manager and Design Engineer for review and approval.
Log and track status of RFP and Responses from Contractor,
City and Design Engineer.
6.2 Provide recommendation on technical matters as an advocate
for the City. Evaluate Contractor's response/proposal for merit,
cost, time, accuracy and price practicality. Negotiate with
Contractor on City's behalf if required.
6.3 Prepare Change Order and documentation including signatures
of Contractor, Engineer and Construction Manager for delivery
to City.
Design 9 of 11 18.Revised 7/25/08
7 Testing Laboratory and Results
7.1 Coordinate testing laboratory activities with Contractor's
activities. Review test reports for compliance with Contract
Documents. Log, track and retain test reports for file. Review
results with Contractor. Monitor any corrective action and re-
testing for compliance. Maintain compliance with City's
specifications
7.1.1 Review lab test reports and log any failures.
Review Invoicing from Laboratory to daily activities.
8 Project Completion and Close out
8.1 A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor's notification of substantial
completion. Include City Project Manager, Design Engineer and
others as directed. Prepare a list of non-conforming work based
on visual inspections. Record and monitor contractor's
corrective efforts and schedule. Schedule final completion
inspection for any remaining corrections.
B. Coordinate and obtain Design Engineer's sealed completion
and Final Acceptance letter.
Design 10 of 11 18.Revised 7/25/08
8.2 Review and compile any Operation and Maintenance
documents required from the Contractor—forward to Engineer
for review. Collect Contractor's closeout documents to review
for completeness and accuracy, including; affidavits of final
payment, final pay estimates, as built records, redlines and
drawings. Once received, forward to Design Engineer along
with any supporting documentation.
8.2.1 Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
8.2.2 Provide indexed project files and redlines to City.
8.3 Conduct Project Close-Out Meeting.
8.4 Prepare and recommend final payment application. Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.
8.5 Consult with City on any potential Warranty items requiring
repair or replacement.
Warranty Period
8.5.1 Schedule, arrange and coordinate a One Year Walk-
through of the project to review status of the work 30
days prior to expiration of the One Year Maintenance
period.
8.5.2 Provide staff to conduct and participate in the
warranty inspections.
8.5.3 Produce list of work not conforming for presentation to
the City Project Manager, Design Engineer and
Contractor.
Design 11 of 11 18.Revised 7/25/08