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HomeMy WebLinkAboutMichael Baker International Inc; 2019-01-10; PSA19-683TRANPSA 19-683TRAN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR MAERKLE RESERVOIR FLOATING COVER REPLACEMENT PROJECT MICHAEL BAKER INTERNATIONAL THIS AGREEMENT is made and entered into as of the / Dib day of \.~~ , 20{'1 by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a ublicA~ized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbao, ("CMWD"), and MICHAEL BAKER INTERNATIONAL, a Pennsylania Corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in construction management and inspection. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD 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 two (2) years from the date first above written. The Executive 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, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 eight hundred thirty eight thousand, four hundred seventy six dollars ($838,476). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version 6/12/18 1 January 8, 2019 Item #4 5 of 19 PSA 19-683TRAN Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version 6/12/18 2 January 8, 2019 Item #4 6 of 19 PSA 19-683TRAN 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive 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. CMWD, 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 CMWD 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 CMWD). $2,000,000 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 CMWD'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. General Counsel Approved Version 6/12/18 3 January 8, 2019 Item #4 7 of 19 PSA 19-683TRAN 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 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD 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. CMWD reserves the right to require, at anytime, 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 CMWD 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 CMWD. 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 CMWD. 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 CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. General Counsel Approved Version 6/12/18 4 January 8, 2019 Item #4 8 of 19 PSA 19-683TRAN 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD Name Title Emily Hasegawa Municipal Projects Manager Carlsbad Municipal Water District Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone 760-602-4763 For Contractor Name Wayne Papac Title Project Manager Address 9755 Clairemont Mesa Blvd. Phone E-mail San Diego, CA 92124 858-810-1406 nwpapac@mbakerintl.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 [g] 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 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. 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 CMWD 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 General Counsel Approved Version 6/12/18 5 January 8, 2019 Item #4 9 of 19 PSA 19-683TRAN Executive Manager. The Executive 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 Executive 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, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD 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, CMWD 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 CMWD 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 CMWD, 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 CMWD 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 CMWD to terminate this Agreement. General Counsel Approved Version 6/12/18 6 January 8, 2019 Item #4 10 of 19 PSA 19-683TRAN 24. JURISDICTION 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, 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 Ill General Counsel Approved Version 6/12/18 7 January 8, 2019 Item #4 11 of 19 PSA 19-683TRAN 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 MICHAEL BAKER INTERNATIONAL, a Pennsylania Corporation JOIJ;v /J l/f;2~15 /y;j), (print name/title) ' CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation of the State of California By: 'i4i'"t ATTEST: By:£& ~KrfL~ (sign here) ~arbara Engleson, Secretary Ave-4ft 4>>a-Lf s:c,;'~l1 (print name/title) If required by CMWD, 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. BREW,ER, Gen ral Counsel General Counsel Approved Version 6/12/18 8 January 8, 2019 Item #4 12 of 19 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ~· County of S (\.Y\. ..u\~1) personally appeared --S-6\\n \\ , \¼., '{'( \ ~ , who proved to me on the basisof satisfactory evidence to be the person($) whose name"'6) is~ subscribed to the within instrument and acknowledged to me that he/s+,c/thsy executed the same in hic/floF/their authorized capacityfiesr, and that by his/flcr/U1c ir signatur~) on the instrument the person~, or the entity upon behalf of which the person(s-1 acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~\~ \ (Seal) I NEVA M. COBIAN ;;: Commission No. 2188922 • z NOTARY PUBLIC -CALIFORNIA ~ <f SAN DIEGO COUNTY I Commission Expires March 31, 2021 ~-~-~ January 8, 2019 Item #4 13 of 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oro-..~ --e. On v ~ e: ~ "'-I L, ~,...... ¢, ;io 1 ~before me, _c_. -~---=~=--'l--+--'-O.,__,_V.:=<..{,&.=f4A~Q_L~_____,,,,c._/J_()'-----~-v--,.-----'-----#7 ---=-p'4------=--t -L-'h'------=c:_=----- Oate Here Insert Name and Title of the Officer personally appeared _____ ~_,_..e._J_..e.._v\. __ /~f_t.-l~~~p ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 87(-e..o vt,<.hA-/ .-C ~ t,u O Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ----~----------Signer's Name: ____________ _ • Corporate Officer -Title(s): ---~""=--[J Corporate Officer -Title(s): ______ _ • Partner -• Limited • General n Partner -• Limited [7 General • Individual • Attorney in Fact ,on.......,.IQ!I • Attorney in Fact • Trustee • Guardian or Conservator • Trustee rdian or Conservator •Other: ______________ _ Signer Is Representing: _________ _ 0 Other: ---------==,,,,,,,,.c-------c-.,--Signer Is Representing: __________ _ ~~~~~~~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 January 8, 2019 Item #4 14 of 19 EXHIBIT "A" SCOPE OF SERVICES Task 1 : Preconstruction Services Task 1.1 Constructability Review PSA 19-683TRAN Perform a constructability review of the project documents. Provide any notations and/or issues to City's project manager and the design team prior to the preconstruction conference. Task 1.2 Project Management Coordinate and meet with the City's project manager and the design team prior to the start of construction. Initiate project activities and provide general project oversight. Establish document control systems and procedures for documenting communications and correspondence. Provide examples of forms that the selected consultant (Consultant) and Contractor will be required to use to transmit and formalize Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, and other official project documents. Task 1.3 Preconstruction Conference 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 requ irements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. Task 2: Construction Services Task 2.1 Contract Administration/Management The Consultant shall be responsible for all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The Consultant shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor per the specifications. The Consultant shall oversee, perform , and coordinate work included within this scope of work, as directed by the City. The Consultant shall: prepare reports, letters and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the contractor; coordinate sub-consultant testing and specialty services; review daily inspection notes and identify and resolve nonconforming items; provide daily construction reports; notify the City of significant problems and discrepancies; interpret drawings, specifications and reference standards; monitor construction activities and schedules; provide schedule reviews; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify the contractor of test results; investigate claims; perform inspections; review the contractor's Record Drawings periodically and concurrently with contractor progress payments; ensure storm water compliance; prepare project punch lists; and other tasks as pertinent to management of the contract. 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 Notice of Completion. Documents shall be furnished in both digital and hard copy format utilizing the project filing structure. 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, General Counsel Approved Version 6/12/18 9 January 8, 2019 Item #4 15 of 19 PSA 19-683TRAN 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 Project Managers and shall include the following elements: a) Summaryof the prior month's main accomplishments and current construction activities. b} Overall Contractor's conformance to contract schedule and qualityrequirements. c) Identification of key problems, action items, and issues. d) Summary of progress payments, change orders, disputes, submittals, RFl's, and Notices of Noncompliance. e) Photographs of representative project activities. 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 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 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 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 The Consultant shall be responsible for processing and monitoring the status of all submittals. The Consultant shall provide cursory review of the Contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the City's design project manager. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the Consultant. Review of the Contractor's construction schedule and monthly updates shall be the sole responsibility of the Consultant with input provided from the design engineer and City. Consultant 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 Consultant. Preliminary lists of initial submittal requirements shall be prepared by the Consultant and issued at the Preconstruction Conference. Task 2.6 Plans and Specifications Interpretation The Consultant shall review and respond to Contractor RFls if of a general nature. Technical RFls shall be submitted to the project engineer for response. The Consultant shall maintain a log of RF ls 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. Obtain and maintain specification referenced standards including: local and regional specifications, General Counsel Approved Version 6/12/18 10 January 8, 2019 Item #4 16 of 19 PSA 19-683TRAN 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 Provide full time inspection to ensure 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 Prepare project-related invoices and progress payments. Submit all invoices to the City's project 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. Task 2.9 Contractor's Claims and Change Orders Identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Negotiate all claims to an agreed contractor/consultanUCity conclusion. Submit 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 cost estimates for each change order and negotiate costs with the Contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. 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 2.10 Storm Water Inspection Services Provide inspection to ensure that the Contractor's work is in compliance with the State Water Resources Control Board (SWRCB) and shall perform all work in accordance with Order No. 2009-0009-DWQ for Waste Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities Construction General Permit (CGP). Prepare National Pollutant Discharge Elimination System (NPDES) reports as required per requirements. Ensure Contractor submits to the SWRCB via the Storm Water Multi-Application, Reporting, and Tracking · System (SMART System or SMARTS). 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. Check and submit final payment requests, two working days after final walk-through. 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