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
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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
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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
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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.
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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.
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