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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 ' ;A-0k ,'! -44,i, : 4.0ft ,0,,(,.r :< ifez,. r.:z73.1.1. 7.,1 VnT:/...7Lifi'4,12 :'''; li)..! ' VA ' K __ ..., it „. X A 51 :� .,� 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