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R-2013-025-2013-02-11RESOLUTION NO. R2013-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK SEWER 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 Hatfield Basin Trunk Sewer 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 with Dannenbaum Engineering Corporation in the amount of $162,906.44 for construction management services associated with the Hatfield Basin Trunk Sewer project. PASSED, APPROVED and ADOPTED this the 11th da of February, A.D., 2013. ATTEST: YNG Y SE' ' ETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR f. Resolution No. R2013-25 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on 0 2 / 1 1 / 2 01 3 by and between the City of Pearland ("CITY") and Dannenbaum Engineering Corporation ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management Services for a project known and described as Hatfield Basin Trunk Sewer, Project No. WW1103. 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 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 1 of 5 D3. Revised 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. Design 2 of 5 D3. Revised 2/09 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is Time and Materials Not To Exceed. Total compensation for the services performed shall be the sum of $162,906.44. 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 3100 West Alabama Houston, Texas 77098. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. Design 3 of 5 D3. Revised 2/09 B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall 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 CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will 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 1 1 th day of February, 2013. ill Eisen, City Manager Wa e G. Ahrens, P.E., Executive Vice President Design 5 of 5 D3. Revised 2/09 DANNENBAUM ENGINEERING CORPORATION g :'; MEE F ,', F.Y.L�EM�� 3100 WEST ALABAMA HOUSTON, TEXAS 77098 P.O. BOX 22292 HOUSTON, TEXAS 77227 (713) 520-9570 1 9 4 5 February 4, 2013 The City of Pearland 3519 Liberty Drive Pearland, Texas 77581 ATTENTION: Mr. Trent Epperson, P.E. Director of Engineering & Capital Projects SUBJECT: Construction Management Services Proposal Hatfield Sanitary Sewer Pearland, Texas Gentlemen: Dannenbaum Engineering Corporation is pleased to submit our proposal for construction management services for the subject project to the City of Pearland. Dannenbaum proposes to use Mr. Corey Garnett as Construction Manager for the project. The basis of our proposed scope of work and fees is enclosed with this letter. Our proposed work is intended to provide limited construction management services for the Hatfield Sanitary Sewer project in Pearland. The scope of work presented is based upon our understanding of this project as described to us by representatives of Pearland and outlined in the attached Construction Management Scope of Services prepared by Pearland. We at Dannenbaum appreciate the opportunity to submit this proposal. We look forward to working with you on this project. Please call me if you have any questions or need further information. Ver ,truly yours, Larry S. Marr, P.E. Senior Project Manager Enclosures: Exhibit A — Construction Management Scope of Services Basis of Proposed Fees Proposed Construction Management Budget Spreadsheet G:\1120\0047-32 Pearland CM\Admin\ConfirmationCoverLetter.docx BASIS OF PROPOSED FEES HATFIELD SANITARY SEWER PEARLAND, TEXAS PROPOSED FEES Construction Management Services: $ 162,906.44 (Time and Materials Not To Exceed) Additional Services: $ 0 BASIS OF PROPOSED FEES Basic Services (City of Pearland Construction Management Scope of Services) 1. Pre -Construction Services 2. Construction Administration and Management Services 3. Construction Inspection Services (Not Included) 4. Pay Applications 5. Document Control 6. Change Orders 7. Testing Laboratory and Results 8. Project Completion and Close Out 9. Warranty Period Additional Services (Available upon Request) Construction Verification Surveying, Construction Inspection, Engineering, CADD Assumptions Used as Basis of Fees Construction Manager will be assigned to the project three days per week [eight hours per day]. Construction Phase will consist of nine months without delays or work stoppage in the schedule. NOT INCLUDED IN PROPOSED FEES Sanitary Sewer Design, Construction Inspection, Laboratory Testing TEAM MEMBER, ROLE, and FEES Dannenbaum Engineering Corporation $ 162,906.44 Bid Phase, Construction Phase, Project Management FEE SCHEDULE David Milner, P.E. Project Technical Advisor $195.63 Larry S. Marr, P.E. Senior Project Manager $189.56 Corey Garnett Construction Manager $121.32 Heather Arcolas Clerical $90.99 G:\1120\0047-32 Pearland CM\Budget\HatfieldScope&Budget\BasisofproposedFees.docx 02/04/13 DANNENBAUM ENGINEERING CORPORATION HATFIELD SANITARY SEWER LIMITED CONSTRUCTION MANAGEMENT SERVICES TASK DESCRIPTION Project Technical Advisor PE Senior Project Manager PE Construction Manager Clerical Total Labor Hours & Costs TOTAL COST/ TASK CONSTRUCTION (2+9+2 MONTHS) PRE -CONSTRUCTION (Two Months) 1.1 PROVIDE CONSTRUCTABILITY REVIEW [One Meeting, One Site Visit] 2 16 18 $765.00 [Drawings, Specifications, Quantities, Contract Documents, Time Determination] 1.2 ATTEND PRE-BID MEETING [One Meeting] 4 8 4 16 $690.00 [Track Pre -Bid Questions] 1.3 CHAIR PRE -CONSTRUCTION MEETING [One Meeting] 4 8 2 14 $630.00 [Agenda, Minutes, Schedules, Procedures] HOURS SUB -TOTALS 0 10 32 6 48 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $625.00 $1,280.00 $180.00 $2,085.00 $2,085.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $1,895.63 $3,882.24 $545.94 $6,323.81 FIXED FEE (0%) $0.00 TOTAL 56,323.81 LIMITED CONSTRUCTION MANAGEMENT SERVICES (Nine Months) 2.1, 2.2, 2.3, 2.4, and 2.5 CONSTRUCTION MANAGER [3 Days per Week, 9 Months] 1008 1008 $40,320.00 [Manage Construction, Construction Meetings] 2.2.4 AI IND UTILITY COORDINATION MEETINGS [Five Meetings] 20 5 25 $950.00 PROJECT MANAGEMENT [9 Months] 9 9 $562.50 HOURS SUB -TOTALS 0 9 1028 5 1042 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $562.50 $41,120.00 $150.00 $41,832.50 $41,832.50 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $1,706.06 $124,716.96 $454.95 $126,877.97 FIXED FEE (0%) $0.00 TOTAL $126,877.97 G:\1120\0047-32 Pearland CM\Budget\HatfieldScope&Budget\HatfieldScope&Budgetlan2013 1 2/4/2013 DANNENBAUM ENGINEERING CORPORATION HATFIELD SANITARY SEWER LIMITED CONSTRUCTIONMANAGEMENT SERVICES TASK DESCRIPTION Project Technical Advisor PE Senior Project Manager PE Construction Manager Clerical Total Labor Hours & Costs TOTAL COST/ TASK CONSTRUCTION INSPECTION SERVICES 3 PROVIDED BY CITY OF PEARLAND [Not Included in Scope of Work] 0 $0.00 HOURS SUB -TOTALS 0 0 0 0 0 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 FIXED FEE (0%) $0.00 TOTAL_ $0.00 PAY APPLICATIONS 4.1 PAY APPLICATIONS [Part of CM Services] 0 $0.00 [Daily Reports, Quantities, Delay Days] 4.2 FINAL PROGRESS PAYMENT 2 10 12 $525.00 [Final Change Order, Final Contract Time, Substantial Completion, Final Acceptance] HOURS SUB -TOTALS 0 2 10 0 12 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $125.00 $400.00 $0.00 $525.00 $525.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $379.13 $1,213.20 $0.00 $1,592.33 FIXED FEE (0%) $0.00 TOTAL $1,59233 G:\1120\0047-32 Pearland CM\Budget\HatfieldScope&Budget\HatfieldScope&BudgetJan2013 2 2/4/2013 DANNENBAUM ENGINEERING CORPORATION HATFIELD SANITARY SEWER LIMITED CONSTRUCTIONMANAGEMENT SERVICES TASK DESCRIPTION Project Technical Advisor PE Senior Project Manager PE Construction Manager Clerical Total Labor Hours & Costs TOTAL COST/ TASK DOCUMENT CONTROL 5.1 USE CITY PROJECT TRACKING SYSTEM [Part of CM Services] 0 $0.00 [BFI's, Submittals, Change Orders, Pay Applications, Citizen Complaint Logs] HOURS SUB -TOTALS 0 0 0 0 0 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 FIXED FEE (0%) $0.00 TOTAL $0.00 CHANGE ORDERS 6.1 PREPARE RFP's AND REVIEW CONTRACTOR'S PROPOSALS [Part of CM Services] 0 $0.00 6.2 ASSIST WITH TECHNICAL MATTERS [Two Technical Matters] 16 32 4 52 $2,400.00 6.3 PREPARE CHANGE ORDERS [Part of CM Services] 0 $0.00 HOURS SUB -TOTALS 0 16 32 4 52 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $1,000.00 $1,280.00 $120.00 $2,400.00 $2,400.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $3,033.00 $3,882.24 $363.96 $7,279.20 FIXED FEE (0%) $0.00 - TOTAL $7,279.20 G:\1120\0047-32 Pearland CM\Budget\HatfieldScope&Budget\HattleldScope&BudgetJan2013 3 2/4/2013 DANNENBAUM ENGINEERING CORPORATION HATFIELD SANITARY SEWER LIMITED CONSTRUCTION MANAGEMENT SERVICES TASK DESCRIPTION Project Technical Advisor PE Senior Project Manager PE Construction Manager Clerical Total Labor Hours & Costs TOTAL COST/ TASK TESTING LABORATORY LABORATORY PROVIDED BY CITY OF PEARLAND [Not Included in Scope of Work] 0 $0.00 7.1 TESTING LABORATORY AND RESULTS [Part of CM Services] 0 $0.00 [Review Reports, Oversee Corrections, Review Invoices] HOURS SUB -TOTALS 0 0 0 0 0 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 FIXED FEE (0%) $0.00 TOTAL $0.00 PROJECT COMPLETION AND CLOSE OUT (Two Months) 8.1 CONDUCT SUBSTANTIAL COMPLETION INSPECTION [Two Meetings] 16 2 18 $700.00 [Prepare Sub. Comp. Deliverables List, Prepare "PUNCH LIST", Obtain Signatures] 8.1 CONDUCT FINAL INSPECTION [One Meeting] 8 8 $320.00 8.2 REVIEW AND COMPILE FINAL DOCUMENTS [One Meeting] 16 1 17 $670.00 [O&M, Affidavits, Final Pay Estimate, As-Builts] 8.3 CONDUCT PROJECT CLOSE-OUT MEETING [One Meeting] 16 1 17 $670.00 8.4 PREPARE AND RECOMMEND FINAL PAYMENT 3 1 4 $150.00 [Prepare Project Records, Logs, and Correspondance] 8.5 CONSULT WITH CITY ON WARRANTY ITEMS [One Meeting] 8 8 $320.00 HOURS SUB -TOTALS 0 0 67 5 72 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $2,680.00 $150.00 $2,830.00 $2,830.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $8,128.44 $454.95 $8,583.39 FIXED FEE (0%) $0.00 TOTAL 58,583.39 G:\1120\0047-32 Pearland CM\Budget\HatfieldScope&Budget\HatfieldScope&BudgetJan2013 4 2/4/2013 DANNENBAUM ENGINEERING CORPORATION HATFIELD SANITARY SEWER LIMITED CONSTRUCTION MANAGEMENT SERVICES TASK DESCRIPTION Project Technical Advisor PE • Senior Project Manager PE Construction Manager Clerical Total Labor Hours & Costs TOTAL COST/ TASK WARRANTY PERIOD (One Month) (Walk-through at Eleven Months) - 9.1 COORDINATE AND CONDUCT ONE-YEAR WALK-THROUGH [One Meeting] 8 1 9 $350.00 9.2 PROVIDE STAFF TO CONDUCT WARRANTY INSPECTIONS 8 8 $320.00 9.3 PREPARE LIST OF NON -CONFORMING WORK 8 1 9 $350.00 9.4 OVERSEE REPAIRS OF NON -CONFORMING WORK [Two Meetings] 8 2 10 $380.00 9.5 SUBMIT FINAL REPORT ON COMPLETED WARRANTY WORK [One Meeting] 8 1 9 $350.00 HOURS SUB -TOTALS 0 0 40 5 45 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $1,600.00 $150.00 $1,750.00 $1,750.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $4,852.80 $454.95 $5,307.75 FIXED FEE (0%) $0.00 TOTAL $5,307.75 - DIRECT EXPENSES (Nine Months) TRAVEL ($0.565 PER MILE)(14 Months)(50 miles RT) $3,842.00 COPYING, MAILING, DELIVERY $200.00 EQUIPMENT PURCHASES AND USE [Cell Phone, Laptop] $2,400.00 PHOTOGRAPHS $200.00 MISCELLANEOUS $300.00 HOURS SUB -TOTALS 0 0 0 0 0 LABOR RATE PER HOUR $64.50 $62.50 $40.00 $30.00 DIRECT LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 $6,942.00 JOB MULTIPLIER 3.033 3.033 3.033 3.033 TOTAL LABOR COSTS $0.00 $0.00 $0.00 $0.00 $0.00 FIXED FEE (0%) $0.00 TOTAL 86,942.00 TOTAL CONSTRUCTION MANAGEMENT SERVICES $162,906.44 G:\1120\0047-32 Pearland CM\ Budget \HatfieldScope&Budget\HatfieldScope&BudgetJan2013 5 2/4/2013 EXHIBIT A CONSTRUCTION MANAGEMENT SCOPE OF SERVICES FOR HATFIELD BASIN TRUNK SEWER Design 1 of 8 D5. Revised 01/12 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 Services 1.1. Provide constructability review of plans, specifications, contract documents and validity of Engineer of Record's project duration. Identify construction issues, conflicts, deficiencies, review the adequacy and accuracy of the design and independent verification of quantities. 1.2. Attend Pre -Bid Meeting; provide feedback to City's Project Manager as necessary, such as: tracking and recording questions for the Engineer's written response, clarifying the Owner's expectations for the project and the project execution. 1.3. Chair Pre -Construction Meeting 1.3.1. Schedule and conduct the pre -construction meeting; record and disseminate minutes from pre -construction meeting. 1.3.2. Utilize the City's Pro -Trak system: set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. 1.3.3. Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, permitting, property owner notification and coordination, temporary facilities, contractor's use of City's Pro -Trak system, etc. Design 2 of 8 D5. Revised 01/12 2. Construction Administration and Management Services 2.1. Act as the City's on-site representative administering the contract for construction and providing overall project oversight, maintain record of decisions and changes made. 2.2. Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via Pro-Trak to: City Project Manager, Design Engineer and contractor throughout the duration of the project. 2.2.1. Schedule meetings every two weeks, minimum, to review the following: work progress and schedule, outstanding issues, status of submittals and responses shop drawings unforeseen issues and changes to the work. 2.2.2. Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. 2.2.3. Coordinate/monitor the following: utility relocation activities for compliance, utility installation verification, reporting, record management and as-built drawings. 2.2.4. Attend all utility coordination, construction, and scheduling meetings. 2.2.5. Obtain copy of ROW permit and prints from Public Works in order to monitor progress of utility relocation per permit/plan. 2.3. Manage Construction 2.3.1. All final documentation is required in electronic/digital format, utilizing Pro-Trak as is feasible. 2.3.2. As field problems arise, notify the Design Engineer and City Project Manager of proposed solutions to resolve problems. Design 3 of 8 D5. Revised 01/12 2.3.3. Review and update as -built documents regularly with contractor. 2.3.4. Monitor and ensure adherence to approved project baseline schedule. Review contractor's schedule monthly, ensure compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. 2.3.5. Recommend alternate project sequencing/scheduling to keep project on schedule. 2.3.6. Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress information associated with the project will be submitted to the Project Manager for review and approval. 2.3.7. Record weather conditions on jobsite daily. 2.4. Coordinate work of contractor with external agencies and utility companies. Coordinate contractor's operations with regard to other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. 2.4.1. Verify construction conformance and compliance with TCEQ, NOI and NOT. 2.4.2. Verify construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. 2.5. Maintain records of all decisions, actions and activities with regard to construction operations via the City's Pro -Trak system(i.e. Change Orders, RFIs and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) Design 4 of 8 D5. Revised 01/12 3. Construction Inspection Services — NOT INCLUDED 4. Pay Applications 4.1. Pay applications will be generated by the City's Pro -Trak system based on quantities approved in the daily reports.. Review and verify quantities provided by contractor for all work in compliance with contract documents. 4.1.1. Review work conducted daily on daily inspection reports and material installed measurements submitted by contractor; verify work conducted and bid item quantities via Pro -Trak; 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 via Pro -Trak. 4.1.4. Notify City Project Manager when all electronic signatures are completed in the Pro -Trak system for invoice processing. 4.1.5. Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in Pro -Trak. 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 utilizing Pro -Trak. Identify and add additional quantities and make any approved changes to the Contract Time. Design 5 of 8 D5. Revised 01/12 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. Utilize the City's Pro -Trak system to: receive, route, track and log all Contractor communications, Submittals, Change Orders, RFIs, Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI log in Pro -Trak to ensure timely responses; notify City Project Manager, Contractor and Design Engineer of time critical issues. 5.1.1. Respond to RFIs when such response does not require the Engineer's opinion or expertise or direction from City. 5.1.2. Assemble and maintain notes, comments, sketches and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as -built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness and progress. 6. Change Orders 6.1. Prepare and issue request for proposals in a timely manner via Pro - Trak. Review RFP and contractor proposal for additional work with City Project Manager and Design Engineer for approval. Ensure the status of RFP and Responses from Contractor, City and Design Engineer are logged and tracked in the Pro -Trak system. 6.2. Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, Design 6 of 8 D5. Revised 01/12 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.Review lab test reports and oversee correction of any failures. 7.2.Review invoicing from Laboratory with inspector. 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 via Pro -Trak. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. B. Coordinate and obtain Design Engineer's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate via Pro -Trak. 8.2. Review and compile any Operation and Maintenance documents required from the Contractor — forward to Engineer for review. Ensure Contractor's closeout documents are uploaded to Pro -Trak. Review for completeness and accuracy, including; affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Design Engineer and City Project Manager when completed. Design 7 of 8 D5. Revised 01/12 8.2.1. Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. 8.2.2. Provide indexed project files,redline plans and asbuilt or record drawings to City via Pro -Trak. 8.3. Conduct Project Close -Out Meeting. 8.4. Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) 8.5. Consult with City on any potential Warranty items requiring repair or replacement. 9. Warranty Period 9.1. Schedule, arrange and coordinate a One Year Walk-through of the project to review status of the work 30 days prior to expiration of the One Year Maintenance period. 9.2. Provide staff to conduct and participate in the warranty inspections. 9.3. Prepare list of non conforming work for presentation to the City Project Manager, Design Engineer and Contractor via Pro -Trak. 9.4. Oversee repairs for non conforming work with Contractor. 9.5. Submit final report on completed warranty repairs via Pro -Trak. Design 8 of 8 D5. Revised 01/12 COR ^ D- CERTIFICATE OF LIABILITY INSURANCE 2/DATE 11/2013 DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LIABILITY COMMERCIAL GENERAL LIABILITY NAME: Barmore Insurance Agency Inc. 8511 Sam Houston Parkway E NCC.. N . Ext):713-209-2800 FAX Ne):713-209-2899 E-MAIL ADDRESS: Houston TX 77075 EACH OCCURRENCE INSURER(S) AFFORDING COVERAGE NAIC # $700,000 INSURER A :Continental Casualty 20443 INSURED DANNE-1 INSURER B :Valley Forge Insurance Co 20508 Dannenbaum Engineering Corp., INSURER C :Continental Insurance Co. 35289 ETAL P 0 Box 22292 INSURER D :Transportation Ins. Co. 20494 INSURER E :Catlin Specialty Insurance 15989 Houston TX 77027 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n Tra LOC INSURER F : $2000,000 CERTIFICATE NUMBER: REVISI THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP IMM/DDIYYYY) LIMITS C GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 2053853648 6/1/2012 3/1/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $700,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 85,000 X Cont. Liab.Incid PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n Tra LOC PRODUCTS - COMP/OP AGG $2000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 1015348305 6/1/2012 3/1/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ accident) BODILYINJURY(Perd $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 2053853049 6/1/2012 5/1/2013 EACH OCCURRENCE 810,000,000 AGGREGATE $10,000,000 DED RETENTION $ $ D WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 1022022126 6/1/2012 5/1/2013 X WC STATU- TORY TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 81,000,000 E Professional Liability Claims Made RET Date 4/1/03 AEH254055021 4/1/2012 4/1/2013 Per Claim 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Dec Project No. 0047-32 See Attached... CERTIFICATE HOLDER CANCELLATION The City of Pearland 3519 Liberty Drive Pearland TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE.., iE, ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCP* ►'� AGENCY CUSTOMER ID: DANNE-1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Barmore Insurance Agency Inc. NAMED INSURED Dannenbaum Engineering Corp., ETAL P 0 Box 22292 Houston TX 77027 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER. 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability and Auto policy includes a Blanket additional insured endorsement that provides additional insured status only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto and Workers' Compensation policy includes a Blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and thecertificate holder that requires such status. The General Liability is primary and non-contributory to other insurancewhen required by written contract. Workers Compensation includes coverage for executive officers. 30 -Day Notice of Cancellation is provided per the policy terms and conditions. FULL NAMED INSURED: Dannenbaum Engineering Corporation; Office Properties,Inc., Civil Engineering Corporation, A Dannenbaum Engineering Company; Dannenbaum Engineering Corp/Klotz Associates,Inc., A Joint Venture;Dannenbaum Environmental Corporation; Engineering Holding Corporation; Dannenbaum Engineering Company -Houston, LLC; Dannenbaum Engineering Company-Austin,LLC; Dannenbaum Engineering Company-DaIIas,LLC; Dannenbaum Engineering Company -Fort Worth,LLC; Dannenbaum Engineering Company-McAIIen,LLC.;Dannenbaum Engineering Company-Laredo,LLC; Grand Parkway Consultants,LLC;Dannenbaum/Gerwick Joint Venture; Dannenbaum, Dodson & ECS ,Joint Venture;Dannenbaum Engineering Company -EI Paso,LLC, DECTEC, LLC, DSM JTF, Dannenbaum, Dodson and Terra Nova JV ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A L' CERTIFICATE OF LIABILITY INSURANCE 2/DATE 11/2013 DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CCONT ONTACT Barmore Insurance Agency Inc. PHONE FAX 8511 Sam Houston Parkway E TX 77075 VVAAAIo' Ext1:713-209-2800 lac, No):713-209-2899 E-MAILHouston ADDRESS: 3/1/2013 INSURER(S) AFFORDING COVERAGE NAIC 8 DAMAGE TO RENTED PREMISES (Ea occurrence) INSURER A :Continental Casualty 20443 INSURED DANNE-1 INSURER a :Valley Forge Insurance Co 20508 Dannenbaum Engineering Corp., INSURER C :Continental Insurance Co. 35289 ETAL P O Box 22292 INSURER D :Transportation Ins. Co. 20494 INSURER E :Catlin Specialty Insurance 15989 Houston TX 77027 GENERAL AGGREGATE INSURER F : GEN'L AGGREGATE�LIMIT APPLIES PER: —1 POLICY I 1 j 7 — LOC CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER EFF IMM/DDY/YYYYI POLICY EXP IMM/DD/YYYYI LIMITS C GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 2053853648 6/1/2012 3/1/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 8700,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X Cont. Liab.Incld PERSONAL & ADV INJURY $1,000 000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE�LIMIT APPLIES PER: —1 POLICY I 1 j 7 — LOC PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 1015348305 6/1/2012 3/1/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident)$ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE 2053853049 6/1/2012 3/1/2013 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A 1022022126 6/1/2012 5/1/2013 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE 81,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 E Professional Liability Claims Made RET Date 4/1/03 AEH254055021 4/1/2012 4/1/2013 Per Claim 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Dec Project No. 0047-32 See Attached... CERTIFICATE HOLDER CANCELLATION The City of Pearland 3519 Liberty Drive Pearland TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCORD AGENCY CUSTOMER ID: DANNE-1 LOC #: ADDITIONAL REMARKS SCHEDULE Paoe of AGENCY Barmore Insurance Agency Inc. NAMED INSURED Dannenbaum Engineering Corp., ETAL P 0 Box 22292 Houston TX 77027 POLICY NUMBER CARRIER A rirtrrinkiA 1 er-u A clue. NAIL CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability and Auto policy includes a Blanket additional insured endorsement that provides additional insured status only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto and Workers' Compensation policy includes a Blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and thecertificate holder that requires such status. The General Liability is primary and non-contributory to other insurancewhen required by written contract. Workers Compensation includes coverage for executive officers. 30 -Day Notice of Cancellation is provided per the policy terms and conditions. FULL NAMED INSURED: Dannenbaum Engineering Corporation; Office Properties,Inc., Civil Engineering Corporation, A Dannenbaum Engineering Company; Dannenbaum Engineering Corp/Klotz Associates,Inc., A Joint Venture;Dannenbaum Environmental Corporation; Engineering Holding Corporation; Dannenbaum Engineering Company-Houston,LLC; Dannenbaum Engineering Company-Austin,LLC; Dannenbaum Engineering Company-Dallas,LLC; Dannenbaum Engineering Company -Fort Worth,LLC; Dannenbaum Engineering Company -McAllen, LLC.; Dannenbaum Engineering Company-Laredo,LLC; Grand Parkway Consultants, LLC; Dannenbaum/Gerwick Joint Venture; Dannenbaum, Dodson & ECS ,Joint Venture;Dannenbaum Engineering Company -El Paso,LLC, DECTEC, LLC, DSM JTF, Dannenbaum, Dodson and Terra Nova JV ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD