Vali Cooper & Assoc/Jefferson Improvements 99PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into
by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Vail
Cooper and Associates("Consultant"). The parties hereto agree as follows:
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide those services related to Project 99-05, Jefferson Street Improvements,
Phase 1 - Avenue 54 to Highway 111 as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant
warrants that all services will be performed in a competent, professional and satisfactory manner
in accordance with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and
any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein,
Consultant 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. Consultant
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 performance
of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it
has thoroughly investigated and considered the work to be performed, (b) it has investigated the
site of the work and fully acquainted itself with the conditions there existing, ® it has carefully
considered how the work should be performed, and (d) it fully understands the facilities, difficulties
and restrictions attending performance of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the work or
as represented by City, it shall immediately inform City of such fact and shall not proceed except
at Consultant's risk until written instructions are received from the Contract Officer (as defined in
Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies
are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this Agreement,
Consultant shall perform services in addition to those specified in the Scope of Services when
directed to do so by the Contract Officer, provided that Consultant shall not be required to perform
any additional services without compensation. Any addition in compensation not exceeding five
percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the
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event of a conflict between the provisions of the Special Requirements and any other provisions
of this Agreement, the provisions of the Special Requirements shall govern.
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall
be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total
amount not to exceed FOUR HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED NINETY-FOUR
AND NO/ONE HUNDREDTHS Dollars ($444.494.00) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of Compensation may include
a lump sum payment upon completion, payment in accordance with the percentage of completion
of the services, payment for time and materials based upon Consultant's rate schedule, but not
exceeding the Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month, in the
form approved by City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such invoice shall (1) describe in detail the services provided, including time and materials,
and (2) specify each staff member who has provided services and the number of hours assigned
to each such staff member. Such invoice shall contain a certification by a principal member of
Consultant specifying that the payment requested is for work performed in accordance with the
terms of this Agreement. City will pay Consultant for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than the last working day of the month.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be
performed diligently and within the time period established in Exhibit "C" (the "Schedule of
Performance"). Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes,
floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental
agency other than City, and unusually severe weather, if Consultant shall within ten 00) days of
the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the forced delay when and if in his or her judgement such
delay is justified, and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term• Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
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S r • • i • \ 1 • \ • •ii�t
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
a. igyce Clark P E Executive Vice President
M.10FTITT 1 . 1 M �l 1:--
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the services
hereunder.
The foregoing principals may not be changed by Consultant and no other personnel may be
assigned to perform the service required hereunder without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be John M. Freeland. Senior Engineer or
such other person as may be designated by the City Manager of City. It shall be Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions which must be made by City
to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Again t Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial inducement
for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control
over the manner, mode or means by which Consultant, its agents or employees, perform the
services required herein, except as otherwise set forth. Consultant shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role.
Consultant 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.
4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports,
statistics, records or other data or information pertinent to services to be performed hereunder
which are reasonably available to Consultant only from or through action by City.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, personal and public liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from Consultant's
acts or omissions rising out of or related to Consultant's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that the coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and
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naming City and its officers and employees as additional insured shall be delivered to and approved
by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum
Less than $50,000
Personal Iniuyy/Pronerty Damage Coverage
$100,000 per individual; $300,000 per occurrence
$50,000 - $300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any automobile
by Consultant, its officers, any person directly or indirectly employed by Consultant, any
subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Consultant's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for
travel on public roads. The automobile insurance policy shall contain a severability of interest
clause providing that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as additional insured shall
be delivered to and approved by City prior to commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's
Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to City.
All insurance required by this Section shall be kept in effect during the term of this Agreement and
shall not be cancelable without thirty (30) days written notice to City of proposed cancellation.
The procuring of such insurance or the delivery of policies or certificates evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify City, its officers,
employees, contractors, subcontractors, or agents.
5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its
officers, employees, representatives and agents, from and against those actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys'
fees, for injury to or death of person(s), for damage to property (including property owned by City)
and for errors and omissions committed by Consultant, its officers, employees and agents, which
arise out of Consultant's negligent performance under this Agreement, except to the extent of such
loss as may be caused by City's own negligence or that of its officers or employees.
5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
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C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City
may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain
or secure appropriate policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Consultant may be held responsible for payments of
damages to persons or property resulting from Consultant's or its subcontractors' performance of
work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Report . Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning Consultant's performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept
and prepared in accordance with generally accepted accounting principals. The Contract Officer
shall have full and free access to such books and records at all reasonable times, including the right
to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records,
documents and other materials, whether in hard copy or electronic form, which are prepared by
Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of City and shall be delivered to City upon termination of this Agreement or upon
the earlier request of the Contract Officer, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all subcontractors
to assign to City any documents or materials prepared by them, and in the event Consultant fails
to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said documents
and materials without written verification or adaptation by Consultant for the specific purpose
intended and causes to be made or makes any changes or alterations in said documents and
materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from
said change. The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Do - um ntc, The drawings, specifications, reports, records, documents and
other materials prepared by Consultant in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the Contract Officer or as required
by law. Consultant shall not disclose to any other entity or person any information regarding the
activities of City, except as required by law or as authorized by City.
7.0 FNFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall
be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
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7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger
to the health, safety and general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Upon written notice to the Consultant the City may withhold from
any monies payable to Consultant sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant
in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting
party on any default shall impair such right or remedy or be construed as a waiver. City's consent
or approval of any act by Consultant requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either parry of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 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.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, at law or at equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of
this Agreement, except as specifically provided in the following Section 7.8 for termination for
cause. City reserves the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant
to fulfill its obligations under this Agreement, City may, after compliance with the provisions of
Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and
Consultant shall be liable to the extent that the total cost for completion of the services required
hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable
efforts to mitigate such damages), and City may withhold any payments to Consultant for the
purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3.
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7.9 Attorneys' Fees. If either party commences an action against the other party arising
out of or in connection with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be
personally liable to Consultant, or any successor in interest, in the event or any default or breach
by City or for any amount which may become due to Consultant or to its successor, or for breach
of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which she or he is, directly or indirectly, interested, in
violation of any State statute or regulation. Consultant warrants that it has not paid or given and
will not pay or give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant 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. Consultant 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.
9.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this section.
To City:
CITY OF LA QUINTA
Attention: Chris A. Vogt
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
To Consultant:
Vali Cooper and Associates
Attention: Agnes Weber, P.E., Contract Mgr.
41 Washington Avenue
Point Richmond, CA. 94801
(510)215-0264 Fax (510)215-0760
9.2 Inert yfated Agreement. This Agreement contains all of the agreements of the parties
and all previous understanding, negotiations and agreements are integrated into and superseded
by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent of
the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs,,or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
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Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA OUINTA California municipal corporation
John a, MayVr
ATTEST:
APPROVED AS TO FORM:
Au 4"}l�
Dawn C. Honeywell, CIty Attorney
CONSULTANT_ JAL I lZ-S�JJVC .
Name: 0
Title: LSE orl / , j—
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Exhibit A
Scope of Services
The consultant's scope of services shall include but are not limited to;
• Review contract documents, plans, permit requirements.
• Schedule and attend a field walk with the Inspector, Design Engineer and City representatives.
• Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special
concerns presented at the preconstruction meeting.
• Schedule and chair a kick off meeting with the utilities.
• Provide a preconstruction agenda to the City for approval, and schedule a preconstruction meeting
and notify attendees.
• Provide the necessary coordination and reports to the City of Indio and CVAG.
• Maintain at the project site, on a current basis; the following:
Recorded copies of all contracts, drawings, specifications, addenda, change orders and other
modifications in good order and marked to record all changes made during construction; shop
drawings; product data; samples submittal; purchases; materials; equipment; applicable
handbooks; maintenance and operating manuals and instructions; and other related documents
and revisions which are relevant to the contract work.
• Provide regular status reports to the City of La Quinta as required.
• Review laboratory, shop and mill test reports of materials and equipment, and coordinate as
required with Design Engineers.
• Prepare and send a Weekly Statement of Working Days to the Contractor.
• Monitor Contractor's certified payroll.
• Coordinate closely with the Caltrans Inspector.
• Monitor permit requirements from the Imperial Irrigation District.
• Monitor permit requirements from the Coachella Valley Water District.
• Administer the construction contract in conformance with the requirements set forth in the
Standard Specifications for Public Works Construction, the City of La Quinta and the City of Indio.
• Administer the bridge construction in conformance with the requirements set forth in Caltrans
Standard Plans and Specifications, 1992 edition.
• Conduct weekly on -site construction progress meetings with Contractor, Subcontractors, City
Staff, general public, business owners, and other consultants to discuss matters such as
procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes.
• Monitor all inspection activities.
• Maintain an open door policy and meet with the general public as needed regarding the street
construction and make recommendations to address their concerns.
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• Receive from the Contractor and process all shop drawings, project data, samples, and other
submittals. Establish and implement procedures for expediting the processing and approval of
submittals.
• Coordinate submittal review with Design Engineer on an as needed basis.
• Coordinate with the City Engineer and other City Departments.
• If necessary, document all claims and maintain for account records.
• Administer implementation of project's Traffic Control Plan and perform weekly review for
conformance to approved plan.
• Coordinate and schedule construction surveying by City's consultant.
• Coordinate testing requirements and scheduling of materials testing by City's consultant.
• Review and analyze the Contractor's schedule (monthly), including activity sequences and
duration, schedule of submittal and schedule of delivery for products with long lead time. Work
with Contractor to maintain the project schedule to show current conditions and suggest revisions
as required.
By reference and attachment the scope of work identified in the City's Request for Proposal and
the Consultant's Work Proposal, are incorporated to define and embody the contract Scope of
Services.
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SCOPE OF SERVICES
To follow is a description of the tasks we typically perform on projects similar to the City of La Quinta Capital
Improvement Project No. 99-05, Phase I Jefferson Street Improvements and our approach to managing these
tasks. The deliverables of our service are a quality project within your budget and schedule. Throughout the
project, you will receive status reports and updates to help you make informed decisions regarding the contract.
At the completion, you will receive a well -organized report of completion and project documents ready to
archive.
PRE -CONSTRUCTION ACTIVITIES
Preparation
A complete site visit to familiarize oneself with the construction area is essential to effectively prepare our
project personnel for the construction. Our staff has reviewed the project plans, specifications, permits and
other project specifics and prepared a possible CPM schedule scenario, included in the next section.
Some of the items we typically look for prior to the start of construction include:
♦ Permitting agency requirements including water district, Calfrans, RWQCB, Fish& Game, railroads, etc.
♦ Traffic staging detours and impacts - ease of flow of traffic through the jobsite
♦ Overall staging plans for the project - do they make sense? Is there a better way to stage the work?
♦ Utility relocations
• Check as -built locations
• Conflicts with plans and staging
Verify that utility "by others" windows are reasonable and that utility companies are on schedule to
do the work
♦ Check plans for:
7 • Construction feasibility and practicality
J • Selection and availability of material, methods and techniques
• Limitations of site and permit requirements
_+ • Obvious errors, omissions and ambiguities
J• Sequencing of operations - do they make sense? Will deadlines be met?
Establish Relationships and Finalize Project Parameters with the City of Le Ouinta
Our contract manager, Agnes Weber, will assist David in meeting with you to establish expectations and
authority. Parameters to discuss and determine include:
♦ Project filing system
a♦ Lines of communication
J ♦ Levels of authorization
♦ Procedures for progress payments & cost segregation
♦ Procedures for contract change orders
♦ Potential claim management
♦ Project emergency procedures
♦ Local emergency services notification and access
♦ Public interaction highlights
At this time, we will also establish communication and procedures with your materials testing and surveying
consultants. This relationship must be seamless to the contractor. Turn -around times for test results and
response to approved staking requests must be timely and within the contractual requirements to avoid potential
'7 delay claims from the contractor. David must understand the contractual obligations to meet these time
J commitments for these firms.
Pre -Construction Documentation of Site
Documenting the site prior to construction is essential. Good documentation can often mitigate disputes
between the owner, contractor and property owners within or adjacent to the project limits. Our documentation
includes photographs and videos of the construction site. Special attention will be given to sensitive areas. We
i� can also perform pre -construction condition surveys with individual property owners if warranted. This
information is logged and filed with the project files.
I SCOPE OF SERVICES
11
Establish Partnering Relationship with Contractor, City of La Quints Staff, Permitting Agency Staff,
Utility Companies, etc.
Generally, we establish partnering relationships through informal means by meeting with the contractor, project
sponsor staff and other involved entities prior to construction to agree on project parameters. These include
project administration procedures, establishing channels of communication and authority, and clarifying the
need for cooperation to have a successful project.
Pre -Construction Meeting
All appropriate persons for the pre -construction meeting will be invited, including City of La Quinta staff, City of
Indio staff, Coachella Water District pump station oversight personnel, utility company representatives, Caltrans
oversight staff and any other involved entities. At this meeting, project specifics are discussed including contract
submittal requirements, change order and potential claim procedures, contractors construction schedule,
Itechnical issues and safety procedures. An agenda, meeting minutes and action lists are prepared
CONSTRUCTION PHASE SERVICES
Agnes Weber, contract manager, will provide oversight and technical support to all VC&A staff during the course
of the project and will ensure that all the tasks are being performed to the satisfaction of the City of La Quints.
She will also monitor our construction management staffing and budget and respond to all of your concerns or
needs relative to our services.
Our resident engineer, David Toschak, with the assistance of his field team, is responsible for performing all of
the construction management tasks. ,
Contract Administration
VC&A has developed a Construction Administration Tracking System (CATS) to effectively perform the contract
administration requirements of a project. CATS is modeled after the Caltrans Construction Manual and is easily
tailored to fit your internal administration procedures. It has passed several Caltrans audits on our existing and
past projects. It also meets federally funded project requirements. CATS contains a system for organizing
project files and computer generated forms and spreadsheets to assist in tracking correspondence, submittals,
RFI's, contract change orders, progress pay estimates, as well as documenting materials testing results. The
forms are easily tailored to meet the needs of any agency or project.
Our field team can utilize the CATS system to perform the document control for this project. The CATS manual
will satisfy the following aspects of document control:
♦ Maintaining project files
• Submittal logs
♦ RFllogs
ri ♦ Correspondence tracking
♦ CPM schedule baseline & submittals
♦ Tracking contract change order status
♦ Tracking progress pay estimates and overall project budget
• Tracking potential claims
♦ Tracking materials testing results and follow-up
Our resident engineers, or in some cases our office engineers, have the overall responsibility of setting up the
contract administration system priorto the start of construction. Typically, inspectors and/or an office engineer
assist our resident engineers with the contract administration aspect of our services. For your project, Kimberly
Sinclair, our senior office engineer, will assist David in setting up his project records. She will be available to
7 assist David with record keeping issues and will audit these records on a regular basis for quality control
purposes.
J
J
SCOPE OF SERVICES
In addition to setting up the project files, David will establish and implement systems for the following tasks:
♦ Submittal review procedures
♦ Processing contract change orders and requirements for approval
♦ Claims management - CATS has a file category dedicated to potential claims. All information relative to a
potential claim is filed and logged in this category. Construction claim reports will be prepared and
distributed. You are be kept informed regarding the status of potential claims. Our resident engineer will
determine the merit of the potential claim and recommend a course of action to you. VC&A has claim
specialists on staff who are available to provide additional support to our field personnel. We stay current in
industry trends, typical construction methods and standards of practice, and precedents in construction in
order to make educated decisions and assist our clients with potential claim settlements.
Our resident engineer is also responsible for the following contract administration functions:
♦ Conduct weekly progress meetings to discuss status of project and project issues, including preparing and
distributing the minutes of weekly meetings
♦ Preparing an 'as -built' CPM schedule for claims mitigation purposes
♦ Assess the need for contract change orders, negotiate and prepare them, and prepare change order reports
♦ Perform review of contractor's construction baseline and progress schedules - check for compliance with
contract documents, logic of sequencing, durations, and milestone activities - use the schedule as a tool to
track progress and monitor construction delays
♦ Perform a review with contractor's safety program to verify compliance with contract documents. Note that
VC&A staff are not responsible for the contractor's implementation of, or compliance with, its safety program
and compliance with CaIOSHA requirements
• Potential claim mitigation
Permits & Utilities
VC&A staff have the qualifications to coordinate any utility relocation work prior to and during construction. All
project permits, including Caltrans encroachment permits and cooperative agreements, will be reviewed and the
contractor monitored for compliance during construction. In addition, we have staff expertise in storm water
pollution prevention plan implementation and inspection. Many of our staff are SWPPP certified and perform
inspections on VC&A projects to monitor compliance with National Pollutant Discharge Elimination System
Permits.
On -Site Inspections
Agnes Weber, contract manager, will work with you to coordinate and integrate available city inspectors into the
construction management team. She will work with David and you to determine the level of inspection support
required throughout the contract and deliver additional VC&A inspection as required.
All field inspections are documented on the field inspector's Daily Diary in accordance with the City, and if
applicable, Caltrans procedures. Photographs are taken prior to and during construction, logged and filed with
the project files.
The inspector's field activities include:
• Monitoring the contractor's work for general conformance with the plans and specifications
♦ Documenting the progress of the work with daily diaries and photographs
♦ Carefully monitoring contract change order work in the field
♦ Measuring and calculating quantities
♦ Coordinating material testing
♦ Coordinating surveying and construction staking
♦ Reviewing and logging materials test results and addressing non -conforming tests
• Assisting the resident engineer with filing and other job related paper work
♦ Coordinating and conducting final inspections
-]
SCOPE OF SERVICES
l
F.
Project Status
Project status reporting is one of the primary 'deliverable' products you will see from our field team during the
project.
The City will be updated on the status of the project on a weekly basis. VC&A staff use a Resident Engineer's
Weekly Report for this purpose.
Monthly status reports are submitted to the owner to give an overview of the construction progress, financial
status, potential claims, contract change order status, work completed during the month and work contemplated
for the following month. This report also summarizes the anticipated cash flow of the remaining work, including
all hard costs such as change orders and item over- & under -runs as well as soft costs such as potential claims.
An example of this report is included in this section.
Cost Control
The VC&A CATS manual contains a system for tracking and monitoring the actual construction costs on a
project. It includes spreadsheets to track progress pay estimates, item overruns and underruns and contract
change orders. The status is reported monthly on the status report.
Materials Testing
Either VC&A's resident engineer or the lead field inspector is the main coordinator between the contractor and
your materials testing consultant, Southland Geotechnical Consultants. Materials test results are reviewed,
logged and filed in the project files. Any failed tests are addressed and appropriate correction measures are
taken and documented.
Construction Surveying
Construction staking requests are generally required from the contractor and submitted to the resident engineer
to verify that the area is ready for staking. The staking request is forwarded promptly to your construction
surveyor, Tri-Star Surveying. Typically, they perform the construction staking within 48 hours of receiving the
request and return survey data 48 hours thereafter or within the time frame specified on the staking request.
POST -CONSTRUCTION SERVICES
A project is only truly completed when all the construction is complete, including the punchlist items, the final
payment is approved and accepted, and the project paperwork is completed and archived. The schedule for
this part of the process is as sensitive as any and must be attended to efficiently. The tasks include:
♦ Developing a punchlist of remaining items of work after contractor is substantially completed with the work
and following through with the contractors completion of those items.
♦ Conducting a final project review with the owner and other agencies that must accept the work. Upon
satisfactory completion, the resident engineer submits a formal recommendation for project acceptance.
• Preparing the proposed final payment, addressing the contractor's exceptions and submitting final payment
requests in the time -frame required by law
♦ A final submittal package of all field records is submitted to the owner in an organized manner. Along with
the records, a project completion report is prepared which includes:
=* A summary of change orders and potential claims
a A summary of the materials tested and incorporated into the work
a Final project schedule
=> Final project expenditures
a Summary of final acceptance
As-buiR drawings
Exhibit B
Schedule of Compensation
Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the
actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation
for all work under this contract shall not exceed FOUR HUNDRED FORTY-FOUR THOUSAND FOUR
HUNDRED NINETY-FOUR AND NO/ONE-HUNDREDTHS Dollars ($444.494.00) except as specified
in Section 1.6 - Additional Services of the Agreement. Reimbursables shall be paid at 100% of
anal cost without markup, overhead or additional profit. Eligible reimbursable items are:
• Office and Utilities @ $3,000/mth (not -to -exceed)
• Cellular telephone service @ $150/person/mth (not -to -exceed)
• Computers @ $200/computer/mth (not -to -exceed)
unit prices are for budgetary purposes only, all reimbursables will be paid at actual cost to the
consultant.
yCA pm.wpd PAGE 11 of 13
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Exhibit C
Schedule of Performance
Consultant shall complete all services within three hundred sixty-five QBM days of the date of this
Agreement. Or within 35 days of project acceptance and the recordation of the notice of
completion by the Riverside County recorder's office, which ever is the later.
VCA pu.wpd PAGE 12 of 13
Exhibit D
Special Requirements
None specified.
VCA pm.wpd PAGE 13 of 13
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PROFESSIONAL SERVICES AGREEMENT:
JEFFERSON STREET IMPROVEMENTS
PHASE I - AVENUE 54 TO HIGHWAY 111
CONSULTANT: Vali Cooper and Associates
41 Washington Avenue
Point Richmond, CA. 94801
CONTRACT CHANGE ORDER NO. 1
Sheet 1 of 2
PROJECT NO. 99-05
kxxxkxk*k*k**k***************************k**kx*kxkkxkxkxkx****k***kk*xxkkxx***k**k**kxkxxx
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terns, general conditions, and special provisions of the original Contract.
k*****x*xxxxx***xxx*xxxkxxxkxxkkxxkx*xx********k**k*xk*kkxxxxxx********kkxxxxxxxx***k*kk*x
DESCRIPTION OF CHANGE
Extend the performance of professional construction management services to support Project No. 99-05, Jefferson Street Improvements,
Phase I - Avenue 54 to Highway 111.
xxxxxxxkxxxxxxx*kx**k***k**kx*kk*kx*kkxkxxx*xx*******x**k*xkk*kxk*xxx***x***kx*xxxxxxxx**k
Previous Contract Amount Through Change Order No. 0 $ 444,494
Add this Change Order $ 137,736
Revised Contract Total $ 582,230
By reason of this contract change order the time of completion is adjusted as follows: 81 days added to contract time.
The revised contract completion date shall be: 08 /21 /01
*k***k***k****xk*****x*k****************k**k*xkxkkxkxxxkx*******kkx*xkxxx*x*****k**xxkxxxx
Submitted
Approved
****************************k**********kk*kk*k*xxkxkxx***************xk*******************
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all
services necessary to complete gie above specified work, and hereby accept as full payment the amount shown above.
Accepted
Consultant: VALI COOPER & ASSOCIATES Date:
T:\PWDEPT\PROJECTS\99Prlcte\99-05JeffSt154-Ind BIvdIWP 1 Comet\VC&Accol.wpd 5/31/01
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