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HomeMy WebLinkAboutHarris & Associates, Inc. 2005-02-24EXHIBIT "A" CITY OF UKIAH STANDARD CONSULTANT SERVICES AGREEMENT AND GENERAL PROVISIONS This Agreement, made and entered into this day r , 2005, by and betweeti the CITY, OF UKUJ4, CALIFORNIA, hereinafter referred to as "City" and a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires construction management services related to the Wastewater Treatment Plant Improvement Project. b. Consultant represents and warrants to City that he has all licenses, permits, qualifications, and approvals of whatsoever nature, which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. The consultant must possess a valid City of Ukiah Business License prior to beginning work. c, City and Consultant agree upon the SCOPE OF SERVICES describing work to be performed by the Consultant and project deliverables to be delivered to the City and the Work Schedule setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The services to be rendered under this Agreement pertain to the Wastewater Treatment Plant Improvement Project. 2.0 SCOPE OF SERVICES 2.1 As set forth in the "City of Ukiah, Request for Proposals, Construction Management Services", dated 12/16/04. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the "SCOPE OF SERVICES" upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the "SCOPE OF SERVICES". Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. In the case of any such delay, the time of completion shall be extended accordingly. 4.0 COMPENSATION FOR SERVICES 4.1 Basis.for Compensation. For the performance of the professional and technical services of this 1: r~:; rricrrt, Consultant shall be compensated at the fixed not to exceed fee of The Consultant is obligated to complete all tasks in their entirety at the corr]1)CIIS"10011. 4.2 Changes. Should changes in compensation be required because of changes to the "SCOPE OF SERVICES" of this Agreement, the parties shall agree in writing to any changes in compensation. Changes to the "SCOPE OF SERVICES" means different activities than those described and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. 4.3 Sub-contractor Payment. City shall approve the use of sub-consultants or other services to perform a portion of the work of this Agreement prior to commencement of work; the cost of sub-consultants is included within the fixed fee identified in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to Consultant, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. City shall have the right to control Consultant only insofar as the results of Consultant's service rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. 2 5.3 Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. City shall designate a City representative and Consultant shall designate a Consultant representative. The City representative and the Consultant representative shall be the primary contact person for each party regarding the performance of the agreement. City representative shall cooperate with Consultant and consultant representative shall cooperate with the City in all matters regarding this agreement and in such manner as will result in the performance of the work in a timely and expeditious fashion. Consultant shall employ no City official or employee in the work performed pursuant to this Agreement. No office or employee of Agency shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 and following; nor shall City violate any provisions of its Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section 87300 and following. 5.4. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 5.5 Unique. Proprietary or Innovative Designs or Products. Unique, proprietary or innovative designs or products must be approved of by City in advance of specification or use in design by Consultant. A full, written report on performance history (i.e., track record) of product, design strengths and weaknesses or limitations, and financial strength of manufacturer making product must be submitted by Consultant to City for review and approval. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO") Commercial General Liability Coverage Form No. CG 00 01 1185. 2. ISO Form No. CA 000 1 (Ed. 1/78) covering Automobile Liability, Code I "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $1,000,000 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 limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Professional Liability Coverage: $500,000 combined single limit per claim. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, and employees are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, or employees. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, or employees shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, or employees. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retroactive date shall be the effective date of this Agreement. 4. All Coverages With the exception of Professional Liability Insurance, each Insurance policy required by this. clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. With respect to Professional Liability, Consultant shall give the City thirty (30) days prior written notice by certified mail, if such coverage is to be suspended, voided, and reduced in coverage or in limits. 5. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than B+, Class 10 or-better and who are admitted insurers in the State of California. 6. Verification of Coverage Consultant shall furnish the City with certificates of Insurance and with original endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation-related forms couldn't be used; equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverage required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. 7. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or willfully wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events, which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. City shall be solely responsible for, and shall indemnify and hold harmless Consultant, its sub consultants, and their directors, officers, employees, agents, successors and assigns from and against any and all demands, claims, suits, liabilities, losses, damages, fines, encumbrances, liens, penalties or expenses ("Claims") for bodily injury, property damage, damages to the environment or natural resources, lost use, income, or profits, foreseeable and unforeseeable consequential damages, the costs of any required or necessary repair, cleanup or detoxification of any property, the preparation and implementation of any closure, remedial or other required plans, and all reasonable costs and expenses incurred by Consultant in connection with the above, including, without limitation, reasonable attorneys' fees: (1)/arising out of the services performed under this Agreement; and (2) involving the transportation, treatment, storage, release, or threatened release of Hazardous Material, or any Claim made under any Hazardous Materials Laws. This indemnification shall not apply to claims based on the negligent or willfully wrongful act or omission of Consultant, or its officers, agents, employees, successors or assigns; however, City agrees that it will retain an attorney acceptable to Consultant and pay all legal fees to defend Consultant against any legal action in connection with hazardous material as defined herein. As used herein, the term "Hazardous Material" means any pollutant, contaminant, hazardous waste, toxic substance or related material, including, without limitation, any substance regulated under the Hazardous Materials Laws. As used herein, the term "Hazardous Materials Laws" includes any statute, regulation, order, permit or government requirement, now or hereafter in effect, relating to 6 environmental conditions, industrial hygiene, or Hazardous Materials, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the "SCOPE OF SERVICES". Documents, including drawings and specifications, prepared by Consultant under this Agreement are City's property, including ownership of any copyrights on project plans, drawings, specifications, and reports. Any use of completed documents for other projects and/or any use of uncompleted documents without specific written authorization from Consultant will be at City's sole risk and without liability or legal exposure to Consultant and City shall indemnify and hold Consultant harmless from all claims, damages, and losses and expenses, including attorney's fees, arising out of or resulting there from. 7.2 Final Approval. City and Consultant agree that until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without the prior written consent of both parties. 7.3 Governing Law. Consultant shall comply with the applicable laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. California law shall govern the interpretation and enforcement of this Agreement and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.4 Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.5 Breach of Contract. If Consultant materially breaches the terms of this Agreement, the City shall have the following alternative remedies: (a) Immediately terminate the Agreement with Consultant; (b) Retain the plans, specifications, drawings, reports and other design documents prepared by Consultant; (c) Copyrights on plans, specifications, drawings, and reports and other design documents owned by the Consultant shall become the property of City; (d) Complete the unfinished work, under this agreement, with a different consultant, or; (e) Charge Consultant with the difference between the cost of completion of the unfinished work pursuant to this agreement and the amount that would otherwise be due consultant had Consultant completed the work. 7.6 Entire Agreement. This Agreement and executed Amendments set forth the entire understanding between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. 7.7 Severability. If a court of competent jurisdiction holds any term of this Agreement invalid, the remainder of this Agreement shall remain in effect. 7.8 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.9 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without Cit.Vs prior written consent. 7.10 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.11 Liti ag tion. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. 7.12 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.13 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8 8.0 9.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC UTILITIES 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 Consultant Entitled to Rely. Consultant shall be entitled to rely upon the accuracy of data and information provided by City or others without independent review or evaluation. 10.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF UKIAH CANDACE HORSLEY CITY MANAGER ATTEST _W t MARIE tJLVILA , .DEPUTY ITY CLERK APPR VED AS TO FORIvI DA PORT CITY ATTORNEY (Name of Consulting Firm) BY (Authorileil Agent ofFinn) _ / ®t -t A. , , ~ r"~•u~~^~ 1.-ems (Agent's Title) r Date z-2V-vs Date EXHIBIT B Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Section 5 - Scope of Services I Harris' goals in managing your project are to: ■ Be your project's advocate. ■ Anticipate problems and solve them quickly and effectively. ■ Provide decision makers with reliable cost, quality, and schedule information. ■ Provide the most value for the available funds. ■ Motivate, lead and challenge project team members. Preconstruction Phase Critical Issues ■ Do the design documents meet the requirements for utility, cost and time of delivery? ■ Can the project be built as envisioned by the designer? ■ Is the contractor qualified to bid on this project? Design document review. During the design phase, we work with the design team to deliver projects that meet the expectations of quality, maintainability, utility, cost and schedule. Our plan includes increasing the value of dollars spent by reducing potential claims before they occur. Although not specifically requested in the RFP, one of the best value services Harris offers is a biddability/constructability review. During our review of Brown & Caldwell's bid documents, we will look for areas of ambiguity, omissions, and conflicts that potentially add risk to a project. We will convey these findings to B&C with suggested changes. Prequalifications of general and electrical contractors. The prequalification process has gained wide acceptance for publicly bid contracts in California. The State formalized the process in 1999 with AB 574 which became Public Contract Code 20101. The Department of Industrial Relations subsequently developed and published forms available for public agency use. Harris first used this technique over 20 years ago at the Central Marin Sanitation Agency on a $1 million process control system project that had to coordinate with the $65 million general construction contracts. Since then, we have used this technique on numerous projects. 4-1- M I Harris & Associates Section 5 - Scope of Services Page 1 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Protect The prequalifications process is still subject to the same rigors as the public bidding process. It must hold up to scrutiny in avoiding favoritism, cronyism and corruption. The process is also subject to potential delays from protests, the same as a bid. Thus, it is important that the prequalification criteria are objective, easily quantifiable, and above reproach. Pre-Construction Phase Services Harris shall provide specialized services during the project preconstruction phase, including the bidding periods of the project. The services are intended to involve the construction manager early in the project and to provide advanced planning for the construction phase activities. 1.1 Pre-qualification of Contractors Purpose: Provide the city with a reasonable assurance that the contractors bidding on the project are qualified and have the financial standing. Approach: Harris & Associates will send out request for qualification (RFQ) to a list of contractors and builder exchanges put together by the City and Harris. Harris will receive questionnaires and review them. Assumptions: City will make the final decision as to the qualified contractor to provide the bid on the project. Deliverables: Provide City with a list of pre-qualified contractors, based on objective evaluation criteria as defined in the pre-qualification package. 1.2 Partnering Purpose: Partnering is a process that establishes an agreement between the key participants of a project such as the engineer, contractor, owner, suppliers, and construction manager to work cooperatively to achieve common goals and timely resolution of issues for mutual benefit. The process is expected to instill a spirit of teamwork and enhance progress and reduce contract disputes. City and contractor meet to Hams & Associates Section 5 - Scope of Services Page 2 c Proposal to Provide Construction Management Services J i Wastewater Treatment Plant Improvement Project ;~A F develop a working relationship that promotes cooperation, minimizes confrontation and expeditiously resolves disputes in an amicably manner. Approach: Harris will retain a partnering facilitator and participate in an initial project partnering workshop with the City, its engineer(s), the Construction Contractor(s), and Harris Construction Management staff. Harris will assist the City in organizing partnering sessions between the City, contractor, design engineer, other interested parties and Harris. Harris will schedule a partnering review workshop six months after the start of construction. Harris will also coordinate a monthly partnering meeting with the city and contractor. Assumptions: ■ Harris will attend an initial 2-day project partnering workshops, which will be partly led by a professional facilitator. ■ A minimum of three Harris staff will attend and take part in both partnering sessions. ■ City and Harris will send managers authorized to make decisions for their respective organizations. Deliverables: Partnering charter (from the Partnering Workshop Facilitator). 2.1 Contract Documents Reviews (Including Biddability) Purpose: Provide the City assurance the plans and specifications are reasonable and do not contain ambiguities that increase costs after the project has started. Approach: Provide a review of the contract documents for biddability and constructability. Review plans and specifications for problem areas that could lead to delays, disputes, and change orders during construction. Review plans and specifications for problems that could arise during bid process. Assumptions: Value Engineering studies have already been performed. This is to ensure a complete bid document is at hand. ii Section 5 -Scope of Services Hams & Associates Page 3 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Deliverables: ■ Document Review recommendations. ■ Review report. 2.2 Bidding Assistance Before and During Bid Period Purpose: Ensure the City has well-organized pre-bid meetings and all comments and questions are documented. Approach: Organize, schedule, prepare agenda, conduct and record the pre-bid conference project. Assumptions: ■ The City will provide the meeting venue. ■ Design engineer will field and log all questions raised by bidders during the bid period. ■ The copy of the log of bid questions will be forwarded to Harris for the project records. Deliverables: ■ Provide written agendas and minutes for pre-bid conference. ■ Forward electronic copies of pre-bid meeting minutes to the design engineers for its use in preparing Letters of Clarification. 2.3 Construction Management Plan (Standard Operating Procedure) Purpose: Provide the project stakeholders (City, designer, contractor, and Harris) with the same procedures in dealing with project responsibilities and assigning authority during construction. Approach: Using the Harris Construction Management Procedures Manual, develop a procedures manual that is usable for the construction project. The manual will be used for the life of the project. Assumptions: The final project manual will be bound in a three ring binder to facilitate future revisions. = I Hams & Associates Section 5 - Scope of Services Page 4 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Deliverables: ■ Draft project manual for review by the City. ■ After review and comments, provide final project manual to the City 2.4 Storm Water Pollution Prevention Plan (SWPPP) Purpose: Protect the City from potential fines from regulatory agencies by monitoring contractor's activities regarding pollution prevention controls and/or activities for general compliance with the contractor's SWPPP Best Management Practices (BMP's). Approach: Harris staff will observe contractors work area for general compliance with the SWPPP Best Management Practices (BMP's) and notify contractor if the pollution prevention controls are not in accordance with the SWPPP. Failure to revise and correct conditions will be cause to have the City take corrective action. Immediate shutdown of contractor's work may be required, if conditions will pollute the near by creek. Deliverables: Contractor SWPPP monitoring reports kept in project file for the record. Construction Management Services 3.1 Preconstruction Conferences Purpose: Invite essential project participants to attend the preconstruction meeting. This meeting will outline the City's administration of the contracts, introduction of the attendees, and record all comments and questions submitted by the contractor. Provides an understanding of the procedures to be used on the project and what the contractor can expect from the City and its consultants. Approach: Harris will schedule, prepare agenda, chair and take minutes of the preconstruction meeting for the construction project. Outline project specifics, and inform contractor of project administration procedures. Invite all affected regulatory agencies, utilities, fire departments, police departments, RWQCB and others to attend the meeting. 4-1-11- I H& Associates Section 5 - Scope of Services Page 5 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project s Assumptions: ' t The meeting will be held in a mutually convenient meeting room capable of accommodating all participants. Deliverables: ■ Provide written agenda and minutes of the preconstruction conference. ^F.,,, ■ Forward electronic copies of preconstruction meeting minutes to the attendees for their use. 3.2 Communications and Correspondence Purpose: To provide a prompt and efficient exchange of information between the City and its contractor. Approach: "r At the preconstruction conference get all pertinent information from the attendees to develop a project directory of all key personnel working on the project. Develop a flow chart showing how correspondence is to be handled once it is received from the contractor. Log all information received from the contractor, in Expedition, in separate project files for a. action and distribution. All original correspondence remains with the r project files. Only copies will be distributed, except for shop drawing submittals. Assumptions: The Harris file index will be used for all correspondence received from the City and contractor. Deliverables: Logs of information received from the project stakeholder relating to the project. 3.3 Change Management Purpose: Provide an easily retrievable system for dealing with all changes on the project, regardless of who initiates the change. Approach: Review potential change orders for contractual and technical merit. Prepare independent cost estimates and schedule analysis of work if Hams & Associates Section 5 -Scope of Services Page 6 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project necessary. Negotiate change order costs with the contractor, as needed. Prepare change orders, with all required documentation, for execution by the City. Keep the City appraised of cumulative changes in cost and time and the impact of these on the overall project. Assumptions: The City, while consulting with the design engineer, will provide appropriate direction to Harris regarding direction on how it wants to handle certain aspects of change orders. Harris will be allowed to use its sole judgment on how best to handle cost negotiations with the contractor. Deliverables: ■ Independent cost estimates. ■ Change orders ready for execution. ■ Change order summary reports. 3.4 Monthly Construction Progress Reports Purpose: To keep the City apprised of the project status during the prescribed construction period. Approach: Prepare a monthly report that provides construction status to the City and other involved parties. The monthly report shall contain, at a minimum, the following: ■ Status of contractor's schedule and what the contractor is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report. ■ Contractor and construction manager's costs incurred for the month. ■ Cash flow projections for both the contractor and construction manager. ■ Photographs to show construction activities and for clarity for special issues. ■ Other information deemed necessary for the City to have a concise understanding of the construction project. Assumptions: City will assist Harris in the formatting of the first report. I Harris & Associates Section 5 - Scope of Services Page 7 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Deliverables: Monthly progress report 3.5 Dispute Resolution Boards (Optional Service) Purpose: To use the Dispute Review Board (DRB) to resolve issues that cannot be resolved at the project or City level. Approach: A DRB can be established by incorporating specification into the Construction Contract Documents to hear disputes between the City and its construction contractor. Harris will coordinate the process for the DRB members to be selected and approved by the City and its contractor. Either party to the construction agreement may submit disputes to the DRB. The DRB shall hold a hearing to hear the case from both sides. The DRB will issue a recommendation as to how it believes the dispute should be settled. The recommendation is not binding on either party and either party may ask for a reconsideration of the matter before the DRB. Assumptions: ■ The City and its contractor will establish the Dispute Review Board in accordance with the Construction Contract Documents. ■ Harris will assist the City in its development of the arguments to be presented to the DRB. Deliverables: ■ Written recommendations regarding disputes taken to the DRB. ■ Cost estimates as to the value of the disputed work. 3.6 Schedule Monitoring Purpose: Monitor and review contractor's CPM schedule, after approval of baseline schedule. Approach: Develop procedures, using available software, to review the contractor's schedule for logic, duration, and resource changes in the contractors' monthly updates. Notify the contractor of changes and document its response. Keep City appraised of construction schedule and changes found in the updates. 0*6 I Hams & Associates Section 5 - Scope of Services Page 8 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project -x L*11-1- Assumptions: ■ Contract specifications will require contractor to use Critical Path Method (CPM) for scheduling its work. The preferred scheduling software is Suretrak by Primavera. Gant charts will be strictly forbidden. A ■ Schedule status reports will be a part of the monthly status report. I Deliverables: Monthly status reports. 3.7 Cost Monitoring Purpose: To provide the City with a system that is easily accessible, easy to understand, and provide the required cost information for making timely decisions on the construction project. Approach: Using a combination of Expedition and Excel software provide reports, spreadsheets and graphs to monitor expected cost outlays and actual cost outlays. Assumptions: Cost monitoring system will monitor the construction contracts and the Harris contract. Deliverables: Cost summaries and reports. 3.8 Progress / Coordination Meetings Purpose: Conduct weekly meetings with the contractor to discuss schedules, status of RFQ's, status of submittals, issues log, old and new business concerning the project and any other business that is a concern of any party attending the meeting. To keep everyone informed as to the status of the project and discuss issues that may influence project completion. Approach: Conduct weekly meetings with the contractor and the City to discuss project schedule, current, and past issues that require action by someone other than the party raising the issue. Harris requests the contractor and the City to submit agenda items for the weekly coordination meetings. Section 5 - Scope of Services Page 9 I Hams & Associates Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Using the proposed agenda items and the agenda items developed in house, Harris prepares an agenda for the meeting and distributes the agenda to the parties that will attend the meeting. Harris distributes the previous meeting minutes and asks for concurrence of those attending the meeting or suggested corrections to the minutes. Minutes are filed as approved or amended. Assumptions: ■ City and contractor staff will be able to meet on a regular basis with minimal absences. ■ City will attend the meetings as a participant. Deliverables: ■ Weekly Agenda with status of open items from previous meetings. ■ Weekly meeting minutes with action items noted. ■ Meeting agenda (electronic and hardcopy). ■ Meeting minutes (electronic and hardcopy). ■ Two or three week look ahead schedule (prepared by the contractor)„ ■ Submittal, Issues log, and RFI and RFQ working logs as attachments. 3.9 Payment Recommendations Purpose: Ensure the City does not pay more than the amount that is reasonable for the work done on a monthly basis. To ensure the City is only making payments for work completed and materials stored on hand (if allowed). Approach: Harris and contractor develop a procedure that is acceptable to the City for monthly progress payments and the final payment. Harris reviews contractor's payment requests and verifies contractor pay quantities. After approval of the payment request by Harris and the contractor, Harris prepares payment documentation using Expedition software for approval and execution by the City. Assumptions: ■ Payments will be made to the contractor once each month. ■ City will make payments in accordance with the contract stipulations and State Law. Deliverables: ■ Contractor progress payment and final payment request. I Hanris & Associates Section 5 - Scope of Services Page 10 lrfi :a %t Proposal to Provide Construction Management Services . Wastewater Treatment Plant Improvement Project ■ Cost summary in the Monthly status report. ■ Progress payment request documents suitable for approval and execution by the City. yam: Wi 3.10 Safety l%w Purpose: , Observe and comply with contractor's site safety requirements. Notify ~ t ~ contractor if unsafe condition is observed. Notify the Cal/OSHA if contractor refuses to rectify unsafe condition. Report on accidents. Approach: I Harris staff to observe contractor's work area. Contractor to be informed if unsafe work conditions and/or areas are observed. Failure to rectify unsafe conditions will be cause to contact Cal/OSHA. Immediate shutdown of contractor's work may be required, if conditions endanger property and/or life. ~tL Assumptions: ■ City's contractor is solely responsible for safety at project site. Deliverables: ■ Accident reports. 44 ■ Summary of accidents will be part of the monthly progress reports. r; " 3.11 Environmental Coordination Purpose: x, Ensure the work activities abide by the requirements of the permits granted by regulatory agencies. ` Approach: h' Review and enforce requirements stipulated in permits issued by regulatory agencies. Assumptions: ■ All permits will be provided to Harris for review. Deliverables: ■ Daily inspection reports prepared by on site Harris inspection staff. ■ Correspondence to affected parties. 3.12 Submittal Management and Review V*-~ M I Hams & Associates Section 5 - Scope of Services Page 11 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Purpose: Provide an efficient means of processing shopdrawing submittals between the contractor, the City, and the design engineer. Provide the City with a brief, initial review of the contractor's shopdrawing r submittals before forwarding it to the design engineer. Approach: J71~ ' Using Expedition, develop a submittal list for distribution to the contractor and the design engineer. Track and submit suspense submittal logs at each coordination meeting. Follow up on all submittals that are nearing the end of the review period. The following steps will be followed in reviewing the contractor's shopdrawings: ■ Log into Expedition all submittals by Specification number. ■ Ensure the contractor has submitted a complete submittal, has been 4 coordinated with other trades and all deviations have been noted. Submittal is returned to the contractor if it is not complete. k- { ■ Construction manager continues review for general compliance with y f~ the specification. ■ Submittal is forwarded to design engineer for formal review and { acceptance. ■ Submittals are returned to Harris and the submittal status is logged into Expedition. ■ Submittals are returned to the contractor for use in work. ■ Harris to inform contractor if a resubmittal is required. Assumptions: M; Harris will review to ensure that the contractor has submitted a complete package prior to sending to the designer for review. Deliverables: ■ Monthly status logs of project shop drawings submittals. ■ Status log of all submittals in the Expedition database. ■ Log of accepted submittals. ■ Log of submittals in review. ■ Log of submittals that are not approved and will require resubmission by the contractor. i4{: ■ Final log of shopdrawing submittals and status at end of construction. 3.13 Request for Information (RFI) Management H i i arr s $ Assoc ates Section 5 - Scope of Services Page 12 Proposal to Provide Construction Management Services _ Wastewater Treatment Plant Improvement Project Purpose: At times, a contractor is unable to locate information that it deems critical to its construction activity. Harris staff will log and track Requests for Information (RFI) submitted by the construction contractor. To mitigate delays in getting the RFI's answered and the answer to the RFI is reasonably correct. Approach: Harris will log and review all RFI's for completeness and ensure the question is reasonable. Harris will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. Harris will return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is contained in the contract documents. Harris will note where the requested information can be found in the contract documents. RFI's that are design related will be forwarded to the design engineer for response. Harris will track RFI's by creating logs, using the Expedition software, to ensure timely response from the design engineer. RFI's held longer than three days by the design engineer will be followed up with a telephone call to the appropriate person. Assumptions: The City's design engineer will respond with an answer to all RFI's within three working days after receiving it from Harris. Facsimile will be used to forward RFI's to the design engineer. Deliverables: ■ Log of all RFI's and their status. 3.14 Document Management Purpose: Provide the City with an electronic means of tracking all documents exchanged between the parties involved in the construction of the treatment plant project. Approach: Using Primavera Expedition and the Harris File Index, all documents will be logged in the project field office. All incoming and outgoing documents will be logged into our computerized system. All documents will be filed as an electronic file and hardcopy. Assumptions: Harris will provide filing cabinets for the hardcopy files. Hams & Associates Section 5 -Scope of Services Page 13 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project . Deliverables: ■ Logs of all documents in the project files (electronic and hardcopy). ■ All original hardcopies will always remain in project files. 3.15 Construction Change Order Assistance Purpose: To provide the City with assurance the contractor is not presenting unjustified requests for extra work that may be included in the original scope of the contract. To assure the City the associated extra work costs and time extension requests are fair and reasonable to both the City and the contractor. Approach: There are two steps involved with this task. First, there is extra work requested by the City. Second, there are costs and time claimed by the contractor as alleged extra work. The steps used in assisting the City are similar in some respects and different in others. The approach Harris will use in assisting the City is as follows: Requests for Changes by the City ■ Forward Request for Quote (RFQ) to contractor for pricing and time extension if necessary. Letter to have a brief scope of the extra work and any other information the construction manager believes the contractor should be aware of. ■ Construction manager prepares an independent cost estimate of the extra work. ■ Construction manager reviews the cost quote from the contractor for completeness. ■ If the contractor's cost quote and construction manager's estimate are within 5%, accept the contractor's cost quote. If the difference is greater than 5%, negotiate with the contractor for a reasonable number. ■ Should the construction manager and the contractor be unable to negotiate a reasonable price, do the work by force account. Requests for Changes by Contractor ■ Review requests of alleged cost increases and/or time impacts for merit. If the construction manager determines the request fails on merit, the contractor will be informed of the reasons why the request is denied. Should the construction manager determine the request has merit, proceed as follows. ~ Section 5 -Scope of Services Hams & Associates Page 14 Proposal to Provide Construction Management Services ?1 Wastewater Treatment Plant Improvement Project ■ Prepare independent cost estimate and schedule analysis of work. ■ Negotiate extra work cost and time extensions with the contractor. ■ Keep the City appraised of the impact of cumulative change orders. ■ Prepare change orders for execution by the City. Assumptions: ■ Harris will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project. ■ Harris will negotiate with the contractor on contract changes. ■ Extra work costs successfully negotiated between Harris and the contractor will be submitted to the City for approval(s). Deliverables: ■ Independent cost estimates. ■ Independent schedule analysis. ■ Summary of negotiations and recommendations for approval. ■ Change orders ready for execution. ■ Change order summary reports. ■ Documents necessary to obtain approval beyond the authority of the city. 3.16 Review Certified Payrolls Purpose: To ensure contractor's employees are being paid the prescribed prevailing wage and the contractor complies with State law. Approach: Receive and review certified payrolls from the contractor and each of its subcontractors. Check for the "Statement of Compliance" from each contractor or subcontractor. Spot check wages of each classification of laborer or craftsperson. Notify contractor of all discrepancies and/or errors and request a corrected Certified Payroll. Deliverables: Hardcopies of the contractor's certified payrolls maintained in the project files. 4.1 Inspection and Documentation M I Hanis & Associates Section 5 - Scope of Services Page 15 Proposal to Provide Construction Management Services r Wastewater Treatment Plant Improvement Project Purpose: Provide the City with documentation of construction activities, duration, and work conditions. Approach: Provide the City with knowledgeable people, familiar with construction activities to be performed on project. Using Expedition, document the contractors' daily activities, manpower, equipment and items considered pertinent to the projects. The Construction manager is to review daily reports and provide instruction to inspectors on ways to improve their daily reports. Provide documentation of labor, materials, and equipment each day in various sections of the project. Deliverables: ■ Daily inspection reports. ■ Concrete placement reports. ■ Miscellaneous reports deemed necessary by the construction manager and with the concurrence of the City Project Manager. 4.2 Materials Testing Purpose: Provide project site and laboratory testing of construction materials used in the project. Coordinate the scheduling of required sampling and testing. Approach: Hire an approved material-testing laboratory that is located within a 20- mile radius of the project site. Assumptions: An independent, certified materials testing firm will be retained by the city. Deliverables: ■ Reports on all soil proctor and density tests. ■ Compression tests on all concrete samples taken on all project sites. ■ Test reports confirming soundness of materials used on the project. 4.3 Review and Maintain "As Constructed" Schedule Purpose: To track contractor's progress during construction of the project. L*_ M I Harris & Associates Section 5 - Scope of Services Page 16 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Approach: Using the daily inspection reports prepared by Harris inspectors, the contractors' schedule, site observations, and other sources of information, Harris will track and document the contractor's actual progress. The contractor's baseline critical path schedule will be used as a basis for comparing planned versus actual progress. The CPM software described in specifications will be used to track the contractor's progress and build a schedule based on the contractor's activities. Assumptions: Monitoring will be on a continuous basis and the "As Constructed Schedule" will be updated monthly. Deliverables: An "As Constructed Schedule" with one electronic file and one hardcopy. 4.4 Maintain Photographic and Video Records of Construction Progress Purpose: To provide the City with a photographic and video record of the project before, during and after construction of the project. Approach: Using still, digital and video cameras to record the conditions of the project site before the contractor starts work and after the work is complete. Using the same cameras, record the contractor's progress during construction. During construction, care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will have captions on the back giving the date taken, direction, initials of the inspector taking the photograph and a brief description on the photograph. Assumptions: ■ Photographs and videos will remain at the Harris office until the end of the project. ■ Digital photographs will be archived at the Harris office until the end of the project. Deliverables: All photographic and video records. M I Harris & Associates Section 5 - Scope of Services Page 17 Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project 4.5 Review and Maintain "As Built" Drawings Purpose: To provide the City with accurate record drawings for construction project. Approach: Monitor contractor's required record drawings on a monthly basis. In addition to monitoring the contractor's drawings, Harris staff will maintain a copy of the contract plans for project. Harris staff will attempt to include items that are not normally shown on the contractor's set of record drawings. This information is not necessarily construction related, but is project related and may be important in future maintenance and/or construction projects. Assumptions: ■ The Design engineer will be responsible for preparing the final as- built drawings. ■ Harris will assist the design engineers in answering its questions regarding the record drawings. Deliverables: One set of marked up contract drawings for the project. This set will be in addition to the contractor's marked up set of contract drawings. 4.6 Operation Manuals and Warranties Purpose: Construction manager shall obtain all required operation manuals and warranties from the contractor as required in "Construction Contract Specification" sections to be determined and transmit to the City; and deliver all keys, manuals, records drawings and maintenance stocks to the City. Approach: Continue other post-construction functions such as warranty problem resolution and start-up assistance. Initiate a system to identify all warranty items, length of warranty periods, names and addresses of contract personnel, any operational and maintenance requirements necessary to preclude invalidation of a specific warranty, and operational and maintenance manuals furnished by the contractor, manufacturer or supplier - and then distribute and coordinate such information with the City. Assist the City in establishing procedures to identify proper M I Hams & Associates Section 5 - Scope of Services Page 18 i Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project operational and maintenance requirements to preclude invalidation of warranties. Deliverables: Defined number of sets of operations and maintenance manuals, including equipment warranty information. 4.7 Final Acceptance - Punch List Assistance Purpose: To provide the City with reasonable assurance the general intent of the project documents have been complied with. Approach: Coordinate a walk through with the City, project design engineer, contractor, the City maintenance staff and other interested parties. Prepare a punch list with all errors, deficiencies and/or omissions noted in the walk through for the contractor to correct within a certain timetable. Harris staff will inspect items on the punch list after the contractor has notified Harris the work is complete. Completed items on the punch list will be initialed and dated as to whom did the inspection and the date of the inspection. Upon completion of the punch list work Harris will notify the City the work is complete and forward a copy of the completed punch list. Assumptions: Items may be placed on the punch list at any time up until the Notice of Completion is filed. Deliverables: Completed punch list with items initialed and dated. 5.1 Contract Closeout Purpose: To provide the City with all documentation and history of the construction contract. Approach: Use a systematic approach of reviewing the documents and providing the following: ■ Summary of all project costs. ■ Copy of contractor's performance bond, good for the warranty period. M I Hands & Associates Section 5 - Scope of Services Page 19 _ j Proposal to Provide Construction Management Services Wastewater Treatment Plant Improvement Project Assumptions: City will prepare and file contract Notice of Completion and Acceptance of Work. Deliverables: Final project report. 5.2 Project "As Built" Drawings Purpose: To provide the City with accurate "As Built" drawings for construction contract. Approach: Monitor contractors required record drawings on a monthly basis. In addition to monitoring the contractor's drawings, Harris will maintain a copy of the contract plans for each project. Harris will attempt to include items that are not normally shown on the contractor's set of record drawings. Assumptions: ■ The City's design engineers will be responsible for preparing the "as built" drawings. ■ Harris will assist the design engineers in answering its questions regarding the drawings Deliverables: One set of marked up contract drawings for each project. This set will be in addition to the contractor's marked up set of contract drawings. 5.3 Final Project Report Purpose: To Provide the City with a written history of the construction contract. Approach: Harris will review the project documents and prepare a written report for the City to forward to the City. As a minimum, the report will include the following: ■ Names of all organizations involved with the Project, i.e., City manager, construction manager, contractor and any other parties that may have a significant part in the construction of the project. W I Harris & Associates Section 5 - Scope of Services Page 20 Proposal to Provide Construction Management Services 1 a Wastewater Treatment Plant Improvement Project ■ Chronological history of the construction effort, to include all significant dates. ■ Contract amounts at bid time with all other bids in tabular form. ■ Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by Harris and the City's Project Manager. ■ Summary of Requests for Information, in tabular or matrix form. ■ Summary of outstanding claims not resolved when the notice of completion is filed. ■ Summary of final contract amount. ■ "Lessons learned" Assumptions: City will provide input to Harris regarding the form of the final report Deliverables: One Project Report for each construction project. 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