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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. • Professional Services Agreement for ttruction Management Services 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. • Professional Services Agreement for Otruction Management Services 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. • Professional Services Agreement for Otruction Management Services 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. • Professional Services Agreement for Otruction Management Services 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 Construction Management Services for the Utilities Yard Improvements 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. Wt "A" - Consultant Agreement 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.