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R-2015-120 2015-07-13 RESOLUTION NO. R2015-120 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Jacobs Project Management Co., in the amount of$70,000.00, for construction management and construction inspection associated with the Longwood Service Area Phase II Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction management and construction inspection, 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 construction inspection for design services associated with the Longwood Service Area Phase II Project. PASSED, APPROVED and ADOPTED this the 13th day of July, A.D., 2015. C=2: o,V . TOM REID MAYOR ATTEST: Y• `NG Ll : "r T'. C / ... %\ Y SE' : TARY ... APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-120 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY")and Jacobs Project Management Co. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management and Inspection Services for a project known and described as Longwood Service Area Phase II("PROJECT"). (Project# W W 1 404) • 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 1 of 6 D3.Revised 1/14 (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 6 D3.Revised 1/14 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 total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANI in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Construction Management Services(Hourly Not to Exceed) $16,470.00 2. Construction Observation Services (Hourly Not to Exceed) $49.862.88 3. Reimbursable Expenses(Not to Exceed) $3.667.12 4. Total: $70,000.00 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. Design 3 of 6 D3.Revised 1/14 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 Jacobs Project Management Co., 5995 Rogerdale Road, Houston, Texas 77072. 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'h day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY 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. Design 4 of 6 D3.Revised 1/14 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. Design 5 of 6 D3.Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. a _ Jul- -23 2015 CITY OF PEAR • I, TEXAS DATE Clay J. P= . . son City Man. • -r ANSULTANT / DATE Design 6 of 6 D3.Revised 1/14 JACO BS P.O.95 Rogerdale Road P Box x 53495 Houston.Texas 77072-3495 USA 1.832.351.6000 Fax 1.832.351.7766 June 17, 2015 Attn: Jennifer Lee City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Subject: Longwood Service Area Phase 2, Bid No. 0215-23, Proposal for Construction Management and Construction Inspection Services Dear Ms. Lee, This proposal is in reference to your email request for proposal dated June 16, 2015 for the above referenced project. We are pleased to submit our proposal for Professional Construction Management and Inspection Services for the referenced project. This proposal is for an Hourly Not to Exceed budget of $70.000.00. Our budget is based on the referenced contract's scope of services for providing management. contract administration, and part time onsite inspection for the above referenced construction project. The Construction Duration is 180 Calendar Days or 116 Working days for single shift work. If the contractor's completion date extends past the contract duration we reserve the right to request additional funding. If the contractor elects to perform the work in multiple shifts, we will request additional funding for additional personnel. The project, bid on June 2. 2015, with an apparent low bid of $589,280.69. The work includes open cut and trenchless installation of force main from the existing collection area to the SWEC treatment plant. Work shall include SWPPP. traffic control, and restoration. We have developed a detailed level of effort budget based on our understanding of the City's standard scope attached, Project Manual, complexity of the project, site and area conditions, and knowledge of the work and the potential contractor. I have attached this budget worksheet for your review. Larry Stockton, a Sr. Civil Inspector. will provide part time Construction Inspection to monitor the work for the duration of the project for an average of 16 hours per week or for critical work items. I have attached his resume for your review. He will be the lead site representative and responsible for project documentation, quantities. coordination, and observing of the work activities. We have projected that the amount of hours to be worked based on 8-10 hour days Monday through Friday. If the contractor elects to go to multiple shifts or wok weekends of off peak hours we will request additional funding from the City. Our Construction Management team will consist of Nick Prince, Construction Project Manager providing administration, coordination, management, and oversight of field activities and issues, and Hugh Brightwell as the Sr. Construction Manager providing oversight and quality assurance of the team. This work will entail; • Development of a Preconstruction Conference Agenda and Chairing the Conference. • Submittal administration and distribution. and review of non-technical submittals. Jacobs Engineering Group Inc. • Administration and assistance of RFI's. field changes, RFIs. proposals. and Change Order management. • Chairing and documenting bi-weekly progress meetings with all stakeholders to ensure the project is on track and all parties are communicating. • Assist in the review and recommendation of Substantial Completion inspection with the owner and engineer and documentation as required. • Recommend and prepare final acceptance documents. • Attend One Year Warranty Inspection and coordinate corrections as needed. We anticipate minor expenses for reproduction of documents for use by the construction team, delivery and postage for submittal administration and correspondence as well as vehicle mileage for travel to and from the site, and on the site. Mileage is calculated based on the current reimbursable Federal rate. It is understood that Jacobs shall bear no responsibility for deficiencies in the construction work inspected hereunder or for the failure to detect such deficiencies. Jacobs shall have no influence over construction means or methods, or the safety programs or procedures utilized by the construction contractors. Construction safety shall remain the sole responsibility of the construction contractors. If you have any questions or comments. please contact me at (832) 351-7225 or e-mail at hug h.brightwell .jacobs.com. Sincerely, JACOBS PROJECT MANAGEMENT CO. /44/0a0), Hugh D. Brightwell Sr. Construction Manager HB/hdb Attachments Cc: File B. Barnes K. Ellis N. Prince P:\City_of_Pearland\WHXK1900-Kirby_Drive_Expansion\20000NTR\201 CLIEN\Longwood\LongwoodCM Proposa12015-06-17.doc Jacobs Engineering Group Inc. Coy of R.an.RO l'17.0 b31.0001.+W..Ana R1.... =55._S 11..500.. 7•"• Plop.Coos., ISO Cee.04.0.n ISO 41•06009. 0.3.44.150 Cosh 0500.040.0 5 1115.4, C.1 Cosh. 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Na. on,e sl.13e .13 1310% 51661000 23535 a 12 24 2. 34 2. 26 26 e 5 Nseao.N.JO.Ilea sae 75 N% $40.1657 66 71 235 a 60 100 100 100 100 60 53 10 ...6-6543.64.Neon 0 0 005 10 CO 000% 5.e.c.ee5.013411 0 00% 5000 000% Ssmsr.00 Novo 0 000 1000 000% 0«..115. •6m.• 0 000% 1000 000% l.m 110. 741 100% 16 20 04 724 124 113 .+ 60 N 0 0 0 0 0 II I.4O.C4000 113.0513 54 15% 5126000 1165413 11.02560 11100600 8110•60 51103613 111.0302 5'52160 12507 20 100 5000 5000 3050 100 50)330 0 101 Co.11'.Coq... .4 011200.4..000..ONR.ry 11.137.10 524% 1500 CO 110000 63A000 /500 CO 550000 55000 1550000 438112 110000 110300 800645.7. NN 000% S000 30 00 0000 0000 3000 5000 3000 5000 5000 1000 9000 1000 1000 1000 5000 Tae 17110•13 10.135. 1126000 0100.66 0002160 111 306 CO 811X600 5II60600 $11X000 120072 5260120 1000 9000 5000 5000 1000 1144313 Totals l50. 1116000 1361113 III 01644 12327240 5)036044 144.46446 15606040 30544920 166 556 40 555556+0 56065040 13'.15640 00016640 133.53460 170000 •...1 win e1a1.y.5.m51m10. Larry G. Stockton Construction Manager/ Inspector Education Associate of Arts, Business Administration, Mount San Antonio College Length of Service Entered the profession in 1973 Joined Jacobs in September 2007 Registrations/Certifications OSHA Training: OSHA 10, OSHA 30, Confined Space, Competent Person and Trench Safety TEEX Certified in Traffic Control National Storm water Inspection Certification Background Larry has more than 40 years of construction and management experience in municipal infrastructure construction projects in the western United States and Southeast Texas. He has been involved in the construction of large diameter water lines, sanitary sewer, storm sewer, as well as concrete and asphalt paving, for state, county and city projects. He has also performed construction management and inspection services for several major utility programs, and provides constructability review for Jacobs on design projects. Larry has also served as a field inspector for several federal facilities condition assessments as part of the Air Force Center for Engineering and the Environment Joint Base Realignment asset management program. He has served on the Facility Condition Assessment team for the National Park Service at Glacier National Park, Montana. He is currently assigned in Houston, Texas as a Senior Site Manager for a large commercial development. Representative Project Assignments . Generation Park/HCMUD402, McCord Development, Houston,Texas. Providing Full service construction management and inspection services for approximately 4,000 Acres of industrial, commercial and mixed use property south of the Lake Houston and east of George Bush Airport along BW8 East. This project consists of planning, design, and construction of major boulevards, roadways, bridges, drainage, detention, water, sanitary, storm, electrical distribution, telecommunications, and landscaping and hardscape improvements. The program presently is in a 25 year build out plan for an estimated value of$5.2 billion. . Harris County Improvement District 18, Springwoods Development, Spring,Texas. Provided Full service construction management and inspection services including a safety program for approximately 2,000 Acres of undeveloped land south of the Woodlands, Texas. This project consists of planning, design, and construction of major boulevards, roadways, bridges, drainage, detention, water, sanitary, storm, electrical distribution, telecommunications, and landscaping and hardscape improvements. The program presently is in a 5-10 year buildout plan. . Stein Emergency Water Well Collection and Transmission Line Projects, BexarMet Water District, San Antonio,TX; Construction Manager. Provided full service construction management and inspection services for an emergency contract to provide eight operational wells, 13,000 If of 8"to 24"collection system, treatment facility, and 13,000 If of 24"transmission line. The team provided full- time site inspection, coordination, and administration and schedule monitoring of several contractors and Bexar Metropolitan forces and operations staff to complete the work and place in operation. The Larry G. Stockton 1 JACOBS • work was completed from planning to construction completion in 90 days. Construction Value$10 million. . BexarMet Water District, Program and Construction Management, San Antonio,TX; Construction Manager. Providing construction management support to the program manager and District Engineer for the development of a Capitol Improvements Program for the various service areas. Services include development of constructability procedures, value engineering, and construction phase support of the engineering arm of the District. . Talley Road Water Main, BexarMet Water District, San Antonio,TX; Construction Manager. Provided constructability review and construction phase oversight for the District Engineer for the Talley Road project that consists of 12,000 If of 16"ductile iron pipe water line with four 24" auger roadway crossings. Construction Value is$1.5 million. . Mogford Road Water Main, BexarMet Water District, San Antonio,TX; Construction Manager. Provided constructability review for the project that consists of 15,840 If of 16" ductile iron pipe along with 24"augers and service connections. Provided the District Engineer with preconstruction photos for tree preservation that will impact the right-of-way area. Construction Value is$1.2 million. . Street Utility Reconstruction Phase 2-05,City of New Braunfels,TX; Construction Manager. Provided construction phase support for the engineer and city. Provided a construction recovery schedule, estimate to complete, weather impact delay evaluation, and contract analysis for possible termination. Providing part time site monitoring and reporting of construction progress for the engineer and city. Construction value$3 million. . Pavement Rehabilitation, Phases Ill and IV, City of Olmos Park,TX; Construction Manager. Provided on-site observation and development of punch list for items to be repaired and monitored for the Engineer. The project consists of approximately thirteen miles of street reconstruction, including milling and overlay, with storm drain improvement and new water lines at various locations. Construction Value is$2.5 million. . Cogeneration Plant Expansion,Texas State University, San Marcos,TX; Construction Manager. Providing construction phase support for Engineer. Providing on-call site observation, conflict resolution, location of existing utilities and constructability review. Review of submittals. Construction Value of$2 million. . Project Superintendent, Houston, Harris County,Texas; Managed multi-million dollar projects for the installation of various diameter sewer lines, water lines in the greater Houston area including the Kashmere 66" Storm Sewer; City of West University Place Sanitary & Storm Sewer,Water Line, and Paving replacement; replacement of the Blue Bell Sanitary Sewer,Water Lines & Paving project. . Resident Project Inspector; Worked with project owner and contractor to ensure specifications were properly implemented. Observed and inspected large diameter water line. Southwest Water Plant electrical pump panels reconstruction. Maintained daily and weekly job reports, and prepared monthly pay estimates .Project include 8000 ft of 66" steel water line pipe and 20,000 ft of 24" Gifford Hill reinforced cement pipe with BFV, with air releases and cathodic protection. . Foreman; Supervised crews responsible for installation of sewer and storm drains, water lines and concrete and asphalt paving. Coordinated all activities with subcontractors, and material suppliers. Assessed work to ensure compliance with contract plans and specifications. Project included installation of over 10,000 feet of 84" and 96" Gifford Hill reinforced cement pipe. . Operator/Foreman; Supervised crews during the installation of water lines and storm drains. Coordinated preliminary work, including contract take-offs for materials as well as operational evaluations and troubleshooting.Assigned crews according to need. Set up job site materials & equipment. Larry G. Stockton 2 JACOBS. EXHIBIT A fri • ,\ T E X A S 1 I �. CONSTRUCTION MANAGEMENT SCOPE OF SERVICES FOR Longwood Service Area Phase 2 Construction Management 1 of I I D5.Revised 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 (on specific projects, as requested by the City/Owner) 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. Construction Management 2 of I I D5.Revised 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 bi-weekly 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. Construction Management ?oI I I D5. Revised 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 (i.e. Change Orders, RFIs and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) Construction Management 1 of 1 I D5.Revised 3. Construction Inspection Services 3.1 . Provide part-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. Utilize City's Pro-Trak system for all inspection reports. 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. Construction Management 5 of I I 1)5. Revised 3.3. Prepare and maintain daily progress log or daily construction reports, 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, utilizing City's Pro-Trak system. 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.Create contract for your record for: names, addresses, telephone numbers and email of all contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's Pro-Trak system. 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 in Pro- Trak system. 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 Construction Management 6 ui I I D5.Revised 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 10th day following the cut off date for pay applications. 4.1.5. Track and record requests for rain or other delays with potential to add to Contract Time daily and monthly. 4.1 .6. Provide an independent quantity forecast bid items to identify potential quantity over-runs as part of pay estimate review. 4.2. Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities. Identify and add additional quantities and make any approved changes to the Contract Time. 4.2.1 . Review and coordinate with Design Engineer to provide Engineer's recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) 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; create Construction Management ? f I I D5.Revised and keep a submittal and RFI log showing status; 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. 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 Construction Management 8 ui I I D5. Revised 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 signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate. 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, redline plans and as- built or record drawings to City. 8.3.Conduct Project Close-Out Meeting. Construction Management 9 01 I I D5.Revised 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. 9.4. Oversee repairs for non conforming work with Contractor. 9.5. Submit final report on completed warranty repairs. 10.Additional Items 10.1. Construction Manager shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. 10.2. Construction Manager shall not be responsible for the acts or omissions of any Contractor, other Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Construction Manager's own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, Construction Management 10 of 11 D5.Revised or any application, interpretation, or clarification, of the Contract Documents, other than those made by the Construction Manager. 10.3 Force Majeure - Any delays in or failure of performance by Consultant or City, other than the payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of City or Consultant, as the case may be, including but not limited to, acts of God or the public enemy; compliance with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which are not within the reasonable control of City or Consultant respectively. In the event that any event of force majeure as herein defined occurs, Consultant shall be entitled to a reasonable extension of time for performance of its Services. 0 Construction Management 1 1 of I I D5.Revised