CC - Item 4S - Master Agreement, Del Terra Group for Garvey Bridge ReconstructionS
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: DECEMBER 11, 2007
SUBJECT: APPROVAL OF MASTER AGREEMENT AND PROJECT/
CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH THE
DEL TERRA GROUP FOR THE GARVEY BRIDGE RECONSTRUCTION
SUMMARY
On August 9, 2007, the City Council approved the Del Terra Group as the City's
construction manager for general capital projects and the Garvey Bridge Reconstruction
Project. In doing so, the Council directed the City Attorney to negotiate terms and
conditions for performing project management services. The attached contract
agreements were negotiated by Garcia, Calderon, and Ruiz (GCR) and will authorize
the Del Terra Group ("Del Terra") as the City's primary construction project manager for
capital projects and the reconstruction of Garvey Bridge.
Staff Recommendation
Staff recommends that the City Council take the following actions:
1. Adopt the attached resolution approving the Master Agreement for Program and
Construction Management Services with Del Terra Group.
2. Approve the attached Master Agreement for Program Management Services with
Del Terra ("Master Agreement").
Approve the attached Project and Construction Management Services
Agreement for Garvey Bridge at a not to exceed cost of $149,820 ("Bridge
Proiect Aareement") from unangrooriated General Fund reserves.
4. Authorize the City Manager to take the necessary steps to execute the
aforementioned agreements.
BACKGROUND AND ANALYSIS
Under the Master Agreement, Del Terra will be given responsibility for providing a
variety of professional services to the City that are necessary to plan and manage the
City's existing and future construction projects as well as other professional services
and consulting services. The terms of the Master Agreement shall govern the parties'
APPROVED FOR CITY COUNCIL AGENDA:
4825-2040-2690
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City Council Meeting
December 11, 2007
Page 2 of 3
rights and obligations, except to the extent that the terms of the Bridge Project
Agreement conflict with the terms of the Master Agreement. In such event, the terms of
the Bridge Project Agreement will control with respect to the Bridge Project. All terms
not defined in the Bridge Project Agreement will have the meaning set forth in the
Master Agreement.
Master Agreement for Program Construction Management Services
In July 2007, City issued a Request for Proposals ("RFP") for program and construction
management support services in connection with the performance of program and
construction management services for various City projects. On August 9, 2007, Del
Terra submitted a response offering to provide all construction management services
needed by City, which is described in greater detail in the Master Agreement for
Program Management (Attachment 2, Exhibit A).
The City Council made the determination that Del Terra was the most qualified
respondent to the City's RFP. Del Terra has expertise and experience in program
management, construction project design review and evaluation, construction
mobilization and supervision, bid evaluation, project-scheduling, cost-benefit analysis,
claims review and negotiation, and general management and administration of
construction projects. Furthermore, Del Terra has affirmed that they would provide
advice, assistance and management services for the completion of the projects in a
timely, organized and efficient manner.
Bridge Project Management Agreement
In addition to ongoing project management services, the City issued a Request for
Qualifications (the "RFQ") for project and construction management support services in
connection with the Reconstruction of the Garvey Avenue Bridge over Rio Hondo
Channel Project ("Bridge Project"). Del Terra submitted its Response to the RFQ on
August 9, 2007. In its response to RFQ, Del Terra represented that it is a professional
construction manager, qualified and capable of providing the services and work product
contemplated by the City. After reviewing its proposal, staff has found that Del Terra
has the necessary background and experience to provide services related to this
project.
Currently, construction-related activities on the Bridge Project are already on-going
under the supervision of the current project manager/construction manager, Willdan.
The City, pursuant to the proposed Bridge Project Agreement, would retain the services
of Del Terra to replace Willdan as the project manager/construction manager for the
project.
Willdan will continue to be involved in this project due to their high level of involvement
since the project's inception. However, they will participate in this project at the
discretion of City staff and Del Terra. In addition, Willdan will continue to represent the
City in this project as the City Engineer, ensuring compliance with City regulations and
providing communication between project managers, the City, surrounding
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City Council Meeting
December 11, 2007
Page 3 of 3
communities, and other agencies.
LEGAL REVIEW
This staff report, the attached agreements, and related documents were prepared and
approved by the City Attorney.
FISCAL IMPACT
The total funding approved for construction management services related to the Garvey
Bridge Project was $1,816,490. These services were funded by a variety of sources,
including Federal Bridge Rehabilitation grants, Caltrans grants, and the City's
Proposition C fund reserves. To date, there is approximately $300,000 in remaining
funds.
Under the Bridge Project agreement negotiated by GCR, Del Terra would begin billing
the City for work their firm will do to complete construction of the Garvey Bridge.
According to Del Terra's manpower projects (Attachment A), they estimate that
management services for the Bridge Project will cost up to $449,820.
Based on Del Terra's project cost estimates, the City Council will have to allocate an
additional $149,820 from unallocated general fund reserves to supplement the
remaining $300,000 in funding that has already been appropriated for the Bridge
Project. It is important to note that the payment of the additional $149,820 is a
calculation for the worst case scenario. That is, the incremental cost of utilizing Del
Terra's services to complete the Bridge Project could be as little as $0 and as high as
$149,820. City staff will monitor the contract to ensure that the project is completed with
as minimal a financial impact to the City as possible.
All other construction management functions for capital projects will be billed on a time
and materials basis. City staff will monitor these costs and will program them into future
capital projects budgets as needed.
Submitted by
Bonnie Garcia
City Attorney
Attachments:
A- Del Terra Manpower Projections for Bridge Project
B- Resolution
C- Master Agreement for Program and Construction Management Services
D- Project and Construction Management Services Agreement
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CITY OF ROSEMEAD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF CITY OF
ROSEMEAD APPROVING THE MASTER AGREEMENT FOR
PROGRAM AND CONSTRUCTION SERVICES BETWEEN THE
CITY OF ROSEMEAD AND DEL TERRA GROUP; AND
APPROVING THE PROJECT AND CONTRUCTION
MANAGEMENT SERVICES AGREEMENT BETWEEN THE
CITY OF ROSEMEAD AND DEL TERRA GROUP FOR THE
RECONSTRUCTION OF THE GARVEY AVENUE BRIDGE OVER
RIO HONDO CHANNEL PROJECT
RECITALS
WHEREAS, the City of Rosemead ("City") is an incorporated municipality that operates
in the County of Los Angeles, California. and
WHEREAS. the City issued a Request for Proposals (the "RFP") for program and
construction management support services in connection with the performance of
program and construction management services for City projects; and
WHEREAS. Del Terra Group ("Del Terra') submitted a Response to RFP dated August
9, 2007, offering to provide all construction management services needed by City; and
WHEREAS, Del Terra has represented that it has expertise and experience in program
management, construction project design review and evaluation, construction
mobilization and supervision, bid evaluation. project-scheduling, cost-benefit analysis,
claims review and negotiation. and general management and administration of
construction projects and has represented to City that it can provide advice, assistance
and management services for the completion of the projects in a timely, organized and
efficient manner, and
WHEREAS, Del Terra was selected as the most qualified respondent to the City's RFP;
and
WHEREAS, the City desires to retain Del Terra to provide advice, assistance, and
program/construction management services in connection with the planning.
development and construction of various projects; and
WHEREAS, the City relying on the representations made by Del Terra has determined to
retain Del Terra to manage the construction of designated projects and to provide any
other services outlined in the Master Agreement for Program and Construction Services
(between the City and Del Terra) ("Program Management Agreement"), and
WHEREAS, the City currently is also seeking to retain the services of a construction
manager to provide the City with professional services consisting of project and
4839-9214-5410 v.3
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construction management services along with related work product in connection with
the Reconstruction of the Garvey Avenue Bridge over Rio Hondo Channel Project
("Bridge Project"), and
WHEREAS, the City issued a Request for Qualifications (the "RFQ") for project and
construction management support services in connection with the Bridge Project and
Del Terra submitted its Response to RFQ on August 9, 1-007 representing that it is a
professional construction manager, qualified and capable of providing the services and
work product contemplated by the City, and
WHEREAS, staff review of Del Terra's representations indicate that Del Terra has the
background, knowledge, experience and expertise necessary to provide the services
required by the City; and
WHEREAS, currently, construction-related activities on the Bridge Project are already
on-going under the supervision of the current project manager/construction manager, that
is, Willdan; and
WHEREAS, the City, pursuant to a proposed Project and Constriction Management
Services Agreement ("Bridge Project Management Agreement") would be retaining the
services of Del Terra to replace Willdan as the project manager/construction manager for
the Bridge Project; and
WHEREAS, concurrently with the Bridge Project Management Agreement, the City and
Del Terra will be entering into the Program Management Agreement whereby Del Terra
will be given responsibility for providing a variety of professional services to the City
that are necessary to plan and manage the City's existing and future construction projects
as well as other professional services and consulting services; and
WHEREAS, the terms of the Program Management Agreement shall govern the parties'
rights and obligations, except to the extent that the terms of the Bridge Project
Management Agreement conflict with the terms of the Program Management Agreement
in which case, the terms of the Bridge Project Management Agreement will control; and
4839-9214-5410 v. 3
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NOW THEREFORE. BE 11' RESOLVED, the City Council of the City of Rosemead
hereby approves the Master Agreement for Program and Construction Services, and the
Project and Construction Management Services Agreement for the Reconstruction of the
Garvey Avenue Bridge Over Rio Hondo Project; and further authorizes the City Manager
to take such actions necessary to execute the aforementioned agreements.
PASSED AND ADOPTED this day of
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED AND ADOPTED this
2 , by the following vote:
City Clerk
`"day of ,2
John Tran. Mayor
4839-9214-5410 v.3
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EXHIBIT I
9
MASTER AGREEMENT FOR PROGRAM AND CONSTRUCTION
SERVICES BETWEEN THE CITY OF ROSEMEAD AND DEL
TERRA GROUP
4839-9214-5410 v. 3
EXHIBIT 2
PROJECT AND CONTRUCTION MANAGEMENT SERVICES AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND DEL TERRA GROUP FOR THE
RECONSTRUCTION OF THE GARVEY AVENUE BRIDGE OVER RIO
HONDO CHANNEL PROJECT
4839-9214-5410 v. 3
ATAC rrmE-N ;
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MASTER AGREEMENT FOR
PROGRAM AND CONSTRUCTION MANAGEMENT SERVICES
This MASTER AGREEMENT FOR PROGRAM AND CONSTRUCTION
MANAGEMENT SERVICES ("Agreement") is entered as of August 26, 2007 (the "Effective
Date"), between THE CITY OF ROSEMEAD ("City") and DEL TERRA GROUP ("Manager")
for project management services.
RECITALS
WHEREAS, The City is an incorporated municipality that operates in the County of Los
Angeles, California;
WHEREAS" The City issued a Request for Proposals (the "City Request") for program
and construction management support services in connection with the performance of program
and construction management services for City projects;
WHEREAS, Manager submitted a Response for Proposal (the "Manager Proposal")
dated August 9, 2007, incorporated herein by this reference as if fully set forth herein, offering to
provide all construction management services needed by The City, as more particularly
described in Exhibit A (the "Program Services").
WHEREAS. Manager has represented it has expertise and experience in program
management, construction project design review and evaluation, construction mobilization and
supervision, bid evaluation, project-scheduling, cost-benefit analysis, claims review and
negotiation, and general management and administration of construction projects and has
represented to the City that it can provide advice, assistance and management services for the
completion of the projects in a timely, organized and efficient manner;
WHEREAS, The City desires to retain Manager to provide advice, assistance, and
program/construction management services in connection with the planning. development and
construction of the Projects;
WHEREAS, the Manager was selected as the most qualified respondent;
WHEREAS, The City relying on the representations made by Manager has determined to
retain Manager to manage the construction of the Project and provide any other Services outlined
in this Agreement;
WHEREAS, The City and Manager desire to enter into an agreement for Manager to
provide the City with professional services consisting of program" project and construction
management and related professional services in connection with the completion of existing and
future City projects, and
WHEREAS, it is the intention of the parties that Manager provide comprehensive
program, project and construction management services, including the services identified in
Exhibit A, under the supervision of the City that will enable the City Projects or Professional
Service(s) to be completed and/or performed during the basic term of this Agreement.
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NOW, THEREFORE, in consideration of the agreements and covenants contained
herein, and for other valuable consideration the receipt and sufficiency of which is hereby
acknowledged. The City and Manager agree as follows:
AGREEMENT
ARTICLE I
GENERAL PROVISIONS
1.1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings
specified herein unless the context requires otherwise.
"Additional Services" shall mean any services not included in this Agreement which
City determines in the future should be performed by the Manager in connection with the
Project, which services shall be subject to all applicable provisions of this Agreement but
which shall be identified and described in a separate writing executed by The City and
the Manager.
"Architect' shall mean the architect of record approved and appointed by the City for
any Project.
"Authorization to Proceed" shall mean written authorization of City to proceed on any
Project.
"Basic Term" shall have the meaning set forth in Section 4.4.1.
"City Representative" shall mean the City Manager, and any successor appointed by
City.
"Construction Budget" shall have the meaning assigned to that term in Exhibit A.
"Construction Contract" shall mean any and all contract(s) awarded by the City upon
the advice of Manager to a Contractor or Subcontractor for the construction of the
Project.
"Construction Documents" shall mean the plans, specifications and other documents
prepared by the Architect and/or the Manager, subject to the approval of the City and the
Architect, which delineate the design and specify other necessary requirements relating to
the construction of the Project.
"Construction Phase" shall mean the phase of the Project commencing on the date of
the City's first award of a Construction Contract for the construction of the Project.
"Consultant' includes an architect, engineer, planner, landscape architect, inspector or
other professional/advisor with whom The City contracts with to perform other Project
services on the Project.
"Contractor" or "Subcontractor" shall mean an individual or firm performing work on
a Project.
"Day" shall mean a calendar day unless otherwise specifically designated.
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1067453.1 4852-68654850.5
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"Laws and Regulations" shall mean, in connection with each construction phase, the
laws and regulations of the Division of State Architect in effect at the time construction is
approved and the applicable permits, if any, are obtained.
"Program" shall mean the services that Manager shall provide pursuant to this
Agreement in connection with the planning, coordination and facilitation of all phases of
securing financing for a Project, all phases of the design of a Project and any other
Project Manager manages.
"Project" or "City Project" shall mean any City project either partially or fully funded
by or has the involvement and best interest of the City of Rosemead.
"RFQ" shall mean the City Request and the Manager Proposal, each concerning the
management of the design and construction of the Projects and all related Program
services. The contents of the RFP are incorporated herein by reference as if fully set
forth herein.
"Services" shall mean the services identified in Exhibit A - Scope of Services, which is
attached hereto and by this reference made a part of this Agreement, the services
identified in the RFP and any Additional Services hereafter approved by the City.
"State" shall mean the State of California, United States of America.
"Work" shall mean all the construction, work, labor, materials, machinery, equipment,
tools, supplies, services and other items that a Contractor, Subcontractor or Consultant is
to perform or provide in connection with the Project.
1.2 RECITALS INCORPORATED. The Recitals are hereby incorporated into this
Agreement.
ARTICLE 2
BASIC SERVICES
2.1 GENERAL SUMMARY OF MANAGER'S BASIC SERVICES
2.1.1 Program and Construction Management.
Manager shall provide Program and Construction Management services during all
phases of each City Project for which The City executes a separate Project and
Construction Management Services Agreement or otherwise authorizes in writing,
including, but not limited to, planning, pre-construction, bidding and award of
contracts, construction, Project closeout and post-construction phases.
Program/Construction Management services shall include management, oversight,
and coordination of all design consultants, contractors. sub-consultants, vendors, and
suppliers in connection with, and in the performance of, the delivery of the City
Projects. Manager shall also provide as required professional and consulting Services
as requested by City.
2.1.1.1 Reports.
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1067453.1 4852-68654850.5
Manager's Program/Construction Management services shall include progress
reporting on a monthly basis. Said reports, which shall be provided in writing and
electronically to the City in a mutually acceptable format, shall include the following
information:
a) Project status reports for each project, including milestones, highlights
and/or accomplishments achieved since the prior monthly report (each, a
"Project Status Report"):
b) Project Schedules for each Project including an update of actual
performance against the approved baseline schedule (each, a "Project
Schedule");
C) Budget, Actual, Forecast to Complete, and Quarterly Budget Available
Balances, as such terms are defined according to industry standards.
2.1.1.2 Coordination.
Manager's Services shall include coordination of all work with City personnel, other
public agencies, utilities or other third parties that are necessarily involved in the
planning and execution of the City Projects. These services do not include the
coordination of services that are not included within Basic Services or the
performance or provision of legal services on behalf of the City.
2.1.2 Status Meetings.
Manager shall meet as reasonably required with City staff to coordinate all phases of
City Projects. Manager shall chair meetings, prepare meeting minutes and distribute
meeting minutes to attendees. Manager shall present a status update to the City
Council as requested by City Manager. Presentations shall contain material from the
reports described in Section 2.1.1.1, including but not limited to milestones,
highlights, and/or accomplishments achieved, and potential and actual cost savings.
2.1.3 Schedule Management.
Manager shall develop, review, and maintain a Master Project Schedule listing each
City Project independently, and provide a master summary schedule for the portfolio
of City Projects ("Master Summary Schedule"). Project/Construction Manager,
where applicable, shall prepare a proposed "baseline" schedule for each of the City
Projects for review and approval by The City.
2.1.4 Inspection Services.
Manager shall monitor the status of or perform the inspection of the construction and
the maintenance of appropriate inspection reports and inspection logs relating to the
inspection of the Work. The ability to monitor or perform such inspection Work will
be subject to the inspection service(s) separately engaged by City. To the extent that
Manager becomes or is made aware of any Work that does not conform to the
specifications or drawings or other Construction Documents, it shall communicate the
existence of said defective conditions to The City and/or the appropriate inspectors
retained by The City to perform inspections on the City Project. Manager shall not
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have responsibility or liability for the quality or completeness of the inspections,
inspection reports, inspection logs or the quality of the Work.
2.1.5 Document Control.
Manager shall implement an industry standard document control and master file
archive system within six (6) months of the Effective Date.
2.1.6 Cost Estimating.
Manager shall monitor the cost estimating services provided by the City's
consultants/general contractors, and provide recommendations where applicable, for
the reduction of costs of design, construction and maintenance of the City Projects. If
the Manager is requested to provide feasibility analyses relating to the use of
alternative approaches to building systems, project delivery systems or alternative
methodologies relating to the procurement of said services, said services shall be
deemed Additional Services.
2.1.7 Schedule.
Manager shall create and manage a process for:
(i) Evaluation of Contractor's schedules and schedule updates, including the
preparation of independent critical path schedules and short-term ("look ahead")
schedules,
(ii) Receiving and evaluating requests for time extensions and claims for
compensation for delay,
(iii) Evaluating As-Planned to As-Built progress to assure that the City is fully
advised on issues that could affect timely completion ofa City Project,
(iv) Making recommendations to the City as to items (i)-(iii) above, including
modifications thereof
2.2 PRE-CONSTRUCTION
For each City Project, as directed, Manager shall perform the following services from the
issuance of the Authorization to Proceed by the City until the commencement of Work by
Contractor(s).
2.2.1 Project Prioritization.
Assist the City in identifying and prioritizing City Projects, including determining
which tasks may be performed through single or multiple Contractors, based on
availability of funds and City areas of need.
2.2.2 City Project Cost Estimates, Budget.
In conjunction with the City and the Project Engineer/Architect, review initial
budget for the construction costs for each City Project developed by the Project
Engineer/Architect. Review and evaluate the detailed estimate of probable cost
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for each City Project developed by the Project Architect. Review and update
current project budgets for each City Project based upon the Architect's approved
detailed cost estimate.
2.2.3 Screening of Design Consultants and Specialty Consultants.
Subject to the City's written direction for each City Project, chair, manage, or
participate in the prescreening and interview of design consultants and specialty
consultants. Provide written recommendations concerning selection of design
consultants and specialty consultants.
2.2.4 Design, Constructability, and Value Engineering Review.
Perform a general evaluation of Project design documents for accuracy and
completeness and advise the City on design costs, cost-effective design alternatives,
materials, building systems, equipment and methods of delivery. Advise on long-
term maintenance and energy savings issues as well as health and safety implications.
In performing these services the Manager does not assume responsibility for the
adequacy of the design of a City Project or for errors or omissions in said design.
This role is the responsibility of the Project Engineer/Architect
2.2.5 Communications.
Maintain and track communications among City Project participants.
2.2.6 Oversight of Environmental, Geological and Other Specific Testing
Perform oversight of the required testing for environmental, geological, CEQA or
other specific testing reports, as required by appropriate public agencies and
consultants. Maintain and track the status of such reports and communicate the
status of such reports to the City.
2.3 BIDDING AND AWARD OF CONTRACTS
For each City Project, if requested by the City. Manager shall perform the following services
from the issuance of the Authorization to Proceed through the award of Construction Contract(s).
2.3.1 Pre-Qualification of Prime Contractors.
Provide pre-qualification requirements, conduct contractor outreach, surveys and
assessments, assist with reference checks, report on bidders' acceptability, and
prepare written evaluations and recommendations.
2.3.2 Bid Preparation.
Review Drawings and Specifications and work with The City staff. including
design Consultant(s) as necessary, to prepare bid documents. If requested, make
recommendations for bundling of bids where appropriate. Assist City staff with
advertising of request for bids. Coordinate with City's design consultants, the
responses to bidders' questions and the issuance of addenda, and conduct pre-bid
conference and pre-bid job walks.
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2.3.3 Bid Review.
Review bids for price proposals, conformance to bidding requirements, adequacy
of bid bonds, accuracy of quantities, rates and unit prices, and contractors'
compliance with time and schedule requirements. Make recommendations for
awards and evaluate bid protests.
2.3.4 Awards.
Review performance and material/labor bonds for compliance with City
requirements and Applicable Law. Arrange pre-award conference, as appropriate.
Coordinate preparation and execution of Contract Documents.
2.4 CONSTRUCTION
For each City Project, Manager shall perform the following services from the
award of Construction Contract(s) to Contractors to Final Completion of all
Construction Contract(s).
2.4.1 Pre-Construction Conference.
Conduct pre-construction conference prior to Contractor mobilization with Project
team, including, but not limited to assigned City representatives, Architect's
design consultants, other consultants, construction inspectors ("Project Team")
and relevant public agencies and utilities, if applicable. Review plans,
scheduling. general conditions. staging, security, reporting procedures, safety
programs, site rules, and other key elements relating to the Work to be performed
on the Project.
2.4.2 Site Construction Management, Coordination, and Inspection.
Maintain sufficient personnel and equipment for consistent site monitoring and
coordination of construction activities. Facilitate regular coordination and
communication among City staff, Project Architect, design consultants,
contractors, and other relevant personnel. Monitor the contractor's schedule, and
direct, manage, and coordinate the construction process. and coordinate the
inspection and documentation of all the Work.
2.4.3 Contractor's Permits, Bonds, Insurance.
Monitor Contractor's compliance with its contractual obligations relating to all
required permits, bonds and insurance coverage's required for a City Project.
2.4.4 Schedule Maintenance.
Maintain and monitor the Master Project Schedule to ensure all work, submittals,
and reviews are accomplished in a timely manner. Update schedule as necessary
and distribute to appropriate members of the Project Team.
2.4.5 Contract Compliance Supervision.
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Monitor construction activities to ensure compliance with Contract Documents,
Project budget, specifications, drawings, schedules, and assist Project Architect to
identify the need for issuance of change orders. Advise the City on options to
address failures by a contractor, subcontractor (of any Tier), consultant or sub-
consultant (of any Tier) to complete their respective duties by established
deadlines.
2.4.6 Information and Submittals.
Log, process, and expedite contractor, subcontractor (of any tier), design
consultant, and sub-consultant (of any tier) requests for information and
submittals. Monitor Project's Architect's compliance with obligations relating to
the review of requests for information and submittals. Analyze and evaluate time
and cost impacts of proposed Project modifications and make recommendations to
The City regarding proposed modifications.
2.4.7 Change Order Management.
Together with the Project Architect, investigate, estimate. negotiate, recommend,
and process change order requests and claims for additional compensation or time
extensions, with timely notification to the City of such requests and claims, and
related cost overruns. On a monthly basis, prepare tabulated change order
monitoring and impact reports describing changed work, and the impacts of such
changed work to the cost and progress of the City Project. Make
recommendations to the City for final decision on each proposed change order.
The final decision for change orders remains with the City.
2.4.8 Testing, Inspection and Special Services.
Monitor the performance of the overall testing inspections and special services for
a City Project. Required tests and inspections are developed by the
Architect/Engineer of record for a City Project in conjunction with the appropriate
reviewing authority reflected in the City Project specifications. It is the Inspector
of Record's responsibility to coordinate and schedule the testing or inspection
activities. The requirements for special services such as site surveys and
geotechnical services shall be determined by the City Project Architect or its sub-
consultants.
2.4.9 Safety Program.
Review each safety program to ensure compliance with Contract Document
requirements and monitor the Contractor's implementation of its Site Safety
Program and ensure that accidents are investigated and reported. The Contractor
is responsible for developing and implementing a site safety program at each City
Project Site. Except if Manager is also the Contractor on the Project, Manager is
not responsible for Contractor's failure to comply with its safety program or other
safety requirements pursuant to Applicable Law. However, Manager is
responsible for notifying the City of any failure by a Contractor to comply with
such safety programs and requirements.
2.4.10 Document Control and Recordkeeping.
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Maintain files for City Projects utilizing Manager's tiling structure and document
control system. Said files shall include documentation relating to the Project
construction contracts, submittals, design. engineering, construction, proposed
change orders, change orders, test reports, inspections reports, and other Project
records.
2.4.11 Progress Monitoring and Reporting.
Maintain daily log of the progress of the work on each City Project and Project
conditions. Conduct and record weekly site progress meetings, and comply with
reporting requirements set forth Section 2.1. L I hereof.
2.4.12 Progress Payments.
Manage the monthly Application for Payment (AFP) of Contractor(s), confirm
submission of appropriate waivers, insurance certificates and other required
documents, and recommend approval on AFP's.
2.4.13 Cost Accounting and Payments.
Maintain records of actual Project costs and change orders, monitor contractor
compliance with Project budget and cost obligations, and timely submit
contractor's progress payment requests to the City.
2.4.14 As-Built Drawings.
Regularly review Contractor's as-built drawings for general accuracy and
completeness and ensure that the contractor provides a final set of as-built
drawings to the City in accordance with the contractor's Project close-out
obligations.
2.4.15 Claims Assistance.
Prior to acceptance of a City Project, assist with claims resolution by gathering
findings of fact, evaluating findings and strategies, and making recommendations
to the City regarding Contractors' claims.
2.4.16 Initial Start-Up, Punch Lists and Building Inspections.
Monitor testing, balancing and start-up of utilities, equipment and operational
systems, schedule job walks and building inspections, and assist Project Architect
and design consultant(s), where applicable, in preparing and managing punch lists
for incomplete work or defective work performed by the construction contractors.
2.4.17 Operations and Maintenance Manuals and Warranties.
Assemble manuals, warranties and certificates for equipment and building
systems provided by the contractors and verify that the same are applicable to the
items actually installed.
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2.4.18 Cleanup of Sites.
Monitor Contractor's Project site clean up obligations and enforce Contractor's
compliance with said obligations.
2.4.19 Closeout Documentation.
Coordinate completion, issuance and contractor's submission of all closeout
documents to the City including, but not limited to as-built drawings, lien waivers
and releases, operation and maintenance manuals and warranties, permit
inspections, and certificates and notices of completion, occupancy and
acceptance.
2.4.20 Final Project Report and Payment.
Review Contractor's request for final payment and make recommendation to the
City regarding said request. Provide a final report to the City that includes a
financial summary of construction costs, change orders, costs of construction
management and other services, and direct purchase items; a construction
summary with schedule review; and a final acceptance summary of signed
receipts from the City staff of all closeout documents, furnishings fixtures and
equipment.
2.5 POST-CONSTRUCTION
For each City Project, Manager shall perform the following services following the final
completion of all construction contract(s) until the end of the Basic Term of this
Agreement:
2.5.1.1 Installation, Relocation, and Move-In.
Assist with coordination of delivery and installation of furniture, furnishings,
fixtures, and equipment.
2.5.1.2 Training and Warranties.
Coordinate all training for building engineering and City staff. Ensure extended
warranties are identified with contact names and warranty descriptions.
2.6 OTHER PROFESSIONAL SERVICES
Provide additional Professional Services as required and/or directed by the City.
• Community Outreach: attending City meetings, Public events to provide
information and background on Projects; respond to requests for public
information as they relate to City Projects.
• Business Outreach: develop and implement a local business outreach
program (a "Business Outreach Program") to recruit the local businesses
to participate in the various City Projects.
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• Assist in litigation preparation and claims mitigation and support services
as requested by the City relating to applicable City Projects.
• Provide business consulting services: assist the City and City Staff with
appropriate professional consulting services to develop and implement
efficient operations and risk control. Said services may include:
o Information Systems Consulting
o Fire/Life/Safety Consulting
o Risk Assessments
o Facility Assessments
o Financial and Performance Assessments and Reviews
• Provide Staff Augmentation: As required and requested by the City,
provide appropriate personnel to perform in various areas of City
operations.
Provide monitoring to ensure compliance with federal and State OSHA
requirements, to ensure compliance with local, state and federal
regulations, including but not limited to, Clean Air Act and Clean Water
Act (NPDES).
• Provide Federal Labor Compliance services, as required.
ARTICLE 3
CITY RIGHTS AND RESPONSIBILITIES
3.1 CITY PROJECT BUDGETS, SCHEDULES
The City shall provide all financial information, including but not limited to budget goals,
objectives and constraints, that is necessary for Manager to develop project budgets for
the City Projects. The City reserves the right to modify the Project Budgets, Master
Schedule. Project Schedules or other requirements or designs for the City Projects, for
any reason, by written notice to Manager. Manager shall at all times perform its
obligations under this Agreement in a manner that is consistent with the City's project
building program, project budgets, master schedule, project schedules and other project
requirements, as modified from time to time by the City. Manager shall be allowed to
request adjustment in Manager's resources and fees related to the Project to achieve
modified requirements, and such request shall not be unreasonably withheld.
3.2 PROJECT INFORMATION
The City shall furnish available information concerning each City Project, including
surveys, soil reports, subsurface investigations, environmental information, existing
improvements, descriptions of legal limitations, utility plans, existing as-builts and other
information. All such information shall be furnished at the City's expense. The City
does not warrant, expressly or impliedly, the accuracy, suitability or completeness of
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such information or of any data, opinions or recommendations contained therein.
However, in performing the services set forth in this Agreement, Manager shall be
entitled to rely on such information provided to Manager by the City until such time as
Manager has determined that such information is inaccurate, at which time Manager shall
inform the City of its determination.
The City Representative shall act on the City's behalf with respect to the City Projects.
Manager shall act pursuant to the direction of the City Representative.
If the City observes or otherwise becomes aware of any fault or defect in the Work, or
nonconformance with the Plans or Specifications, or nonconformance with the City's
Security requirements, the City shall give reasonable notice thereof to Manager.
3.3 CITY
The City's Representative shall promptly render upon written request by Manager
decisions or approvals required under this Agreement. No failure by the City to render
any decision or approval shall excuse Manager from fully and timely performing under
this Agreement unless Manager has notified the City in writing, at least ten (10) Days
before such decision or approval is required, stating:
a) A description of the decision or approval required;
b) The date by which such decision or approval is required so as to not delay the
deliverables schedule; and
c) A statement that the deliverables schedule will or may be delayed if the decision
or approval is not received by the stated date.
The City shall coordinate the services of any City Project Team Members for whom
Manager has no contractual relationship with the services provided by Manager.
To facilitate coordination between Manager and City staff, the City shall communicate to
its staff involved with the City Projects the Manager's scope of work, including the
Manager's rights and obligations under this Agreement. The City shall support the
Manager in connection with the performance of Manager's obligations under this
Agreement, including, but not limited to ensuring that the City personnel and Project
Team members work cooperatively with Manager to achieve the City's goals for the City
Project. To the extent that Manager gives notice to the City of any failure of any the City
employee or its agent to cooperate with Manager, the City shall promptly take steps to
resolve said failure.
City hereby delegates responsibility to Manager to act on the City's behalf to manage and
oversee Contractor's work on City Projects and that City shall support Manager's
administration of the Contractor's work. Absent exigent circumstances, the City will
attempt to include Manager in any communications or meetings with Contractor relating
to Contractor's performance on City Projects. In those cases involving exigent
circumstances, whereby the City communicates independently with Contractor, it shall
promptly notify Manager of such communications.
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City shall designate in writing an individual employed by the City who is responsible to
act on its behalf in connection with the performance of its obligations under this
Agreement.
ARTICLE 4
COMPENSATION, TIME OF PERFORMANCE
4.1 BASIC SERVICES COMPENSATION
4.1.1 Basis of Compensation. In exchange for the full, timely and complete
performance of all of the requirements of this Agreement, the City shall pay
Manager on an hourly basis during the Basic Term of this Agreement. Hourly
billing shall be according to the Labor Rate Schedule attached hereto as Exhibit
B, but not exceeding the maximum contract individually negotiated between City
and Manager at commencement of each Project. Such negotiated fee shall be
deemed the "Maximum Compensation'".
Manager's overall compensation is segmented between Program Management and
Construction Management services.
Manager shall bill and be compensated for Basic Services based on the efforts and
services performed of the Manager and as agreed to by the the City and the
Manager, and pursuant to an approved Application for Payment for program
management and construction management services provided monthly in the form
developed by the Manager and approved by the City. In addition, the City shall
reimburse Manager for eligible Reimbursable Expenses described in section 4.2.1.
4.2 REIMBURSABLE EXPENSES
4.2.1 Reimbursement by City.
The City shall provide adequate office space, furniture, and access for Manager to
execute its work for City.
City shall reimburse Manager a reasonable sum for the actual and necessary out-
of-pocket expenses listed in this Section that are incurred and paid for by
Manager in furtherance of performance of its obligations under this Agreement,
but, only to the extent that such expenses are generated in connection with the
operations of.
a) Office supplies, office equipment, and telecomm services while at the
City,
b) Out-of-town travel (including transportation, lodging and meals) as
approved in advance in writing by City;
c) Other equipment or software necessary for performance of this Agreement
if and to the extent approved in advance by City, which approval may be
granted or withheld in the reasonable discretion of City, and which shall
be owned by the City at all times, including after services have been
provided by Manager; and
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d) Fees paid for securing approval of authorities having jurisdiction over the
City Projects.
All Reimbursable Expenses shall not exceed an 8% overhead fee relating to each
monthly billing by Manager.
4.2.2 Property of City. All materials or equipment, other than consumables, purchased
for the Project and reimbursed by the City as a Reimbursable Expense shall
become property of the City, be labeled as property of the City and delivered to
the City upon termination of this Agreement.
4.2.3 Equipment. Manager may use general office supplies, printers, photocopiers,
telephones, and fax machines while at the City in the performance of this
Agreement and may use other equipment in the performance of this Agreement as
necessary and in compliance with Section 4.2.1(c).
4.2.4 Approval Limitations. Any Reimbursable Expense wherein a single item
exceeds $500 in value, whether leased or purchased, must be approved in writing
in advance by City. Failure to obtain such approval shall result in the cost of such
item being borne by Manager without reimbursement by City.
4.2.5 Records. Manager shall maintain accurate and detailed records of Reimbursable
Expenses pertaining to the Project on the basis of generally accepted accounting
practices. Manager shall provide copies of such records to the City with each
submittal of its invoices and shall make these records available at City's request
for inspection, auditing and/or copying by the City and its representatives
pursuant to Section 6.1.2.
4.2.6 Payment. Payment for Reimbursable Expenses shall be made monthly, on the
basis of the Manager's submittal of appropriate invoices and accompanying
documentation (if any). Reimbursable Expenses shall be invoiced separately
from the Basic or Additional Services.
4.3 Intentionally left blank
4.4 BASIC TERM IZ
4.4.1 Basic Term. The Basic Term shall commence on 7 and shall
continue for sixty (60) months from the Effective date unless earlier terminated by
the City as set forth in Article 7. the City may, at its option, extend this
Agreement for additional two year terms upon written notice to Manager.
ARTICLE 5
PAYMENTS
5.1 APPLICATIONS FOR PAYMENT
5.1.1 Monthly Payment Applications. Manager shall submit a monthly application
for payment (an "Application for Payment") to the City on or before the fifteenth
day of the month, setting forth in detail:
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a) Compensation for services earned pursuant to Section 4.1 in conformance
with the Labor Rates set forth in Exhibit B attached hereto, and
b) Authorized Reimbursable Expenses incurred and paid during the previous
month.
For each item for which compensation is sought for a City Project, the
Application for Payment shall identify whether the compensation
requested is for reimbursement, pre-construction phase services,
construction phase services or Additional Services, in accordance with the
payment descriptions in the Labor Rates. Each Application for Payment
shall be accompanied by a certificate from the Manager to the effect that
the items for which compensation is requested have not been previously
paid for or denied compensation by City.
5.2 PAYMENT BY CITY
Payments of undisputed sums due shall be made by the City monthly within thirty (30)
calendar days after receipt by the City of a proper and timely Application for Payment.
5.3 PAYMENT DISPUTES
In the event of any good faith dispute as to whether a particular payment or a portion of a
particular payment is owed or not owed by the City to Manager under this Agreement,
the City shall have the discretion to either:
a) Make all or part of such disputed payment to Manager without prejudice to City's
right to contest the amount so paid; or
b) Withhold a portion of such disputed payment.
Manager hereby authorizes the City to deduct from any amount payable to Manager any
amounts the payment of which may be in dispute hereunder. In the event that any claim is
made by a third party, the amount or validity of which is disputed by Manager, or any
indebtedness shall exist which shall appear to be the basis for a claim of lien, the City
may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. City's choice to withhold or not
to withhold funds in the manner provided herein shall not affect the obligations of the
Manager to insure, indemnify, and protect the City as elsewhere provided herein.
Should the City withhold or deduct a portion of any payment invoiced by Manager, the
City shall so notify Manager in writing of the reasons therefore, with sufficient detail to
permit Manager to remedy any such reasons for such a withholding or deduction. Within
ten (10) calendar days of receipt of such notice from City, Manager shall submit to the
City an explanation or justification of the amounts in dispute. The City shall, within ten
(10) days of receipt of Manager's explanation or justification, either pay the disputed
amounts or provide Manager a written explanation of its continuing objection. If the City
continues to object, the amount in dispute shall be treated by Manager as a claim and
resolved in accordance with Article 9.
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If the City elects to pay a disputed amount and it is subsequently determined that the City
overpaid Manager, Manager shall refund to the City the amount of such payment plus
accrued interest computed at the legal rate from the date of such overpayment until
refunded.
ARTICLE 6
MANAGER'S RECORDS AND FILES
6.1 RECORDS
6.1.1 Maintenance of Project Books and Records. Manager shall maintain complete
and accurate books and records with respect to a City's Project, costs and
expenses. Manager shall maintain such records in sufficient detail to permit City,
City's independent auditors, or their designee to thoroughly evaluate and verify
the nature, scope, value and charges for a City's Project. All such books and
records shall be clearly identified and reasonably accessible to the City.
6.1.2 Audit of Records. City, City's independent auditors, or their designee, upon
reasonable notice shall have the right to examine and to audit books, records,
documents, and other evidence sufficient to reflect properly all costs and expenses
of a City's Project. Such right to audit shall include inspection at all reasonable
times at Manager's offices or facilities. As an Additional Service, Manager shall
furnish facilities and cooperate fully with the audit. Upon request, Manager shall
provide reproducible copies of books, records and other documents that are
applicable to this Agreement for reproduction by the City or its designee at the
City's cost plus overhead.
6.1.3 Privileged Communications. Manager acknowledges that any communication
between Manager and City's attorneys, or work which is received from or
performed at the request of City's attorneys, constitute confidential
communications and/or attorney work product, protected by the attorney-client
and attorney work product privileges, and shall be maintained in confidence and
not disclosed by Manager except as authorized in writing by City's counsel, or its
authorized designee or absent a order of a court of competent jurisdiction.
6.1.4 Ownership of Documents. All drawings, plans, specifications, studies, reports,
memoranda, computation sheets or other documents prepared in connection with the
Project shall be and remain the property of City. Any such documents in possession of
Manager at the conclusion of the Services or earlier termination of this Agreement shall
be returned to the City unless otherwise waived by the City Representative. Manager
may not use any documents prepared by other parties in connection with any other
project without the prior written consent of City, which consent, if granted, shall be
understood to be limited to the extent of City's ability to so consent.
6.1.5 Manager's Consent. It is expressly agreed that no party shall be allowed to
reuse or modify the specifications or other documents prepared by Manager or its
consultants without first obtaining City's prior written authorization. Said
authorization will not be unreasonably withheld.
6.1.6 City's Proprietary Information. Manager understands and agrees that, in the
performance of the Services under this Agreement. Manager may have access to
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private or confidential information that may contain proprietary details, the
disclosure of which to third parties may be damaging to City. Manager agrees
that all information disclosed by the City to Manager and identified in writing by
the City as proprietary shall be held in confidence and used only as reasonably
necessary in the performance of this Agreement. Manager shall exercise the same
standard of care to protect such information as is used to protect its own
proprietary data.
ARTICLE 7
EARLY TERMINATION OF AGREEMENT
7.1 TERMINATION BY CITY
7.1.1 For Cause. If Manager fails commits a material breach of its obligations under
this Agreement, the City may terminate all or part of the Agreement for cause.
However, prior to any such termination, the City shall give Manager timely
written notice of said material breach. This termination shall be effective if
Manager does not cure its failure to perform within thirty (30) calendar days or, if
the failure to perform cannot be cured within thirty day, period, if Manager does
not commence to cure within thirty Days, after receipt of a written notice of
intention to terminate from the City specifying the failure in performance.
7.1.2 For Convenience. The City may terminate or suspend performance of this
Agreement for convenience and without cause at any time upon thirty (30)
calendar days written notice to Manager, in which case the City will pay Manager
for all Services and authorized Additional Services performed, and all authorized
Reimbursable Expenses incurred and paid, under and in accordance with this
Agreement up to and including the date of termination, as well as reasonable costs
of termination and demobilization.
7.2 TERMINATION BY MANAGER
7.2.1 For Cause. Manager may terminate this Agreement under any of the following
conditions:
a) If the City fails to make any undisputed payment to Manager when due in
accordance with this Agreement and such failure remains uncured for
thirty (30) calendar days after written notice to the City of such default
and of Manager's intent to terminate;
b) If the City fails to enforce its obligation to require City staff to cooperate
with and support the Manager in the performance of its obligations under
this Agreement; or
c) If the Project is abandoned by the City for more than one hundred twenty
consecutive (120) calendar days, upon thirty (30) calendar days' notice to
City, provided the City does not reactivate the Project within such thirty
day period. If the Project is reactivated and this Agreement is still in full
force and effect, the City shall equitably adjust Manager's compensation
to provide for reasonable expenses incurred by Manager which are directly
attributable to the interruption and resumption of service.
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7.2.2 Payment for Services. In the event of a termination of this Agreement by
Manager in accordance with Section 7.2, the City shall pay Manager an amount
for its Services, Additional Services and Reimbursable Expenses calculated in
accordance with Section 7.1.2.
7.3 FORCE MAJE11RE
Any prevention, delay or stoppage due to Force Majeure Circumstances including but not limited
to war, act of terrorism, severe weather, strikes, floods, earthquakes or other natural events that
substantially affect a City Project, shall excuse the performance by either party for a period equal
to any such prevention, delay or stoppage, except the obligations imposed pursuant to this
Agreement with regard to payment by the City (unless expressly excused). If the Force Majeure
Circumstances persist for more than one hundred consecutive Days, the City may. at its option,
terminate the Agreement upon written notice to Manager.
ARTICLE 8
INDEMNIFICATION, INSURANCE, AND REPRESENTATIONS AND WARRANTIES
OF MANAGER
8.1 INDEMNIFICATION
8.1.1 Manager Indemnification. To the fullest extent permitted by law, Manager
agrees to indemnify, defend and hold harmless, the City, the City Council, and
each of their members, officers, employees, agents, insurers and volunteers ("City
Indemnitee(s)"), through legal counsel selected by the City, from any and all
losses, to the extent arising out of or relating to any of the following:
a) Negligent performance or nonperformance of this Agreement by Manager
or its subconsultants;
b) Negligent activities of Manager or its subconsultants on the Site or on
other City properties;
C) The payment or nonpayment by Manager of anyone with whom Manager
has entered into a contract to furnish Work for a Campus Project; or
d) Any personal injury or property damage arising from negligent or
intentional acts or omissions by Manager or its subconsultants.
Nothing contained herein shall be construed as obligating Manager to indemnify
any City Indemnitee from or against claims, losses or liabilities resulting from the
Indemnitee's sole or active negligence or willful misconduct.
8.1.2 City Indemnification. To the fullest extent permitted by law, the City agrees to
indemnify, defend and hold harmless, Manager, its officers, employees, agents,
insurers and volunteers ("Manager Indemnitee(s)"), through legal counsel
selected by Manager, from any and all losses, to the extent arising out of or
relating to any of the following:
a) The City's gross negligence or willful nonperformance of this Agreement;
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b) Any personal injury or property damage to third persons arising from
grossly negligent or intentional acts or omissions by City.
Nothing contained herein shall be construed as obligating the City to indemnify
Manager Indemnitee from or against claims, losses or liabilities resulting from the
Manager's negligence or willful misconduct.
8.2 INSURANCE
8.2.1 Basic Insurance Requirements. Prior to commencing its services hereunder,
Manager and each of its subconsultants shall procure and maintain insurance at
Manager's own cost and expense for the duration of the Basic Term against
claims, losses or liabilities for injuries to persons or damages to property which
may arise from or in connection with the performance of its services or services of
its agents, representatives, employees, or subconsultants.
8.2.1.1 Without affecting the indemnity provided in Section 8. 1. Manager shall
secure before commencement of the Work and maintain throughout the
Basic Term the types and amounts of insurance specified in Section 8.2.
Other provisions of this Agreement may require Manager to maintain a
policy or type of insurance coverage beyond the end of the Basic Term.
8.2.1.2 Each insurance policy required by Section 8.2 shall be endorsed to state
that coverage shall not be canceled or amended except after thirty (30)
calendar days prior written notice by certified mail, return receipt
requested, has been given to the City in accordance with the notice
provisions of this Agreement. In the event of cancellation of any policy.
Manager shall, prior to the cancellation date. submit a replacement
policy or policies to the City in accordance with this Section.
8.2.1.3 All policies required hereunder, shall be primary insurance, shall name
the City as additional insured; shall be satisfactory to the City and shall
be issued by an insurance firm with an A.M. Best financial rating of no
less than A in the secure category of A.M. Best's rating scale, with firm
shall be qualified to do business in the State of California and shall
maintain an agent for process within the State of California. Manager
shall ensure that each Contractor complies at minimum with these
insurance requirements.
8.2.2 Minimum Limits of Insurance. Manager and each of its subconsultants shall
obtain insurance of the types and in the amounts described below:
8.2.2.1 Commercial General Liability Insurance (CGL) with a limit of not less
than one million dollars ($1,000,000) per occurrence/one million dollars
($1,000,000) in the annual aggregate.
8.2.2.2 Business Automobile Liability Insurance with a limit of not less than one
million dollars ($1,000,000) per accident.
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8.2.2.3 Professional Liability (Errors and Omissions) Insurance with a limit not
less than one million dollars ($1,000,000) per occurrence/one million
dollars ($1,000,000) in the annual aggregate.
8.2.2.4 Workers' Compensation Insurance as required by the State of California.
8.2.2.5 Employer's Liability Insurance in the amount of one million dollars
($1,000.000) per accident for bodily injury or disease.
8.2.3 Minimum Scope of Insurance.
8.2.3.1 CGL insurance shall be written and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract), and explosion, collapse and underground hazards.
8.2.3.2 Business Automobile Insurance shall cover liability arising out of any
automobiles (including owned, hired and non-owned automobiles).
8.2.4 Deductibles and Self-Insured Retentions. Any self-insured retentions in excess
of fifty thousand dollars must be declared to and approved by City. At the option
of City, the insurer shall reduce or eliminate such self-insured retentions as
respect to City, its officers, officials, employees or volunteers; and, in such case,
Manager shall provide a financial guarantee satisfactory to the City guaranteeing
payment of Losses and related investigation. claim administration and defense
expenses.
8.2.5 Other Insurance Provisions. The Commercial General Liability and Business
Automobile Liability policies required by this Agreement are to contain, or be
endorsed to contain, the following provisions:
8.2.5.1 City, its officers, officials, employees, and volunteers are to be covered as
additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the insured, and with
respect to liability arising out of services or operations performed by or on
behalf of Manager including materials, parts or equipment furnished in
connection with such Work or operations, under the CGL policy. the City
and other additional insured's mentioned in the Paragraph shall not, by
reason of their inclusion as additional insured, become liable for any
payment of premiums to carriers for such coverage.
8.2.5.2 For any claims related to this Agreement or any Project, insurance
coverage shall be primary with respect to the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by
City, its officers, officials, employees or volunteers shall be in excess of
insurance required by this Agreement and shall not contribute with it.
8.2.5.3 Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
City ot'Rosemcad, CA 20
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indemnify the additional insured would be invalid under Subdivision (b)
of Section 2782 of the Civil Code.
8.2.6 Waiver of Subrogation. For Commercial General Liability, Workers'
Compensation, and Employer's Liability insurance, the insurer shall agree, in
writing, to waive all rights of subrogation against the City, its officers, officials,
employees, and volunteers for Losses arising from activities and operations of
insured in the performance of services under this Agreement.
8.2.7 Verification of Insurance. Manager shall furnish the City with original
certificates and amendatory endorsements effecting coverage required by Section
8.2. The certificates and endorsements for each policy are to be signed by a
person authorized by the insurer to bind coverage on its behalf. The certificates
and endorsements shall be on the City's forms. All certificates and endorsements
are to be received and approved by the City before Work commences. The City
reserves the right to review complete original or certified copies of all required
insurance policies at any time, including endorsements affecting the coverage
required by these specifications.
8.2.8 Subconsultants. Manager shall include all subconsultants as insured's under its
policies or shall furnish separate certificates and endorsements for each
Subconsultant. All coverage's for Subconsultants shall be subject to all of the
requirements stated in Section 8.2.
8.3 REPRESENTATIONS AND WARRANTIES OF MANAGER
8.3.1 Representative of Manager. The following principals of Manager are hereby
designated as being the principals and representatives of Manager in connection
with this Agreement, authorized to act in its behalf with respect to the Services
and the Project and authorized to make all decisions in connection therewith:
Name
Responsibility/Title
Luis D. Rojas Principal- President/CEO
Delbert Benson Program Executive- Dir.of Construction
Services
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for the City
to enter into this Agreement. Manager represents, warrants, and covenants that all
the representations set forth in the RFQ are and will continue to be true
throughout the term of this Agreement. Therefore, the foregoing principals shall
be responsible during the term of this Agreement for directing all activities of
Manager and devoting sufficient time to personally supervise the Services
hereunder. Should above-named individual(s) be replaced by Manager with
another party for whatever reason, i.e. death, reassignment, job termination.
Manager will immediately notify the City of this change and provide the
qualifications of the proposed replacement, whose involvement in the provision of
the Services shall be subject to the approval of the Board.
Cite of Rosemead. CA 7 ]
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8.3.2 First Class Provider. Manager will perform all services under this Agreement
consistent with the standard of care in the project and construction management
industry for the performance of similar services on projects of comparable size
and complexity in California, and consistent also with the standards set forth in
the Manager Proposal.
ARTICLE 9
DISPUTE RESOLUTION
9.1 RESOLUTION OF CLAIMS
Claims shall be resolved by the parties in accordance with the provisions of this Article,
in lieu of any and all rights under the law that either party has its rights adjudged by a
trial court or jury. All claims shall be subject to the Claims Resolution Process set forth
in this Article, which shall be the exclusive recourse of Manager and the City for
determination and resolution of claims.
9.2 RESOLUTION OF OTHER DISPUTES
Disputes between the City and Manager that do not constitute claims relating to
Manager's services shall be resolved by way of an action filed in the Superior Court of
the State of California, County of Los Angeles, and shall not be subject to the Claims
Dispute Resolution Process.
9.3 SUBMISSION OF CLAIM
9.3.1 By Manager. Manager's right to commence the Claims Dispute Resolution
Process shall arise upon City's written response denying all or part of a Claim.
Manager shall submit a written statement of dispute (a "Statement of Dispute") to
the City within fourteen (14) Days after the City rejects all or a portion of
Manager's Claim. Failure by Manager to timely submit its Statement of Dispute
shall result in the decision by the City on the Claim becoming final and binding.
Manager's Statement of Dispute and shall state with specificity the events or
circumstances giving rise to the claim, the dates of their occurrence and the
asserted effect, if any, on the compensation due or time of performance
obligations of Manager under this Agreement. Such Statement of Dispute shall
include adequate supporting data to substantiate the disputed claim. Adequate
supporting data for a claim relating to an adjustment of the Manager's obligations
relative to time of performance shall include a detailed, event-by-event
description of the impact of each delay on Manager's time for performance.
Adequate supporting data to a Statement of Dispute submitted by Manager
involving Manager's compensation shall include a detailed cost breakdown and
supporting cost data in such form and including such detailed information and
other supporting data or documents as required to demonstrate the grounds for,
and precise amount of, the claim.
9.3.2 By City. City's right to commence the Claims Dispute Resolution Process shall
arise at any time following City's actual discovery of the circumstances giving
rise to the claim. Nothing contained herein shall preclude the City from asserting
Claims in response to a Claim asserted by Manager. A Statement of Claim
submitted by the City shall state the events or circumstances giving rise to the
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10674 53.1 4852-6865-1850.5
claim. the dates of their occurrence and the damages or other relief claimed by the
City as a result of such events and all supporting data or document as required to
demonstrate the grounds for. and precise amount of the claim.
9.4 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the sequence in which they appear
below (the "Claims Dispute Resolution Process"). Each party shall participate fully and
in good faith in each step in the Claims Dispute Resolution Process, which good faith
effort shall be a condition precedent to the right of each party to proceed to the next step
in the Claims Dispute Resolution Process.
9.4.1 Direct Negotiations. Designated representatives of the City and Manager shall
meet as soon as possible (but not later than ten (10) days after receipt of the
Statement of Dispute) in a good faith effort to resolve the claim. Each party shall
be represented in such negotiations by an authorized representative with full
knowledge of the details of the claim or defenses being asserted by such party,
and with full authority to resolve the claim. subject only to City's right and
obligation to obtain the City Council approval of any agreed settlement or
resolution. If the claim involves a claim by a subconsultant against Manager that
is in turn being asserted by Manager against City, then such subconsultant shall
also have a representative attend such negotiations, with the same authority and
knowledge as just described. Upon completion of the meeting, if the claim is not
resolved, the parties may either continue the negotiations or either party may
declare negotiations ended. All discussions that occur during such negotiations
and all documents prepared solely for the purpose of such negotiations shall be
confidential and privileged pursuant to California Evidence Code Sections 1119
and 1152.
9.4.2 Mediation. If the Claim remains unresolved after direct negotiations pursuant to
Section 9.4.1, the parties shall submit the claim to non-binding mediation before a
mutually acceptable third party mediator.
9.4.2.1 Qualifications of Mediator. The parties shall endeavor to select a
mediator who is a retired judge or an attorney with at least five years of
experience in public works construction contract law and in mediating
public works construction disputes.
9.4.2.2 Submission to Mediation and Selection of Mediator. The party
initiating mediation of a claim shall provide written notice to the other
party of its decision to mediate. In the event the parties are unable to agree
upon a mediator within fifteen (15) days after the receipt of such written
notice, then the parties shall submit the matter to the Los Angeles County
Superior Court for selection of a mediator in accordance with this
Agreement and Applicable Law.
9.4.3.3 Mediation Process. The mediation shall be conducted at the offices of
the City. The costs of mediation shall be shared equally by both parties.
The mediator shall provide an independent assessment on the merits of the
dispute and recommendations for resolution. All discussions that occur
Cil~ of RoscmeaJ, CA 23
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during the mediation and all documents prepared solely for the purpose of
the mediation shall be confidential and privileged pursuant to California
Evidence Code Sections 1119 and 1 152.
9.5 NON-WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver,
release or compromise of any defense of either party. including but not limited to any
defense based on the assertion that the rights of Manager that are the basis of a claim
were previously waived by Manager due to failure to comply with the Agreement.
including, without limitation, Manager's failure to comply with any time periods for
providing notice of requests for adjustments of the staffing plan or deliverables schedule
or for submission of claims or supporting documentation of claims.
ARTICLE 10
MISCELLANEOUS
10.1 NOTICES
All notices, demands, or requests to be given under this Agreement shall be given in
writing and conclusively shall be deemed received when received in any of the following
ways:
a) On the date delivered if delivered personally;
b) on the third business day after the deposit thereof in the United States mail by
certified or registered mail, postage prepaid, and addressed as hereinafter
provided; and
c) On the date sent and confirmed if sent by facsimile transmission; and
d) On the following business day if sent overnight by a nationally recognized courier.
10.1.1 Notice Recipients. All notices, demands or requests shall include the Project
name and the number of this Agreement and be addressed to the parties as
follows:
To City at:
City of Rosemead, CA
Attn: City Manager
8838 East Valley Blvd.
Rosemead, CA 91770
With an additional copy to:
Garcia Calderon Ruiz, LLP
500 South Grand Avenue, Suite 1100
Los Angeles. California 90071
Attn: Bonny Garcia. Esq.
Citv of Rosemead. CA 24
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To Manager at:
Del Terra Group
Luis D. Rojas, President/CEO
13181 Crossroads Parkway North, Suite 200
City of Industry. CA 91746
With an additional copy to:
G. Christian Roux, Esq.
Weston, Benshoof, Rouchefort. Rubalcava, MacCuish LLP
333 South Hope Street, 16th Floor
Los Angeles, California 90071
10.2 HAZARDOUS SUBSTANCES
If Manager becomes aware that a hazardous substance as defined by California or Federal
law is on site related to the Project, the Manager shall immediately direct the responsible
contractor to take the appropriate action to mitigate the unsafe condition. Further, the
Manager will document such actions in accordance with the Project safety requirements.
10.3 CONFLICTS OF INTEREST
Manager shall not accept any employment or representation during the Basic Term of this
Agreement which will or may likely make Manager "financially interested" (as provided
in California Government Code Sections 1090 and 87100) in any decision made by the
City on any matter in connection with which Manager has been retained pursuant to this
Agreement.
10.4 PERMITS AND LICENSES
Manager shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the Services required by this Agreement
or any Project on which Manager is the construction manager. Manager shall have the
sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and
interest, which may be imposed by law and arise from or are necessary for the Manager's
performance of the Services required by this Agreement or any Project on which
Manager is also the construction manager, and shall indemnify, defend and hold harmless
the City against any such fees, assessments, taxes penalties or interest levied, assessed or
imposed against the City hereunder.
In addition, Manager shall be responsible for informing and advising the City as to each
and every permit the City is required to obtain in connection with a Project, if any. As
part of its responsibilities under this Agreement, Manager shall also assist the City with
the application process for any such permits and will work with the City until any such
permit is secured.
10.5 WAIVER
Provisions of this Agreement may be waived by the City or Manager only in writing
signed by the City Manager or Manager's President stating expressly that it is intended as
Citti of Rosemead. CA 25
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a waiver of specified provisions of the Agreement. A waiver by either party to this
Agreement of any breach of any term, covenant, or condition contained herein shall not
be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or a different character.
10.6 THIRD PARTIES
10.6.1 Nothing contained in this Agreement is intended to make any person or entity
who is not a signatory to this Agreement a third party beneficiary of any right
created by this Agreement or by operation of law.
10.6.2 If the City receives any claim relating to this Agreement or services performed
under this Agreement by any person other than Manager, the City shall notify
Manager of such claim within ten (10) days. Manger shall reimburse the City for
the reasonable costs incurred by the City to provide such notice.
10.7 EXTENT OF AGREEMENT
This Agreement represents the entire Agreement between the City and Manager for
furnishing of the City program and construction management services and supersedes all
prior negotiations, representations or agreements, either written or oral, except as
otherwise expressly provided. This Agreement may be amended only by written
instrument signed by authorized representatives of both the City and Manager, which has
been formally approved or ratified by the City Council.
10.8 SEVERABILITY
In case any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of all remaining provisions shall not be affected.
10.9 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the City and the Manager and their respective
successors and assigns. Neither the performance of this Agreement nor any part thereof,
nor any monies due or to become due hereunder. nor any claim hereunder, may be
assigned by Manager without the prior written consent and approval of City. which may
be granted or withheld in City's sole discretion.
10.10 CONFIDENTIALITY
Manager shall treat all information and data furnished to it by the City or any other
Project Team member or otherwise obtained or prepared by Manager concerning the
City, as strictly confidential and shall not disclose any of the same to any other person or
entity unless required to do so in connection with Manager's performance of this
Agreement or any governmental filings or applications. Manager's obligations of
confidentiality shall not apply to:
a) Information which was in or subsequently enters the public domain through no
fault of Manager.
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b) Information that was in the possession of Manager prior to disclosure by the City;
or
c) Information that is disclosed to Manager by a third party under no obligation of
confidentiality to the City.
Manager shall not engage in or permit any public references or statements to a City
Project, the City or Manager's services hereunder, including referring to the same in
advertising or promotional brochures or materials or granting interviews to broadcast,
print or other media, without the prior written consent of City, which may be granted or
withheld at the City's sole and unreviewable discretion. Manager shall instruct all of its
employees of this obligation to ensure full compliance with this Section. The provisions
of this Section shall survive termination of this Agreement, in perpetuity.
10.11 ENDORSEMENT
Nothing in this Agreement shall be construed as conferring on any party the right to use
the other party's name as an endorsement of any product or service to advertise, promote,
or otherwise market any product or service without the prior written consent of the other
party. Nothing in this Agreement shall be construed as an endorsement of any
commercial product or service by City, its officers, or employees.
10.12 NUISANCE
Manager shall not maintain, commit or permit the maintenance or commission of any
nuisance in connection with the performance of services under this Agreement.
10.13 INDEPENDENT CONTRACTOR
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Manager, its agents or employees, perform the Services, except
as otherwise set forth herein. The City shall have no voice in the selection, discharge,
supervision or control of Manager's employees, servants, representatives or agents, or in
fixing their number, compensation or hours of service; except for the very limited right to
approve any replacement offered by Manager for any of the representatives identified
above in connection with this Agreement.
Manager shall perform all services required herein as an independent contractor of the
City and shall remain at all times as to the City a wholly independent contractor with only
such obligations as are consistent with that role. Manager shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of
City. The City shall not in any way or for any purpose become or be deemed to be a
partner of Manager in its business or otherwise or a joint venturer or a member of any
joint enterprise with Manager.
10.14 COMPLIANCE WITH APPLICABLE LAWS
Manager shall, at all times in its performance of its obligations under this Agreement,
comply with all Applicable Laws.
City of Rosemead, CA 27
1067453.1 4852-68654850.5
10.15 TIME OF ESSENCE
•
All time limits set forth in this Agreement pertaining to Manager's performance of any
obligation to the City or for the benefit of a City Project are of the essence to this
Agreement.
10.16 ASSIGNMENT OF CLAIMS
In entering into this Agreement, Manager hereby assigns to the City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code). arising from
purchases of goods, services. or materials pursuant to this Agreement
10.17 GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California. For all
purposes, the parties shall be considered to have performed their respective obligations
under this Agreement in the County of Los Angeles.
10.18 PLURAL, SINGULAR
Definitions of terms that are phrased in the singular shall be deemed to include the plural,
and vice versa, where appropriate to the circumstances.
10.19 PROHIBITION AGAINST ASSIGNMENT
Manager understands and agrees that its experience, knowledge, capability and reputation
of Manager, its principals and employees were a substantial inducement for the City to
award the Services to Manager and enter into this Agreement. Therefore, Manager
covenants not to contract with any other entity to perform in whole or in part the Services
required of Manager hereunder without the express written approval of City. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit
of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of
more than twenty five percent (25%) of the present ownership and/or control of Manager,
taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.
No approved transfer shall release the Manager or any surety of Manager of any liability
hereunder without the express consent of City.
10.20 COVENANT AS TO FINANCIAL INTEREST
Manager warrants that it has not paid or given and will not pay or give any third party
any money or other consideration for obtaining this Agreement. Furthermore, the
Manager warrants that it shall not recommend any person, firm or entity in connection
with any Work or Service related to the Project whom the Manager shall know or have
reason to know has a financial interest in Manager or in whom Manager has a financial
interest without disclosing such fact to City.
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10.21 ANTI-KICKBACK PROVISION
Manager covenants to adopt, in connection with the Services and the Project, practices
and procedures that specifically prohibit practices which might result in unlawful activity,
including rebates, kickbacks or other unlawful consideration.
10.22 COVENANT AGAINST DISCRIMINATION
Manager covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed, religion,
sex, marital status, national origin, or ancestry in the performance of this Agreement.
Manager shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin, or ancestry.
10.23 RIGHTS AND REMEDIES ARE CUMULATIVE
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other party.
10.24 NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES/CONFLICT OF
INTEREST
No officer or employee of the City shall be personally liable to Manager, or any
successor in interest, in the event of any default or breach by the City or for any amount
which may become due to Manager or to its successor, or for breach of any obligation of
the terms of this Agreement. No officer or employee of the City or member of the Board
shall have any financial interest, direct or indirect. in this Agreement nor shall any such
officer, employee or member of the Board participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly. interested, in violation of
any State statute or regulation.
10.25 COVENANT OF GOOD FAITH
Both parties agree to act in good faith to execute all instruments, prepare all documents
and take all actions as may be reasonably necessary to carry out the purposes of this
Agreement.
10.26 CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is
bound.
City of Rosemead. CA 29
10674 53.1 4852-686548.0.5
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement,
on the day and year first above written.
CITY OF ROSEMEAD
By:
Tile:
APPROVED AS TO FORM:
ATTEST:
DEL TERRA GROUP
By:
Title:
City of Rosemead. CA 30
1067453.1 4852-68614850-5
0 EXHIBIT A 0
SCOPE OF SERVICES
PROGRAM MANAGEMENT SERVICES
Design Management
3 Prepare Project Cost Estimates
Development of Project Controls and
Systems
Manage Program and Project Level
Accounting and Reconciliation Activities
Create Program & Project Level
Schedules
Develop Program and Project Level
Budgets
Pre-Construction & Planning
■ Development of Division 0 & 1
(Boiler Plate)
■ Project Needs Assessment/Site
Evaluation
■ AIE Coordination
■ Design Management (limited to
New projects, not Existing
projects)
■ DSA Coordination
■ Constructability Reviews &
Value Engineering (limited to
New projects, not Existing
projects)
■ Schedule Development and
Management
■ Budget Development,
Management and Cost Control
i Bid and Award Services
■ Front-End Document
Development
■ Bidding Strategies & Bid
Package Development
■ Project Controls, Communication
& Document Management
• Pre-Bid Conferences
■ Proposal Analysis
■ Contract award services
■ Contract Administration
■ Construction Observation
■ Jobsite Meetings
■ IOR Coordination
■ Schedule Management
■ Coordination of Inspection
Services
■ Safety & QC oversight
■ Perform pre-punch inspections &
corrections
■ Change Order Management
■ Contractor Payment Oversight
Post-Construction Services
• Close-Out Documentation
■ Coordinate owner move-in
schedule
■ As-Built Drawings
■ Warranties, M&O Documents
&Training
■ Building Commissioning
■ Project Close-Out
PROFESSIONAL & CONSULTING SERVICES
■ Provide as required Professional
management and Planning
services
■ Management Consulting
Services as requested
■ Assessment Studies and
Analysis
■ Performance and Compliance
Reviews
■ Accounting and Administrative
Support Services
■ Staff Augmentation Services
SECURITY and TECHNOLOGY CONSULTING
■ Design, Installation,
Management and Training of
Security Systems &Technologies
■ Site Security Assessments
■ Access control and
implementation
■ Alarm central station design,
City of Roscmcad, CA 31
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0 EXHIBIT A 0
SCOPE OF SERVICES
construction and implementation
■ Closed Circuit Television
(CCTV) systems with local and
off-site viewing capabilities
■ Inter-operability and emergency
communications infrastructure,
construction and implementation
with scalable (future) expansion
capabilities
■ Local agency communications
center design, construction and
implementation
Emergency management
consulting including NIMS and
ICS
■ Information display and
presentations systems software
■ Emergency notifications and
intrusion detection systems
■ Emergency power systems
Cit% of Rosemead, CA 32
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•
EXHIBIT B
0
HOURLY RATE SCHEDULE
POSITION/CLASSIFICATIONS RATE
Principal
$160.00
Project Executive
$165.00
Director
$ 160.00
Program Manager
$155.00
Senior Project Manager
$152.00
Project Manager
$140.00
Construction Manager
$125.00
Design Manager
$ 125.00
Estimator
$120.00
Scheduler
$110.00
Field Superintendent
$ 100.00
Assistant Project Manager
$ 06.00
Assistant Construction Manager
$ 02.00
Field Engineer
$ $0.00
Accounting Support
$ 75.00
Project Coordinator
$ 70.00
Document Control
S 60.00
Administrative Assistant
$ 55.00
I w„a„ I
6
A'rFA c4miE-k i % ~
• •
PROJECT AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
THIS PROJECT AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT (this
"Agreement") is made effective on this 11th day of December, 2007 (the "Effective Date") in the
County of Los Angeles, State of California by and between the CITY OF ROSEMEAD, CA ("City")
and DEL TERRA GROUP ("Del Terra" or Construction Manager").
RECITALS:
Whereas, the City is a municipal corporation duly organized and validly existing under the
laws of the State of California;
Whereas, the Construction Manager is a professional construction manager, qualified and
capable of providing the services and work product contemplated herein, in accordance with the
terms hereof. The Construction Manager represents it has the background, knowledge,
experience and expertise necessary to provide the services set forth in this Agreement and that
the statements, qualifications and representations made by Del Terra in its Response to RFQ
dated August 9, 2007 are accurate and in full force and effect;
Whereas, the City and Construction Manager desire to enter into an agreement for the
Construction Manager to provide the City with professional services consisting of project and
construction management services along with related work product in connection with the
Reconstruction of the Garvey Avenue Bridge over Rio Hondo Channel Project ("Project");
Whereas, the start of construction-related activities on the Project occurred prior to the
date of this Agreement and during that time the project manager/construction manager for the
Project was Willdan ("Willdan"). The City, pursuant to this Agreement, is retaining the services of
Del Terra to replace Willdan as the project manager/construction manager for the Project; and
Whereas, concurrently herewith, the City and Del Terra have entered into a Master
Agreement for Program Management and Construction Management Services, dated of even date
herewith ("Program Management Agreement"), whereby Del Terra is given responsibility for
providing a variety of professional services to the City that are necessary to plan and manage the
City's existing and future construction projects as well as other Professional Services and
Consulting Services. The terms of said Program Management Agreement shall govern the parties'
rights and obligations hereunder, except to the extent that the terms of this Agreement conflict with
the terms of the Program Management Agreement. In such event, the terms of this Agreement
shall control. All terms not defined herein, shall have the meaning set forth in the Program
Management Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City
and Construction Manager agree as follows:
AGREEMENT
ARTICLE 1 The Project. City does hereby engage Del Terra to perform for the City,
under the terms and conditions in this Agreement and in compliance with the terms and conditions
of that Program Management Agreement, project management and construction management
-1-
4828-7121-6898 v.4
services relating to thOnstruction of the project as describedOExhibit A attached hereto and
known as the Garvey Bridge Project (the "Project"). The City acknowledges that prior to the date
of this Agreement, project manage ment/construction management services for the Project have
been performed by Willdan and the City agrees that Del Terra will not be held liable or responsible
for any services performed by Willdan or for the level of completion of services, quality of work or
the acts or omissions of Willdan and/or the Project construction contractor that were performed
prior to the Effective Date of this Agreement or for the consequences thereof. Del Terra shall
perform all the services set forth in this Agreement and in Exhibit A, as the expectation is that Del
Terra shall transition and continue the Project stated by Willdan (the "Scope of Services" or
"Services"); provided however that the tasks set forth in Exhibit A shall be limited to the tasks set
forth below as more fully described in Exhibit A:
Utility Coordination 6 and 7
Contract Administration ALL
Resident Engineer Services 1,5,7-23, 24***, 25-27, 28***, 29-31
Construction Observation 1-4, 6-9, 10 (NPDES***), 11-16, 17*, 18-
20, 21", 22-34, 35*
Federal Labor Comoliance ALL
*as records are transferred from Willdan
consistent with existing records prepared by Willdan
***To the extent possible as provided by Willdan
By executing this Agreement, Del Terra represents and warrants to The City that Del Terra
(a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has
carefully considered and planned how the Services should be performed, and (c) fully understands
the facilities, difficulties and restrictions attending performance of the Services and construction of
the Project. Del Terra also warrants and represents that it has investigated the site, except to the
extent that surveys or other documentation has not been provided to Del Terra as of the date
hereof, and is or will be fully acquainted with the conditions there existing, prior to commencement
of Services hereunder. Should Del Terra discover any latent or unknown conditions, which will
materially affect the construction of the Project and the performance of the Services as
contemplated hereunder, Del Terra shall immediately inform City of such fact and shall work with
City to find an acceptable solution so that the Project and the Services will be completed in a
timely manner. Del Terra shall suspend all Services that may be rendered redundant or
unnecessary due to the changed conditions and shall, if necessary, prepare a revised Schedule of
Performance (as defined below) and revised cost estimates for City's consideration. In no event
shall Del Terra be entitled to recover damages against The City for any delay in the performance
of this Agreement, however caused. Del Terra's sole remedy shall be the extension of this
Agreement pursuant to this Section or other applicable Section.
Del Terra recognizes and acknowledges that The City does not have the expertise or
personnel to act as a general contractor, with all attendant obligations and responsibilities, and Del
Terra has undertaken to ensure that all such obligations and responsibilities are fulfilled in
connection with the Project either by advising and assisting The City or by performing any
necessary acts itself.
The following principals of Del Terra are hereby designated as being the principals and
representatives of Del Terra in connection with this Agreement, authorized to act in its behalf with
respect to the Services and the Project and authorized to make all decisions in connection
therewith:
4828-7121-6898 v.4
NAME • Responsibility/Title •
Luis D. Rojas Principal-President/CEO
Delbert Benson Program Executive- Dir. Of Construction Services
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for The City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Del Terra and devoting sufficient time to personally supervise the Services
hereunder. Should above-named individual(s) be replaced by Del Terra with another party for
whatever reason, i.e. death, reassignment, job termination, Del Terra will immediately notify The
City of this change and provide the qualifications of the proposed replacement, whose involvement
in the provision of the Services shall be subject to the approval of The City.
ARTICLE 2 Basic Services. Del Terra shall provide the following services: 1) assume
all construction management duties relating to the Project, 2) implement a transition plan of the
construction management duties from Wilidan to Del Terra, 3) report to the City on monthly basis
the status of construction, 4) deliver monthly construction schedule and budget update reports to
City, 5) monitor Project inspections, 6) ensure appropriate materials testing is performed, 7)
ensure Project labor compliance, 8) ensure CalTrans reporting is properly completed, 9) and
perform necessary construction management of the Project through Project close-out, as
specifically described below:
A. Provide Project and Construction Management services including, transition
services required in order to: 1) coordinate the design consultants, 2) facilitate regularly scheduled
meetings through the construction phase regarding the Projects' scope, budget and schedules, 3)
assist City Engineer with applicable Federal and State agency requirements, 4) direct the
construction contractor to prepare and maintain a request for information status log, change order
request log, submittal log, -as-built and record drawings 5) facilitate regularly scheduled
construction progress meetings with the City, design professionals, and construction contractor.
B. Maintain existing Project budget updates and expenditure tracking, including
updating the Project's overall Master Project budget, to the extent that such documentation was
prepared and previously submitted by Willdan.
C. Develop updates of the master schedule for the Project, as appropriate, which shall
be at least on a monthly basis. The master schedule shall specify the proposed starting and
finishing dates for the Project construction contract and the dates by which certain construction
activities must be complete.
D. Prepare and present quarterly reports to the City addressing individual project
budgets and the master program budget.
E. Make recommendations to the City on the impact of the design changes that may
result in revisions to the Program or Project Budget, schedule and established program strategy,
which may include direct communication with the Architect and/or Engineer.
F. Implement and manage a communication system to ensure clear communication
between the City, the Construction Manager, the Architect, Contractor and other parties involved
with the Project.
G. Direct the Contractor to timely update as-built drawings for the Project and to
maintain said updated as-built drawings at the Project site and use its best efforts to ensure that
-3-
4828-7121-6898 v.4
Contractor is making cords available to the City and Arch it*Engineer, and that the
Contractor is delivering such records to the City at Project completion.
ARTICLE 3 Compensation. The City shall pay Del Terra based upon invoices submitted
no more frequently than monthly, as approved by the City, and in conformance with Section 4.2 of
the Program Management Agreement. City agrees to pay Del Terra on an hourly basis based
upon the Rate Schedule attached to the Program Management Agreement, plus any
Reimbursable Expenses not to exceed $1,966,310 less any amounts paid to Willdan
(the"Maximum Project Cost"). The Maximum Project Cost shall not include Reimbursable
Expenses. Payment shall be due and payable in conformance with Section 4.2 of the Program
Management Agreement. Reimbursable Expenses due and owing to Del Terra shall be as defined
in Section 4.2 of the Program Management Agreement.
ARTICLE 4 Records. All records relating to Del Terra's basic services, Del Terra's extra
services, and Reimbursable Expenses, pertaining to the Project shall be kept in an industry
standard format and shall be provided to the City upon reasonable request and on a quarterly
basis and on the terms set forth in the Program Management Agreement.
ARTICLE 5 City Responsibilities. The City is responsible to provide all pertinent
information relating to the Project, including, but not limited to all Project related documentation
generated by Willdan, any and all reports regarding existing conditions, hazardous materials,
specific and unique Project and Site conditions. The City shall undertake best efforts to ensure
that Willdan provides necessary cooperation to Del Terra in connection with the transition of the
project management/construction management from Willdan to Del Terra.
ARTICLE 6 Termination or Suspension. The City reserves and has the right and
privilege of canceling, suspending or abandoning the execution of any work in connection with this
Agreement at any time upon thirty (30) days written notice to Del Terra. Del Terra may terminate
this contract upon thirty (30) days written notice to the City, should the City substantially fail to
perform in accordance with its responsibilities. Failure to pay Del Terra monies due and owing
after thirty (30) days written notice to City under this Agreement shall constitute a substantial
failure of its duties under this Agreement.
ARTICLE 7 Dual Indemnification. Del Terra agrees to mutually defend, indemnify and
hold harmless each other and their authorized agents, officers, volunteers, agents, and employees
from and against any and all claims, liabilities, and/or lawsuits pursuant to Section 8.1 of the
Program Management Agreement.
ARTICLE 8 Insurance. Del Terra and City shall provide the requisite insurance
coverages as required under Section 8.2 of the Program Management Agreement.
ARTICLE 9 Successors and Assigns. This contract shall be binding upon the City and
Del Terra and their respective successors and assigns. Neither the performance of this contract
nor any part thereof, nor any monies due or to become due there under may be assigned by Del
Terra without the prior written consent and approval of the City.
ARTICLE 10 Entirety of Agreement. This agreement constitutes the entire agreement
between the parties and supersedes all prior negotiations, representations or agreements either
written or oral.
ARTICLE 11 Governing Law. This agreement shall be governed by the laws of the State
of California and venue shall be in the appropriate court of the County of Los Angeles.
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4828-7121-6898 v.4
ARTICLE 12 &ority. The persons executing this A Bement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
ARTICLE 13 Incorporation of Recitals. The Recitals are hereby incorporated into this
Agreement
ARTICLE 14 Time of the Essence. All time limits set forth in this Agreement pertaining
to Construction Manager's performance of any obligation to City or for the benefit of the Project
are of the essence to this Agreement.
ARTICLE 15 Ownership of Documents. All drawings, plans, specifications, studies,
reports, memoranda, computation sheets or other documents prepared in connection with the
Project shall be and remain the property of City. Any such documents in possession of Manager
at the conclusion of the Services or earlier termination of this Agreement shall be returned to City
unless otherwise waived by the City Representative. Construction Manager may not use any
documents prepared by other parties in connection with any other project without the prior written
consent of City, which consent, if granted, shall be understood to be limited to the extent of City's
ability to so consent.
[Remainder of Page Left Intentionally Blank]
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4828-7121-6898 v.4
IN WITNESS OF, Aity of Rosemead has caused this con ract to be subscribed by its duly
authorized officers, in its behalf, and the said party of the second part has signed this contract.
City of Rosemead
8838 East Valley Blvd.
Rosemead, CA 91770
Tel: 626-569-2100
Fax: 626-307-9218
Del Terra Group
13181 Crossroads Parkway North
Suite 200
City of Industry, CA 91746
Tel: 626-839-9300
Fax: 626-839-9307
Oliver Chi, City Manager
Date
Luis D Rojas, President and CEO
Date
-6-
4828-7121-6898 v.4
• EXHIBIT A 0
SCOPE OF SERVICES
[SEE ATTACHED]
-7-
4828-7121-6898 v.4
•
•
l
•
WILLDAN
C7
TO: Mr. Luis D. Rojas
President & CEO
Delterra
13181 Crossroads Pkwy. No., Ste 200
City of Industry, CA 91746
DATE:
JOB NO.:
September 12, 2007
13565/0801/06-155
We are forwarding ❑ By Mail
Description
M By Messenger
As requested, enclosed please find one set of plans and specifications for the
Reconstruction of Garvey Avenue Bridge over Rio Hondo Channel in the City of
Rosemead. Also, enclosed is the staff report for approval of the proposal to provide
engineering design and construction management services for the Garvey Avenue Bridge.
Remarks
If you have any questions, please contact me at (562) 908-6262.
This Material is sent for ❑ Checking ❑ Your Files ❑ Approval 21 Information
Very truly yours,
WILLDAN
Adel M. Freij, P.E.
Vice President
Enclosure
13191 CROSSROAD5 PARKWAY NORTH 1 SUITE 405 ! INDUSTRY, CA 91746-3497 ! (562) 908.6200 ! FAX (562) 695-2120
S S M F a.-•
O ,,~yyg'+. 'q
4 ta\ O
7WKA 41- o
.
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNC
FROM: FRANK G. TRIPEPI, CITY
DATE: MAY 20, 2002
RE: APPROVAL OF PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR
THE RECONSTRUCTION OF THE GARVEYAVENUE BRIDGE OVER THE RIO
HONDO CHANNEL
Attached for your consideration is an engineering proposal from Wilidan for engineering design,
design and construction survey, geotechnical engineering, hydrologicthydraulic analysis,
environmental review, utility coordination, contract administration, construction observation, and
federal labor compliance services for replacement of the Garvey Avenue Bridge over the Rio
Hondo Channel.
The Garvey Avenue Bridge over the Rio Hondo Channel was originally constructed in 1936.
The bridge consists of continuous concrete T- beams over nine 67-foot and two 26-foot spans,
for a total bridge length of approximately 655 feet. There are 3-foot sidewalks on both sides of
the bridge. The existing bridge is approximately 52 feet wide with an approach roadway width of
78 feet. The right-of-way width is 100 feet.
The Garvey Avenue Bridge is currently on Caltrans Eligible Bridge List (EBL) and has been
deemed structurally deficient, with a sufficiency rating of 46.6. The Caltrans EBL classifies a
bridge as structurally deficient when its sufficiency rating Is below 80. Bridges with a sufficiency
rating between 50 and 80 are recommended for rehabilitation and retrofitting; bridges with a
sufficiency rating below 50 are recommended for replacement, as is the case with the Garvey
Avenue Bridge.
Conceptual investigation thus far indicates that the most feasible replacement solutions are to
provide cast-in-place prestressed concrete box girders on pier walls or precast prestressed "In
girders supporting a reinforced concrete deck. The proposed bridge will be widened from 52
feet to 100 feet wide to accommodate a striped center median, four travel lanes, and shoulder
and sidewalk on both sides. The new bridge abutments will be constructed to eliminate areas
for transients to set uo camo.
COUNON
MAY 2 s 2002
ITEM No. M--6
staf epor
• •
May 20, 2002
Page 2
It is anticipated that the Garvey Avenue Bridge will be constructed in two stages. One-half of the
bridge will be removed with traffic in both directions being redirected to one side to maintain one
lane in each direction during construction. After half of the bridge is constructed, traffic will be
redirected to the other side in a similar manner. Evaluation of the impact of construction within
the Rio Hondo Channel will be conducted and will include code compliance for such issues as
containment of waste or hazardous materials.
The construction cost for this project is estimated to be $9.0 million. With engineering and other
incidental costs, such as material testing, etc., total overall project costs are estimated to be
$10.9 million. Staff has been successful in securing $6,240,000 In Federal funding for the
replacement of the bridge and it is now programmed in the Highway Bridge Rehabilitation and
Replacement (HBRR) Program. An additional $1,298,000 in Federal and State seismic retrofit
funds have been secured and are now obligated for this project by Caltrans. The remaining
balance of funds required for the project, which will cover the City's matching funds for
construction and the engineering costs will be from the City's Proposition C fund reserves that
have been set aside for the past several years in anticipation of this project. Consequently, no
General Funds will be expended on this project.
Construction of the project Is anticipated to occur in the Summer of 2003, and is estimated take
400 working days to complete.
The proposed fees are as follows:
•
Preliminary and Final Design
$588,500
•
Design Survey
28,500
•
Geotechnical Engineering
44,600
•
Hydrological/Hydraulic
9,500
•
Environmental
28,390
•
Utility Coordination
38,000
•
Construction Survey
49,500
•
Contract Administration
497,900
•
Construction Observation
455,600
•
Federal Labor Compliance
76,000-
Total Proposed Fixed Fee $1,816,490
The total fee, excluding geotechnical engineering, hydrological/hydraulic, environmental, utility
coordination, and federal labor compliance, is in conformance with that portion of the City's
agreement with Willdan which pertains to design engineering services.
It is recommended that the Rosemead City Council approve the attached engineering proposal
and direct staff to begin the preparation of the necessary plans and specifications.
Attachment
• •
N~U WELLDAN
Serving Public Agencies
May 20, 2002
Mr. Frank Tripepi
City Manager
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
13191 Crossroads Parhhva), North, Suite 405
Industry, California 91 74 6-3 4 97
563/9011-6200 fax 562/695-3130
www.wilidan.com
Subject: Proposal for Professional Engineering for the Replacement
of Garvey Avenue Bridge over Rio Hondo Channel
Dear Mr. Tripepi:
As requested, Willdan is pleased to submit this proposal to provide professional
engineering design, design and construction survey, geotechnical engineering,
hydrological/hydraulic evaluation, environmental study, utility coordination, contract
administration, construction observation, and federal labor compliance services for the
replacement of the Garvey Avenue Bridge over the Rio Hondo Channel.
The Garvey Avenue Bridge over the Rio Hondo Channel was originally constructed in
1936. The bridge consists of continuous concrete tee beams over nine 67-foot and two
26-foot spans, for a total bridge length of approximately 655 feet. There are 3-foot
sidewalks on both sides of the bridge. The existing bridge is approximately 52 feet wide
with an approach roadway width of 78 feet. The right-of-way width is 100 feet.
The Garvey Avenue Bridge is currently on Caltrans' Eligible Bridge List (EBL), and has
been deemed structurally deficient with a sufficiency rating of 46.6. This bridge is
programmed through the Highway Bridge Rehabilitation and Replacement (HBRR)
program to be replaced.
Conceptual investigation thus far indicates that the most feasible replacement solutions
are to provide cast-in-place prestressed concrete box girders on pier walls or precast
prestressed "I" girders supporting a reinforced concrete deck. The proposed bridge
width would be 100 feet within the existing right-of-way, and this width will provide
shoulders and sidewalks. It is anticipated that the Garvey Avenue Bridge will be
constructed in two stages. One-half of the bridge will be removed with traffic in both
directions being redirected to one side to maintain one lane in each direction during
construction. After half of the bridge is constructed, traffic will be redirected to the other
side in a similar manner. Evaluation of the impact of construction within the Rio Hondo
Channel will be conducted and will include code compliance for such issues as
containment of waste or hazardous materials.
May 20, 2002
Page 2
SCOPE OF SERVICES
We propose to provide the following basic services for the project:
Preliminary and Final Design
FIELD INVESTIGATION
1. Conduct a thorough field investigation of the existing bridge crossing.
2. Assess the impact to the flood control channel during bridge removal and
replacement.
3. Observe and document conditions, constraints, and impact of the project on the
properties in all four quadrants and bike trail under the bridge.
DATA RESEARCH
1. Collect and review as-built roadway plans.
2. Collect and review as-build bridge plans.
3. Collect and review existing utility in and around the project.
4. Collect and review right-of-way maps to determine impact on existing facilities.
5. Collect and review any other data pertaining to the project provided by Caltrans,
Army Corps of Engineers, LACDPW, and other involved parties to extract any
valuable information to support the engineering.
PRELIMINARY ROADWAY GEOMETRICS
1. Establish geometric control of the roadway including limit of approach roadway,
begin and end stations of the bridge.
STRUCTURAL DESIGN
1. Collect and review data obtained from environmental and hydrologic
recommendations to determine impact to bridge design.
2. Review and incorporate geotechnical evaluation and recommendations.
3. - Provide existing bridge stage construction.
•
May 20, 2002
Page 3
•
4. Provide structural analysis and design based on latest Caltrans Design
Specifications and Caltrans Design Criteria.
5. Coordinate bridge design with roadway design.
APPROACH ROADWAY DESIGN
Prepare approach roadway and bridge plan and profile.
2. Prepare typical roadway and bridge cross section.
3. Prepare construction details.
TRAFFIC CONTROL AND SIGNING AND STRIPING
Perform field review to verify and document existing conditions. The field review
will include locating existing markings, signing and striping.
2. Prepare traffic control plans for the Garvey Avenue Bridge widening at a scale of
V=40'. The plans will be prepared using the City's standard design criteria and
Caltrans 1999 Standard Plans and Specifications.
Prepare signing and striping plans for Garvey Avenue at a scale of V=40'.
CHANNEL DESIGN
Prepare under crossing plan and profile for the
Channel. The west levee will be reconstructed
under the bridge. Current ADA, LACDPW, and
be followed.
ACCESS ROAD AND BIKE PATH
west levee of the Rio Hondo
to place the new down ramp
Corps of Engineers criteria will
Realign access road and bike trail from levee to Garvey Avenue. New entrance
gates and fencing and driveways will be provided.
PLANS AND SPECIFICATIONS
Prepare complete plans including: title sheet, general notes, site plan, roadway
plan and profile, cross sections, existing bridge demolition, new bridge plans,
construction staging plans, and traffic detour plans.
2.- Attend coordination meetings, as necessary, with the City personnel at various
times during the design phase to obtain additional input and review work.
May 20, 2002
Page 4
Prepare specifications and contract documents to conform to applicable
requirements of the City of Rosemead and Caltrans.
4. Prepare final project cost estimates.
Design Survey
Conduct aerial topographic survey of the project site.
2. Conduct ground survey to supplement the aerial.
3. Establish roadway centerline and cross sections, channel centerline and cross
sections, and other cultural features.
4. Provide survey for Rio Hondo Channel 400 feet upstream and 400 feet down
stream of existing bridge.
Geofechnicai Engineering
Task 1 - Research and Review
Research and review of published and unpublished geologic and geotechnical
maps and documents including data available from the U.S. Geological Survey,
the California Division of Mines and Geology, Los Angeles County, and other
public agencies and institutions.
Task 2 - Field Exploration
Permitting with local agencies for permission to dig. Locating the borings in the
field and notifying Underground Service Alert. Coordination of drilling activities
with utilities personnel.
2. Excavation, sampling, and logging of four borings to evaluate subsurface soil
conditions. The borings will be excavated with an all terrain rotary wash drill rig.
Borings will be located near each abutment and roughly centered in the channel
bottom. Abutment borings will extend to a depth of 100 feet below ground
surface or refusal whichever is shallower. The channel borings will extend to a
depth of 80 feet below ground surface or refusal. Relatively undisturbed ring
samples, standard penetration test samples, and bulk samples will be collected
at regular intervals in the boring. An experienced engineer or geologist will log
earth materials In the field in accordance with the Unified Soil Classification
System - Visual/Manual Procedure. The all terrain drill rig is capable of drilling in
water up to about 12 inches deep assuming the current is slow. The rig can drive
through flowing water to the boring locations. Small sandbag diversion dikes will
be constructed upstream of each boring location. This proposal does not include
•
May 20, 2002
Page 5
9
drilling in the channel bottom when there is more than 12 inches of flowing water.
Prior to drilling, we will core through the concrete river bottom. After drilling, the
borings will be backfilled with cement/bentonite slung and a concrete patch will
be placed.
3. Performance of two cone penetrometer soundings for quantitative liquefaction
analyses. Soundings will be excavated near each abutment. Soundings will
extend to a depth of 100 feet or refusal.
Task 3 - Geotechnical Laboratory Testing
Geotechnical laboratory testing will be performed on representative samples of
soil to evaluate the engineering characteristics of this material. Testing may
include any or all of the following:
• In situ moisture and density
• Grain size distribution
• Atterburg limits
• Consolidation tests
Compaction curves
Direct shear tests
Chemical analyses
Task 4 - Geotechnical/Geologic Analyses and Design Recommendations
Preparation of a geologic map showing the locations of the borings and the
surficial distribution of earth materials.
2. A description of the field and laboratory procedures used in the investigation.
3. A discussion of the materials encountered in the borings and measured
engineering properties.
4. Logs- of exploratory borings summarizing the soil conditions encountered and
results of the geotechnical laboratory testing. Preparation of a Caltrans Log of
Test Borings Sheet.
5. Quantitative liquefaction and seismic settlement analyses at abutments.
Recommendations for foundation design at abutments and piers considering
vertical load-supporting capacities and settlement effects due to structural loads.
Detailed pile design analyses will be completed to evaluate stiffness, lateral
capacities, group factors, etc. Analyses of existing foundations, if required.
7. Recommendations for seismic design of the proposed bridge in accordance with
Caltrans design criteria.
•
0
May 20, 2002
Page 6
8. A discussion of the corrosivity and chemical attack potential of onsite soils,
including corrosion and chemical attack mitigation measures, if necessary.
9. Recommendations for general site grading, including subgrade preparation, fill
placement, retaining wall backfill, and site drainage.
10. Recommendations regarding staged construction.
HydrologicaUHydraulic
Collect and review any data pertaining to existing hydrologicthydraulic
requirements provided by Caltrans, Army Corps of Engineers, LACDPW, and
other involved parties.
2. Perform hydraulic analysis to determine requirements for structural configuration
to convey the design flood.
3. Obtain permits from the Corps of Engineers and LACDPW for all channel work.
Environmental
Willdan will prepare an Initial Study (1S) and a Categorical Exclusion (CE) with
supporting studies for the proposed replacement of the Garvey Avenue Bridge. The IS
and CE will discuss and analyze the potential environmental impacts resulting from the
project, as required by CEQA.and NEPA, respectively. A field reconnaissance survey
will be conducted to identify any sensitive environmental resources in the area,
inventory adjacent land uses, and catalog the presence of any sensitive receptors in the
project area. Information gathered in the field will be used to complete the Preliminary
Environmental Study (PES) form which will include narrative explanations to each of the
questions on the form.
Preliminary studies of the project indicate that the appropriate environmental
determination for the project,will be a Negative Declaration (CEQA) and a Categorical
Exclusion (NEPA) with supporting studies. To support these determinations, the
following analyses or "special" studies will be provided.
Willdan will characterize biological and botanical resources in the project area
and vicinity; assess project direct and indirect impacts to these resources; and if
necessary, identify general mitigation measures which may reduce potential
impacts to levels that are less than significant. Willdan will consult with
appropriate agencies, including the CDFG and USFWS; search the Califomia
Natural Diversity Database and California Native Plant Society Database lists;
and conduct a reconnaissance-level field investigation. Locations of significant
biological and botanical resources, including observations of special-status
species or suitable habitat, will be identified on an appropriate base map.
May 20, 2002
Page 7
Willdan will consult with the USFWS and CDFG as appropriate to determine
mitigation measures that may be required to assure protection for those species.
Willdan will prepare a brief report documenting the findings of the biological
evaluation.
2. An assessment of the findings from the hydrology study which will be included in
the environmental initial study. These findings are expected to address potential
floodplain and hydrological impacts resulting from the project (both short-term
construction-related impacts and long-term impacts).
3. An assessment of the project's impact on public services and utilities, including
temporary disruptions caused by construction activities, such as bridge closures
and detours. A supplemental traffic analysis, for-example, will be performed
which analyzes and assesses the bridge replacement project's construction-
related impacts on traffic and traffic circulation in the project area. This includes
an assessment of impacts resulting from any temporary road closures, detours,
or ramp closings.
4. A Draft and Final Historic Property Survey Report (HPSR) will be prepared which
includes a summary of findings pertaining to the bridge's historical significance
and the following attachments:
• an Area of Potential Effects Map (APE Map), that would include the
ground to be disturbed for removal of existing bridge abutments and
construction of new bridge abutments;
• an Archeological Survey Report (ASR), which includes a records search
by the South Central Coastal Information Center;
• Native American Coordination;
• Bridge Evaluation Form, prepared by a qualified architectural historian;
and,
• Historical Context Statement, based on a letter dated May 7, 2001, to the
City of Rosemead from Caltrans, regarding evaluation of the bridge within
the context of Los Angeles flood control efforts.
Preparation of the aforementioned studies and their environmental review will be
coordinated with Caltrans Office of Environmental Planning.
Utility Coordination
Coordinate with utility companies to implement upgrade of its facilities, as
needed, within the project limit.
2. Identify conflicts of proposed construction with utilities and provide preliminary
coordination for resolution.
0 0
May 20, 2002
Page 8
3. Send notification of preconstruction conference to affected utility companies.
4. Provide attendance at the preconstruction conference by the utility coordinator.
5. Review project scope of work with each utility company at the preconstruction
conference.and review possible conflicts and work with each utility to assure that
specific needs of the project are understood.
6. Coordinate with City construction observer during construction to expedite the
identification of any unknown utilities found during excavation.
7. Coordinate relocation work by utility companies.
Construction Survey
Provide construction staking as required for construction of the Garvey Avenue
Bridge.
Contract Administration
BID ADMINISTRATION SERVICES
Provide the City with 30 sets of final plans and specifications for bidding.
2. Conduct pre-bid compliance conference and prepare attendance record.
4. Respond to questions during the advertising phase.
5. Prepare project addenda, as necessary.
Review and analyze bid results and prepare a bid summary.
Verify. contractor's references, bonding, insurance and Contractor's license.
Provide recommendation to award project.
RESIDENT ENGINEER SERVICES
Assist City with public awareness and an information program to keep residents
and local interests advised of project status, and impacts to traffic flow
circulation.
2. " Prepare special concerns to be presented at preconstruction conference.
~J
May 20, 2002
Page 9
•
3. Conduct meeting and prepare preconstruction conference minutes and distribute
to attendees.
4. Review Contractor's safety program in consultation with City staff.
5. Monitor activities related to the project, such that the project is constructed
pursuant to contract documents and in a timely fashion.
6. Log and process submittals, shop drawings, construction schedule, and detailed
traffic control plan.
7. Closely review schedule and advise contractor to take action on schedule
slippage.
8. Document Contractor's 20-day Notices, Mechanic's Liens, and Stop Notices.
9. Assume responsibility for coordination with inspection staff and City staff.
10. Monitor activities of engineering/architectural support, surveying, testing, and
work by utilities or other agencies.
11. Monitor environmental mitigation measures full conformance.
12. Closely monitor ADA improvements and NPDES conformance.
13. Establish and attend weekly construction progress meetings to cover the
following:
• Resolve all old business issues to the maximum extent possible.
• Address all items of new business as presented by any party.
Review project schedule and address any deviations.
• Review submittal log in terms of items needed and resubmittals required.
• List status of construction items recently undertaken or ongoing.
• List planned construction items for following week.
• Review Contractor's safety program.
14. Prepare minutes for the weekly construction progress meeting.
15. Provide claims mitigation monitoring, including proactively applying foresight to
discover unforeseen conflicts.
16. Respond and log contractors Request for Information (RFI).
17. Assure that all questions, conflicts, and issues are immediately brought to City's
attention and addressed, with appropriate directives to Contractor.
•
May 20, 2002
Page 10
18. Coordinate review of questions by City officials and project design engineer
and/or architect.
19. Conduct site meetings, where necessary, with Contractor and City staff to review
job progress, scheduling, and coordination.
20. Provide value engineering on contract changes.
21. Attend project management and critical interface meetings.
22. Assist in negotiation and preparation of change orders, including memorandum
of explanation. An immediate and thorough analysis of validity of all potential
claims will be performed.
23. Monitor materials documentation and testing results and enforce corrections.
24. Prepare and obtain approval of progress payments, including verifying federal
compliance status impact on payment.
25. Monitor preparation of punch list at substantial completion, and follow up.
26. Routinely review construction files to ensure conformance to agency standards
and good construction management practice.
27. Ensure City received as-built set of drawings at completion.
28. Ensure that regulation compliance audits are complete and Contractor is clear on
submission of all reports and documentation, prior to close out.
29. Assist City with Stop notices and Release of Retention.
30. Provide memorandum of clearance to issue Notice of Completion.
31. Prepare a complete set of original as-built drawings.
Construction Observation
1. Review plans, specifications, and all other contract and construction related
documents.
2. Conduct a field. investigation of the project area to become familiar with the
existing facilities and the project environment.
3. Become familiar with traffic control plans, construction schedule, construction
sequence, and permit requirements from other agencies.
May 20, 2002
Page 11
4. Meet with City staff to review the scope of work and establish project schedules.
5. Attend preconstruction meeting.
6. Provide full-time construction observation of the work to monitor materials and
methods towards compliance with plans, specifications, and contract documents,
and address and document nonconforming items as they are discovered.
7. Observe Contractor's operation and production with respect to quality and
progress, discuss discrepancies with the Contractor as they occur, and report to
construction administrator and City.
8. Monitor Contractor's. safety program on a daily basis.
Provide daily oversight and proactive measures to provide compliance with
environmental mitigation measures.
10. Monitor compliance with Cal OSHA requirements and direct Contractor to
provide compliance with local, state, and federal regulations, including but not
limited to, Clean Air Act and Clean Water Act (NPDES).
11. Meet with the Contractor at the beginning of each day and review proposed work
plans, including specific details that may affect progress.
12. Coordinate activities of engineering support and surveying.
13. Coordinate quality assurance testing by field and laboratory personnel that meet
Quality Assurance Program requirements.
14. Coordinate Contractor's fieldwork with utility companies and other agencies.
15. Attend weekly job site meetings and other meetings with City staff, merchants,
engineer, public relations personnel, Contractor, and construction administrator,
as needed.
16. Photograph in color (35mm negatives) continuous property frontages along street
alignment prior to construction and once immediately following construction.
Place 3"x5" color prints in a three-ring binder and make available to Public Works
during construction and submit the three-ring binder with photographs to the
Public Works Department at completion of project.
17. Maintain copies of all permits needed to construct the project and enforce special
requirements of each.
18. Maintain detailed daily diary on construction progress.
L -A
May 20, 2002
Page 12
•
19.. Prepare weekly statement of working days, and submit to Contractor and City.
20. Prepare clear and concise letters and memorandums, as needed.
21. Maintain complete field file bound workbooks during construction on site,
including a cumulative record of quantities constructed, daily and weekly reports,
working day reports, change order documentation, photographs, and other
documentation. File will be made available to City staff at all times.
22. Review the construction schedule and enforce requirements for updating
schedules and maintaining appropriate progress of the work.
23. Coordinate engineering support at-response to construction clarification requests.
24. Assist public relations firm and City in establishing good relations with the
surrounding neighborhood.
25. Analyze ' delays and review claims on a timely basis including immediate
notification and consultation with the resident engineer and make
recommendations to the City.
26. Review, evaluate, and discuss with the City, all requests for changes of work,
including costs involved; prepare change orders, including provision of cover
memorandum of explanation.
27. Maintain all data for change orders, and record information with regards to the
time of dispute, time of notification by the Contractor, and action taken by the
inspector.
28. Provide complete measurements and calculations documented to administer
progress payments.
29. Prepare documentation for final payment to the Contractor
30. Maintain a set of red marked as-built plans and independently compare routinely
with Contractor's set for same purposes. Ensure all corrections are shown on
both sets.
31. Submit a clean set of plans marked in red for as-built corrections on record
drawings.
32. Prepare punch list at substantial completion and follow up.
May 20, 2002
Page 13
33. Recommend and schedule, with the City and applicable agencies, the final
inspection. Prepare, distribute, and inspect corrections of the final punch list for
completion and acceptance.
34. Prepare documentation for final payment to the Contractor.
35. Upon project completion, provide the finished set of project workbooks to the
city.
Federal Labor Compliance
1. Obtain latest wage decision and log in verification with funding agency, as
required.
2. Prepare labor compliance sections in bid documents in accordance with latest
applicable regulations.
3. Submit bid documentation to appropriate agency for review and approval when
needed. .
4. Conduct pre-bid compliance conference and prepare minutes and attendance
record thereof.
5. Check and update wage determination schedules published within ten (10) days
of bid. opening, and provide addendum to contract with required verification of
receipt by bidders, as required, pursuant to Davis-Bacon Act
6. Verify eligibility of contractor and subcontractors under Department of Labor
regulations to perform work bid, and monitor work to allow for verification of
eligibility of added subcontractors.
7. Attend preconstruction conference and prepare minutes and attendance record
thereof.
8. Send all required notifications of intent to award bid and start construction to
appropriate agencies.
9. Monitor compliance with labor laws, Clean Air Act, and Federal Water Pollution
Control Act.
10. Verify posting of. required labor information and posters and provide photographic
evidence of same.
11. Conduct employee wage interviews at the job site at a frequency and quantity as
required by applicable regulations. (Lists of employees or subcontractors on the
May 20, 2002
Page 14
•
project each day required by funding agencies will be provided by field inspection
personnel not included in this proposal).
12. Check weekly payroll forms and related documentation submitted by contractor
and subcontractors for compliance with regulations, and prepare all payroll
certification forms.
13. Check wage compliance in format showing method and calculation of verification
to be filed with proposals.
14. Check and verify apprentice classifications and use, and equivalent service
. classifications and actual activity.
15. Complete all required labor compliance and EEO forms and submit to
appropriate agencies in a timely manner.
16. Maintain files will all bids, contracts, bid spreadsheets, correspondence,
submittals, forms, and other information pertaining to the project in chronological
order with tabs indicating major activities.
17. Prepare and pursue wage discrepancy charges, including any appeals filed.
18. Receive, pursue, and document all complaints and actions taken.
19. Maintain regular communication between City and contractor regarding
compliance with applicable regulations, with a base of "Certified Mail" letters,
including all delinquent items, and coordinate with City staff for withholding
payments.
20. Coordinate project file reviews by authorized county, state, or federal agencies.
21. Submit complete files of federal labor compliance to the City.
May 20, 2002
Page 15
FEE
Our proposed fixed fees are as follows:
•
Preliminary and Final Design
•
Design Survey
Geotechnical Engineering
•
Hydrological/Hydraulic
•
Environmental
•
Utility Coordination
•
Construction Survey
•
Contract Administration
•
Construction Observation
•
Federal Labor Compliance
Total Proposed Fixed Fee
588,500
28,500
44,600
9,500
28,390
38,000
49,500
497,900
455,600
76,000
$ 1,816,490
The current. estimated construction cost for the project is $9 million. The total fee,
excluding geotechnical engineering, hydrological/hydraulic, environmental, utility
coordination, and federal labor compliance, is in conformance with that portion of the
City's agreement with WiIldan which pertains to design engineering services. The
construction contract period is estimated to be 400 working days. Compensation for
weekend construction and construction beyond the allocated working days and hours of
the construction contract will be on time-and-materials basis.
If you have any questions regarding this proposal, please contact me at (562) 908-6214.
Respectfully submitted,
WILLDAN
~r .
William C. Pagett, P.E.
Senior Vice President
ARmeamh
95610-02/06-9 551P02-904