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HomeMy WebLinkAbout2018-08-28; City Council; ; Agreement with Griffin Structures, Inc. to provide construction management and inspection services for the City of Carlsbad Public Safety and Service Center ImprovementsCA Review 1-f 5 ~ CITY COUNCIL \tl? Staff Report Meeting Date: To: From: Staff Contact: Subject: Aug.28,2018 Mayor and City Council Scott Chadwick, City Manager . . Steven Stewart, Municipal Projects Manager Steven.St ewart@carlsbadca.gov or 760-602-7543 . Mickey Williams, Police Captain Mickey.Williams@carlsbadca.gov or 760-931-2260 Agreement with Griffin Structures, Inc. to provide construction management and inspection services for the City of Carlsbad Public Safety and Service Center Improvements. Recommended Action Adopt a Resolution authorizing execution of an Agreement with Griffin Structures, Inc. to provide construction management and inspection services during the design and renovation of the City of Carlsbad Public Safety and Service Center Improvements, Project No. 4715 {Project), for an amount not to exceed $385,500. · Executive Summary Staff requires the assistance of a construction management and inspection firm to review the design-build contract bridging documents for the Project, to help ensure completeness and constructability, and to assist with construction management and inspection servi~es during the Project. City Council authorization of the Agreement is requlred per Carlsbad Municipal Code section 3.28.060{D), as the value for this work is greater than $100,000. Discussion On Aug. 5, 2016, Pacific Architecture and Engineering, Inc. {PAE) was retained to develop programming and bridging documents for the Project. As this work was concluding, PAE's Agreement was amended in June 2017 to include infrastructure upgrades recommended in the Faithful & Gould report of 2012. These updated documents are now complete. Staff requires the assistance of a construction management and inspection firm to review the documents for completeness and constructability, and to provide construction management and inspection services during the Project. On May 22, 2018, staff posted a Request for Proposal {RFP) on the city's website for the solicitation of construction management and inspection consulting services for the Project. On June 20, 2018, six consultant proposals were received and copies were distributed to a selection committee, comprised of staff from the Police and Public Works Departments. Proposal responses were evaluated pursuant to Municipal Code section 3.28.060{A), and each committee member was required to sign a confidentiality agreement to ensure the fairness of August 28, 2018 Item #5 Page 1 of 28 the procurement process. Proposals were evaluated based on (1) adherence to RFP content and submission requirements, (2) depth of firm qualifications and experience, (3) depth of project team qualifications and related experience, (4) project team staffing approach and work plan, (5) client references and (6) experience working for Southern California municipalities. On June 26, 2018, the staff selection committee met to share their independent analyses of the consultant proposals. These evaluations were then tabulated and ranked. The top two firms were invited to an interview on July 16, 2018. Police and Public Works Department representatives participated in the interviews and collectively selected one of the two firms to contract with. Staff recommends the award of an Agreement for construction management and inspection services to Griffin Structures, Inc. for an amount not to exceed $385,500. Fiscal Analysis The Agreement with Griffin Structures, Inc. is for an amount not to exceed $385,500. A total of $7,966,550 has been appropriated for the Project as shown in the table below: CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS, PROJECT NO. 4715 Current Appropriation - General Capital Construction Fund $2,013,500 Current Appropriation – Infrastructure Replacement Fund $5,953,050 TOTAL APPROPRIATION, PROJECT NO. 4715 $7,966,550 Current Expenditures/Encumbrances -$268,551 TOTAL AVAILABLE APPROPRIATION, PROJECT NO. 4715 $7,697,999 Construction Management Services – Griffin Structures, Inc. $385,500 REMAINING BALANCE $7,321,499 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps Staff will direct Griffin Structures, Inc. to begin their review of the Project bridging documents from PAE for completeness and constructability. The documents will be reviewed during the month of October 2018. Staff expects to return to City Council in early 2019 for approval of a contract with the most qualified design-build firm recommended for this work. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d) – restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, involving negligible or no expansion of use. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. 2. Location Map. August 28, 2018 Item #5 Page 2 of 28 RESOLUTION NO. 2018-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH GRIFFIN STRUCTURES, INC. TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DURING THE DESIGN AND RENOVATION OF THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS, PROJECT NO. 4715, FOR AN AMOUNT NOT TO EXCEED $385,500. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that staff requires the assistance of a construction management and inspection firm to review the design-build contract bridging documents for the City of Carlsbad Public Safety and Service Center Improvements, Project No. 4715 (Project), for completeness and constructability prior to advertising a request for proposals, and to assist with construction management and inspection services during the Project; and WHEREAS, the Public Works Department solicited a Request for Proposal (RFP) from consultant firms for construction management and inspection services to review the bridging documents, and to assist with construction management and inspection services during the Project; and WHEREAS, staff has received a total of six responses to the RFP and has conducted a qualifications-based evaluation of the six proposals under Carlsbad Municipal Code section 3.28.0G0(A); and WHEREAS, staff has identified Griffin Structures, Inc. as the most qualified consultant for the Project; and WHEREAS, staff and Griffin Structures, Inc. have negotiated the scope of work and associated fee for an amount not to exceed $385,500 to provide construction management and inspection services for the Project; and WHEREAS, the City Council has determined that adequate funding for the Project currently exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized and directed to execute the Agreement with Griffin Structures, Inc. to provide construction management and inspection services for the August 28, 2018 Item #5 Page 3 of 28 Project, in an amount not to exceed $385,500, which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of August, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) August 28, 2018 Item #5 Page 4 of 28 PSA 19-502TRAN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS GRIFFIN STRUCTURES, INC. THIS AGREEMENT is made and entered into as of the ~~ day of A~\-..b:( , 2018, by and between the CITY OF CARLSBAD, a municipal corpon, ("City"), and GRIFFIN STRUCTURES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in construction management and inspection services. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection services. C. 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 eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional six (6) month 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. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not-to-exceed three hundred eighty-five thousand five hundred dollars ($385,500). 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". 1 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 5 of 28 PSA 19-502TRAN 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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, 2 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 6 of 28 PSA 19-502TRAN 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. 11 . 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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. $ Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11 .2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 7 of 28 PSA 19-502TRAN 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11 .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. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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 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. 14. 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. 15. 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. 4 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 8 of 28 PSA 19-502TRAN 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7543 For Contractor Name Jon Hughes Title Project Manager Address 2 Technology Drive, Suite 150 Irvine, CA 92618 Phone No. 949-497-9000 Email jhughes@griffinstructures.com 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 18. 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 Cootractor. 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 whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 unsatis~actory 5 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 9 of 28 PSA 19-502TRAN 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. 21. 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. 22. 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. 23. 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 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right 6 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 10 of 28 PSA 19-502TRAN 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. 25. 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 nor 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. 26. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 11 of 28 PSA 19-502TRAN 27. 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 GRIFFIN STRUCTURES, INC., a ~e) - CITY OF CARLSBAD, a municipal corporation of the State of California By: ~;:iforni~ .J,,..__ t¾IM.s · V'f> Oe-£adto~ ( rint name/title) By: (si~ [),1'.?'fJ a.J /4A-t-,vo / v lc.g:: f?e?-1 De,-.),r- (print nartle/title) ATTEST: 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: CELIA A. BREWER, City Attorney BY: _cd,_~.et:d:..L=--="-"--...::~=-=--=-------=""----- Deputy City Attorney 8 of 22 City Attorney Approved Version 6/12/18 August 28, 2018 Item #5 Page 13 of 28 EXHIBIT "A" SCOPE OF SERVICES Construction Management and Inspection Services Safety Center Renovations TASK 1: Preconstruction Services TASK 1.1 Scope of Work and Construction Sequence PSA 19-502TRAN Review the project scope or work and provide advise with regard to viable sequence of work possible in an occupied facility based on prior work experience. This Task will involve meetings with Police and Public Works Department staff to determine the best way to require the work to be prosecuted. TASK 1.2 Project Bid Documents Review and provide comments and corrections for the project bid documents which will consist of the City's General Provisions, Supplemental Provisions, Technical Specifications and Appendices, and the project construction plans. Any inconsistencies between the City's General and Supplemental Provisions and the Technical Specifications, Appendices and Construction Documents prepared by the design firm shall be identified. TASK 1.3 Opinion of Probable Cost Review the estimate of probable construction costs prepared by bridging document architect to identify any recommended refinements or modifications that can be incorporated into the final bid documents to ensure that the projects can be constructed within the established budget. The review shall take into consideration area and quantity take-offs applied to labor and material cost, allowances for general conditions, Contractor's profit and overhead, city costs, and contingencies. Prior to final approval of bid documents, review the updated estimate to reflect any changes in cost resulting from design, materials, or quantity changes. TASK 1.4 Design Build Proposal Solicitation Phase Review and provide comments regarding qualifications of short-listed design-build firms based on experience and Statements of Qualification submitted for this project. Assist with preparation of Request for Proposal and discussions with short-listed design-build firms brought in to advise City during RFP development. Participate in panel discussion and selection of design-build firm to be awarded the project. TASK 2: Construction Services TASK 2.1 Contract Administration/Management The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects of Public Works contract compliance, change/claims negotiations and processing, and contract interpretations and enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor per the specifications. The CM shall oversee, perform, and coordinate work included in the scope of services, as directed by the City. The CM shall: prepare reports, letters and memoranda; conduct project meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate sub-consultant 9 of 22 August 28, 2018 Item #5 Page 14 of 28 PSA 19-502TRAN testing and specialty services; review daily inspection notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate connections and operations; perform quality assurance inspections, prepare change orders (including cost estimating services); review and notify the Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. 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 the City's determination of Substantial Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Monthly progress reports shall be prepared and submitted to the City's Municipal Projects Manager and shall include the following elements: a) Summary of the prior month's main accomplishments and current construction activities. b) Overall Contractor's conformance to contract schedule and quality requirements. c) Identification of key problems, action items, and issues. Recommendation for solutions. d) Summary of progress payments, proposal and final change orders, disputes, submittals, RFls, and Notices of Noncompliance. e) Photographs of representative project activities printed and electronically stored. TASK 2.3 Photo Documentation 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 share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities available for review on at least a weekly basis via project management software. 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. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the approved project document management site regularly. TASK 2.4 Construction Progress Meetings Schedule and conduct weekly construction progress meetings with the Contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and 1 O of 22 August 28, 2018 Item #5 Page 15 of 28 PSA 19-502TRAN problems which need resolution, coordination with other Contractors, status of change orders, safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. TASK 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the project bridging document architect and the City's Municipal Project Manager. The CM shall be responsible for processing and monitoring the status of all submittals. 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 bridging document architect and City Municipal Project Manager. 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. CM will log, track, and monitor the bridging document architect, and design build architect's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals which significantly do not satisfy the project criterion shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that 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. TASK 2.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFls if of a general nature. Technical RFls shall be submitted to the bridging document architect and City for response. The CM shall maintain a log of RFls and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the bridging document architect and City's Municipal Projects Manager. 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. TASK 2.7 Construction Inspection Services CM will be responsible for the overall quality assurance of the project and work with City staff responsible for code compliance. Provide full time inspection to ensure that the Contractor's work is compliant with the bridging document project criterion. Prepare daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to bridging document project criterion and provide a timely response. Coordinate and supervise, under subcontract, all special inspections 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 special inspectors may not authorize extra work or approve of work that deviates from the bridging document project criterion. 11 of 22 August 28, 2018 Item #5 Page 16 of 28 PSA 19-502TRAN CM will inspect materials as they arrive on site and verify that all materials and equipment meet project criteria requirements and are properly stored. The CM will inspect the site daily, including any site SWPPP measures, manage special inspectors, and coordinate with any geotechnical and material testing consultants, coordinate with any FF&E vendors and be responsible for the overall quality assurance of the project. TASK 2.8 Progress Payments Review project-related invoices and progress payments. Submit all invoices to the City's Municipal Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments based on the Bid Schedule in the contract. TASK 2.9 Contractor's Claims and Change Orders In accordance with the City's Standard Public Works Contract and Supplemental Provisions, identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the City's Municipal Projects Manager by working to negotiate all claims to an agreed Contractor/CM/City conclusion. Submit resultant change orders to the City for approval. 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. Prepare written justification and independent cost estimates for each change order after negotiating costs with the Contractor. Prepare claims, extra work, and change orders that require design criteria modifications or clarifications, including revisions to the drawings, details, and specifications. Provide the lead role and support to the City 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. TASK 3: Project Closeout Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Two working days after final walk-through, check and submit final payment requests. Review and certify that the Contractor's project record drawings and operation/maintenance manuals are complete and accurate. 12 of 22 August 28, 2018 Item #5 Page 17 of 28 PSA 19-502TRAN the completion of the design, coordinating with the various impacted departments, and working closely with the Design Build Contractor to develop a detailed and comprehensive phasing plan for implementation. It is also during this time that we would he perfonning a constructability review, as evaluating what long lead items might need to be prepurchased. Construction: For this phase of the prqject, we anticipate allocating a full time commitment for Consh·uction l\fanagement as described in Addendum O 1 of the RFP. During this time the Consh,.tction Manager will oversee all aspects of the work, coordinate with all departments, and prmide all the services described in the RFP. For this phase of work we have allocated 1640 hours. Project Closeout: For this phase of service, we are anhnpating a 1 month closeout period where the Conshuction Manager will oversee all aspect of completing the prqject. For this phase we have allocated I GO hours of time. Project Executive: In an effort to bring support to the te;un, and provide insight from other prqjects of similar nature and complexity, we haw also included an allocation of hours for our Prqject ExecutiYe to oversee the prqject for it's entire duration. This will bring a level of support and extended resources to the Constrnction :Manager to insure the City receives the highest level of service. For this level of support we have included 210 hours. Special Inspections and Testing: This scope of service is included as an ALLO\,V ANCE. Given the scope of this prqject, we anticipate the Special Inspections and Testing scope of services lo be relatively modest. That is based on the current assumption that the existing building does not require seismic retrofit, but rather sporadic inspections of modest structural modifications. \~'e also assume that the exterior work listed as an Alternate is not included in the prqject. Of course, as the prqject evolves, and the scope of work becomes more focused, we will work closely with the City to produce a more detailed estimate of services to bring the best value to the City. QUALIFICATIONS AND EXCLUSIONS 1. On-site h·ailer rental, furniture, utilities, and sanitary facilities for our field staff (Project and Construction Management team) are excluded. ~' e assume that offices will be provided as part of the construction site trailer(s) being provided by the City's conb·actor. 2. Costs for all permits required for the project are excluded. It is assumed that the City will pay for all permitting tees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and consh,.1ction the prqject. \,Ve have not included any permit related fees \\1thin our fee proposal. 3. Costs for surveying, constrnction staking, environmental and hazardous materials surveys, and all remediation costs are excluded 4. Sofh\'are licenses or user fees for specific prqject management software being required by either the City, their consultant(s), or conb·actor(s) is excluded. 5. Cost of bulk blueprinting for plans and specifications for use by the contractors ,md subconb·actors is excluded. Funds included in reimbursable expenses are for Griflin printing costs alone. 6. \Vage Compliance Program including Certified Payroll auditing, field interviews, or reporting is excluded. Based on State Law SB 854, it is assumed that the Dept. of lndush·ial Relations (DIR) will Page 2 of 3 14 of 22 August 28, 2018 Item #5 Page 19 of 28 PSA 19-502TRAN manage this effort at the State level. Griffin will enforce the Contractor registration requirements stipulated by the DIR should they he required on this prqject. 7. Independent or third-party testing companies such as Roofing, Peer Re,iews, LEED, or other specialized third-party oversight ser,ices other than those listed herein are excluded. 8. Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage the commissioning process, but we have not included a commissioning agent, nor development of commissioning specifications. 9. LEED Commissioning and LEED Consultant Services are excluded. 10. Hourly rates ;u-e ,·alid through December of 2020 and "ill escalate by CPI annually thereafter. 11. No FF&E or OS&E is included in this proposal. This proposal does include the oversight and management of the FF&E process 12. 2,1-hour ,·ideo surveillance is excluded. rn. Constntclion l'vlanager will review all RFI's, Submit1als, and Substitutions for completeness, approvals lo be executed by the designer or record. 14. For document tracking control, Grillin has included the use of "Submillal Exchange" for managing construction documentation, and based the hours allocated in this proposal accordingly. The cost of "Submittal Exchange'' is included here as a reimbursable expense. 15. Insurance costs are included as a reimbursable expense and ,,ill be billed monthly at the rate or $8 per $1,000. 16. At no cost to the Owner, and suhject to Internal Revenue Code 179d, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax credits to construction manager (Griffin Structures) as may be relevant to 'non-profit' prqjects. 17. CASp review and inspection services are excluded. 18. Eneq,•y efficiency and costing analysis services ;u·e excluded. Page 3 of :-l 15 of 22 August 28, 2018 Item #5 Page 20 of 28 METHOD TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot, ASTM D 2166) Unconsolidated undrained triaxial compression test on cohesive soils (USACE Q test, ASTM D 2850, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, (ASTM D 4767, CU, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated drained triaxial compression test (CD, USACE S test), with volume change measurement. Price per soil type below EM 1110-2-1906(X): -Sand or silty sand soils (per confining stress) -Silt or clayey sand soils (per confining stress) -Clay soils (per confining stress) -Three-stage triaxial (sand or silty sand soils) -Three-stage triaxial (silt or clayey sand soils) -Three-stage triaxial (clay soils} Remolding of test specimens $/TEST 135 170 375 375 500 705 655 875 1,235 65 PSA 19-502TRAN Leighton I Fee Schedule METHOD $/TEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible-wall permeameter with backpressure 310 saturation at one effective stress (EPA 9100/ASTM D 5084, falling head Method C) -Each additional effective stress 120 -Hand trimming of soil samples for horizontal K 60 Remolding of test specimens 65 Permeability of granular soils (ASTM D 2434) 135 SOIL-CEMENT Moisture-density curve for soil-cement mixtures (ASTM D 558) 240 Wet-dry durability of soil-cement mixtures (ASTM D 559) 1 1,205 Compressive strength of molded soil-cement cylinders (ASTM D 60 1633) per cylinder 1 Soil-cement remolded specimen (for shear strength, 235 consolidation, etc.) 1 1 Compaction (ASTM D 558 maximum density) should also be performed -not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING SAMPLE TRANSPORT $/TRIP METHOD $/TEST Pick-up & delivery 85 Theoretical maximum density and specific gravity of HMA 130 (weekdays, per trip, <50 mile radius from Leighton office) (CTM 309/AASHTO T209) METHOD $/TEST Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM 3549) CONCRETE STRENGTH CHARACTERISTICS Rubberized asphalt (add to above rates) +25% Concrete cylinders compression (ASTM C 39) (6" x 12") 25 Compression, concrete or masonry cores (testing only} 40 AGGREGATE PROPERTIES S6 inch diameter (ASTM C 42) Sieve analysis (fine & coarse aggregate, ASTM C 136/ CTM 202) 135 Trimming concrete cores (per core) 20 with finer than #200 wash (ASTM C117) Flexural strength of concrete (simple beam with 3rd pt. loading, 85 LA Rattler-smaller coarse aggregate <1.5" (ASTM C 131/ 200 ASTM C 78/CTM 523) AASHTOT96) Flexural strength of concrete (simple beam w/ center pt. loading, 85 LA Rattler-larger coarse aggregate 1-3" (ASTM C 535) 250 ASTM 293/CTM 523) Durability Index (DI, CTM 229) 200 Non shrink grout cubes (2", ASTM C 109/C 1107) 25 Cleanness value of coarse aggregate (CTM 227) 210 Drying shrinkage (four readings, up to 90 days, 3 bars, 400 Unit weight of aggregate (CTM 212) 50 ASTM C 157) Soundness, magnesium (ASTM C 88) 225 HOT MIX ASHPALT (HMA) Soundness, sodium 650 Compacted AC Resistance to Moist Damage (AASHTO T 283) 2,100 Uncompacted void content -fine aggregate (CTM 234/ 130 AASHTO T 304) Hamburg Wheel, 4 briquettes (modified) (AASHTO T 324) 900 Flat & elongated particles in coarse aggregate (CTM 235/ 215 Gyratory Compaction (AASHTO T 312) 350 ASTM D 4791) Extraction by ignition oven, percent asphalt (ASTM D 6307 150 Percent of crushed particles (CTM 205/AASHTO T335) 135 /CTM 382/AASHTO T308) Organic impurities in concrete sand (CTM 213) 60 Ignition oven correction/correlation values quote Specific gravity-coarse aggregate (CTM 206) 100 Extraction by centrifuge, percent asphalt (ASTM D 2172) 150 Specific gravity -fine aggregate (CTM 207) 125 Gradation of extracted aggregate (ASTM D 5444/CTM 202) 135 Sand Equivalent (CT 217/AASHTO T 176) Stabilometer value (CTM 366) 265 Apparent specific gravity of fine aggregate (CTM 208) 130 Bituminous mixture preparation (CTM 304) 80 Moisture content of aggregates by oven drying 40 Moisture content of asphalt (CTM 370) 60 (CTM 226/AASHTO 1255) Bulk specific gravity -molded specimen or cores (ASTM D 1188/ 55 Clay lumps, friable particles (ASTM C 142) 175 CTM 308/AASHTO T 275) Maximum density -Hveem (CTM 308) 200 20 of 22 August 28, 2018 Item #5 Page 25 of 28 METHOD MASONRY $/TEST Mortar cylinders (2" by 4", ASTM C 780) 25 Grout prisms (3" by 6", ASTM C 1019) 25 Masonry cores compression, S6" diameter (testing only, 40 ASTM C42) CMU compression to size 8" x 8" x 16" (3 required, ASTM C 140) 45 CMU moisture content, absorption & unit weight (6 required, 40 ASTM C 140) CMU linear drying shrinkage (ASTM C 426) 175 CMU grouted prisms (compression test S8" x 8" x 16", 180 ASTM E 447 C 1314) CMU grouted prisms (compression test> 8" x 8" x 16", 250 ASTM E 447 C 1314) Masonry core-shear, Title 24 (test only) 70 BRICK Compression (cost for each, 5 required, ASTM C 67) 40 PSA 19-502TRAN Leighton I Fee Schedule METHOD SLAB-ON-GRADE MOISTURE EMISSION KIT Moisture test kit (excludes labor to perform test, ASTM E 1907) REINFORCING STEEL Rebar tensile test, up to No. 10 (ASTM A 370) Rebar tensile test, No. 11 & over (ASTM A 370) Rebar bend test, up to No. 11 (ASTM A 370) STEEL Tensile strength, S100,000 pounds axial load (ASTM A 370) Prestressing wire, tension (ASTM A 416) Sample preparation (cutting) SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E 605) $/TEST 60 45 100 45 45 150 50 60 EQUIPMENT, SUPPLIES & MATERIALS $/UNIT $/UNIT 1/4 inch Grab plates 5 each Manometer 25 day 1/4 inch Tubing (bonded) 0.55 foot Mileage 0.54 mile 1/4 inch Tubing (single) 0.35 foot Nitrile gloves 20 pair 3/8 inch Tubing, clear vinyl 0.55 foot Nuclear moisture and density gauge 88 day 4-Gas meter (RKI Eagle or similar) 120 day Pachometer 25 day Air flow meter and purge pump (200 cc/min) 50 day pH/Conductivity/Temperature meter 55 day Box of 24 soil drive-sample rings 120 box Photo-Ionization Detector (PID) 110 day Brass sample tubes 10 each Pump, Typhoon 2 or 4 stage 50 day Caution tape (1000-foot roll) 20 each QED bladder pump w/QED control box 160 day Combination lock or padlock 11 each Resistivity field meter & pins 50 day Compressed air tank and regulator 50 day Slip I Threaded Cap, 2-inch or 4-inch diameter, 15 each Concrete coring machine (S6-inch-dia) 150 day PVC Schedule 40 Consumables (gloves, rope, soap, tape, etc.) 35 day Slope inclinometer 200 day Core sample boxes 11 each Soil sampling T-handle (Encore) 10 day Crack monitor 25 each Soil sampling tripod 35 day Cutoff saws, reciprocating, electric (Saws All) 75 day Stainless steel bailer 40 day Disposable bailers 12 each Submersible pump, 10 gpm, high powered 160 day Disposable bladders 10 each Grunfos 2-inch with controller Dissolved oxygen meter 45 day Submersible pump/transfer pump, 10-25 gpm 50 day DOT 55-gallon containment drum with lid 65 each Survey/fence stakes 8 each Double-ring infillrometer 125 day Tedlar® bags 18 each Dual-stage interface probe 80 day Traffic cones (S25)/barricades (single lane) 50 day GEM 2000 130 day Turbidity meter 70 day Generator, portable gasoline fueled, 3,500 watts 90 day Tyvek® suit (each) 18 each Global Positioning System (GPS) 80 day Vapor sampling box 45 day Hand auger set 90 day Vehicle usage Included HDPE safety fence (S100 feet) 40 roll VelociCalc 35 day Horiba U-51 water quality meter 135 day Visqueen (20 x 100 feet) 100 roll In-situ level troll 500 (each) 90 day Water level indicator (electronic well sounder) 60 day In-situ troll 9500, low flow water sampling 150 day <300 feet deep well Lockable equipment box 15 day Well service truck usage 200 day Magnahelic gauge 15 day ZIPLEVEL® 15 day Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 21 of 22 August 28, 2018 Item #5 Page 26 of 28 PSA 19-502TRAN Leighton I Fee Schedule TERMS & CONDITIONS • Expiration: For all classifications except those subject to prevailing wage, this fee schedule is effective through December 31, 2016 after which remaining work will be billed at then-current rates. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. • Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based upon the project advertised date, and changes in California prevailing wage laws or wage rates. Prevailing wage time accrued will include portal to portal travel time. • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technician Special Inspectors or Material Testing Services: 4 hours: Cancellation of inspections not canceled by 4:00 p.m. on preceding day (No charge if cancellation is made before 4:00 p.m. of the preceding work day.) 8 hours: Over 4-hour working day, or begins before noon and extends into afternoon • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project-specific permits and/or licenses, project-specific supplemental insurance, travel, subsistence, project-specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. 22 of 22 • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1 %- percent per month will be charged for late payment. • Client Disclosures: Client agrees to provide all information in Client's possession about Qctual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or , hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are tor soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond ·these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn-around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. · • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client-designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting. 2016 R1/2016 -10 www.leiol1tonorouo.com PAGE4of4 I I ; I ( f } ! I . I t i ; I l August 28, 2018 Item #5 Page 27 of 28