R2011-001 - 2011-01-10RESOLUTION NO. R2011 -1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MANAGEMENT SERVICES ASSOCIATED WITH THE WALNUT STREET
AND DRAINAGE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1 That certain contract for construction management services, 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 Walnut Street and Drainage Project.
PASSED, APPROVED and ADOPTED this the 10 day of January, A.D., 2011.
'Q'.
TOM REID
LV e
ATTEST:
YON ,T C
ETARY
APPROVED AS TO FORM:
c�- 6 t"-
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2011 -1
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on JANUARY 10, 2011 by and between the City of Pearland
"CITY and COSTELLO, INC. "CONSULTANT
The CITY engages the CONSULTANT to perform Construction Manaeement Services for a
project known and described as WALNUT STREET ROADWAY AND DRAINAGE
IMPROVEMENTS PROJECT (Project #T70024).
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.
Design I of 5 D3. Revised 2109
(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 Iimits "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.
Design 2 of 5 D3. Revised 2/49
SECTION II PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed SEVEN (7) months after execution of this contract.
SECTION III CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is on an hourly basis plus
expenses. Total compensation for the services performed shall not exceed the
sum of $74,000.00.
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 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 9990Richmond Avenue, Suite 450, North Building, Houston,
Texas 77042. Immediately after receiving such written notice, the CONSULTANT
shall discontinue providing the services under this CONTRACT.
Design 3 of 5 D3. Revised 2109
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.
Design 4 of 5 D3. Revised 2/09
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 W ti day of January, 2011.
City o N ear and
Name: Bill Eisen
Title: City Manager
Costello, Inc.
Name: 55 WMa Ac �t��3" -t 199
Title: v m e ''/��r �o% f �"1 %C /`o� d P1 ✓JC.44
Design 5 of 5 D3. Revised 2109
0
January 3, 2011 ctl�
Costello, Inc.
Engineering Surveying
Mr. Trent Epperson Texas Board dPlo&sslo -I Engineers
Firm Req.M.11.. N. 200
aplt Projects Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Construction Management Services Proposal
Walnut Street Improvements Austin Grand Blvd.) (REVISED)
Dear Mr. Epperson:
Costello, Inc. (CI) is pleased to provide this construction management proposal for the
referenced project. We understand that the City will reconstruct Walnut Street between
Austin and Grand Boulevard including all of the paving, drainage, utility, and
appurtenance improvements contained in the recently completed contract documents
prepared for the City by LJ /A Engineering. Cl will ensure, through the construction
management tasks defined in Exhibit "A that the project is completed in general
conformance with the approved construction plans, project manual, and associated
contract documents.
Scope of Work: See Exhibit A)
Cl will have no significant involvement in the areas of:
Submittal review, RFI review (on design matters) except for tracking routing
Public notification and resident education involvement
Utility relocation coordination
Railroad, TxDOT, Pipeline, and USACOE permitting
Compensation:
Costello will be compensated for services on a "time and materials, not to exceed" basis.
Labor will be charged as Raw Labor times an overall multiplier that includes burden,
overhead, and profit. Reimbursable expenses, billed at cost x 1.10, will include all
reproduction provided by an outside firm, photographic materials, and developing
expense. Mileage will be billed at the current IRS approved rate, special mailings, and
deliveries and in -house reproductions are considered pass along charges and will be
billed at cost. Detailed billings will be presented supporting such reimbursable expenses.
A "level of effort" estimate and a Labor Rate Schedule have been included Exhibits B
and C that indicates a total fee of $74,000 not to be exceeded without prior
authorization.
Assumptions associated with the above proposed fees include: Construction Cost
Estimate of $3.1 million, and Duration Estimate of 7 months.
9990 Richmond Avenue Suite 450 North Building Houston, Texas 77042
Phone: (713) 783 -7788 Fax: (713) 783 -3580
www.costelloinc.com
Schedule;
ct
We estimate a 1 month time for construction contract execution. We anticipate a 7 month
Construction Period.
Please review this proposal and call me at 713 -579 -3850 with any questions that you
have on the information presented in this proposal. We look forward to assisting the City
implement this important City Capital Improvements Project.
Sincerely,
Costello, Inc.
Samuel se, Jr., RE,
Vice President Municipal Services
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
Walnut Street Improvements Project
Design I nr6 DS. Rcvised 7109
BASIC SERVICES: Construction Manager(s) shall render the following professional services
to the OWNER in connection with the construction of the Project.
I. Pre Construction
1.1. Provide cons tructability 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.
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.
2.22 Coordinate additional meetings as necessary to discuss and resolve
problems and provide guidance in a timely manner.
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.
Design 2 orb
W. Revised 7108
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.
2.4. 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, if applicable.
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/or 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. Pay Applications
3.1. Review and verify quantities provided by contractor on a monthly bases.
3.7.1. Receive and review daily inspection reports and material installed
measurements submitted by contractor to the project inspector. Verify
work conducted and bid item quantities; review pay estimate and
quantities submitted by the contractor with the contractor and Design
Engineer for approval or revision prior to submitting Payment
Application to City.
3.1.2. Finalize pay application with signatures from Contractor, Engineer
and Construction Manager certifying quantities and amounts.
Dccign 3 ur6 D5- Revised 7108
31.3. 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.
3.1.4. Track and record requests for rain or other delays with potential to
add to Contract Time daily and monthly.
3.1.5. Provide an independent quantity forecast bid items to identify
potential quantity over -runs as part of pay estimate review,
3.2, 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.
3.21. Review and coordinate with Design Engineer to provide Engineer's
recommendation for Substantial Completion or Final Acceptance.
(See Close -out Section)
4. Document Control
4.1. Receive, route, track and log all Contractor communications, Submittals, Change
Orders, RFls, 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.
4.2. Respond to RFIs when such response does not require the Engineer's opinion or
expertise or direction from City.
4.3.Assemble and maintain notes, comments, sketches and supportive data relative to
the Protect 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.
3. Change Orders
5.1. 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.
Dcaign d of 6
D5. Revised 7!08
5.2. 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.
5.3. Prepare Change Order and documentation including signatures of Contractor,
Engineer and Construction Manager for delivery to City.
6. Testing Laboratory and Results
5.1. 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
6.1.1. Review lab test reports and log any failures.
7. Project Completion and Close out
7.1. 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 Engineers sealed completion and Final
Acceptance letter.
7.2. 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.
7.2.1. Upon completion of close out items, provide recommendation for
City's Substantial Completion /f=inal Acceptance certificate,
7.2.2. Provide indexed project fifes and redlines to City,
7.3. Conduct Project Close -Out Meeting.
7.4. Prepare and recommend final payment application. Prepare job record logs
transmittals, and correspondence reports in an organized file for delivery to City.
7.5. Consult with City on any potential Warranty items requiring repair or replacement.
5 ora
U5. Revised 7iUR
8, Warranty Period
8.1 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.
8.2. Provide staff to conduct and participate in the warranty inspections.
8.3. Produce list of work not conforming for presentation to the City Project Manager,
Design Engineer and Contractor.
Design 6 of 6 Ds. Revised 7foX
EXHIBIT B RATE SCHEDULE
August 2008
Below are hourly rates for various job classifications. The billing rates are based upon a
multiplier times salary cost. Salary Cost is defined as direct salary plus 35% for customary and
statutory benefits such as social security contributions, unemployment, payroll taxes, worker's
compensation, sick leave, vacation and holiday pay. A multiplier of 3.0 is used to obtain billing
rates except for field survey crews and principals, which is a fixed rate per hour.
CLASSIFICATION
BILLING RATE
Principal
200.00
Senior Project Manager
115.00
200.00
Project Manager
110.00
200.00
Senior Project Engineer
95.00
155.00
Project Engineer
70.00
105.00
HydrologistslHydraulic Engineer
95.00
155.00
Staff Engineer
40.00
85.00
Senior Transportation Engineer
115.00
225.00
Transportation Engineer
95.00
155.00
GIS Manager
75.00
115.00
GIS Specialist
55.00
85.00
GIS Technician
35.00
65.00
IT Manager
90.00
115.00
IT Technician
45.00
65.00
Senior Designer
80.00
110.00
Designer
80.00
100.00
Senior Computer Technician
65.00
90.00
Computer Technician
50.00
80.00
Project Representative
55.00
85.00
Clerical
50.00
75.00
Project Surveyor
115.00
225.00
Registered Surveyor
90.00
200.00
Senior Survey Technician
90.00
120.00
Survey Technician
55.00
105.00
1 -Man GPS Survey Crew
110.00
2 -Man GPS /Robotic Survey Crew
140.00
2 -Man Survey Crew
120.00
3 -Man Survey Crew
150.00
W:VWC Schedules%225 RATE April 2008 .doc
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3519 Liberty Dr., Pearland,Texas 77581
r , Ph: (281) 652-1756 Fx: (281)652-1706
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DATE: 2011.01.10
TO: Sonia Webb, Deputy City Secretary From: Patty Patke
Projects Dept.
COPIES PROJECT - - DESCRIPTION
2 T70024-Walnut Street Construction Management
Roadway and Drainage Agreement—Costello, Inc.
Improvements
❑ FOR COUNCIL APPROVAL ❑ FOR YOUR FILES
❑ APPROVED AS SUBMITTED 0 FOR SIGNATURE
Thank you,
Patty Patke
Program Specialist
Ext.1756
ppatke@ci.pearland.tx.us