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HomeMy WebLinkAboutAGMT - Pickart, Gail P. (Project Mgmt Svcs-Bridge Widening I-405) PROFESSIONAL SERVICES AGREEMENT between OF $EACB , :: y � hP Qx.,• 'CFC en.s�o UNTY Gp City of Seal Beach 211 8 Street Seal Beach CA 90740 (hereinafter "City ") and Gail P. Pickart, P.E. Consulting Civil Engineer 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (hereinafter "Consultant ") for -SUPPLEMENTAL- ON CALL PROFESSIONAL PROJECT MANAGEMENT SERVICES Contract No. 99002 _ emtnite:f oi /0 2 5'99 S- B . BlvI did 9� � av J - / 0 5- /)jZOjt!if • 0 PROFESSIONAL SERVICES AGR ENT THIS AGREEMENT, is made and entered into this 02 — day • ' %4 . L, by and betw thr- T OF J4L BEACH (hereinafter failed / ty ' ), and �/ /Cf /9,e / , (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 Statutes 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 1 • • 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 not 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 to 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 LIAISON. 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. 2 • • 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: A policy of Errors and Omissions professional liablility insurance appropriate to Consultant's profession and approved in writing by the City. Such policy or policies of insurance shall carry a minimum limit of $1,000,000 per occurrence. 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 as evidenced by as 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 3 • • compensated by the Consultant for the costs of the insurance premiums at the maximum 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 grants 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: 4 0 • L 5 • • Gail P. Pickart, P.E. Consulting Civil Engineer 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 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 acceptance of the Services. In the event of breach of this warranty, the Consultant shall take the 6 • • 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 the performance of the work under this agreement. The Consultant shall maintain the work sites 7 • 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 8 • • 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 terms of this Agreement shall be interpreted according to the laws of the State of California. 9 • • • In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date indicated above. CONSULTANT: CIT • By: V . By: I ‘ ' i d .1(21 Name: G 0 i 1 P. P i ck ar I- Name: Keith R. Till Title: O wv, er /Prirle.ipl Title: City Manager Attest-- ) Approved as to form: B. ;// B Na P Joanne M. Yeo Name: Title: City Clerk Title: 10 • • . • • EXHIJII1TA : , WO !' :, K\ 11 • • 200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK 200.1 EXAMINATION OF RFP/RFQ DOCUMENTS: Not used. 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 City 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 14. 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 reassignment of the key personnel, submitting written documentation of the new individual's qualification. 12 • 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 City 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 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. 13 • • 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. 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 Consultant'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: Not used. 200.13 RETENTION FOR CALTRANS: For any task orders that include Federal Funding, 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 withholding 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 Federal Funded 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. 14 • • 201 SPECIFIC REQUIREMENTS FOR THE SCOPE OF WORK The Consultant will perform project management services, augmenting the City of Seal Beach's capabilities on an "as needed basis". Consultant proposes to provide project management services for widening the Seal Beach Boulevard Bridge overcrossing 1-405 during the period of January 1999 to January 2000. The scope of services is as follows: Task 1: o Provide coordination, assistance, and monitoring of the work to be performed by Robert Bein, William Frost & Associates (RBF) under their contract with the City of Seal Beach (City). These interfacing activities will primarily involve the City, RBF, and Caltrans District 12. Secondary and incidental involvement is expected with other agencies such as the Orange County Transportation Authority (OCTA), utility companies, regulatory agencies, and community groups. These work efforts will be ongoing during this approximate year-long preliminary design phase of the project. Task 2: o Review specific work product items (deliverables) prepared by RBF under their scope of services. Task 3: o Attend and participate in meetings outlined in RBF's scope of services. Task 4: o Perform specific tasks as requested by City of Seal Beach staff relative to the project's status, schedule, budget, constraints, or opportunities. Task 5: o Reimbursable expenses. • 14 EXHfl; IT B Schedule of Compensation • • TOTAL CONTRACT ALLOCATION NOT TO EXCEED $45,000 without further written authorization. FEE RATE SCHEDULE Effective January 1, 1999 Task 1 320 hours @ $75 per hour average $24,000 Task 2 120 hours @ $75 per hour average $ 9,000 Task 3 80 hours @ $75 per hour average $ 6,000 Task 4 50 hours @ $75 per hour average $ 3,750 Task 5 Reimbursable expenses $ 200 TOTAL FEE BUDGET $ 42,950 I. Professional Services Title Rate Per Hour • Principal $ 90.00 Project Manager $ 70.00 Clerical/Work Processing $ 35.00 II. Reimbursable Expenses 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying and photographing will be billed at cost. III. Outside Services Invoiced costs of services and expenses charged by independent contractors, consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P.E. will billed at 1.15 times cost. 16 • • EXHUII IT C Sch - dule • • SCHEDULE: Since this is a contract for on-call project management services, the schedule will be dependent upon the project schedule of the consultant. 19