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R2010-009 - 2010-01-25 RESOLUTION NO. R2010 -9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE CITY'S FUTURE WATER RESERVOIR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction management and inspection services associated with the City's future water reservoir, 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 inspection services associated with the City's future water reservoir. PASSED, APPROVED and ADOPTED this the 25 day of January, A.D., 2010. TOM KEID MAYOR ATTEST: f Y RY T1C APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2010 -9 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on January 25, 2010 by and between the City of Pearland "CITY and Cobb, Fendley Associates, Inc. "CONSULTANT The CITY engages the CONSULTANT to perform Construction Management and Construction Inspection Services for a project known and described as City of Pearland Interim Side Slope Construction of Future Reservoir (Project #WA0812). 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. CMCI 1 of 5 15. Revised 2/2/09 (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits "Change in Coverage except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim; loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. F. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed twenty four (24) months after execution of this contract. SECTION III CONSULTANT'S COMPENSATION The method of payment for this CONTRACT is Not to Exceed. Total compensation for the services performed shall be the sum of 112,218.00. A. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT. B. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. 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 3027 Marina Bay Drive, Suite 105 League City, TX 77573. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15 day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the 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, 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. The parties have executed this CONTRACT this 25th day ofJanuary 2010. City of Pe. rland Bi 1 Ei en, City Manager 'ebb, Fendle ssociates, Inc. CobbFendley RECEIVED December 21, 2009 DEC 2 2 09 Cty of Peatland Protects Dept Ms. Teresa Battenfield, P.E. ORIGINAL BY MAIL City of Pearland 3519 Liberty Drive Pearland, TX 77581 Re: Construction Management and Inspection Services City of Pearland Interim Side Slope Construction of Future Reservoir Project Brazoria County, Texas Dear Ms. Battenfield: Cobb, Fendley Associates, Inc. will be pleased to provide professional construction management and inspection services for City of Pearland Interim Side Slope Construction of Future Reservoir project to the extent desired by the City of Pearland. Our scope of services will include the items listed in Exhibit A. The project fee is not to exceed $112,218 based on the manhour estimate shown in Exhibit B, which includes all professional services, field services, and estimated expenses to complete the project. If there are any additional expenses involved in the project, such as might arise from additional meetings or changes in scope, we will advise you prior to proceeding. If additional services are requested please refer to the attached Exhibit C CobbFendley 2010 Standard Rate Schedule. We understand that the construction phase of the project will not commence until February 2010. If this proposal is agreeable to you, we will start once we receive your authorization to proceed. Sincerely, COBB, FENDLEY ASSOCIATES, INC. Brad Matlo .E. Project Manager e Conger Vice President Attachments 3027 Marina Bay Drive, Suite 105 1 League City, Texas 77573 1 281.334.2935 1 fax 281.334.2937 1 www.cobfen.com EXHIBIT A or T F X A S CONSTRUCTION MANAGEMENT SCOPE OF SERVICES FOR City of Pearland Interim Side Slope Construction of Future Reservoir Project #WA0812 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 review of plans, specifications, contract documents and validity of Engineer of Record's project duration. 1.2.Attend Pre -Bid Meeting; provide feedback to City's Project Manager as necessary. 1.3. Participate in evaluation of the Competitive Sealed Proposals 1.4. Chair Pre Construction Meeting 1.4.1. Schedule and conduct the pre- construction meeting; record and disseminate minutes from pre- construction meeting. 1.4.2. Set communications protocol and contract administration procedures. 1.4.3. 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. 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. 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. 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.) 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. 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 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 10 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) 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. 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. 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 sealed completion and Final Acceptance letter. 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. 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. Produce list of work not conforming for presentation to the City Project Manager, Design Engineer and Contractor. k� W NON NOV 6 6 to V o VON vG VON 2 CL 6 LI. 2 2 j ev it CO 2 k Fl f z 0 2 w 2 7� vi 0 0 a> i .-W NW N m to 2 f 9 k 8 .1. e 2 CN CL k k t-2. ƒ )k E k t k 7 w. g 7 Q. i \ƒ 7 To 6 f c§ a> ..o z a_ e k 0. i! o o Z a k )J Exhibit C CobbFendley 2010 STANDARD RATE SCHEDULE #296 Principal $235.00/HR Project Manager $150.00/HR Project Engineer III $145.00/HR Project Engineer II $125.00/HR Project Engineer I 95.00/HR Senior Engineer $190.00/HR Senior Hydrologist $175.00/HR Senior Technician $115.00/HR Technician III 95.00/HR Technician II 85.00/HR Technician I 75.00/HR Licensed State Land Surveyor $200.00/HR Registered Professional Land Surveyor $120.00/HR 4- Man Survey Crew $148.00/HR 3- Man Survey Crew $136.00/HR 2- Man Survey Crew $120.00/HR Construction Manager $120.00/HR Field Construction Observer 80.00/HR Utility Specialist $105.00/HR Telecommunications Designer 78.00/HR Telecommunications Fieldman 66.00/HR GIS Manager $125.00/HR GIS Analyst 90.00/HR Post Processing GPS Data 92.00/HR Right -of -Way Agent $100.00/HR Clerical 60.00/HR GPS $32.00 /HR/Receiver :!i' CobbFendley 2010 STANDARD RATE SCHEDULE #296 (Continued) SUBSURFACE UTILITY ENGINEERING Level C D (Without Level B) $0.37 /Foot Level B Designation (Without Level C D) $1.35 /Foot Level A Location (Non- Destructive Excavation): V Vertical Depth: 0 Ft. 5 Ft $1,075 /Hole 5 Ft. 8 Ft $1,390 /Hole 8 Ft. 13 Ft $1,680 /Hole 13 Ft. 20 Ft $2,420 /Hole 20 Ft $3,450 /Hole Ground Penetrating Radar To Be Negotiated SUE Technician (With Equipment) $90 /HR Locating (With Equipment Two (2) Technicians) $315/HR Traffic Control Officer Cost Traffic Control (Lane Closures, etc.) To Be Negotiated Permits (Local, State, etc.) Cost Designation Traffic Control Vehicles $3.30 /Mile Location Vehicles $6.50 /Mile REIMBURSABLE EXPENSES Technology Fee $3.75/HR Consultant or Specialty Contractor (Outside Firm) Cost 10% Courier, Special Equipment Rental Cost 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) Cost Mileage (Standard Car or Truck) IRS Approved Rate Per Diem for Out of Town Travel (Per Day /Person) $35 /Day Title Plant Charges Cost 10% Other Misc. Expenses Related to the Project Cost 10% In -House Reproduction: V Copies (Up to 11" x 17 $0.15 /Each V Color Prints (Up to 11" x 17 $1.50 /Each V Color Prints (Larger than 11" x 17 $3.00/Sq. Ft. V Bluelines (All Sizes) $1.00 /Each V Bond Prints (All Sizes) $2.00 /Each Mylar Prints $12.00 /Each Vellum Prints $9.00 /Each Technology charges added to each billable man -hour.