Loading...
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 N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page I of 9 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Pdcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 2 of 9 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 3 of 9 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Pdcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 4 of 9 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. N:\PROJECTS\CLQ T Drive Project Filcs\PROJECTS\2000 Pgcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 5 of 9 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Pdcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 6 of 9 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, N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 7 of 9 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 8 of 9 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 N:\PROJECTS\CLQ T Drive Project Fi1es\PROJECTS\2000 Pdcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 9 of 9 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