HomeMy WebLinkAboutAGMT - CRSS Project Construction Management ak
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PROFESSIONAL SERVICES AGREEMENT
between
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City of Seal Beach
211 5 Street
Seal Beach CA 90740
(hereinafter "City ")
and
CRSS Constructors
2402 Michelson Drive
Suite 160
Irvine CA 92612
(hereinafter "Consultant ")
for
ON -CALL PROJECT CONSTRUCTION MANAGEMENT
& OBSERVATION SERVICES
Contract No. 98005
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into this - day f iffEty and
betweeA �JJ CITY OF SEAL BEACH (hereinafter c ed "City "), and
(! / e T &, J.at/Qae> e s (hereinafter called "Consultant ").
RECITALS
WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of
the State of California as a Charter City, with the power to carry on its business as it is now being
conducted under the Statues of the State of California and the Charter of the City; and
WHEREAS, the City requires the services of a Consultant to provide the professional services as
described in the Scope of Services;
WHEREAS, the Consultant is able and willing to perform the required services under the terms
and conditions of this Contract;
NOW, THEREFORE, the parties do mutually agree as follows:
SECTION 101
101.1 CONSULTANT SERVICES. Consultant, as an independent contractor, agrees to
perform during the term of this Agreement, each and every service set forth on the "Scope of
Services" attached to this Agreement as Exhibit "A ". The initiation of service by the Consultant
will commence upon receipt of a written notice from the Designated Official authorizing
Consultant to proceed, and only to the extent of such authorization. The services of the consultant
shall include the making of all investigations, studies, and analysis required by the conditions
involved in each request of the Designated Official.
101.2 TIME OF PERFORMANCE. Consultant shall complete all services set forth in
"Schedule ", Exhibit C, Schedule. The foregoing time schedule may be modified by the mutual
written consent of the parties hereto.
101.3 COMPENSATION. The City will pay for the services of Consultant as indicated on the
"Schedule of Compensation" which is set forth in Exhibit `B ". No payment for expenses or labor
shall be paid by City unless it is related to a service which is referred to in the "Schedule of
Compensation ". The total cost to the City shall not exceed the amount designated in Exhibit `B ",
without the written approval and authorization of the City Council.
101.4 PAYMENT. The City will pay for services of the Consultant according to the progress
payments schedule established in the Schedule of Compensation. City's payment to Consultant
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shall be made within thirty (30) days of the date of completion of each phase as set forth in the
progress schedule.
101.5 INDEPENDENT CONTRACTOR. Consultant and its subcontractor(s) shall act
hereunder as independent contractors, and shall have no power to incur any debt or obligation for
City. Neither City or any of its officers or employees shall have any control over the conduct of
Consultant, or any of Consultant's employees or subcontractor, except as herein set forth, and
Consultant expressly warrants no to, at any time or in any manner, represent that it, or any of its
agents, servants, subcontractors or employees, are in any manner agents, servants or employees of
City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly
independent contractor and Consultant's obligations to City are solely such as are prescribed by
this Agreement.
101.6 ASSIGNMENT. This Agreement may not be assigned in whole or in part, without the
prior written consent of City.
101.7 DOCUMENT OWNERSHIP. Each and every report, draft, instrument of service, map,
record, and other document reproduced, prepared, or caused to be prepared by the Consultant
pursuant to or in connection with this Agreement shall be the exclusive property of the City. City
acknowledges and agrees that all reports, drafts, instruments of service, maps, records, and other
documents prepared by Consultant pursuant to this Agreement shall be used exclusively on this
project and shall not be used for any other work without the written consent of Consultant. In the .
event City and Consultant consent permit the reuse or other use of the reports, drafts, instruments
of service, maps, records, and other documents, City shall require the party using them to
indemnify and hold harmless City and Consultant regarding such reuse or other use, and City shall
require the party using them to eliminate any and all references to Consultant from the reports,
drafts, instruments of service, maps, records, and other documents. This paragraph shall not
restrict the duties of the City under the public records act.
101.8 CITY MASON. Consultant shall perform under the general supervision of the Director of
Public Works of City or his designee, and all communications, instructions and directions on the
part of the City shall be communicated exclusively through the Director of Public Works or his
designee.
101.9 PERSONNEL. Consultant represents that it has, or shall secure at its own expense, all
personnel required to perform Consultant's services under this Agreement. Consultant may
associate or employ associates or subcontractors in the performance of it services under this
agreement, but all times shall be responsible for their services.
101.10 INSURANCE. Consultant shall procure at its sole expense and maintain in force
throughout the entire term of the Agreement insurance as indicated below. Consultant shall
submit to City certificates indicating compliance with the following minimum insurance
requirements not less than one day prior to the beginning of performance of this Agreement.
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• Statutory Workers' Compensation Insurance with Employer's Liability in an amount not
less than $1,000,000 covering all employees of Consultant performing services under this
Agreement.
Comprehensive Commercial Liability Insurance including Blanket Contractual Liability
and Broad Form Property Damage coverage in an amount not less than $1,000,000
combined single limit of liability.
Business Auto Liability Insurance including coverage for Hired and Non -owned Autos in
an amount not less than $1,000,000 combined single limit of liability.
Professional Liability Insurance in an amount not less than $1,000,000 each occurrence
and annual aggregate covering any negligent act, error or omission of the Contractor for
services performed under this Agreement.
101.11 MISCELLANEOUS INSURANCE REQUIREMENTS.
101.11.1 Contractor's Insurance Primary. In the event of claim or loss, any insurance
purchased by the Contractor shall be primary. The City's insurance shall not contribute
with Contractor's in the settlement or payment of any loss or claim.
101.11.2 Policy Requirements. Each policy of insurance shall:
1. Be issued by an insurance company which is an admitted insurer in the State of
California.
2. Specify that it acts as primary insurance.
3. Name and list as additional insured the City, its officers, agents, and employees except
for the Professional Liability Insurance and Worker's Compensation Insurance.
4. Contain a clause substantially in the following words, "It is hereby understood and
agreed that this policy shall not be canceled or materially changed except upon thirty
(30) day's prior written notice to the City of Seal Beach of such cancellation or
material change a evidenced by a return receipt for a registered letter."
101.11.3 Evidence of Insurance. The Contractor shall provide the City with Certificates
of Insurance evidencing each of the coverage's procured to satisfy the requirements of this
Agreement.
101.11.4 Failure to Secure. If the Consultant at any time during the term hereof should
fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the maximum
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rate permitted by law computed from the date written notice is received that the premiums
have been paid.
101.11.5 Subrogation Waiver. Consultant agrees that in the event of loss due to any of
the perils for which it has agreed to provide insurance, that the Consultant shall look solely
to its insurance for recovery. Consultant hereby grant to City, on behalf of any insurer
providing insurance to either Consultant or City with respect to 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.
101.12 INDEMNIFICATION. Consultant shall indemnify the City and its officers, employees
and agents against, and will hold and save them and each of them harmless from, any and all
actions, claims, damages to persons or property, penalties, obligations or liabilities that may be
asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the negligent or intentional tortious acts, errors or omissions of
Consultant, its agents, employees, subcontractors, or invitees.
Consultant will defend the City, its officers, agents and employees from and against any action or
actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorney's fees for counsel of City's choice incurred in
connection herewith;
Consultant will promptly pay any judgment rendered against the City, its officers, employees or
agents for any such claims, damages, penalties, obligations or liabilities:
In the event , its officers, employees or agents is made a party to any action or proceeding to any
action or proceeding filed or prosectued against Consultant for such damages or other claims
arising out of or in connection with the sole negligence of Consultant hereunder, Consultant
agrees to pay City, its officers, employees or agents, any and all costs and expenses incurred by
City, its officers, employees or agents in such action or proceeding, including but not limited to,
reasonable attorney's fees.
101.13 TERMINATION OF AGREEMENT. This Agreement may be terminated without
cause by City upon ten (10) days' written notice to the Consultant without further action by the
City. This Agreement may be terminated by the Consultant upon thirty (30) days' written notice
to the City. In the event the City terminates this Agreement as provided above, Consultant shall
terminate work at the earliest possible point, and complete all attendant reports and /or graphic
representations, conceptual plans, construction plan, or construction specifications. The City shall
compensate the Consultant proportionately for work, provided such work is in a form useable to
the City.
Notice. Any notice required to be given to the Consulant shall be deemed duly and properly given
upon mailing, postage prepaid, to:
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CRSS Constructors
2402 Michelson Drive
Suite 160
Irvine CA 92612
or personally delivered to Consultant at such address or other address specified to the City in
writing by Consultant.
Any notice required to be given to the City shall be deemed duly and properly given upon mailing,
postage prepaid, to:
Attn: Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
or personally delivered to City at such address or address specified to the Consultant in writing by
the City.
101.14 STANDARD OF PERFORMANCE. The Consultant shall perform and require its
Subcontractors to perform the Services in accordance with the requirements of this Agreement
and in accordance with professional standards of skill, care and diligence adhered to by firms
recognized for their expertise, experience and knowledge in performing services of a similar
nature. The Consultant shall be responsible for the professional quality, technical accuracy,
completeness, and coordination of the Services, it being understood that the City will be relying
upon such professional quality, accuracy, completeness, and coordination in utilizing the Services.
The foregoing obligations and standards shall constitute the "Standards of Performance" for the
purposes of this Contract.
The Consultant shall carefully study this Contract, shall verify all figures in these Contract
Documents before performing the Services; shall promptly notify the City of all errors,
inconsistencies, and /or omissions that it discovers; and, in instances where such non - conformities
are discovered, shall obtain specific instructions in writing from the City before Consultant's
proceeding with the Services. Any Services affected which are performed prior to the City's
decision shall be at the Consultant's risk. The Consultant shall not take advantage of any apparent
non - conformity that may be found in this Contract. The City shall be entitled to make such
corrections therein and interpretations thereof as it may deem necessary for the fulfillment of the
intent of this Contract. Omissions or misdescriptions of any Services that are manifestly necessary
to carry out the intent of this Contract, or that are customarily performed, shall not relieve the
Consultant from performing' such Services at no additional expense and /or delay, and such
Services shall be performed as if fully and correctly set forth in this Contract.
101.15 WARRANTY. The Consultant warrants that all Services shall be in accordance with this
Contract and shall comply with the Standard of Performance for a period of one year from final
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acceptance of the Services. In the event of breach of this warranty, the Consultant shall take the
necessary actions to correct the breach and the consequences thereof, at the Consultant's sole
expense, in the most expeditious manner as permitted by existing circumstances. If the Consultant
does not promptly take steps to correct the breach upon notification thereof by the City, the City
without waiving any other rights or remedies it may have at law or otherwise, may do or cause
others to do so, and the Consultant shall promptly reimburse the City for all expenses and costs
incurred in connection therewith.
101.16 DATA AND SERVICES TO BE FURNISHED BY CITY. Consultant shall deliver to
the City the studies, plans, specifications, or other documents as are identified in the Scope of
Services; and Consultant shall upon completion of all work, submit to the City all information
developed in the course of the Consultant's services. Consultant shall, in such time and in such
form as the City may require, furnish reports concerning the status of services required under this
Agreement. Consultant shall, upon request by City and upon completion or termination of this
Agreement, deliver to the City all material furnished to Consultant by the City.
101.17 CONFIDENTIALITY. Consultant shall not disclose, publish, or authorize others to
disclose or publish, design data, drawings, specifications, reports, or other information pertaining
to the projects assigned to consultant by the City or other information to which the consultant has
had access during the term of this agreement without the prior written approval of the designated
Official during the term of this Agreement and for a period of two (2) years after the termination
of this agreement.
101.18 RECORDS. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City or the Designated
Official. The Consultant shall maintain adequate records on services provided in sufficient detail
to permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or his designees at all proper times to
such books and records, and gives the Designated Official or his designees the right to examine
and audit such books and records and to make transcripts as necessary, and to allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement.
101.19 ASSIGNMENT. This agreement is personal to the Consultant and the Consultant's
Representative. Any attempt at assignment by the Consultant shall be void unless approved in
writing by the Designated Official. Consultant's services pursuant to this Agreement shall be
provided by the Consultant's Representative or directly under the supervision of the Consultant's
Representative and Consultant shall not assign another to supervise the Consultant's performance
of this Agreement without the prior written approval of the City, by and through the designated.
Official.
101.20 SAFETY REQUIREMENT. All work performed under this Agreement shall be
performed in such a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. The City reserves the right to issue restraint or cease and
desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to
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the performance of the work under this agreement. The Consultant shall maintain the work sites
free of hazards to persons and property resulting from its operations. Any hazardous condition
noted by the Consultant which is not the result of his operations shall be immediately reported to
the City.
101.21 NUISANCE. Consultant shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under this Agreement.
101.22 PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits, licenses, and certificates that may be
required in connection with the performance of services under this Agreement.
101.23 CONFLICT OF INTEREST. Consultant covenants that neither consultant,' nor any
officer thereof, has any interest, nor shall they acquire any interest, directly or indirectly which will
conflict with in any manner or degree with the performance of the Consultant services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. Consultant further covenants that
Consultant has not contracted with nor is the Consultant performing any services directly or
indirectly, with any developer and /or property owners and /or firms, and /or partnerships owning
property in the City, and further covenants and agrees that Consultant and /or its subcontractors
shall provide no service or enter into any contact with the Developer and /or property owner
and/or firms, and /or partnerships owning property in the City prior to the completion of this
Agreement.
101.24 WAIVER. A waiver by the City of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this Agreement whether of the same
or different character.
101.25 COST OF LITIGATION. If any legal action is necessary to enforce any provision of
this Agreement or for damages by reason of any alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may determine to be reasonable. In awarding the cost of
litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of
justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in
good faith.
101.26 SEVERABILITY. If any part, term, or provision of this Agreement shall be held illegal,
unenforceable, or in conflict with any law of a federal, state, or local government having
jurisdiction over this Agreement, the validity of the reminding portions or provisions shall not be
affected by such holding.
101.27 INTEGRATED CONTRACT. This Agreement represents the entire Agreement
between the City and the Consultant and all preliminary negotiations and agreements are deemed
a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the
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provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to
this Agreement and any subsequent successors and assigns.
101.28 CHOICE OF LAW . The terns of this Agreement shall be interpreted according to the
laws of the State of California.
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In recognition of the obligations stated in this Agreement, the parties have executed this
Agreement on the date indicated above.
CONSUL TY:
APPROVED By: L t i`-.- By: / µ, c z _ J
Av Name: CRSS Constructors Name: Keith R. Till
Title: "Ff.- lv Title: City Manager
Attest: Approved as to form:
By: ?/ . ei , ' " / By:
Na Joanne M. Yeo Name:
Title: City Clerk Title:
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200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK
200.1 EXAMINATION OF RFP /RFQ DOCUMENTS: The Consultant shall be solely
responsible for examining the City's RFP /RFQ documents, including any addenda
issued, and for informing itself with respect to any and all conditions which may in any
way affect the amount or nature of the proposal, or the performance of the Services in
the event the Consultant is selected. No relief for error or omission will be given.
200.3 E MAIL: The Consultant shall supply the City with individual Internet E — mail
addresses for each of the project managers and principals involved in the project and
other consultant personnel as the City deems necessary.
200.4 INVOICES: The Consultant shall submit not more than one invoice a month and
shall obtain a copy of the accounts payable schedule. The invoice will be in a format
that is acceptable to City Engineering Staff and shall detail individual personnel who
worked on the project, specific tasks performed, hours worked, billing rate, total costs,
and previous billing history, percentage of work completed, percentage of dollars spent.
The Consultant shall prepare invoices that show costs against each major milestone
task.
The Consultant shall notify the City when the cumulative compensation payable under
this Contract has reached 75% of the Contract not to exceed price. If at any time the
Consultant has reason to believe that the total cost to the Authority for the performance
of this Contract will be greater or substantially less that the Contract not to exceed
price, the Consultant shall notify the Consultant in writing to that effect and give its
revised estimate of the total cost for the performance of this Contract. The notice shall
state the estimated amount of additional funds required to continue performance for the
remainder of the contract term. In no event is the Consultant authorized to exceed the
"not to exceed price" without prior written approval from the City.
200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and
editable copy of all files that are included in the hard copy of the report. The Consultant
shall use or transfer into the following formats: Word Processing: Microsoft Word 97,
Spreadsheets: Excel 97, Databases: Filemaker Pro, Microsoft Access, GIS: ArcView,
Drawings: Autocad 13. If the Consultant wishes to use another program that would
increase productivity, the Consultant will provide the City a licensed copy or transfer
into a format that is acceptable to City Engineering Staff. All digital files shall be
submitted on a "zip disk."
The City shall have the right to use, duplicate, modify or disclose the technical data and
the information contained
200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned
in the RFQ /Interview process unless under extraordinary circumstances. The
Consultant shall secure the prior written approval the City for any change or
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reassignment of the key personnel, submitting written documentation of the new
individual's qualification.
The Consultant's project manager shall supervise and direct the services, and have
overall responsibility for the services in accordance with the Consultant agreement and
Scope of Work. The Consultant shall be solely responsible for implementation of all
services, means, methods, techniques, sequences, and procedures and for
coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to
them. The City shall have the right, in its absolute discretion to require the removal of
the Consultant's personnel at any level assigned to the performance of the Services at
no additional fee to the City, if the City considers such removal necessary and in its
best interest and request such removal in writing. Further, an employee who is
dismissed for any of the above reasons shall not be re- employed on this Contract.
200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final
scope of work or proposal that are performed without written authority from the City, will
be considered as unauthorized and at the sole expense of the Consultant. Services so
performed will not be paid for, and no extension in the period of performance shall be
granted on account thereof.
200.8 AUDITS: The Consultant shall keep and maintain full and complete records and
books of account of its costs and expenses relating to the performance of the Services,
in accordance with generally accepted accounting practices. Such records and
accounts shall permit the Consultant to furnish the City, upon written notice, an
accurate written allocation of the costs to the various elements of the Services, as may
be required by the Authority. Upon reasonable advance written notice the City or its
representatives shall have the right to examine, any books, records, accounts, and
other documents of the Contractor directly pertaining to costs when such costs are the
basis of a claim or of reimbursement to the Consultant hereunder. The Consultant will
make reasonable efforts to assure that the any such representative is not a competitor
of the Contractor to which the disclosure of such cost information would have a
detrimental effect on the Consultant's business. The Consultant shall keep and
preserve all such books, records, accounts, and other documents for a period of at
least three years from after completion of the Services after Final Payment or if this
Contract is terminated in whole or in part after the final termination agreement.
200.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The
Consultant shall refer all inquiries from the news media to the City. If the Consultant
receives a complaint from a citizen or the community, the Consultant shall inform the
City what action was taken to alleviate the situation.
200.10 SUBCONTRACTORS /SUBCONSULTANT: The City reserves the right of prior
approval of all subcontractors and retains the right to request the Consultant to
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terminate any subcontractor, for any reason appropriate by the City, by so notifying the
Consultant in writing. Should said notification be submitted to the Consultant, it shall
terminate said subcontractor immediately.
The City shall have no liability to any subcontractor(s) for payment for services under
this Contract or other work performed for Contractor. Any subcontract entered into by
Consultant under the contract shall duly note that the responsibility for payment for the
technical services or any other services performed shall be the sole responsibility of
the Consultant. 1
200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive
knowledge and experience performing this type of work. The Consultant shall prepare a
not to exceed budget for direct expenses and breakdown costs for services such as
copying, blue prints, computer time, reproduction, delivery, and any other foreseeable
expense not covered in the C.onsultant's hourly rates. Therefore, the Consultant shall
receive no additional compensation beyond that which is detailed in their budget. The
City will not pay for mileage charges from the Consultant's office to the City.
200.12 INSURANCE: The Consultant shall obtain a minimum of $1,000,000 worth of
professional error and omissions insurance prior to entering into an agreement with the
City. The insurance requirement is non - negotiable.
200.13 RETENTION FOR CALTRANS: For any task orders that involves Caltrans
oversight, the City will withhold ten percent (10 %) of each progress payment to
Consultant. Upon request by the Consultant, and subject to the City's approval, the
Consultant may provide an alternate form of security for performance as a substitute for
City's withhold of ten percent (10 %) of each progress payment. Acceptable forms of
security to be deposited in an approved escrow account at no cost to the City include
certificates of deposit, cash, securities, or bonds; the Consultant may also provide an
irrevocable letter of credit deposited with the City's Director of Finance.
The ten percent (10 %) retention for Caltrans oversight related task orders shall be
withheld by the City until such time that all work for the respective task order is
completed and all deliverables are received by the City and Caltrans.
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201 SPECIFIC REQUIREMENTS FOR THE SCOPE OF WORK
The Construction Management (CM) services for the task orders issued for the City of
Seal Beach (CITY) CIP Projects, including Caltrans Oversight Projects, Sewer Master
Plan Projects, and Water Master Plan Projects shall include, but not necessarily be
limited to the following items:
201.1 Guarantee the CM project team to provide consultant management services
during the entire construction period of the CITY's CIP. Provide full construction
management services including inspection, coordination, field management, technical
solutions, monitoring, complaint resolution, and negotiations.
201.2 Furnish any special inspection as may be required by Caltrans, materials testing,
and construction surveying services, in addition to the Construction Management
services typically furnished in a CM contract.
201.3 As directed by the CITY, review the project plans, specifications, and cost
estimates (PS &E) for any or all task orders, and perform constructability analysis. Note
potential construction problems and possible solutions.
201.4 Attend and provide any assistance required at pre -bid meeting(s). The CITY's
Public Works Department will conduct the meetings.
201.5 When requested by the CITY, Arrange and schedule Partnering conferences.
Consultant shall provide an approved facilitator.
201.6 Arrange, schedule, and conduct the pre- construction meeting(s). Generate and
distribute the resulting meeting minutes to all attendees.
201.7 Record by video and photography all surface improvements, both public and
private within the project limits, particularly those portions of the properties which are
impacted by construction. The purpose of the video is to have an accurate record of
the state of the improvement prior to construction.
201.8 Review, process, and approve the contractor's construction schedule of work,
traffic control, construction staging plans, and shop drawing submittals. Implement a
system for tracking, organizing, filing and managing correspondence, including letters,
requests for information, submittals, contracts, reports, manuals, progress payments,
change orders, etc. Review and monitor schedule for timely completion by contractor.
Notify CITY and contractor of actual or potential deviation from schedule. Proactively
work with project team (Public Works staff, project consultants, contractor) to identify
possible schedule setbacks and correct non - compliance with schedule.
201.9 Coordinate each of the City's construction project(s) with other agency
concurrent contracts. This shall include scheduling and conducting periodic meetings
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with the agency representatives and the respective contractors to coordinate traffic
control, construction interface, and identify potential conflicts.
201.10 Observe and document all aspects of project including construction,
documentation, and job site safety for compliance with contract documents. Notify
contractor when work is unsatisfactory, faulty or defective or does not conform to the
contract documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made. Prepare daily reports of work in
progress, contractor and sub - contractor hours on the job site, weather conditions, field
meetings and decisions, and other pertinent information. Provide photographic and
video documentation of construction process.
201.11 Verify that test, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate personnel, and that
contractor maintains adequate records thereof; and observe, record and report to
engineer appropriate details relative to the test procedures and startups.
201.12 Coordinate and accompany inspections by Caltrans, CITY's Building
Department and other respective disciplines, as well as other agencies having
jurisdiction over the work, and record the results of these inspections.
201.13 Coordinate with all utility agencies who have facilities (overhead and
underground) within and /or adjacent to the project limits. Notify utility agencies in
advance of construction in the vicinity of their facilities.
201.14 Coordinate with all owners /managers of properties impacted by the projects,
with particular concern to those properties with only one driveway for ingress and
egress. Review and approve Contractor's plan(s) to provide temporary ingress and
egress during construction. Meet with the property owners /managers on an on -going
basis to coordinate construction on their properties and resolve any conflicts.
201.15 Provide ongoing public relations activities with surrounding property owners,
businesses, Caltrans, OCEMA, and the local news media. These activities include
meetings, flyers, letters, press releases and a public "hotline ". The nature and extent of
these activities are to be approved in advance by the CITY.
201.16 Receive and process RFI /RFC from contractor. Transmit to contractor
clarifications and interpretations as issued by the Consultant, CITY, or engineer
pertaining to the plans and specifications. Document and retain a log of the receipt and
transmittal dates of these types of documents.
201.17 Conduct regularly construction meetings with the contractor, maintain detailed
minutes and circulate copies accordingly, and provide a monthly progress report to the
CITY.
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201.18 Receive material samples that are furnished at site by contractor, and notify
engineer of availability of samples for examination.
201.19 Issue written plan- revisions and assure that the contractor maintains a detailed
record of "as- built" revisions. Or (Issue written plan- revisions and maintain a detailed
record of "as- builts" revisions.)
201.20 Track and manage construction costs. Review contractors' payment requests
for compliance with established procedure and verify all pay items and quantities.
Recommend payment and prepare payment documentation for processing by the CITY.
Maintain and keep projects within budget.
201.21 Review change order (CO) requests for merit. Negotiate and prepare change
order(s) for CITY review and approval. Prepare independent cost estimate. Apprise
CITY of cumulative impact of change orders.
201.22 Meet with CITY representatives and conduct public meetings as necessary.
201.23 Develop a "punch list" at the conclusion of construction of each task order.
Assure that all items are completed to the satisfaction of the CITY and other affected
agencies. Make recommendation to CITY regarding final acceptance.
201.24 Provide other items of work that the Construction Manager views as beneficial
to the project.
201.25 Provide cost savings measures for the CITY's consideration.
201.26 Turn over project records (including document files, as- builts, photographs, etc)
to CITY via hard copy and /or electronically.
202.17 The City will be responsible for:
1. Advertising and awarding the project(s).
2. Providing contract documents.
3. Approving all progress payments and change orders.
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202 ORGANIZATION REQUIREMENTS FOR SCOPE OF WORK
Resident Project Representative and Construction Manager are the Director of Public
Works agents at the site and will act as directed by and under the supervision of the
Director of Public Works or his designee, and will confer with Director of Public Works
regarding Resident Project Representative's actions. Resident Project Representative's
dealings in matters pertaining to the on -site work shall in general be with Construction
Manager and contractor keeping Director of Public Works advised as necessary.
Resident Project Representative's dealings with subcontractors shall only be through or
with the full knowledge and approval of contractor. Resident Project Representative's
shall generally communicate with Director of Public Works with the knowledge of and
under the direction of Construction Manager.
CONSTRUCTION MANAGEMENT ORGANIZATION
Steve Badum
Director of Public Works /City Engineer
Doug Dancs, P.E.
Civil Engineer /Project Manager
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Design Engineer /Consultant I Construction Manager I
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Resident Project Rep. I Materials Testing I
Contractual Relationship
General Contractor I
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Subcontractor Subcontractor 1
202.1 CONSTRUCTION MANAGER
Duties and responsibilities
202.1.1 Pre -Bid Review: Review Contract Documents, Estimates & Quantities.
Perform Constructability Analysis. Note potential construction problems and possible
solutions.
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202.1.2 Cost Management: Track construction costs. Perform change order estimates.
Verify submitted costs. Maintain and keep projects within budget.
202.1.3 Scheduling: Review and Monitoring Schedule for timely completion by
Contractor. Use of Critical Path Method Techniques.
202.1.4 Management: Provide full turnkey construction management services
including inspection, coordination, field management, technical solutions, monitoring,
complaint resolutions, negotiations.
202.2 RESIDENT PROJECT REPRESENTATIVE
Duties and responsibilities
202.2.1 Schedules: Review the progress schedule, schedule of shop drawing
submittals and schedule of values prepared by contractor and consult with its
construction manager concerning acceptability.
202.2.2 Conferences and meetings: Attend meetings with contractor, such as
preconstruction conferences, progress meetings, job conferences and other project -
related meetings, and prepare and circulate copies of minutes thereof.
202.2.3 Liaison: Serve as Construction Manager's liaison with contractor, working
principally through contractor's superintendent and assist in understanding the intent of
the contract documents; and assist the Construction Manager in serving as owner's
liaison with contractor when contractor's operations affect owner's on -site operations.
Assist in obtaining from Director of Public Works additional details or information, when
required for proper execution of the work.
202.2.4 Shop drawings and samples: Record date of receipt of shop drawings and
samples.
Receive samples which are furnished at the site by contractor, and notify engineer of
availability of samples for examination.
Advise Director of Public Works, Construction Manager and Contractor of the
commencement of any work requiring a shop drawing or sample if the submittal has not
been approved by the Director of Public Works.
202.2.5 Review of work, rejection of defective work, inspections and tests:
Conduct on -site observations of the work in progress to assist Construction Manager in
determining if the work is in general proceeding in accordance with the contract
documents.
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Report to Construction Manager whenever Resident Project Representative believes
that any work is unsatisfactory, faulty or defective or does not conform to the contract
documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise Construction Manager of
work that rpr believes should be corrected or rejected or should be uncovered for
observation or requires special testing, inspection or approval.
Verify that tests, equipment and systems startups and operating and maintenance
training are conducted in the presence of appropriate personnel, and that contractor
maintains adequate records thereof; and observe, record and report to engineer
appropriate details relative to the test procedures and startups.
Accompany visiting inspectors representing public or other agencies having jurisdiction
over the project, record the results of these inspections and report to Construction
Manager.
202.2.6 Interpretation of contract documents: Report to Construction Manager when
clarifications and interpretations of the contract documents are needed and transmit to
contractor clarifications and interpretations as issued by Director of Public Works via
the Construction Manager.
202.2.7 Modifications: Consider and evaluate contractor's suggestions for
modifications in drawings or specifications and report with rpr's recommendations to
Director of Public Works via Construction Manager.
Transmit to contractor decisions as issued by Director of Public Works.
202.2.8 Records: Maintain at the job site orderly files for correspondence, reports of
job conferences. Shop drawings and samples, reproductions of original contract
documents including all work directive changes, addenda, change orders, field orders,
additional drawings issued subsequent to the execution of the contract, engineer's
clarifications and interpretations of the contract documents, progress reports, and other
project related documents.
Keep a diary or log book, recording contractor hours on the job site, weather
conditions, data relative to questions of work directive changes, change orders or
changed conditions, list of job site visitors, measurement of quantities, daily activities,
decisions, observations in general, and specific observations in more detail as in the
case of observing test procedures; and send copies to Director of Public Works.
Record names, addresses and telephone numbers of all contractors, subcontractors
and major suppliers of materials and equipment.
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202.2.9 Reports: Furnish Director of Public Works periodic reports as required of
progress of the work and of contractor's compliance with the progress schedule and
schedule of shop drawing and sample submittals.
Consult with Director of Public Works in advance of scheduled major tests, inspections
or start of important phases of the work.
Draft proposed change orders and work directive changes, obtaining backup material
from contractor and recommend to Director of Public Works for change orders. Work
directive changes, and field orders.
Report immediately to Construction Manager and Director of Public Works upon the
occurrence of any accident.
202.2.10 Payment requests: Review applications for payment with contractor for
compliance with the established procedure for their submission and forward with
recommendations to engineer, noting particularly the relationship of the payment
requested to the schedule of values. Work completed and materials and equipment
delivered at the site but not incorporated in the work. Verify all payment quantities.
202.2.11 Certificates, maintenance and operation manuals: During the course of the
work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by contractor are applicable to the items
actually installed and in accordance with the contract documents. and have this
material delivered to engineer for review and forwarding to owner prior to final payment
for the work.
202.2.12 Punchlists: During the work, the RPR shall make regular inspections and call
for corrections at that time and not wait to include on the final punchlist; During
finishing stages, have Contractor and affected subcontractors accompany RPR to
detect and assure correction of faulty work; more...
202.2.13 Completion: Before Director of Public Works issues a certificate of
substantial completion, submit to contractor a list of observed items requiring
completion or correction.
Conduct final inspection in the company of Construction Manager, Director of Public
Works, and contractor and prepare a final list of items to be completed or corrected.
Observe that all items on final list have been completed or corrected and make
recommendations to engineer concerning acceptance.
202.3 Limitations of Authority:
Resident project representative /Construction Manager:
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Shall not authorize any deviation from the contract documents or substitution of
materials or equipment, unless authorized by Director of Public Works and /or City's
Civil Engineer — Project Manager.
Shall not exceed limitations of the Director of Public Works and /or City's Civil Engineer
— Project Manager authority as set forth in the agreement or the contract documents.
Shall not undertake any of the responsibilities of contractor, subcontractors or
contractor's superintendent.
Shall not advise on, issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the contract documents.
Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the work.
Shall not accept shop drawing or sample submittals from anyone other than contractor.
Shall not authorize owner to occupy the project in whole or in part.
Shall not participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by Director of Public Works and /or City Civil
Engineer — Project Manager.
Shall be authorized to direct any emergency work to prevent imminent injury, loss of
property, or life. The Resident Project Representative shall remain on site and
immediately contact the Director of Public Works and /or City's Civil Engineer — Project
Manager.
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203 PROJECT DOCUMENTATION REQUIREMENTS FOR THE SCOPE OF WORK
203.1 GENERAL ADMINISTRATION:
203.1.1 Records of Telephone Conversations & Oral Communications: Keeps a
record of substantive details of job - related calls and action taken or communications
with citizens, etc...
203.1.2 Request for Clarifications /RFI's: Documentation of Contractor for
Clarification, Construction Manager's Recommendation, Director of Public Works
Authorization.
203.1.3 Project Status: Record of budget vs actual cost
203.1.4 Property Owner Release Forms: Provides for a waiver of future potential
claims by owners of properties affected by construction operations involving City
Projects.
203.2 CHANGES IN WORK:
203.2.1 Change Order Request: Describes proposed changes and the justification for
them, and authorizes the issuance of a formal Change Order.
203.2.2 Change Order: Provide Contractual Means for making changes from original
plans and specifications.
203.2.3Work Change Directive: Describes ordered changes without Contractor
Concurrence, and authorizes and orders implementation of such changes. Intended for
use ONLY in special circumstances involving emergency changes where there is
insufficient time to wait for the formal change order to be executed. Also for ordering
changes where there is disputed or protested work.
203.2.4 Field Order (Valid for change not involving time and cost): Issues
instructions or orders to the Contractor that are not in conflict with the scope of the
plans and specifications. Use for ordering the Contractor to perfrom that which is
included in its contract.
203.2.5 Change Order Log: Readibly- accessible Documentation of the status of all
Change Order Activity.
203.3 COST ESTIMATING:
203.3.1 Cost Estimates: Cost Estimating responsibilities of the Construction Manager
are generally limited to the preparation of Engineer's Estimates of proposed change
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orders, review of Contractor's change order proposals, the value of extra work, and the
verification of the value of work completed and materials delivered as a means of
verifying the Contractor's monthly progress pay.
203.4 EXTRA WORK — DISPUTED WORK — DELAYS IN WORK- ACCELERATED
WORK
203.4.1 Daily Work Extra Report: Cost — isolation documentation. Documentation of
labor, materials, and equipment costs for payment of extra work ordered by Engineer.
However, this form is equally valuable to document costs of disputed work, work done
under protest, delayed work, or similar cases where later claims may be filed.
203.5 NON- COMPLIANCE - REJECTION OF WORK
203.5.1 Non Compliance — Rejection of Work: Written notice of deficiency and a
formal demand for corrective action by the Contractor. Description should contain
accurate location of such defect and all plan or specification references. This document
may figure strongly in the City's defense against later claims.
203.5.2 Report of Defective Materials and Workmanship: Cumulative record of all
incidents of non - complying work or materials and the required corrective action
needed.
203.5.3 Record of Non Complying Tests: Cumulative record of all incidents of non-
complying tests of materials.
203.5.4 Non Conformance Tags and Labels:
203.6 PROGRESS PAYMENTS:
203.6.1 Monthly Pay Estimate Summary: Summary sheet presented to City for
approval of a Contractor's partial payment during construction. (Submit after verification
of contract quantities).
203.6.2 Monthly Progress Payments: Itemizes work completed to date vs amount
during current pay period.
203.6.3 Adjacent Property Owner Releases: Provide assurances to the City that no
later property owner claims will be filed by local residents whose property has
alledgedly been damaged by the Contractor and not repaired to their satisfaction.
203.7 RECORDS AND REPORTS:
203.7.1 Daily Construction Report: Documents daily work progress, equipment in
use, personnel at the site, and field conditions an that day.
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203.7.2 Construction Diary: Documentation of all project transactions; possible use in
court.
203.7.3 Construction Photograph Log: Permanent record of all construction
photographs taken.
203.7.4 Field Investigation Reports: Reporting details of field conditions surrounding
a construction problem and all pertinent facts and statements made. o
203.7.5 Report of Field Problem: Provides a vehicle for feedback information to the
City in cases where problems have developed.
203.7.6 General Project Status Report: Provides monthly summary report of project
status in terms of time and cost.
203.8 TIME DELAYS; EXTENSIONS:
203.8.1 Contract Time Extensions — Reasons and Recommendations:
Documentation of project delays not the fault of the Contractor. Any delays in work,
from any cause, must be thoroughly documented. The record should indicate the date,
time of day delay began, duration, cause, and what elements of the work effort or
equipment were affected. All such information should be documented in the field diaries
as well as on the various forms. Particular care should be taken by the Resident
Engineer so that delays cannot be blamed upon the Construction Manager, Inspector,
or the City. Under circumstance where there was City contributed delay (even if the
Contractor was partly at fault), several courts have refused to enforce the liquidated
damages clause in the contract.
203.9 PROJECT CLOSEOUT
203.9.1 Punch List:
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SCHEDULE OF COMPENSATION: The Consultant shall provide a cost proposal for
each project using the hourly rates shown below. If new personnel are proposed, the
Director of Public Works must first approve the person and their rate prior to starting
work.
For each project requested, the Consultant shall provide an hourly not to exceed price
without authorization price within 5 working days. The City reserves the right to
negotiate the proposal.
HOURLY RATES
Name Project Position Hourly Rate
Michael Perez, PE Project Principle $106.67
Ben Quintana, PE Construction Manager $95.54
Marc Glasser Scheduling Manager $106.00
Karen Cole Administrative Assistant $51.00
Gary Tomasetti, PE Resident Project Representative $84.28
Greg McMurtrey, PE Resident Project Representative $99.80
Mark Roberson, PE Resident Project Representative $85.42
Ben Fardi, PE Resident Project Representative $93.74
Roger Russell Resident Project Representative $80.48
Wolford D. Brown Resident Project Representative $87.81
Fred Bronson, PLS Resident Project Representative $80.05
Dick Pennick Resident Project Representative $60.80
Long Ngyuen Resident Project Representative $66.86
William Andrews, PE Resident Project Representative $109.72
Jeffery Kivett, PE Resident Project Representative $73.49
James Moore, PE Resident Project Representative $75.21
Daniel DeBassio, PE Resident Project Representative $91.16
Robert Bateman, PE Resident Project Representative $84.43
Laurance Hays Resident Project Representative $86.81
Roland Bradley Resident Project Representative $91.68
Larry Sandoval Resident Project Representative $78.81
Issam Khalaf Resident Project Representative $74.87
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SCHEDULE: Since this is a contract for on -call per project construction management
services, the schedule will be dependent upon the amount and types and projects
requested. Approval by the Engineering Department for each project will be required.
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