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HomeMy WebLinkAboutMJS Construction Management & Engineering Inc; 2010-05-13; PWENG763PWENG763 AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR UNDERGROUND PIPELINE CONSTRUCTION (MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC.) "HIS AGREEMENT is made and entered into as of the /*3> day of nct^-/ , 20/fc3 . by and between the CITY OF CARLSBAD, a municipal corporation, '("City"), and MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a construction management & inspection consultant that is experienced in underground pipeline construction for the Normandy Lane Sewer Replacement Project. B. Contractor has the necessary experience in providing professional services and advice related to construction management & inspection. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be nineteen thousand nine hundred sixty dollars ($19,960). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a City Attorney Approved Version #05.06.08 representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Mark Biskup Name Mark J. Sullivan Title Associate Engineer Title President Department Utilities Address 1271 Missouri Lane City of Carlsbad San Diego. CA92109 Address 1635 Faraday Avenue Phone No. 858-201-0027 Carlsbad. CA 92008 Phone No. 760-602-2763 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #05.06.08 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #05.06.08 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (sign here)City Manager or Mayor or Authorized Signatory (print name/title)ATTEST" (e-mail address) here) IZf^o LGfRRAIN(E)M City Clerk (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy CTtyAtto'rn&y City Attorney Approved Version #05.06.08 EXHIBIT "A" SCOPE OF CM&I SERVICES FOR THE NORMANDY SEWER REPLACEMENT Task 1: Preconstruction Services Task 1.1 Project Management Pre-construction Project Management Services are not proposed as a part of this scope. Task 1.2 Design Review Design review services are not proposed as a part of this scope. Task 1.3 Preconstruction Conference The City's construction project manager (CM) shall notify appropriate parties, schedule and conduct the Preconstruction Conference with the contractor. The meeting shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the contractor's questions answered. MJS will attend the Preconstruction conference. Task 2: Construction Services Task 2.1 Contract Administration/Management Contract Administration/Management shall be furnished by the City's construction project manager (CM). MJS will furnish construction inspection as directed by the CM and shall support the CM as may be required. The CM shall be responsible for all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall oversee, perform, and coordinate work included within this scope of work. The CM shall: prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the contractor; review daily inspection notes and identify and resolve nonconforming items; resolve constructability problems; prepare change orders; review and notify the contractor of test results; and investigate claims. MJS will notify the CM of significant problems and discrepancies identified within the field; interpret drawings, specifications and reference standards; monitor construction activities and schedules; coordinate subconsultant testing and specialty services with the CM; coordinate connections and operations with the CM; perform inspections review the contractor's Record Drawings periodically and concurrently with contractor progress payments; and prepare project punch lists. 4/26/10 Task 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following filing of the Notice of Completion. MJS will produce and transmit to the CM field memoranda, daily inspection reports, dates of utility service interruptions, and associate field project correspondence. The CM shall coordinate the processing and distribution of project transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, and all other project correspondence. Task 2.3 Photo Documentation MJS will review the contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Prepare additional videotape and/or photographs to document site conditions as required to supplement the contractor's videotape. Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 2.4 Construction Progress Meetings The CM shall schedule and conduct weekly construction progress meetings with the contractor and the MJS construction inspector. The CM shall provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. The CM shall prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Task 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the project architect and the City's design project manager. The CM will receive, review, process and track contractor submittals. The CM will coordinate the review of all submittals with the Engineer of Work and the City's design project manager. The CM shall provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the contractor's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the architect and City. 4/26/10 CM will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements shall be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. MJS will support the CM's review and processing of submittals as may be required. Task 2.6 Plans and Specifications Interpretation The CM shall review and respond to contractor Requests for Information (RFI) if of a general nature. Technical RFIs shall be submitted to the project architect for response. The CM shall maintain a log of RFIs and provide written clarification to the contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's design project manager and the architect. The CM shall obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. MJS will support the CM's interpretation of plans and specifications as may be required. Task 2.7 Construction Inspection Services MJS will provide part-time inspection as required to assure that the contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The inspectors may not authorize extra work or approve of work that deviates from the contract documents. Task 2.8 Progress Payments MJS will prepare "draft" project-related invoices and progress payments and review them with the Contractor's superintendent and CM. MJS will submit all invoices to the CM with a recommendation stating the proper amount for payment. MJS will use the Schedule of Values and actual quantities as a basis to prepare payment requests. The CM will provide a format for monthly progress payments and shall prepare the formal progress payment. 4/26/10 Task 2.9 Contractor's Claims and Change Orders The CM and MJS will identify, prepare, log, and monitor all contractor or City initiated claims, changes, extra work, and change orders. The CM shall negotiate all claims to an agreed conclusion. The CM shall prepare and process change orders for Contractor and City approval. The CM shall prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. The CM shall prepare written justification and cost estimates for each change order and negotiate costs with the contractor. The CM shall prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. The CM shall resolve claims, extra work, and change orders for changes to the work and obtain City approval. The CM shall provide the lead role and support in resolving claims and disputes. This shall include: written responses to contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by contractor default. MJS will support the CM's efforts to manage contractor claims and process contract change orders. Task 3: Project Closeout MJS will prepare detailed project punch lists at closeout of the project. The CM shall, upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work. MJS will verify work, testing, cleanup and demobilization is complete. The CM shall check and submit final payment requests, two working days after final walk-through. MJS will review and certify that the contractor's project record drawings are complete and accurate. Task 4: Materials Testing and Geotechnical Services Task 4.1 Soils and Compaction Testing Laboratory soils testing and field compaction testing as required to support construction inspection activities during the course of the project will be coordinated by MJS and furnished by the City of Carlsbad. Task 4.2 Materials Testing Construction materials testing as required to support construction inspection activities during the course of the project will be coordinated by MJS and furnished by the City of Carlsbad. Materials testing will be coordinated for, but may not be limited to concrete sampling and testing for sewer manhole construction, asphalt concrete testing for pavement restoration, and associated materials testing. 4/26/10 Task 4.3 Geotechnical Engineering Support As-needed geotechnical engineering support as may be required during the course of construction shall be furnished by the City of Carlsbad. Task 5: Extended Duration Construction Support Services Extended duration and/or increased levels of construction management and inspection services may be necessary to respond to unanticipated conditions encountered during construction. The extent of proposed construction inspection services is based upon the construction schedule furnished within Section 6 of the Contract's General Provisions. Section 6 identifies a Contract Time of 50 working days (10 weeks). Based on our experience on similar construction projects, we anticipate that there will be a four (4) week mobilization and start-up phase involving submittal review, administrative and mobilization activities. During the start-up phase the Contractor will perform limited on-site construction activities. There will then be a four (4) week period of active construction. The Contractor's activities will then diminish during remaining two (2) weeks of the project's close-out. It is recognized that due to the nature of field construction and the highly variable conditions and circumstances that may be encountered, it is very difficult to accurately predict the exact level of construction management services and fee that will be needed. If the construction Contractor is cooperative and the Project proceeds smoothly, a reduced level of effort may be appropriate. Conversely, difficult field conditions or relations with the Contractor, or an extended construction period could require additional effort and fee. For the purposes of this proposal a budget for extended duration and/or increased levels of construction management and inspection services has not been furnished. 4/26/10 CONSTRUCTION MANACtMENT Cost Proposal:Normandy Street Sewer (CIP #5503-2) TASK DESCRIPTION TOTALS_ •^^^^^^H Taskl (MJS) Task 2 (MJS) TaskS (MJS) Direct Costs Task ^^^^H••i^^^^H 1.1 1.2 1.3 2.1a 2.2a 2.3a 2.3b 2.4 2.5 2.6 2.7 2.8 2.9a 2.9b 3.1 3.1 Task/Sub: MJS .^^^^^^^^^^^^^•^^^^^•I^^^^^^^M^H Pre-Construction Services Project Management Pre-construction Design Review Pre-Construction Conference Task 1 - Subtotal Construction Services Contract Administration / Management Reports and Communications Photo Documentation - Video Photo Documentation - Photographs Construction Progress Meetings Shop Drawings (15 Submittals, 5 Resubmittals) Plans and Specifications (10 RFIs) Construction Inspection Services Progress Payments (2 Invoices) Claims & Change Orders (2 COs, 5 Items) Field Engineering & Field Changes (2 Field Changes) Task 2 - Subtotal Project Closeout Project Closeout Task 3 - Subtotal Direct Costs Printing, Mail, Miscellaneous (MJS) Principal Eng. Mark Sullivan HI^^^HI 0 0 2 2 0 0 0 8 0 0 0 0 4 0 2 CM / Sr. Field Rep Jon Kay HH^^^H 0 0 4 8 8 4 8 16 5 5 50 8 16 2 10 ^^••••H^^^^^^^^f ^ ^^^^^^H HOURS__ ••••^•M 0 0 6 10 8 4 8 24 5 5 50 8 20 2 12 FEE (w/ 10% Mark-up ^^^^HI^B $0 $0 $750 $750 $1,230 $960 $480 $960 $3,000 $600 $600 $6,000 $960 $2,460 $240 $17,490 $1,470 $1,470 $250 Principal Eng. CM / Sr. Field Rep 0.0 0 TOTALS TOTAL I 18 144 0 0 0 162 $19,960 'Services are proposed on an hourly rate basis with an associated "Not To Exceed" upper limit. Actual services required or requested may be affected by variables which may not be within the control of MJS.