HomeMy WebLinkAboutC-3004(DD2) - Construction Management, Utilities Yard Improvement-Phase II, Groundwater ProjectJ
AGREEMENT
PROFESSIONAL SERVICES
FOR
CONSTRUCTION MANAGEMENT SERVICES
UTILITIES YARD IMPROVEMENT - PHASE II AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT, entered into this —Td: day of June, 1997, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter
referred to as "City "), and ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA,. INC., a California Corporation whose address is 164 West
Hospitality Lane #1, San Bernardino, California, 92408 -3328, (hereinafter referred to
as "Consultant "), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its
business as it is now being conducted under the statutes of the State of
California and the Charter of the City.
B. City is planning to implement construction of the Utilities Yard
Improvements - Phase II as part of the Groundwater Development
Project ( "Project ").
C. City desires to engage Consultant to provide construction management
services during construction of the remaining portions of the Utilities
Yard Improvements - Phase II upon the terms and conditions
contained in this Agreement.
D. The principal members of Consultant for purpose of this Project are
Dana Hutchins and Robert Righetti.
Professional Services Agreement for struction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 2
E. City has solicited and received a proposal from Consultant, has
reviewed the previous experience and evaluated the expertise of
Consultant and desires to contract with Consultant under the terms of
conditions provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the __ day of June 1997,
and shall terminate in July 1998, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of
services, attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto
and incorporated herein by reference. No rate changes shall be made during the
term of this Agreement without prior written approval of the City. Consultant's
compensation for all work performed in accordance with this Agreement shall not
exceed the total contract price of seventy -five thousand, nine hundred forty dollars
($75,940).
3.1 Consultant shall maintain accounting records of its billings which
includes the name of the employee, type of work performed, times and dates of all
work which is billed on an hourly basis.
3.2 Consultant shall submit monthly invoices to City payable within thirty
(30) days of receipt of invoice subject to the approval of the Project Administrator
and based upon the following payment schedule as stated in Exhibit "B ".
• Professional Services Agreement for C nnstruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 3
3.3 Consultant shall not receive any compensation for extra work without
prior written authorization of City. Any authorized compensation shall be paid in
accordance with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in
advance by City. Such cost shall be limited and shall include nothing more than the
following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services which Consultant agrees to render pursuant to this Agreement
which have been approved in advance by City and awarded in
accordance with the terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized
in advance in writing and incurred by Consultant in the performance
of this Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of
ten percent (10 %) of each approved payment as approved retention until all services
under this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under
Consultant's supervision. Consultant represents that it possesses the professional
and technical personnel required to perform the services required by this
Agreement and that it will perform all services in a manner commensurate with
the community professional standards. All services shall be performed by qualified
and experienced personnel who are not employed by City nor have any contractual
relationship with City. Consultant represents and warrants to City that it has or
• Professional Services Agreement for cotruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 4
shall obtain all licenses, permits, qualifications and approvals required of its
profession. Consultant further represents and warrants that it shall keep in effect all
such licenses, permits and other approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or
faulty performance by City, contractors, or governmental agencies, or any other
delays beyond Consultant's control or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does
not imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or charge of and
shall not be responsible for the project's design, the City's project contractor
(hereinafter referred to as "Contractor'), construction means, methods, techniques,
sequences or procedures, or for any health or safety precautions and programs in
connection with the work. These duties are and shall remain the sole responsibility
of the Contractor. Consultant shall not be responsible for the Contractors' schedules
or failure to carry out the work in accordance with the contract documents.
Consultant shall not have control over or charge of acts or omissions of the City,
Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any
other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is
not an employee of City. The manner and means of conducting the work are under
the control of Consultant, except to the extent they are limited by statute, rule or
regulation and the expressed terms of this Agreement. Nothing in this Agreement
shall be deemed to constitute Consultant or any of Consultant's employees or
• Professional Services Agreement for 4truction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 5
agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the details in means of performing the work
provided
that Consultant is
incompliance with
the
terms of this Agreement.
Anything
in this Agreement
which may appear
to
give City the right to direct
Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the Consultant
on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate
all phases of the Project. This Project Manager shall be available to City at all
reasonable times during the Project term. Consultant has designated Dana Hutchins
to be its Project Manager. Consultant shall not bill any personnel to the Project
other than those personnel identified in Exhibit "B ", whether or not considered to
be key personnel, without City's prior written approval by name and specific hourly
billing rate. Consultant shall not remove or reassign any personnel designated in
this Section or assign any new or replacement person to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld
with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of
its personnel assigned to the performance of services upon written request of the
City. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
• Professional Services Agreement for Otruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 6
8. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in
order to ensure that the Project proceeds in a manner consistent with City goals and
policies.
9. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of
the Project Administrator and City Council.
10. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that have
been scheduled or are desired.
11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and
all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury,
death, personal injury, property damages, or any other claims arising from any and
all negligent acts or omissions of Consultant, its employees, agents or subcontractors
in the performance of services or work conducted or performed pursuant to this
Agreement, excepting only the sole negligence or willful misconduct of City, its
officers or employees, and shall include attorneys' fees and all other costs incurred
in defending any such claim. Nothing in this indemnity shall be construed as
authorizing any award of attorneys' fees in any action on or to enforce the terms of
this Agreement.
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Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 7
12, INSURANCE
Without limiting consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its
own expense
during the term of this
Agreement policy or
policies of
liability
insurance of
the type and amounts
described below and
satisfactory
to City.
Certification of all required policies shall be signed by a person authorized by that
insurer to bind coverage on its behalf and must be filed with City prior to exercising
any right or performing any work pursuant to this Agreement. Except workers
compensation and errors and omissions, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or
better carriers, unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and
principals of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a
minimum amount of $1 million combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
general liability insurance or other form with a general aggregate is
used, either the general aggregate shall apply separately to this Project,
or the general aggregate limit shall be twice the occurrence limit.
• Professional Services Agreement for Rtruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 8
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1
million combined single limit per accident for bodily injury and
property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give to City prompt and timely notice of claim
made or suit instituted arising out of Consultant's operation hereunder. Consultant
shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection
and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
that Consultant shall look solely to its insurance for recovery. Consultant hereby
grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Consultant or City with respect to the
services of Consultant herein, a waiver of any right of subrogation which any such
insurer of said Consultant may acquire against City by virtue of the payment of any
loss under such insurance.
13. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement
or any of the services to be performed under this Agreement, directly or indirectly,
by operation of law or otherwise without prior written consent of City. Any attempt
to do so without consent of City shall be null and void.
Professional Services Agreement for kruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 9
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint- venture or syndicate or cotenancy, which shall result in changing the control
of Consultant, shall be construed as an assignment of this Agreement. Control
means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %)
or more of the assets of the corporation, partnership or joint - venture.
14. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse
by City or others on any other project. Any use of completed documents for other
projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived as against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
15. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be
kept confidential unless the release of information is authorized by City.
• Professional Services Agreement for 0truction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 10
16. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall
be entitled to rely upon the accuracy of data information provided by
City or others without independent review or evaluation. City will
provide all such materials in a timely manner so as not to cause delays
in Consultant's work schedule.
B. Provide blueprinting, CADD plotting, copying and other services
through City's reproduction company for each of the required
submittals. Consultant will be required to coordinate the required
submittals with City's reproduction company.
17. ADMINISTRATION
This Agreement will be administered by the Publics Work Department.
Michael J. Sinacori, P.E. shall be considered the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator
or his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
18. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit and make transcripts or copies of such
records. Consultant shall allow inspection of all work, data, documents, proceedings
• Professional Services Agreement for *truction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 11
and activities related to the Agreement for a period of three (3) years from the date
of final payment under this Agreement.
19. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work for a period of thirty (30) days from the date of
withholding as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the
rate of seven percent (7 %) per annum from the date of withholding of any amounts
found to have been improperly withheld.
20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the
Project.
21. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires
such persons to disclose financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and
(2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds
for termination of this Agreement by City. Consultant shall indemnify
and hold harmless City for any and all claims for damages resulting
from Consultant's violation of this Section.
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Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 12
22. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred,
contracted or subcontracted without prior written approval of City.
23. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attention: Michael J. Sinacori, P.E.
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Telephone: (714) 644 -3342
Fax: (714) 646 -5204
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Matt Brudin, P.E.
Engineering Resources of Southern California, Inc.
164 West Hospitality Lane #1
P.O. Box 8124
San Bernardino, CA 92412 -8124
Telephone: (909) 888 -1401
Fax: (909) 885 -4638
• Professional Services Agreement for Aruction Management Services
Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 13
24. TERMINATION
In the event either party hereto fails or refuses to perform any of the
provisions hereof at the time and in the manner required hereunder, that party
shall be deemed in default in the performance of this Agreement. If such default is
not cured within a period of two (2) days, or if more than two (2) days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance
of due performance within two (2) days after receipt by defaulting party from the
other party of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
24.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, City shall pay
to the Consultant that portion of compensation specified in this Agreement that is
earned and unpaid prior to the effective date of termination.
25. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances,
riles and regulations enacted or issued by City.
26. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the
same or a different character.
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Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 14
27. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions hereon.
Any modification of this Agreement will be effective only by written execution
signed by both City and Consultant.
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Utilities Yard Improvement - Phase II
as Part of the Groundwater Development Project - Page 15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
1&�� -
Robin Clausen
Assistant City Attorney
ATTEST:
LIB > M .
LaVonne Harkless �.
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
(714) 644 -3011 (714) 646 -5204 FAX
City of Newport Beach
A Municipal Corporation
n bay, Mayor
C.
V.
Engineering Resources of
Southern California, Inc.
Matt Brudin, P.E.
President
Engineering Resources of Southern California, Inc.
164 West Hospitality Lane #1
P.O. Box 8124
San Bernardino, CA 92412 -8124
(909) 888 -1401 (909) 885 -4638 FAX
6/3/97
EXHIBIT A
SCOPE OF SERVICES
CONSTRUCTION MANAGEMENT SERVICES
UTILITIES YARD IMPROVEMENT - PHASE II AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
The Consultant shall be responsible for complete construction management services
relative to the construction of the previously described project component.
The Consultant shall provide a project manager /on -site resident engineer to
oversee the project at the job site throughout construction. The City anticipates the
project will take six (6) months to complete.
The minimum scope of work and primary tasks required for this proposal are as
follows:
I. PRECONSTRUCTION SERVICES
A. Work with City staff prior to construction to modify the City's
construction procedures manual. This manual shall include the
following:
1. Identify key individuals and lines of communication.
2. Determine communication devices and procedures.
3. Establish general reporting and construction reporting procedures
including field clarifications, change orders and shop drawing
reviews.
4. Establish field office security and backup procedures.
5. Develop progress reports and payment request procedures.
6. Develop a master schedule and establish update procedures.
7. Establish document control procedures.
8. Establish permit tracking system.
9. Establish coordination with adjacent and appurtenant projects
(contractors and design consultants).
10. Establish project close -out procedures.
B. Startup Field Office
The City will provide a field office in a construction trailer located near the
site. Office furniture, equipment, telephone and electrical services will be
provided by the City. The Consultant will initially share the trailer with
the City's construction manager for the pipeline reaches which are
scheduled to be completed in August 1997. The construction manager will
return the trailer in good condition. If the trailer or its contents are
damaged or destroyed during construction, it will be the responsibility of
the construction manager to replace all damaged or destroyed items to the
satisfaction of the City.
• Wt "A" - Consultant Agreement
Construction Management Services for the Utilities Yard Improvements
as Part of the Groundwater Development Project - Page 2
C. Establish Computer Based Communications
The City will provide the construction manager with access to a computer
tied to the City's computer network. City forces will make the network
connection, verify proper operation, train staff on the basics of operation,
and provide copies of reference manuals for all software utilized. The City
shall be responsible for licensing all software accessed upon the network.
D. Pre - Construction Meeting
Work with the City's Project Administrator to coordinate, schedule and
conduct the pre- construction meeting.
ff. CONSTRUCTION SERVICES
A. Establish and implement a continuous program to monitor construction
activities, including the following:
1. Provide daily updates regarding the project to the Utilities Engineer
either by voice mail, e -mail or daily construction reports.
2. Log and track all shop drawing submittals with respect to the City,
design consultants and the contractor.
3. Observe all construction and coordinate observation of specialty
construction in accordance with the project plans and specifications.
4. Observe all major materials deliveries to the site to assure they are in
accord with the specifications and approved shop drawings.
5. Coordinate testing of all materials in accord with the specifications.
6. Record by video tape and photography all private and public owned
improvements in the field and collect other field data as required to
adequately document before, during and after construction
conditions.
7. Document construction progress by preparing a daily record of
construction, daily construction reports and taking 35mm
photographs at significant times during construction. Pictures shall
be labeled as to date, location and specific task photographed.
8. Conduct weekly project meetings, including scheduling and
documenting weekly meetings with the contractor, City and design
consultants to discuss project progress and intended progress for the
coming weeks.
• &it "A" - Consultant Agreement
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as Part of the Groundwater Development Project - Page 3
9. Coordinate construction survey, contractor's survey requests and
track and schedule construction surveying. Monitor survey provided
to the contractor and notify the contractor in writing of requests for
restaking which will be the contractor's financial responsibility.
10. Coordinate with adjacent construction activities, including attending
coordination meetings with City, design consultants and other
contractors regarding construction activities related to the 16th Street
Reservoir and Pump Station.
11. Coordinate with the City of Newport Beach Building Department's
inspection staff and specialty inspectors, coordinate contractor's
inspection requests, track, schedule and monitor all inspections.
12. Coordinate soils compaction testing, coordinate contractor's
compaction test requests, track, schedule and monitor soils
compaction testing.
13. Administer and track all "Requests for Field Clarification," "Change
in Conditions" and "Change Orders," including receiving
"Contractor's Requests for Clarification," "Contractor's Notification
of Change in Conditions" and "Contractor's Requests for Change
Orders." Provide appropriate response and /or recommendations to
and from the City. Consult with design consultants on all technical
matters. Review change orders for merit, prepare change orders for
City review and approval, and apprise the City of the cumulative
effect of the change orders and time extensions.
14. Monitor permits under which the City has responsibility. Monitor
the expiration dates and make application for extensions when
appropriate. Monitor the contractor's general compliance and advise
the contractor when non - compliance is observed.
15. Monitor and review the master construction schedule each week,
update the master construction schedule with the previous week's
progress and the contractor's anticipated projected work. Analyze
actual versus anticipated progress, milestone dates and final
completion. Notify the City and the contractor of actual or potential
deviations from the most recently approved schedule. Pro - actively
work with the contractor and the City to identify possible schedule
setbacks. Make recommendations as necessary and advise the City of
changes.
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Construction Management Services for the Utilities Yard Improvements
as Part of the Groundwater Development Project - Page 4
16. Process monthly progress payments including review of the
contractor's work progress with a City representative on the
contractor's pay requests; review for accuracy and compare with the
actual work completed; and make appropriate recommendations to
the City on payment issues. Provide a summary report of the work
performed during each payment period.
17. Provide document control including processing and filing of all
project correspondence and documents, drawings, etc., in accord with
the procedures manual.
18. Monitor the contractor's safety program including observing the
implementation of the contractor's safety program and report
observed deviations from this program. (This action will not relieve
the contractor of sole responsibility for job site safety.) The
construction manager shall not assume, and the City shall not
require, that the construction manager bear any responsibility or
liability for safety of anyone other than his own employees. The
construction manager will not be required to work or inspect any of
the contractors' work in unsafe working conditions. Only the City
will have the authority to issue "Stop Work Orders" to contractors.
19. Observe general site conditions and notify the contractor when excess
materials, etc., must be disposed of and when general site clean up is
required.
11I. PROJECT CLOSE OUT
A. Coordinate with City staff, design consultants and the contractor to prepare
the project close -out as follows:
1. Determine that all testing has been successfully completed and that
all construction is complete and satisfactory.
2. Prepare a punch list of deficiencies and follow -ups.
3. Observe the contractor's successful completion of all work required by
the punch list.
4. The construction manager shall maintain a record of all changes
made during construction, and periodically (at least monthly), review
the contractor's records to assure the contractor keeps a record of
changes in accord with the specifications.
5. Obtain the contractor's records of changes during construction (as-
builts).
0 *it "A" - Consultant Agreement
Construction Management Services for the Utilities Yard Improvements
as Part of the Groundwater Development Project - Page 5
6. Coordinate the production of record drawings with the design
consultants. Review all completed record drawings and make
recommendations to the City on acceptance.
7. Witness and document delivery of all spare parts and similar items
from the contractor to the City as required by the contract documents.
8. Obtain from the contractor any written documents required by the
contract for project close -out.
9. Deliver all project records to the City in accord with the procedures
manual at the end of the project.
10. Remove all equipment and items belonging to the construction
manager from the field office.
•
EXHIBIT B
COMPENSATION SCHEDULE
CONSTRUCTION MANAGEMENT SERVICES
UTILITIES YARD IMPROVEMENT - PHASE II AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
A. In consideration for the specified services, the City hereby agrees to
compensate Consultant on an hourly basis as set forth below in the Payment
& Fee Schedule. In no event shall compensation be greater than the amount
of seventy -five thousand, nine hundred forty dollars ($75,940.00) inclusive of
the subcontract services and mark -up defined herein, except as otherwise
provided for herein below:
B. Fee Schedule
personnel hourly rates
Construction Manager ...................... ............................... $ 82.50
ProjectEngineer .................................. ............................... 80.00
C. The contract amount shall be paid to Consultant in monthly partial payments
based on the amount of hours worked and expenses incurred during each
monthly pay period based on the actual hours of labor expended as
determined by the Project Manager for the City.
D. Included in the not -to- exceed fee, the City agrees to reimburse Consultant for
the actual cost (plus 10 %) not to exceed $750.00 for all outside expenses
including: reproduction for copies of plans, reports and related documents;
material costs authorized in advance by the Project Administrator for the
City; and other reasonable expenses, where such costs have been advanced by
Consultant and approved in advance by the City.
1. Consultant shall provide written records (originals) of all expenses
incurred and shall report all hours expended in the performance of his
duties and tasks on a monthly basis. The City agrees to pay Consultant
within thirty (30) calendar days of receipt of said records and summary.
2. Consultant shall not be compensated for use of Consultant's
equipment, hardware, software materials, in -house reproduction, or
mileage. Said costs are non - compensable. Time expended by
Consultant's personnel shall be paid on the "Fee Schedule" herein
above.