PW Construction/Library 04PROFESSIONAL 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 PW Construction, Inc., ("Consultant"). The parties hereto agree as
follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Construction Management Services for the City of
La Quinta Municipal Library 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, (c) 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,
Consultant 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
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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 "Y (the "Special
Requirements"). In the 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.
2.0 COMPENSATION
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 Three Hundred Thousand Dollars ($300,000.00) (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.
3.0 PERFORMANCE SCHEDULE
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.
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3.3 Force Majeure. 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 (10) 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 judgment 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.
4.0 COORDINATION OF WORK
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. Paul G. Marshall, Jr., President
b. Dan E. Silverman, Senior Director, Project Manager
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 Tom Hartung, Building and Safety
Director 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 Against 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.
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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 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 Personal Injury/Property Damage Coverage
Less than $50,000 $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.
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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 the City, its
officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any
action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant
shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the
Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in
defense of such claim. In addition, Consultant shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Indemnified Parties.
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.
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 Reports. 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.
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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 Documents. 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 ENFORCEMENT 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.
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. 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.
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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 party 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.
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.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
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,
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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.
9.0 MISCELLANEOUS PROVISIONS
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: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La auinta, California 92253
To Consultant:
PW Construction, Inc.
Attention: Paul G. Marshall, Jr.
President
1905 E. Route 66, Suite 200
Glendora, CA 91740
9.2 Integrated 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 judgment 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 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager
ATTEST:
,ol) June eek, City Clerk
APPROVED AS TO FORM*
�1
. Katherine enson, City rney
CONSULTANT:
PW CONSTRUCTION, INC.
Name: Paul G. Marshall, Jr.
Title: President
Date: LCO, DU
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Exhibit A
Scope of Services
PW Construction, Inc. Scope of Services, dated April 5, 2004, is attached and made a part of
this Agreement.
L;W
Construction Management Services Proposal
City of La Quinta Municipal Library
Exhibit A -Scope Of Services
Project Understanding and Approach
The city of La Quanta is seeking a firm to provide Professional Construction
Management services to support Capital Improvement Project Number 2000-06, the
City of La Quinta Municipal Library.
Project The library will be constructed within the La Quinta Civic Center Campus as Indicated
Understanding on the site plan included in the RFR Phase 1 construction will include an
approximately 20,000 square foot building shell of which approximately 101000
square feet will be finished, furnished and equipped for use. The Interior of the
remaining space will only include rough electrical, dry wall, etc. but will not include
finishes as this space will not be immediately occupied.
Project
Approach
Outlined below is our approach to successfully fulfilling our obligation as
Construction Manager for the City of La Quinta Municipal Library project. Our overall
approach to construction management focuses on knowledgeable and careful
attention to planning, review, organizational, and control issues.
PW s general mindset is to implement methods and managerial skills to accomplish
the work in a highly collaborative and participatory environment. Open-mindedness,
cooperation, integrity, and clarity are values that are emphasized and instilled by PW
throughout the project team.
Recognizing that a number of different entities —many of which are new to one
another -we place a great deal of emphasis on team and relationship building,
especially in the early stages of the project. A number of specific activities are
described later In this section to get "everyone on the same page" so to speak from
the start. Individual team members are given substantial opportunities to discuss
their specific needs, concerns, and ideas. Problem solving, and problem avoidance,
will be a collaborative team -wide effort (as much as possible) In order to facilitate
synergy and harmonious working relationships by all.
Construction Management Services Proposal
City of La Quinta Municipal Library
Project Understanding and Approach
,At the same time- and when necessary- PW Construction as Construction Manager
will provide tough-minded leadership and decision -making in order to achieve the
City of La Quinta's goals and expectations.
Project
Approach Our project approach is also heavily reliant on implementing our proven systems,
(CONTINUED) processes, and procedures that are required to run an efficient, well-oiled
construction project. We utilize state-of-the-art management information and
effective project planning software as the technological logistical, operational, and
financial "backbone" for the Municipal Library project.
1
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program Tasks, Subtasks and Deliverables
Outlined below is our overall project approach broken into specific task -elements and
deliverables. For clarity, we have segmented the entire scope of work into three primary
phases:
Overview - The Preconstruction Phase
- The Construction Phase
- The Post -Construction Phase
PW Construction's activities and focus in this phase will set the tone and the direction
for the entire project team. Most of our tasks will revolve around establishing and
communicating a clear and concise "game plan" for all construction activities and
processes. Additionally, PW will be developing a thorough understanding of the City's
specific goals, needs, and requirements in order to ensure that our work ultimately
delivers on their expectations. outlined below is a summary of the key tasks and
deliverables that we will provide in the pre -construction phase.
Initial City/Construction Manager Planning Meeting
A meeting(s) would be conducted between the key members of the PW project team
and various City officials in order to receive direct input regarding goals, expectations,
and any other pertinent information. Additionally, we would provide a pre -construction
Phase One: agenda for review and discussion at this meeting.
Pre -Construction
Phase Full Project Team Organizational Kick-off Meeting
This off site, all day session would bring the entire team together to specifically review
and discuss the project's goals, schedules, responsibilities, communication, and other
related topics. The meeting would be attended by representatives from the City, the
City's consultants (e.g. NAI), project architect, appropriate contractors, and other project
stakeholders. This meeting would be planned and facilitated by a professional
team -building consulting firm, Win Win, which PW construction has involved
successfully in past projects.
Phase One:
Pre -Construction
Phase
(CONTINUED)
I
LW
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program
Project Management and Procedures Manual
PW Construction would draft and produce the Project Management and Procedures
Manual (PMPM). The PMPM is a tool designed to guide the work of the project team
during the project in Its entirety--pre-construction, construction, and post -construction
phases. This manual will be the basic operational and procedural blueprint that will
guide all of the members of the entire project team. All information relative to team
Interaction,, responsibilities, decision -making and approvals, and team performance
measurements would be outlined in this document. Pertinent information that was
agreed to in the Organizational Team Kick-off Meeting (above) would be Incorporated In
the PMPM.
Schedule Development
Perhaps the most crucial tool for a successful construction management project is the
schedule. PW Construction utilizes Primavera Systems software using CPM
methodology to plan, control, and monitor the project. We will develop a master CPM
schedule that will incorporate In detail start dates and durations for all project related
activities. This schedule would incorporate the input and specific information discussed
and agreed to at the Full Project Team Organizational Meeting mentioned above.
Review Contract Documents and Coordinate Permit Requirements
tin order to minimize the chance of cost, schedule, and/or administrative problems
during construction, PW Construction would conduct a detailed review of the contract
documentation and permits prior to the start of actual construction. We would verify
that actual information contained in each Is consistent with the City's understanding
and requirements.
Project Site Walk
PW would schedule and attend a project site walk with the project architect, City
representatives, and other design team members.
$afety Management Plan
One of PW Construction's highest priorities on each and every project is the issue of
ensuring a safe work environment. This focus would be Implemented on the City of La
Quanta Municipal Library project with the same degree of importance. PW will draft the
Safety Management Plan that will actually begin development in the pre -construction
phase so that it can be completed at the start of the construction phase. Additionally,
PW would Incorporate various elements of the general contractor's and/or the city's
safety -related provisions, also.
1
LW
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program
The Safety Plan itself would focus on specific areas including:
- Pragmatic approaches to safety specifically for this project
- Determine site -wide safety requirements and communicate same to project
contractors
- Contractor requirements regarding OSHA, state, and other safety regulations
- Review individual contractor(s) safety plans and make recommendations to the City
where/if revisions are needed to ensure adequate detail and coverage .
- Specific plan for a Safety Orientation meeting for appropriate project contractor's
personnel
- Site safety inspection plan and audits
- Bi-weekly safety meetings conducted by the CM ---these would be in addition to the
Phase One: safety meeting held by -individual contractor(s)
Pre -Construction - Monitoring contractor compliance with:OSHA and -other safety related paperwork,
Phase postings, and reporting
(CONTINUED)
To ensure the highest degree ofsafety throughoutthe. duration of the project PW
Construction -would provide a highly skilled construction safety specialist toserve,as
Safety Director. This. individual would be charged with1he development ofthe safety
plan and would monitor they program on -an on -going basis.
It is important to: note that PW Construction- has developed -and irnplements-its own. -
Safety Management Plan. It is run by a senior staffer, Mike Williams, who has extensive
experience in directing project safety programsas well as through knowledge of all
applicable codes, regulations, and other required procedures and reporting
requirements.
PW Construction's role as Construction Manager will be to serve as the City's advocate
throughout the construction phase. The focus will be to provide the necessary resources
to ensure a "well-oiled" construction process-- with the end result being the completed
Phase Two: construction of the Library that meets all quality, regulatory, timing, and budget
Construction requirements.
Phase During the construction phase PW will oversee all construction activities At the job site
while maintaining coordination between the contractor, architect, engine s, City
consultants, inspectors and the Cityof La Quinta. Outlined below are they tasks and
deliverables that we will provide during the Construction Phase.
Phase Two:
Construction
Phase
(CONTINUED)
L;W
Construction Management Services Propose!
City of La Quints Municipal Library
Scope of Work Program
The major tasks that PW Construction will focus on In this area include:
- Thoroughly and continuously monitor the Contractor's work to ensure that it is being
performed precisely as called for In the construction documents
- Identifying any discrepancies relative to the above and determine appropriate course
of action to achieve conformance
- Reject any and all work performed by the contractor that is deemed defective and/or
deficient
- Monitor contractor's adherence to construction site procedures, including haul routes,
staging, deliveries, dust and noise control, etc. and enforce adherence to agreed plan
- Review and assess, in detail, Contractor's actual construction schedule (vs. planned
schedule). Identify any specific problem areas and cooperatively work with contractor to
implement solutions to keep project on schedule
- Review and assess validity of required or optional changes to the Contractor's scope of
work. Discuss specifics with Contractor and if deemed to be In City's best interest then
provide City with written recommended change orders for approval.
- Maintain detailed documentation of all significant discussions and decisions regarding
project changes -both those that are implemented and those that are rejected and not
implemented
Some of the other specific tasks that PW would complete in the area of Construction
Monitoring and Inspection would include the following:
- Review laboratory, shop, and mill test reports of materials and equipment and
coordinate with appropriate project team members as required
- Monitor and document any underground electrical improvements and water/sewer
improvements for compliance with the plans and for consistency with local Water
District and Irrigation district requirements
- Monitor all inspection activities conducted by the City and/or other entities
Cost Controls and Budget Monitoring
Cost controls and budget updates will be a central part of our weekly and monthly
reports to the City. All cost estimates and bid documents will be consistently coded in
order to quickly and accurately monitor plans vs. actuals. This will also help us to
minimize possible claims and/or change orders.
Phase Two:
Construction
Phase
(CONTINUED)
I
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program
Construction Supervision and Coordination
As Construction Manager, PW Construction will provide general supervision and
coordination of the general contractor's activities to ensure that the project stays on
schedule and on budget. We will create well-defined authority and responsibility
channels, so that progress is not unnecessarily held -up due to unclear or un-cooperative
decision -making processes.
Importantly, PW will ensure that all construction work Is consistent with the quality
called for in the construction documents.
Record Keeping
Much of the ultimate success of a construction manager is their ability to maintain
precise, reliable, and timely records and documentation. Central to this is the ability to
communicate this Information on both a pre -determined and an as -needed basis. PW
would provide this function as follows:
- Provide a Weekly Project Status Report to the City
- Maintain comprehensive Field Diaries throughout the construction phase that
Includes all pertinent reports, documents, change orders, RFis, etc.
- Create and keep updated a Digital Photographic History of the project that provides
a visual representation of all relevant activities at the construction site.
- Complete Daily Inspection and Activity Reports that document weather conditions,
contractor's work, contractor workforce data, problems, and other pertinent
information.
- Maintain current sets of Plans, Plan Revisions, Shop Drawings, Owners Manuals,
Permits, and other relevant documents and support materials
- Prepare and distribute a Weekly Statement of Working Days to the contractor
- Review and Identify any discrepancies in Contractor and Sub -contractor Certified
Payroll information
Construction Monitoring and Inspection
PW will play a significant role regarding a broad array of inspection activities for the
project. This function will be managed by a certified inspection specialist that will be
provided by PW Construction. This individual will serve as the Project Construction
Inspector and will work closely with the On -site Construction Manager to ensure that
LW
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program
tabor Compliance and Monitoring
PW will monitor, collect, and review all required certified payrolls from not only the
selected General Contractor, but will also review his subcontractors Certified Payroll
compliance. PW will conduct on and off -site interviews with on site workmen to assure
that the project is in compliance with the State Guidelines. This will protect the City
from any claims from the State Labor Board for any noncompliance issues.
Requisition and Payment Systems
Phase Two: We will establish a clear procedure for submittal and approval of contractor payment
Construction requests that are consistent with City and other requirements. In order for payment
Phase requests to be processed we will review contractor work to ensure.that the.work. Chas,
(CONTINUED) been adequately performed; lien wavers have been provided, and:other required:
documentation has been forwarded as called for in the. Contractors contract.
Additionally, we will perform the same function for any other -purchases (i.e. besides.
those from the general contractor).
Project Team Communkationa_andCoordination,
Conduct Weekly Construction ProgressMeetingswith all project
stakeholders -including interested members -of the community at large -to review�ands
discuss status, issues, and other project -related topics. PW would prepare agendas and
minutes and distribute to participants.
Coordinate the following necessary project tasks: submittal review with the -design
team; coordinate with City Engineer, Fire, Police, other departments as necessary, any
and all surveying activities, testing requirements and schedules (coordination
only -actual testing being conducted by/contracted through/via other entities)
Phase Three: The close-out process will be planned ahead of time to ensure a smooth, orderly
Post- transition to transitioning the library to the City of La Quinta for occupancy. Outlined
Construction/ below are the key tasks and deliverables provided by PW Construction during this, the
Close -Out Phase I final, phase of the project:
Phase Three:
Post -
Construction/
Close -Out Phase
(CONTINUED)
Lo W
Construction Management Services Proposal
City of La Quinta Municipal Library
Scope of Work Program
Punch lists
We strive to avoid unnecessarily lengthy punch -lists that aren't addressed and
corrected until the end of the project. To prevent this, we provide the contractor with a
rolling -punch list at various points during the construction phase. With that said, there
are invariably a number of items that do need to be corrected in the close-out phase,
and PW will identify and ensure that the Contractor(s)' work is in complete
conformance with quality and other specifications called for in the construction
documents.
Final Contractor's Payments
PW will advise the City of La Quinta on proper processing of final payments to the
general contractor. We will be responsible for obtaining lien wavers, general releases,
warranties, guarantees, shop drawings, and all other required close-out documents.
installing City Furnished Furnishings, Fixtures, Equipment, and Materials
PW Construction will coordinate delivery and installation of all owner furnished FF&Es.
Drawings and Project File Transfer
We will provide the City with all shop drawings, samples, as -built drawings, and project
files for the City's permanent records. All documents will be meticulously organized to
make future reference an efficient process.
Commissioning and Transition to the City of La Quinta
PW Construction will coordinate all final inspections, certificates of occupancy, library
staff orientation, owner's manuals and other final logistical needs for the City to occupy
and operate the building.
Overview
The Project
Construction
Manager
(PCM)
LM
Construction Management Services Proposal
City of La Quints Municipal Library
Statement of Qualifications/Personnel
PW Construction is proposing the following team that will deliver individuals with the
necessary specialized skills and experience. Pius, most of these people have successfully
formed high performance teams with one another on past public works prolects.
The proposed PW Construction
Project Team,
by function, Is
as follows:
ositi n
/ C ` n uitant
Dedicated
PEqLect Construction Manger
Xes
Staff
full
Project Administrator
es
Staff
Partial
Project Manager
sometimes
Staff
Partial
Project Scheduler
no
Staff
Partial
Project Sp:LeV Director
sometimes
Staff
Partial
Firm Principal
I as needed
I Staff
Partial
Team Meeting Facilitator
I no
I Sub -Consultant
One-time
Based on the scope of services required on this project, there will be two persons on
site -the Project Construction Manager (PCM) and the Project Administrator (PA). The
PCM and the PA would be supported by a team of specialists in our home office with
the necessary expertise to assist them in carrying out their responsibilities. These team
members would be on -site when necessary to superbly carry -out there responsibilities
for the project.
The PCM will serve as the eyes, ears, voice, and heart of the project team. Overall
project planning, construction coordination, record keeping, resource projecting and
reporting are the key components of the PCM's responsibility.
The PCM will be on -site throughout the construction phase, and will work (at least) the
same hours as the contractors. In the event that the PCM Is absent from the site for one
reason or another, the entire team will know how to reach him, plus there will always be
a back-up manager on -call from PW that is available for owner and/or contractor needs
at a moment's notice.
More specifically, the Project Construction Manager would be responsible for the
following areas (see the Scope of Work section for more specific detail):
- Construction Supervision and Coordination
- Contractor Management
- Actively participate in evaluation and decision -making relative to Contractor's
proposed changes to work, schedules, other issues
- Regularly interact and collaborate with project Architects and other design team
members
0
Construction Management Services Proposal
City of La Quinta Municipal Library
Statement of Qualifications/Personnel
The Project - Day-to-day Team Building and Coordination
Construction - Monitoring and Enforcing Project Procedures Manual Guidelines
Manager - Schedule and Budget Maintenance and Adherence
(Continued) - Scheduling Inspections and Site walks
The Project Administrator would support the Project Construction Manager with the
administrative, clerical, and organizational duties relative to the project. Specific
examples of tasks would include:
The Project - Construction -Related Documentation and Record keeping
Administrator - Communications with project team regarding meetings, agenda, minutes
- Issuing updated schedules and other team correspondence
- Coordinating with project team support members in home office
- Gathering and organizing all close-out documents and other required items
Construction Management Services Proposal
City of La Quinta Municipal Library
Statement of Qualifications/Personnel
The Senior Project Manager will have ultimate responsibility to deliver on PW
Construction's obligations and commitments to the city of La Quinta. He will serve -in
conjunction with the Firm Principal -as the executive in charge of the overall success of
the project. More specifically, his responsibilities will focus on:
- Establishing and ensuring that the firm provides necessary resources to successfully
The Senior complete the project from
Project Manager - Overall responsibility for budget and other financial related agreements between PW
and The City
- Establishes and monitors guidelines and expectations for PW s overall performance,
and regularly solicits Input from the City relative to same
- Makes recommendations regarding means to continuously improve PW s
performance as Construction Manager for the project
- Leads communication and interaction with senior City officials and other stakeholders
- Develops overall project schedule -from initiation to close-out (in conjunction with
Contractor's schedule)
- Incorporate CPM scheduling methods, utilizing specialized construction project
The Project management software such as Primavera
Scheduler - Incorporates changes to overall schedule as needed in order to maintain schedule
milestones and target completion dates
- Coordinates with entire project team on issues relating to scheduling planning and
Implementation
The Project - Develops the Project Safety Manual
- Leads project team safety orientation and training meeting(s)
Safety - Conducts regularly scheduled and unscheduled site visits to monitor for compliance
Manager - Provides guidance on handling of any violations
The Firm Principal will be an active, involved member of the La Quinta Municipal Library
Project Team. His primary responsibility will be for "buck -stops -here" responsibility for
The Firm PW's overall success with the project. More specifically, he will:
- Establish overall policies relative to conduct and operations for the team
Principal - Ensure that adequate resources are made available to fulfill PW s contractual
obligations in all areas
- Participate in executive level meetings and planning sessions with City officials
LW
Construction Management Services Proposal
City of La Quinta Municipal Library
THE PROJECT TEAM I BIOGRAPHIES
Paul "Sonny" Marshall is president of PW Construction. Under his 20 year leadership, the
firm has successfully completed over $300 million of construction throughout Southern
California and Nevada. Paul's a hands-on project executive who is known for his
integrity, fairness, and dedication to owner satisfaction on each and every project that
he oversees for the firm.
Paul Marshall His general contractor project experience is highlighted by commercial jobs in both the
Firm Principal public and private sectors, with a substantial expertise in public works projects
including libraries, recreational facilities centers, schools, and multi -purpose community
centers.
Paul will serve as the Senior Executive responsible for the entire La Quinta PW
Construction Project Team.
Dean's nineteen years of construction experience is highlighted by his long -running
background in project management. In addition, his background includes work across
a broad spectrum of jobs in the construction industry including project superintendent,
city building inspector, and construction manager.
Dean is a Certified Jurisdictional Building Inspector and carries the following
certifications:
- #84833:1994 Uniform Building Code
Dean Jensen
- #088400-10:1997 Uniform Building Code
Project
_ #0885400-01: 2000 International Building Code
#0885400 02:2000 International Residential Code
Construction
-1997 Uniform Plumbing Code Update Certification
Manager
- Title #24 energy Field Inspection Certification
- Reinforced Concrete Inspection Seminar Certificate
Prior to joining PW Construction, Dean was Project Manager with Osborne Construction
Management and Architecture where he simultaneously directed two school
construction projects (total contract $5 million) which under his leadership were
delivered on -time and within budget (despite the fact that they were eight months
behind when he took them over). Also Dean was a Project Manager and Consultant
with Brussel Construction Management.
r •
Law
Construction Management Services Proposal
City of La Quinta Municipal Library
THE PROJECT TEAM / BIOGRAPHIES
Dan brings a wealth of senior -level project and program management, design and
construction, and general management experience to the La Quinta Municipal Library
project.
Prior to joining PW, Dan was Vice President for Paragon Restaurant Group where he was
Dan Silverman responsible for directing all restaurant architecture, design, construction, and real
Senior estate. Additionally, he has been directly involved with construction projects including
Project Manager retail, office, mixed -use, public works, master planned community, and high -end, custom
residential projects.
Dan is also a Certified Mediator in the Sate of California and is highly skilled at dispute
resolution facilitation and team -building.
Mike's twenty-two year construction background has run the gamut of managerial
responsibilities in virtually every facet of the business. He has been with PW for
fourteen years. During his tenure with the firm he has served in managerial capacities
on over three dozen projects including contracting work for municipalities (Cities of Los
Mike Williams
Angeles, Corona, Yorba Linda, Oakland, Carson, etc.); school districts (Newport -Mesa, San
Project
Diego, Glendora, Oceanside, and others); and other public works projects (NASA,
Scheduler
Department of the Air Force, Navy, and Army)
and Project
Safety Director
Before joining PW Mike served as Project Engineer for Shimizu America Corp. on the
34-story San Diego One American Plaza, as well as numerous other commercial
projects.
Mike will be planning and monitoring all safety programs and project scheduling for
the La Quinta Municipal Library.
Exhibit B
Schedule of Compensation
Payment shall be made on a Lump Sum fixed Fee Basis in accordance with the Consultant's
Cost Proposal Sheet, dated April 5, 2004, attached herewith and made a part hereof, in
conformance with Section 2.2 of the Agreement. Total compensation for all work under this
contract shall not exceed Three Hundred Thousand Dollars ($300,000.00) except as specified
in Section 1.6 - Additional Services of the Agreement.
Exhibit C
Schedule of Performance
Consultant shall complete all services within twelve months (365) days of the date of this
Agreement.
Exhibit D
Special Requirements
None.
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PW
CONSTRUCTION INC. FOR CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06
Per Section 9.3 of the aforementioned Agreement, both parties agree to the
following:
Exhibit B is amended to add $50,000 to the base contract amount for the
additions to the scope of services, for a total contract amount of $350,000
Exhibit C is amended to read as follows:
Consultant shall complete all services within fourteen months of the date of the
original agreement.
Section 2.1 of the contract is amended to read as follows:
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 Three
Hundred and Fifty Thousand Dollars ($350,000) ... the rest of the Section
to remain unchanged.
City of La Quinta
a California municipal Corporation
Thomas P. Genovese, City Manager
ATTEST:
Date
G:\LIBRARY\PW AMENDMENT.DOC
APPROVED AS TO FO
M. Kathehne Jenson, Cit*/Attorney
CONSULTANT: PW Constructi Inc.
By:
Name: i��t,�
Title: 4:>/?L*S 14.Q A.07`
Date:
G:\LIBRARY\PW AMENDMENT.DOC