PW Construction/City Hall Expansion 06PROFESSIONAL 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 those services related to Construction Management for the City Hall
Expansion Project 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 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.
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1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which
are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the 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 base amount
not to exceed Five Hundred and Eighty thousand Dollars ($580,008) (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.
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 judgement such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
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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 Thomas P. Genovese 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.
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.
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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 In 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.
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,
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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.
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.
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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.
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, 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: To Consultant:
CITY OF LA QUINTA PW Construction Inc.
Attention: Thomas P. Genovese Attention: Paul G. Marshall Jr.
City Manager 1905 E. Route 66, Suite 200
78-495 Calle Tampico Glendora, CA 91 740
P.O. Box 1504
La Quinta, California 92247-1504
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QU1NTA a California municipal corporation
Thomas P. Genovese, City Manager Date: 2- 1 -7— 0 io
ATTEST:
June Greek, City Clerk
APPROVED AS TO FORM:
M. rine Jenson, City Attorn
CONSULTANT
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By=
Nam L. iA
Title:(l�-'� /
Date: r� �'
Exhibit A
Scope of Services
M.Construction Inc. Scope of Services dated October 28, 2005 is attached
and made part of this Agreement.
October 28, 2005
Project
Understanding
The City of La Quinta is seeking a firm to provide Professional Construction Management
services to support Capital Improvement Project Number 2002-01, the City of La Quinta City
Hall Expansion.
The Project is located within the La Quinta Civic Center Campus. The expansion to the City
Hall is approximately 15,000 square at grade level and an approximately 8,000 square foot
basement. The expansion area is located immediately west of the existing City Hall. The
existing parking lot to the south of City Hall will be expanded. Certain, areas of the existing
City Hall will also be modified as part of the expansion. The City desires to have the option
to bid the work as a multi -prime project with the construction management firm managing and
coordinating the multiple contracts.
The Construction Manager (CM) shall serve as the Owner's principal agent in providing the
services described in the RFP. The Owner shall ultimately enter into a separate contract with
one or more Contractors for the construction of the Project. The CM shall endeavor to
maintain, on behalf of the Owner, a working relationship with the Contractor(s) and
Architect/Designer.
It is of greatest importance that the Construction Manager provide the leadership, planning,
team -collaboration and negotiating skills to deliver the project on time and within the budget.
The CM must continuously be anticipating future barriers and identifying practical solutions to
achieve these goals. The City should rely on the CM to ensure that it avoids any unpleasant
"surprises", in particular relative to disparities between cost estimates, bids, contracts and
change orders. Planning ahead, with a thorough knowledge and commitment to leveraging
constructability issues and value engineering opportunities, will be of critical importance in the
design phase in particular. We will be sure to avoid the City having to experience the
unfortunate, but all too prevalent situation, that owner's experience when bids are submitted in
substantial excess of the planning/construction estimate.
Project
Approach
Outlined below is our approach to successfully fulfilling our obligation as Construction
Manager for the City of La Quinta City Hall Expansion project. Our overall approach to
construction management focuses on knowledgeable and careful attention to planning, review,
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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
will 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.
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.
Our project approach is also heavily reliant on implementing our proven systems, 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 City Hall Expansion
project.
The Construction Manager's responsibility for the entire project will be broken into four
sequential phases:
• Design (four months)
• Bidding/Awarding (two months)
• Construction (twelve months)
• Close-out (two months)
Specific scope of work and deliverables for each phase are detailed in the following section.
Basic Services
Provided
Outlined below are the general services that would be provided to the City of La Quinta:
• Integrated Project Management
• Individual Project On -Site Construction Supervision
• Construction Monitoring and Inspection
• Project Team Communications and Coordination
• Safety Program Development and Implementation
• Construction Cost Estimating
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• Constructability Reviews and Value Engineering
• Budget Management and Cost Control
• Bidding, Evaluating and Awarding Contracts
• Project Scheduling and Monitoring
• Contract Administration
• Contractor Requisition and Payment System administration
• Labor Compliance and Monitoring
• Post -Construction Close -Out Activities
• Assist City with evaluation and selection of specialty professional services (e.g.
inspection services, environmental, materials testing, geological, etc.)
• Host and plan an all day full project team kick-off meeting
• Prepare a comprehensive Project Management and Procedures Manual
• Install live web cams on each and every project site
• Provide professional trained mediation services to resolve any disputes in a
positive, equitable and efficient manner
• Publish a monthly Executive Summary Report
Detailed Scope
of Deliverables
Provided
Outlined below is a more detailed and comprehensive description of the deliverables that PW
will provide to the City of La Quinta (broken down by phase).
Phase One:
Design
• Construction Management Plan: The CM shall prepare a Construction Management Plan
for the Project and shall make recommendations to the plan throughout the duration of the
Project as appropriate. In preparing the Construction Management Plan, the CM shall
consider the Owner's schedule, budget and general design requirements for the Project. The
CM shall then develop various alternatives for the scheduling and management of the Project
and shall make recommendations to the Owner.
:ocuments,
Constructability Review: Perform a complete constructability review of the project bid
specifications, plans and estimates prior to bidding the project and identify
potential problems that need correction before the project is bid.
• Project and Construction Budget: Based on the Construction Management Plan the CM
shall prepare a Project and Construction Budget based on the separate divisions of the work
required for the Project and shall identify contingencies for design and construction. The CM
shall review the budget with the Owner and Designer and the CM shall submit the Project and
Construction Budget to the Owner for acceptance. The Project and Construction Budget shall
be revised by the CM as directed by the Owner.
• Preliminary Estimate and Budget Analysis: The CM shall analyze and report to the
Owner and the Designer the estimated cost of various design and construction alternatives,
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including CM's assumptions in preparing its analysis, a variance analysis between budget and
preliminary estimate, and recommendations for any adjustments to the budget.
• Review contract documents and coordinate permit requirements.
• Schedule and attend a field walk with the Inspector, Project Architect, Design Team
Members and City representatives.
• Revisions to the Construction Management Plan: During the Design Phase the CM shall
make recommendations to the Owner regarding revisions to the Construction Management
Plan. The Construction Management Plan shall include a description of the various bid
packages recommended for the Project. Revisions approved by the Owner shall be
incorporated into the Construction Management Plan.
A Progress Meetings: The CM shall conduct periodic progress meetings attended by the
Owner, Designer and others. Such meetings shall serve as a forum for the exchange of
information concerning the Project and the review of design progress. The CM shall prepare
and distribute minutes of these meetings to the Owner, Designer and others as necessary.
• Review of Design Documents: The CM shall review the design documents and make
recommendations to the Owner and Designer as to constructability, scheduling and time of
construction; as to clarity, consistency, and coordination of documentation among Contractors;
and as to the separation of the Project into contracts for various categories of the Work.
• Cost Control: The CM shall prepare an estimate of the construction cost for each
submittal of design drawings and specifications from the Designer. This estimate shall include
a contingency acceptable to the Owner, CM and the Designer for construction costs
appropriate for the type and location of the Project and the extent to which the design has
progressed.
• . Project and Construction Budget Revision: The CM shall make recommendations to the
Owner concerning revisions to the Project and Construction Budget that may result from
design changes.
• Value Engineering Studies: The CM shall provide value engineering recommendations
to the Owner and Designer on major construction components, including cost evaluations of
alternative materials and systems.
• Design Phase Change Report: The CM shall prepare and distribute Design Phase
Change Reports that shall list all Owner -approved changes as of the date of the report and shall
state the effect of the changes on the Project and Construction Budget and the Master
Schedule.
• Approvals by Regulatory Agencies: The CM shall coordinate transmittal of documents
to regulatory agencies for review and shall advise the Owner of potential problems resulting
from such reviews and suggested solutions regarding completion of such reviews.
12
• Construction Delivery Method Recommendation: Provide a thorough and
comprehensive analysis that compares various construction delivery method options. This
evaluation would primarily focus on the benefits/drawbacks to the City by utilizing a single
general contractor delivery method vs. a multi -prime trade delivery method (i.e. that does not
include a general contractor). The CM would also provide a recommendation to the City
regarding which methodology serves the City's best interests. Upon approval of one method
or the other by the City, the CM would implement an effective means of developing bid
packages, soliciting bids, reviewing bids and awarding contracts on their behalf.
Phase Two:
Contractor Bidding
and Awarding
• Pre -qualifying Bidders: The CM shall assist the Owner in developing lists of possible
bidders and in pre -qualifying bidders. This service shall include preparation and distribution
of questionnaires, receiving and analyzing completed questionnaires, interviewing possible
bidders, bonding agents and financial institutions, and preparing recommendations for the
Owner. The CM shall prepare a list of bidders for each bid package and transmit to the
Owner for approval.
• Bidder's Interest Campaign: The CM shall conduct a telephone and correspondence
campaign to attempt to increase interest among qualified bidders.
• Notices and Advertisements: The CM shall assist the Owner in preparing and placing
notices and advertisements to solicit bids for the project.
• Delivery of Bid Documents: The CM shall expedite the delivery of Bid Documents to
the bidders. The CM shall obtain the documents from the Designer and arrange for printing,
binding, wrapping and delivery to the bidders. The CM shall maintain a list of bidders
receiving Bid Documents.
Pre -Bid Conference: In conjunction with the Owner and Designer, the CM shall conduct
pre -bid conferences.
• Information to Bidders: The CM shall develop and coordinate procedures to provide
answers to bidder's questions. All answers shall be in the form of addenda.
• Addenda: The CM shall receive from the Designer a copy of all addenda. The CM
shall review addenda for constructability, its impact on the Project and Construction Budget,
scheduling and time of construction, and for consistency with the related provisions as
documented in the Bid Documents. The CM shall distribute a copy of all addenda to each
bidder receiving Bid Documents.
• Bid Opening and Recommendations: The CM shall assist the Owner in the bid opening
and shall evaluate the bids for responsiveness and price. The CM shall make recommendations
to the Owner concerning the acceptance or rejection of bids.
Analyzing Bids: Upon receipt of the bids, the CM shall evaluate the bids, including
13
alternate bid prices and unit prices, and shall make a recommendation to the Owner regarding
the award of the Construction Contract.
• Construction Contracts: The CM shall assist the Owner in the assembly, delivery and
execution of the Contract Documents. The CM shall issue to the Contractor(s) on behalf of
the Owner the Notice of Award and the Notice to Proceed.
Phase Three:
Construction
• Schedule and facilitate a Partnering Session kick off meeting with the City and all of the
other project team members. This all -day session would be facilitated by the firm Win Win,
Seattle.
• Provide a pre -construction agenda to the City for concurrence, schedule a pre -
construction meeting and notify attendees.
• Provide coordination of project activities and prepare reports and documents, as
necessary, for City review and action.
• Maintain at the project site, on a current basis, a record copy of all contracts, drawings,
specifications, addenda, change orders and other modifications, in good order and marked to
record all changes made during construction, shop drawings, product data, samples, submittal,
purchases, materials, equipment, applicable handbooks, maintenance and operating manuals
and instructions, and other related documents and revisions which are relevant to the contract
work.
• Provide weekly status reports to the City.
• Review laboratory, shop and mill test reports of materials and equipment, and coordinate
as required with the Project Design Team.
• Prepare and send a Weekly Statement of Working Days to the Contractor.
• Monitor Contractor and Sub -Contractor certified payroll.
• Monitor and document any underground electrical improvements for compliance with the
project plans specifications and for requirements from the Imperial Irrigation District.
• Monitor and document domestic water or sanitary sewer improvements for compliance
with the project plans and specifications and for any requirements from the Coachella Valley
Water District.
• Administer the construction contract in conformance with the requirements set forth in
the Plans and Specifications.
• Conduct weekly construction progress meetings with the Design Team, Contractor(s),
City Staff, affected outside agencies, general public, business owners, other consultants, etc.
14
to discuss matters such as procedures, progress, problems and scheduling. Prepare and
distribute meeting agenda and minutes.
• Monitor all inspection activities, both City provided and any consulted out inspections.
• Coordinate submittal review with the Design Team.
• Coordinate with the City Engineer and other City Departments.
• Document all claims and maintain for account records.
• Coordinate and schedule construction surveying.
• Coordinate testing requirements and scheduling of material testing.
• Review and analyze the Contractor's schedule (monthly) including activity sequences and
duration, schedule of submittal and schedule of delivery for products with long lead times.
Work with the Contractor to maintain the project schedule to show current conditions and
suggest revisions as required.
• Recommend necessary or desirable changes in the Construction Contractor(s) scope of
work. Review and evaluate Contractor(s) request for changes. Negotiate with Contractor and
submit recommendations to the City supported by field data related to any additional work. If
change orders are accepted by the City, prepare change orders for signature and authorization
by the City. Maintain a log of change requests.
• Create and maintain "As -Built" project schedule.
• Review pay requests and provide recommendation for contractor payments.
• Coordinate the transition of the project to the City.
• Provide construction management files to the City.
• Review contract documents, plans and permits.
• Attend field walks and kick off meetings.
• Monitor and enforce construction noticing requirements.
• Maintain field diaries (bound workbooks) during construction, including a cumulative
record of quantities constructed, daily and weekly reports, working day reports, change order
documentation, photographs and other documentation.
• Monitor the Contractor's fugitive dust control plan and ensure the Contractor is using
approved haul routes and they are kept clean.
15
• Ensure compliance with the construction contract by continuously monitoring,
evaluating, approving or rejecting the Contactor's work in accordance with the approved
construction contract documents.
• Determine that the Contractor's work is being performed in accordance with the
requirements of the contract documents. Endeavor to guard the City against defects and
deficiencies in the work. As appropriate, require special inspection of testing, or make
recommendations to the City regarding special inspection or testing or work not in accordance
with the provisions of the contract document whether or not such work is fabricated, installed
or completed.
• Provide and maintain a digital photographic history of the project. Photos will also be
taken of the following:
a. Showing existing conditions prior to construction
b. Disputed work items
C. Work that has to be duplicated, replaced or removed
d. Completed work
e. Extra work
• Record the progress of the project. Provide daily inspection reports, submit written
daily progress reports to the City, including information on the Contractors and the entire
project, showing percentages of completion. -Keep daily logs containing a record of weather,
the Contractor's work on site, number of workers, work accomplished, problems encountered
and other relevant data.
• During the course of construction, maintain one set of plans with markings and
dimensions in red ink to denote field changes or other corrections.
• Maintain copies of all permits needed to construct the project and enforce special
requirements of each.
ENGINEERING SUPPORT
• Provide an initial review and one re -submittal of shop drawings and product data for
conformance to the construction documents.
• Provide plan revisions as required to interpret, clarify or modify the construction
documents as required by the City Engineer.
Phase Four:
Close -Out
• Calculate the amount of final payment due prime Contractor.
Obtain evidence of certification of all lien releases.
16
• Assist the City with filing the project "Notice of Completion."
• Secure and transmit to the City required guarantees.
• Issue the Notice of Substantial Completion and process the Notice of Completion.
• Coordinate any startup requirements.
• Deliver all equipment manuals, special equipment, spare parts, catalogs, and other
materials required by specifications.
• Collect As -Built data from Contractor(s) or design consultants.
• Make recommendation for the release of retention.
17
Exhibit B
Schedule of Compensation
Payment shall be made on a monthly Lump Sum Fixed Fee Basis, in accordance with the Consultant's
Cost Proposal Sheet, attached herewith and made part of hereof, in conformance with Section 2.2 of
the Agreement. Total base compensation for all work under this contract (Construction Management
with General Contractor) shall not exceed Five Hundred and Eighty Thousand Dollars ($580,008)
except as specified in Section 1.6 - Additional Services of the Agreement.
Optional Services # 1
At the sole discretion of the City, it may elect optional services which would include construction
management services with a General Contractor and up to six additional prime contracts per the
Consultant's Cost Proposal Sheet, attached herewith and made part of hereof in conformance with
Section 2.2 of the Agreement. Total compensation for this method of service delivery shall not
exceed Six Hundred and Twenty Four Thousand, Seven Hundred Dollars ($624,695) except as
specified in Section 1.6 - Additional Services of the Agreement.
Optional Services # 2
At the sole discretion of the City, it may elect optional services which would include construction
management services with up to forty (40) prime contracts per the Consultant's Cost Proposal Sheet,
attached herewith and made part of hereof in conformance with Section 2.2 of the Agreement. Total
compensation for this method of service delivery shall not exceed Nine Hundred and Fifteen Thousand
Dollars ($915,036) except as specified in Section 1.6 - Additional Services of the Agreement.
18
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21
Exhibit C
Schedule of Performance
Consultant shall complete all services within 20 months of the date of this Agreement. If the
Project extends beyond this time frame through no fault of the consultant, the consultant will not
be deemed to be in violation of this Agreement as it pertains to this Exhibit.
22
Exhibit D
Special Requirements
None.
23