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HomeMy WebLinkAboutCivilSource, Civil Source - 2008-08-04r- Council/Agency Meeting Held: O Deferred/Continued to: )�Appr ved ❑ Conditionally Approved ❑ Denied '.�Cq Cle s Si ature Council Meeting Date: 8/4/2008 Department ID Number: PW 08-33 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBLIC WORK SUBJECT: Approve As -Needed Construction Management Agreements Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires General Construction Management services on an as -needed basis. Funding Source: Funds are available within budgeted capital improvement projects. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Professional Services Agreement with TransSystems for As -Needed Construction Management and S Administrative Support Services for an amount not to exceed $3 million. s'� 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with Dudek, for As -Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. 03- Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with CivilSource for As -Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. 4. Approve and authorize the Mayor and City Clerk to execute Professional Services s�l.� Contracts with IDS Group for As -Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. Alternative Action(s): Approve selected, or none of the agreements and direct staff to request proposals from other engineering firms to complete current and future projects or direct City staff to perform this work. Due to limited availability, using City staff could jeopardize the completion of all projects to be constructed each year. MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-33 Analysis: The City currently has no agreements with firms to provide construction management services on an as -needed basis. Contract assistance has been project specific construction management agreements or as -needed civil engineering consultants. Construction management is a specialized function in completing capital projects, and as -needed services provide the most flexibility for the city. The proposed new agreements each allow for a five- year contract term with a total budget not to exceed $3 million per firm. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from interested firms. Proposals were rated by experience and ability to provide services on an as -needed basis. Four qualified firms were selected. It is to the City's benefit to retain qualified firms for capital project construction management. Project assignments are rotated among the consultants, taking advantage of their various specializations. The alternative to as -needed construction management agreements is the preparation of request for proposals and requesting proposals for individual projects. With over 50 budgeted projects to complete over the next two years; the as needed process provides significant savings in staff hours. Public Works Commission Action: Not required Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. C-2 Provide quality public services. Environmental Status: Not applicable Attachment(s): 1. 1 Professional Services Contract with TransSvstems ��,� 1 2. 1 Professional Services Contract with Dudek Professional Services Contract with CivilSource 4. 1 Professional Services Contract with IDS Gro -2- 7/15/2008 5:25 PM ATTACHMENT #3 L-- I City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK August 14, 2008 CivilSource Attn: Amy Amirani 500 Wald Irvine, CA 92618 Dear Ms. Amirani: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and CivilSource for As -Needed Construction Management and Administrative Support Services. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement Qfollowup:agrmthr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIVILSOURCE FOR AS -NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and CIVILSOURCE, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as -needed construction management and administrative support services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Amy Amirani who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 08-1650/23296 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on DV. A009 (the "Commencement Date"). This Agreement shall automatically terminate five (5) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than June 30, 2013 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Million Dollars ($3,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 08-1652/ email 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 08-1650/23296 3 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 08-1650/23296 4 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all 08-1650/23296 5 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and ,evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 08-1650/23296 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. . CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Eric R. Charlonne 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: CivilSource Attn: Amy Amirani 500 Wald Irvine, CA 92618 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 08-1650/23296 7 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 08-1650/23296 8 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 08-1650/23296 9 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this 08-1650/23296 10 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CIVILSOURCE, a California corporation By: Arc' print name ITS: (circle one) Chairm residen ice President AND By: d!/loju AAA /"A10 print name ITS: (circle on ecretar)Chief Financial Officer/Asst. Secretary -Treasurer 08-1650/23296 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California AA F A Mayor tiCity Clerk I INITIATED AND APPROVED: Director of Publi Works REVIEWS A D A PROVED: City Admini ator APPROVED AS TO FORM: ^ r Ci y Attorney ' 02, EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide construction management and administrative support services for various City capital improvement construction projects such as sewer lift stations, roadway rehabilitation, new park developments and waterline projects on an "as - needed" basis. Due to the fact that some of the City projects will be funded by Federal or State grants, CONSULTANT must comply with requirements of Caltrans' Local Program Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As -Needed Construction Management and Administrative Support Typical Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish a scope of work request for each project assigned. 2. Furnish construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. jmp/contracts group/exA/6/10/08 1 of 1 EXHIBIT A.1 Typical Scope of Work City of Huntington Beach Construction Management and Administration Services For City Capital Construction Projects 1.0 Project Description: This scope of services is to provide the typical construction management and administration services for various City Capital Improvement Projects. The following are the typical services and producibles anticipated for these projects, 2.0 Pre -Construction Services 2.1 Attend the pre -bid meeting. 2.2 Perform Constructability Reviews on 75% complete designs (this will be a separate fee request, as needed) 2.3 Perform a thorough review of project design 100% design documents to become familiar with the project: 2.4 Prepare the Construction Management Procedures Manual for each assigned project. 2.5 Establish project filing and other record keeping systems. 3.0 Mobilization 3.1 Pre -Construction Meetinc. Schedule, notify appropriate parties, and conduct an initial pre -construction meeting with the Contractor, Prepare and distribute pre - construction minutes to attendees and other parties. The pre -construction meeting shall cover, as a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility. relocations, local agency permit requirements, requests for clarification, progress payments, change orders, safety issues, emergency response requirements, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. Collect from the Contractor the submittal items required to be submitted at the pre -construction meeting. 4.0 Correspondence, Reports, and Other Forms of Communication 4.1 Document Standards. Prepare project correspondence and other . forms of communication in accordance with industry standard document control and management procedures. Page 1 4.2 Document/Tracking Control. Manage the receipt, logging, control, tracking, and timely processing of project documents, including correspondence and other forms of communication, technical documents, shop drawings, calculations, data, submittals, manuals, and samples received as part of the construction process, non-compliance, work to be completed, and other tracking logs as requested. 4.3 Records. Maintain records of inspections, reports, and test results received from the Contractor, Design Engineer, manufacturers, and others. 5.0 Site Conditions and Progress Visual Documentation 5.1 Pre -Construction Video. Coordinate and review the Contractor's videotape of pre - construction site conditions prior to beginning any construction operation. Confirm existing conditions within the limits of the work in adjacent areas and along access and haul roads, The Contractor's documentation shall clearly depict the pre-existing conditions of public and private improvements, including, but not Iimited to, street, drainage, utilities, landscaping, and irrigation improvements. Compare Contractor's pre -construction site surveys to the site surveys performed under this scope of work. Note any discrepancies and resolve issues. Describe in memorandum, submitted prior to the beginning of any construction operation, pre-existing damage identified within the limits of work and along access and haul roads. Meet with owners of pre-existing damage to document and confirm existing conditions. Document any damage to public and private improvements incurred during construction operations and meet with owners immediately following discovery of damage to resolve repair requirements and responsibilities. 5.2 Progress and Other Photos. Maintain a digital photographic library of significant construction activities. Include new piping and structures, relocated utilities, and connections to existing facilities. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate photographs taken by others into the overall photo documentation record of the project. 6.0 . Meetings 6,1 Weekly to Monthly Construction Progress Meetings. Schedule and conduct 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, submittals and RFIs, safety issues, OSHA visits and citations, and other topics. Identify action items and assign responsibility for the action and date action is to be completed. Prepare minutes of the meetings and include identified action items. Review the meeting minutes with the Contractor and obtain the Contractor's concurrence with the content. Distribute the minutes to the attendees within five calendar days of the meeting. 6.2 Other Meetings. Attend other construction -related meetings as requested by the City. Page 2 7.0 Shop Drawing and Submittal Reviews 7.1 Submittal Reviews. Review each submittal received from the Contractor for conformance with the requirements of the drawings and specifications. Check each submittal against the Contractor's schedule for potential impacts. Coordinate required reviews of submittals with the Design Engineer and the City. Submittals of a general nature are to be reviewed and processed by the Design Engineer, Distribute submittals to appropriate reviewers with dated transmittal letters. 7.2 SubmittaI Log and Status of Submittals. Log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the Contractor. Update the submittal log as items are received and responses given. Prepare weekly exception reports identifying outstanding submittals and reviews. Review with the Contractor the status of submittals at the weekly construction meeting using the submittal log and the master submittal list. 8.0 Plan and Specification Interpretation and Control 8.1 Requests for Information M. Coordinate the RFI log. Review and respond to Contractor RFI. Make every effort to review and provide appropriate response to RFI prior to involving the Design Engineer. Distribute RFI to appropriate staff and coordinate timely response. Review answers and prepare formal response to Contractor within five calendar days of receipt of response, or as needed to meet schedule requirements. Respond in writing to Contractor questions from a reasonable review of the drawings and specifications for clarification items. Record changes in the record specifications and plans. 8.2 Requests for Changes in Design. Review and respond to requests for design revisions by the Contractor. Responses to requests for design revisions require prior written approval from the City and/or Design Engineer. Revisions in design may take the form of value engineering (VE) and shall require extensive research, evaluation, and recommendation from the Design Engineer. Provide written recommendations, as required. 8.3 Field Orders. Initiate and review field orders when a change in the work is needed to maintain the design intent. Issue the field order to the Contractor and monitor the work for compliance. Track the issued field orders in a log. Record the changes in the record specifications and plans. If required, follow-up with a change order within 14 calendar days of mutual agreement with Contractor on pricing and conditions. 8.4 Substitution Requests. Coordinate evaluation of "or -equal" or product substitution requests with the Design Engineer, the City, vendors, manufacturers, and others. Prepare evaluation and recommendation for "or -equal" or product substitution request. 8.5 Record Drawings and Specifications. Update continually the plans and specifications as the work progresses. Incorporate modifications and changes from all sources, such as submittals, RFI, VE, field orders, extra work, and Page 3. change orders. Compare the record drawings and specifications with the Contractor record drawings and specifications monthly. 9,0 Construction Management Administration and Staffing 9.1 Mana gment. Oversee, perform, and coordinate construction management services as required by the progress of the work. Prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor (City to process through Risk Management); coordinate subconsultants, testing, and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies; interpret drawings, specifications, and reference standards; monitor construction activities and schedules; 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 project record drawings periodically and concurrently with Contractor progress payments; prepare project punch lists; and all other duties related to construction management as requested by the City. 9.2 Resolution of Day -to -Day Construction Issues. Lead resolution of day -today construction issues raised. Coordinate with the City, Design Engineer, and Contractor on technical issues and concerns, as well as interpretation of the design documents. Interface with the Design Engineer for resolution of technical issues, processing of change order requests or design changes to suit actual conditions encountered in the field 10A Progress Payments 10.1 Monthly Review, Conduct monthly schedule and progress payment meetings with the Contractor and coordinate and update the record drawings at this meeting. The result of the meetings shall be the progress payment estimate and the baseline schedule. Coordinate the review of the Contractor's monthly progress payment request with City staff and prepare a recommendation stating the proper amount of payment. Use the Schedule of Values and actual quantities installed as a basis for the recommendation. 10.2 Prepare monthly progress reports, of 6 to 10 pages, for City staff. 11.0 . Change Order Management 11.1 Identify and Track Changes. Identify and track potential changes to the work. Prepare, log, and monitor Contractor or City initiated changes to the work, extra work, and change orders. 11.2 Requests for Cost Proposals. Request cost proposals from the Contractor for extra work and negotiate final cost. 11.3 Justification of Extra Work or Change. Prepare written justification and cost estimates for each extra work or change item. Justification shall include a Page 4 statement of the extra work or change; background leading to issue; resolution alternatives and resolution recommendation for action by the City. 11.4 Prepare Change Orders. Prepare and submit change orders in the City's format to the City for written approval within seven calendar days of the finalization of negotiations. 12.0 . Claims Management 12.1 identify and Track Claims. Identify, prepare, log, and monitor Contractor potential claims. Report verbal and written claims immediately to the City. Coordinate claims with the City's Project Manager, Risk Manager, and General Counsel Office, 12.2 Resolution Alternative. Prepare written explanation of each claim with full background of issues, proposed resolution alternatives, and resolution recommendation for action. 12.3 Negotiate and Resolve Claims. Assist and support the City in resolving claims and disputes, including written responses to Contractor and private parties, giving depositions, assisting with dispute resolution, 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. Negotiate claims to an agreed conclusion. 12.4 Private Party Claims. Investigate claims for damages by private parties and respond in writing within two calendar days of receipt of the claim. Coordinate the written response with the City's Project Manager and Risk Manager, 13.0 Quality Assurance 13.1 Inspection of the Work. Provide inspections as necessary to ensure that materials and workmanship are in compliance with the contract documents. Coordinate delivery, inspect for defects or missing parts, and oversee recording the receipt and storage of equipment. Inspect construction activities, which are identified in the contract documents to be performed at night, weekends, and/or holidays. 13.2 Reports. Prepare reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, noting delays in work. and reasons for the delays, and deficiencies. Prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. Page 5 13.3 Revisions to Contractor's Methods. Discuss appropriate revisions to the methods and procedures used in performing the work. Inspectors may not authorize extra work or approve of work that deviates from the contract documents. Any deviations must be authorized through the RFI process. 13A Deviations in the Work. Advise the City's Project Manager and the Contractor of deviations in the work and document any deviations. Record deviations that are not corrected and immediately deliver a Notice of Non -Compliance to the Contractor. Perform necessary follow-up to resolve Notices of Non -Compliance. Include unresolved Notices of Non -Compliance on substantial completion punch lists. 13.5 Pipeline Shutdowns. Coordinate necessary pipeline shutdowns, with City staff, to complete connections to existing facilities. 14.0 Geotechnical Engineering and Material Testing Services (by the City) 14.1. General Requirements. Schedule sampling, material testing, and laboratory services in accordance with the methods prescribed in current standards of the American Society for Testing and Materials (ASTM). The standards shall be applicable to the class and nature of the articles or materials under review unless otherwise stipulated in the project specifications, or authorized in writing by the City, The City will hire the Geoteehnical Engineer for each project 15.0 Landscape and Revegetation Inspection (by the City) 15,1 General Requirements. Verify that inspection, sampling, and testing of landscape, irrigation, and revegetation systems to ensure contract compliance of all work and the establishment of all planting to the standards, quality, and density required of the contract documents. 15.2 Landscape Inspection and Testing. Verify that inspections and testing of irrigation systems for proper placement, installation, bedding and backfill, leakage, and coverage. System components to be inspected will include mainline and lateral irrigation pipe, valve manifold assemblies, backflow devices, quick couplers, and irrigation equipment. Receive and review all soil report data and soil amendment and fertilizer slips for conformance with contract documents. 16.0 Startup, Closeout, and Acceptance Services 16.1 Qperation Testing Plan. The operational testing plan shall be developed in consultation with the City, Design Engineer, Contractor, and all appropriate vendors, Review and recommend the operational testing plan. Coordinate the testing of the equipment and facilities with the City, and assist Contractor's personnel as required during the startup phase. Page 6 16.2 Punch List. Prepare detailed project punchlists at substantial completion of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City and other parties. Provide certification of Contractor's compliance on work items specifically requested by the City. Verify that work, testing, cleanup, and Contractor demobilization are complete. 16.3 Final Walk -Through. Schedule, coordinate, and conduct a final walk-through and project review prior to the acceptance of work with the City. 16.4 Recommended Acceptance. Recommend acceptance of the work in writing in preparation for issuance of the Certificate of Substantial Completion and/or Notice of Completion. 16.5 CIosina Out Contract. Take the lead in negotiating and closing out the construction contract, Prepare the memorandum to the City recommending acceptance of the project and the Notice of Completion. 16.6 Final Project Records and Documents. These records must be turned over to the City upon completion of the project 17.0 Post Construction 17.1 Operations and Maintenance Materials. Deliver the Operations and Maintenance Manuals and any spare parts and equipment upon acceptance of the project by the City. 17.2 Record Drawings Certification. Review and certify that the Contractor's project record drawings are complete and accurate. Provide the drawings to the Design Engineer. 17.3 Final Payment. Recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements. Verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. 18.0 Extended Services (by separate fee request) 20.1 Extended Services. Provide other miscellaneous specialty services as required during construction. Miscellaneous specialty services, which may be required, include, but are not limited to: mechanical, electrical, structural, and civil supplemental engineering design; witness testing; factory inspections; and noise and air quality monitoring services. .. Page 7 EXHIBIT A.2 Construction Manamement & Administrative Scope of Work CivilSource understands the complex issues facing local agencies from project implementation thru construction completion. Our team consists of experienced public works professionals who possess the ability and knowledge to methodically support City staff in minimizing the complexity of these issues. We are equipped with first hand knowledge of municipal practices and procedures and are extensively familiar with government processes ranging from resident notifications to Board or City Council reviews. The CivilSource project management team has the size, depth, and experience to be able to commit the necessary personnel to meet your schedules and deadlines. We are represented by highly experienced construction professionals who have proven tract{ records managing the construction of City projects. In the short time since CivilSource's inception, we have already been and continue to be successful in supporting other local cities by providing project administration, construction management and inspection services. We are proud of our expertise and are committed to exceeding our client's needs and reducing the quantity of work they face by maintaining the quality of ours. The CivilSource project team has reviewed the Scope of Work as outlined in the Request for Proposal. CivilSource views construction management not simply as a list of tasks grouped by category but a sequential and thorough process in which we have identified four phases: preconstruction, project start-up, construction and close-out. We will provide all tasks listed in the RFP and any of the the following additional tasks we feel may be required to meet the project objectives. PRE -CONSTRUCTION PHASE SERVICES The success of a construction project is most often determined during the planning and design stage. Selecting a Construction Manager to provide preconstruction services in the early stages of the project enables the Architect/Engineer to maximize the improvements while maintaining the integrity of the design. As a part of our construction management program, CivilSource can provide early analysis of the price of various design options, which allows the Architect/Engineer and Owner to select the appropriate systems to fit within their program and budget. Estimates and a project schedule are developed early in the design and refined as the design progresses. As design details are developed, constructability reviews are conducted which are essential elements of project planning that help to ensure the success of the project once it gets to the Construction Phase. This review process is continuous from the Conceptual Phase of the design through the completion of construction documents. CivilSource has a proven track record of providing Preconstruction services through the planning and design phases of a project. We have the experience and expertise to assist the owner and architect/engineer in developing an overall design and construction plan which meets the specific needs of the project by providing: Value Engineering Analysis Project Schedule Preparation System Analysis Continuous Interactive Communication Accurate Early Estimates of Cost Constructability Reviews Early Purchasing Our tasks can include the aforementioned items and will include Bid/Award coordination, thorough review of 100% design documents, preparing Construction Management Procedures Manuals, establishing project files, and other tasks that are undertaken in the Pre -construction Phase. PROJECT START-UP, COORDINATION, AND ORIENTATION PHASE This brief phase is essential to establishing communications, setting protocols, and building the procedural framework for the project. In particular, we establish communications between the project team, including the construction management team, City staff, the engineering design team, the Contractor, utility companies, and other essential parties at interest, to the resolution of construction issues. The following discussion reiterates some of the key tasks during this phase and briefly explains our approach. • Review funding with the City of Huntington Beach to affirm the special requirements affecting the work, and identifying accounting and reporting requirements that will be followed. • Review project plans and conduct a field review to become familiar with the project requirements, and notify the City of any design ambiguities. CivilSource will attend all field review meetings and prepare field review reports. Develop a project specific management plan, that outlines the procedures for all team communications, reporting, review and approval of critical submittals, protocol for weekly meetings, distribution of documentation, change order procedures, and other necessary procedures in order to streamline the project. We will ensure there is buy -in from all project members prior to the start of construction. �,� ��1� ;�¢�������' �i�i� 1 • Establish and ensure implementation of a coordination plan to coordinate work (e.g. utility facility relocations) and work impact (e.g. traffic and -, access) with all affected agencies including utilities, police and fire departments, home owner associations and special districts. CivilSource will conduct all necessary coordinating meetings with City staff, design engineer, contractor, subcontractors, utility companies, and other agencies as required. Coordinate and conduct a pre -construction meeting and prepare meeting minutes for distribution. The pre -construction meeting will cover, as a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values, submittal procedures, correspondence, utility relocations, local agency permit requirements, RFQ/RFI processes, progress payments, change orders, safety issues, emergency response requirements, and all other pertinent topics. CivilSource will provide opportunities to have the Contractor's questions answered and will collect all of the required submittal items at that time. • We recommend the City requests that the Contractor perform a Contractor's Constructability review prior to the start of construction. This review will identify many RFI's that would be submitted during the course of construction. By doing this upfront, each issue can be addressed without the time pressures that only increase later as the project progresses. • Prepare for and deliver to the City, with input from the Contractor(s), an overall site logistics plan. This plan will outline items like staging, phasing, circulation for public access to and from businesses and neighborhoods, fire department access during construction, delivery path of travel, public safety concerns, and signage required during construction of the project, and other necessary information in order to create an efficient and safe project site. • Review the Contractor(s) bonding and insurance information to ensure compliance with City requirements. • Review Contractor(s) Safety Program for compliance with City standards as well as any OSHA regulations. Recommend Contractor(s) submit "site Specific" safety plans that identify the risks and liability arising from specific operations relating to the two projects. EXHIBIT A.2 Construction Management & Administrative Support for G Scope of Work CONSTRUCTION PHASE Approach to Tasks CivilSource will focus on the daily tasks that are required to ensure the Contractor is executing the work according to the accepted CPM baseline schedule, the design team is responding in a timely manner, the budget is maintained, and the City is informed and involved on all decisions and aspects as the project is delivered. Timing is critical and expedient managerial procedures will be a key factor for staying on schedule and within budget. The following discussion reiterates some of the key tasks to be performed in the Construction Phase, and briefly explains our approach. Construction Management • Work as an extension of City staff. CivilSource will serve as an extension of the City staff on this project. This is our accustomed method of working and the best way both to ensure a close working relationship and to assure all City objectives are fully met. Coordinate weekly progress meetings with City staff and the Contractor to update the status of the project. CivilSource will discuss the schedule, near -term activities, clarifications and problems which need resolution, coordination with other contractors, change order/submittal/RFI status, safety issues, OSHA visits and citations, etc. Coordination shall also include preparation of agendas and meeting minutes. Meeting minutes will be distributed to the Contractor and City Staff for comments within three days and the final and approved minutes within two working days of receipt of comments. Provide project coordination for project control during the construction period. We will monitor the contractor's work progress, personnel, equipment and materials to ensure that adequate resources are available to meet the project schedule and that the contractor's work is in compliance with the contract documents. Coordination will include ensuring that City activities (such as bus routes, street sweeping and trash pick-up) and responsibilities are addressed and appropriately scheduled so as not to affect the progress of the work. We will represent the City's interests among the contractor, subcontractors, utility companies, state inspectors, businesses and the general public. CivilSource will maintain the ability to communicate via telephone, fax and e-mail from the project site. • Maintain record drawings and documents on -site. CivilSource will require the Contractor to maintain an updated set of drawings, specifications, addenda, bulletins, change orders, or other document updates at the jobsite. Updates shall incorporate modifications and changes from all sources such as submittals, RFIs, field orders, etc. As a condition of approving the monthly application for payment, we will review the record drawings and documents on - site to ensure updates are being provided in a timely manner. Submit written progress reports to City. On a monthly basis, we will generate written progress reports that document all aspects of the project's progress, including daily reports, schedule, budget, executed and potential change orders, changes in traffic control for the upcoming work, submittal status, consultant performance, payment application status, labor compliance, safety, list of all failed tests to date, list of all claims to date, list of all accidents to date, status of current RFI's and other information deemed necessary for the City's benefit and information. The report shall also include progress photographs and a 4-week look ahead. • Process Requests for Information (RFI) and ensure timely distribution to and response by appropriate project team members (City staff, Engineer, other agencies). Response to RFIs shall take no longer than 7 calendar days. We will coordinate all technical support and constructability reviews during preparation of responses to RFIs and maintain an RFI log to track closed and outstanding RFIs. The RFI log shall be updated weekly at a minimum, and reviewed at weekly progress meetings. • Ensure an efficient submittal process, beginning with the contractor submitting a submittal schedule for review EXHIBIT A.2 Construction Manaeement & Administrative Scope of Work within 10 calendar days after the effective date of the construction contract. CivilSource will provide technical support during review of the submittal schedule (and at a minimum weekly thereafter) to ensure compliance with the contract documents and note any matters of concern to the City, such as potential impacts to schedule. We will monitor, process, and forward for approval all submittals and ensure timely distribution to and review by appropriate project team members (City staff, engineer, and other agencies). Submittal reviews shall take no longer than 30 calendar days after submittal is received. It shall be our responsibility to verify, prior to final approval, that any changes or revisions to submittals do not result in changes to the contract scope of work. We will also log, track and monitor all submittals and update logs as items are received and responses given. Review and recommend for approval the contractors' CPM baseline schedule which shall be submitted for review within 10 calendar days after the effective date of the construction contract; and upon review and acceptance, will be adopted for the remainder of the project. The Contractor shall not be allowed to start construction work prior to the acceptance of a baseline schedule. We will monitor work progress in accordance with this baseline schedule on a daily, weekly, monthly basis to ensure the Contractor maintains all milestone and critical -path dates. Indicated slippage will be addressed during the project meetings and written reports. We will require the Contractor to provide an updated construction schedule monthly at a minimum for review at weekly progress meetings. • Ensure that contractor submits a Schedule of Values (SOV) for review within the specified time in the contract documents. We will confirm that the submitted SOV are in compliance with the contract documents. • Review and respond to requests for design revisions by the contractor. CivilSource will provide recommendations and forward all responses for approval to the City and/or design engineer prior to transmitting to the Contractor. • Coordinate evaluation of substitution requests. CivilSource will coordinate evaluation of "or -equal" or product subtstituion requests with the design engineer, City, vendors, manufacturers and others. We will prepare evaluation and recommendations for "or -equal" or product substitution requests. • Initiate and review field orders when a change in the work is needed to maintain the design intent. We will issue field orders to the Contractor and monitor the work for compliance. Changes will be logged and recorded in the record specifications and plans. If required, we will follow-up with a change order within 14 calendar says of mutual agreement with the Contractor on pricing and conditions. • Review and evaluate Contractor change orders. CivilSource will act on behalf of the City and receive, evaluate, negotiate, and recommend for approval any change orders that are submitted. We will use our expertise in evaluating change orders by applying knowledge of prevailing wage rates, material unit cost guide publications, quantity take -offs, or other measures required in order to substantiate and/or negotiate change orders. We will provide easily accessible change order information by maintaining a Change Order log that tracks executed and potential change orders and monitors the amounts against the total construction contract. The log shall be updated weekly at a minimum, and reviewed at weekly progress meetings. CivilSource will not direct the contractor to proceed with any change order work without a fully executed change order or prior written authorization from the City. • Create and maintain a daily account of all construction activities. We will request, review, analyze, and use for reporting, the daily construction reports as generated by the Contractor(s). This will be a vital source of information for identifying and reviewing potential delays, weather impacts, labor shortages, untimely deliveries of long lead items, and other factors that can lead to schedule and cost impacts. Adverse findings will be included as discussion in weekly meetings with all project team members. • Perform weekly progress photos and a video survey at project initiation. CivilSource will perform and require the Contractor to perform, and will review for completeness and quality, the essential photographic logging as required in this project. Documentation will be used for monthly reporting to City, updates for informational websites, and EXHIBIT A.2 Construction Management & Administrative S Scope of Work documentation for any potential claims by Contractor. Photos and a video survey will also ensure that the site is returned to its original condition at the end of the construction period. • Oversee the Contractor Quality Assurance and Quality Control Program. This is very important to the success of any project. We will establish a protocol with the Contractor for monitoring the installed work on a day to day basis for compliance. We will require that the Contractor submit a project specific QA/QC program that specifically outlines critical issues regarding the components or systems of the project. We will also require the Contractor designate an on -site team member as the QA/QC manager, and that this individual be responsible for conducting walkthroughs to perform period checklist to ensure all work complies with the QA/QC manual. Any deficiencies will be documented and all remedial work will be managed by CivilSource and the necessary consultants. • Review, and forward for approval, the Contractor Payment Applications. CivilSource will conduct the monthly "pencil draft" with the contractor to review the progress to date and verify that payment applications represent work in place and are in compliance with the accepted Schedule of Values and the requirements of the construction documents. Once the payment applications are reviewed and approved, and once we have verified that the contractor's record drawings are current, the construction schedule is updated, and weekly certified payroll reports are submitted, we will forward to the City for approval. • Collect and review certified paw. CivilSource will ensure all certified payroll reports are submitted each month with the payment applications. We will use our in-house expertise to review these reports, verify payroll amounts against wage reports, and then submit to City for filing. Administration CivilSource will maintain all project documents in an organized manner to provide for efficient document control. • Project correspondence and forms of communication will be prepared in accordance with industry standard document control and management procedures. New location for Heil Pump Station • We will manage the receipt, logging, control, tracking, and timely processing of project documents, including correspondence and other forms of communication, technical documents, shop drawings, calculations, data, submittals, manuals, and samples received as part of the construction process, non-compliance, work to be completed, and other tracking logs as requested in the City's RFP. • Records of inspections, reports, and test results will be properly maintained. • Insurance requirements will be monitored and tracked and updated insurance certificates obtained from the Contractor Inspection Detailed and accurate inspection of the contractor's work is required for successful project competition. Our Resident Inspector and will discuss any appropriate revisions to the Contractor's methods and coordinate with the City's project manager and inspector at all times that work is progressing. • Perform daily field and quality control infections of the Contractor's work, submittals, and construction materials to ensure all conform to the contract documents, City codes and ordinances, "Greenbook" Standard Specifications and all other applicable codes and regulations. Health and safety measure will be strictly enforced to maintain a safe construction environment. EXHIBIT A.2 Construction Manazement & Administrative S Scope of Work • Coordinate the work of the soils and materials testing and inspection services. We understand that the City will hire the Geotechnical Engineer for each project. • Coordinate the work of landscape and vegetation Inspection. We understand that the landscape and vegetiation inspection will be conducted by the City. We will, however, verify the inspection, sampling, and testing of landscape, irrigation and revegetation systems. We will also verify inspections and testing of irrigation systems for proper placement, installation bedding, backfill, leakage and coverage. • Ensure compliance with environmental regulations. The inspector will confirm that the contractor is in full compliance with the Clean Water Act and require that the Contractor provide and maintain at all times during construction devices to promptly remove and dispose of all water entering the work area. We will monitor work to ensure full compliance with NPDES regulations and coordinate all other environmental compliance monitoring as required. • Prepare daily reports detailing work completed and/or other activities for each day the contractor performs work. Daily reports will be kept in a bound notebook and will state at a minimum the date, weather conditions, progression of work, materials used, and subcontractors, equipment and employees on site. We will also prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. Notices of Non -Compliance will be immediately delivered to the Contractor for any and all deviations. • Coordinate pipeline shutdowns, if necessary, with City staff to complete connections to existing facilities. • Ensure submittal and implementation of a traffic control plan that is in accordance with the latest "Work Area Traffic Control Handbook" (WATCH) manual requirements, the City's requirements, and the contract documents (Section 7-10 of the Special Provisions). CLOSE-OUT PHASE CivilSource will receive, review and approve all Contractors closeout documents, tools and other turnover items as required in the project contract documents. We will coordinate and attend a final acceptance inspection, assist in the preparation of punch list items, and attend any additional meetings required as part of the project closeout. We will coordinate with city departments, other public agencies, utility companies, and other interested parties in the final closeout of the project, prepare a final report for staff and turn over all project documents and other information related to the project including: the complete project files, all photos on DVD, and red -lined as -built plans. CivilSource is committed to executing an expedient close-out schedule. We have had considerable success in outlining the requirements during the initial start of construction and monitoring progress on a monthly basis with milestones. Our philosophy on such projects is that "Close -Out starts during Pre -construction." Our efforts will begin up -front, to outline and anticipate all project close-out deliverables including as-builts, warranties, O&M manuals, attic stock, training classes, and other components required by the City. Financial close-out is a separate critical activity, and it is best to have the Contractor negotiate final contract amounts once their subcontractors' scope of work is complete. This prevents subcontractors from having an extended amount of time which might cause unsubstantiated change orders or claims. The following discussion reiterates some of the key tasks to be performed in the Close -Out Phase, and briefly explains our approach. ® Operation Testing Plan. CivilSource will develop an operation testing plan in consultation with the City, Design Engineer, Contractor and all appropriate vendors. We will also coordinate the testing of equipment and facilities with the City, and assist Contractor's personnel as required during the startup phase. EXHIBIT A.2 Construction Management & Administrative S Scope of Work Substantial completion. CivilSource will oversee issuance and confirm the achievement of the Certificate of Substantial Completion. We will conduct a walk-thru with the engineering design team and City staff member to ensure beneficial occupancy has been achieved. We will then ensure the engineer issues the Certificate for all parties to sign. Compile detailed punch -lists with City, Consultants, and Contractor. The CivilSource Project Manager will conduct a preliminary walk-through with the Contractor to ensure there are no blatant issues and to generate a preliminary punch -list. After completion of the preliminary punch -list items, the Project Manager will conduct a punch -list walk-through with the Consultants to generate a second punch -list, if required. After completion of the consultant's punch list items, the Project Manager will conduct the official punch -list walk-through with City staff and theEngineer (and all subs if necessary) to generate the official and final punch list. We have found in our past experience that scheduling separate walk-throughs allows adequate time with each party and limits the time required of City Staff. It will also ensure that punch lists are issued and completed in the scheduled timeframe. Coordinate to complete Close -Out deliverables. CivilSource will monitor the collection and completeness of the close-out packages for all components, and then forward them to the City. O&M manuals will be drafted andcollected from the Contractor and will be forwarded to both the Architect and City for review and approval prior to Contractor submitting final drafts. We will ensure as-builts have been completed according to the specifications and also to the satisfaction of the City's record -keeping division. We will cause all Warranties to be forwarded to the City for review and acceptance, and attic stock items to be coordinated with and delivered to City staff for proper storage. Evaluate Contractor claims. In the event Contractor claims arise, CivilSource will act on behalf of the City to review, evaluate, negotiate and recommend rejection/approval of such claims by our in house expertise. All potential claims will be identified, logged, monitored and reported immediately to the City. We will prepare written explanations of each claim with full background of issues, proposed resolution alternatives, and resolution recommendations for action. If it is warranted, and the added service is requested by the City, we will retain outside professional services to provide additional expertise. © Evaluate private party claims. We will investigate claims for damages by private parties and respond in writing within two calendar days of receipt of claim. Responses will be coordinated with the City's Project Manager and Risk Manager. m Filling of the Notice to Completion. We will advise the City when this is appropriate based on all expired time and other conditions required. ® Conclude when Final Completion has been achieved. CivilSource will monitor and advise the City as to when Final Completion has been achieved. G Review Final Payment Application. CivilSource will review for completeness, and forward to City for approval, the Contractor(s) Final Application for Payment. Brighton/Shoreham Sewer Lift Station EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in accordance with the following payment schedules. CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Exhibit B. I — Proposed Hourly Fee Schedule Total fees shall not exceed Three Million Dollars ($3,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). The hourly rates for years four and five shall increase based on the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%, whichever is lower. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the Surfnet Exhibit B EXHIBIT B Fixed Fee Payment information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment Range of Hourly Rates: All Employees in company/field office or in City offices. Effective: For the duration of this contract. PROGRAM / CONSTRUCTION MANAGEMENT HOURLY RATE Principal/Project Director $145 Principal/Alternate Project Manager $110 Principal Engineer $110 Senior Project Manager, Area/Senior Construction Manager $100 Construction Manager/Resident Engineer $100 Project Engineer $100 Scheduling/Cost Engineer $90 Senior Planner/Permit Specialist $80 CADD Operator/Drafter $70 LEED Certified Inspector $100 Senior Field Inspector $89 Contract Administration $58 PUBLIC WORKS SERVICES GROUPS HOURLY RATE Technical Support $54 Administration $54 REIMBURSABLE EXPENSES COST Reproduction Cost Consultant Services Cost Automobile Transportation $.40 per mile Delivery, Freight, Courier Cost Agency Fees Cost Commercial Travel Cost State of California Secretary of State I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify: That the attached transcript of / page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of OCT 2 2006 / z -1-�- � BRUCE McPHERSON Secretary of State Sec/State Form CE-107 (REV 03/31/05) = QSP 05 94200 2929069 ARTICLES OF INCORPORATION OF CIVILSOURCE, INC. ARTICLE I The corporation name is CivilSource, Inc_ ARTICLE II ENDORSED a FILED in the office of the Secretary of 5tete of the State of California SEP 15 2006 The purpose of the Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business, or the practice of a profession permitted to be incorporated by the California Corporations Code. ARTICLE III The name and complete address in the State of California of the Corporation's initial agent for service of process is: Amy Amirani 500 Wald Irvine, CA 92618 ARTICLE IV The Corporation is authorized to issue only one class of shares, which shall be designated Common Shares. The total number of Common Shares that the Corporation is authorized to issue is one hundred (100) shares. ARTICLE V (a) The liability of the directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. (b) The Corporation is authorized to indemnify the "Agents" (as defined in Section 317 of the California Corporations Code) of the Corporation to the fullest extent permissible under California law. (c) Any repeal or amendment of this Article V shall not adversely affect any right of or protection afforded any agent of the Corporation in effect at the time of the repeal or amendment. ®Ros's-- Incorporator I a., DATE (MM/DD/YY) x ACORDT. CERTIFICATE OF LIABILITY INSURANCE 06/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURED Civil Source 500 Wald Street Irvine, CA 92618 rnv�owr_ec INSURERS AFFORDING COVERAGE INSURER A: The Travelers Indemnity Co of CT INSURER B: Travelers Property Casualty INSURERC: St. Paul Fire & Marine Ins. Co. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDNY POLICY EXPIRATION DATE MM/DDlYY LIMITS A GENERAL LIABILITY 680281 OL758 07/20/07 07/20/09 EACH OCCURRENCE $1 000,000 FIRE DAMAGE (Anyonefire) s300000 X COMMERCIAL GENERAL LIABILITY General Liability MED EXP (Any one person) $5 000 CLAIMS MADE [A] OCCUR excludes claims PERSONAL & ADV INJURY $1,000,000 rising out of the performance of GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: professional PRODUCTS -COMP/OPAGG s2,000,000 POLICY PRO- JECT services B B AUTOMOBILE LIABILITY ANY AUTO BA45921_377 07/20/07 07/20/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS 7 A�"''. E� AS r F PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY g AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: qGG $ ANY AUTO AVJ Q $ B EXCESS LIABILITY CUP6772Y251 07/20/07 07/20/09 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 X OCCUR CLAIMS MADE Excludes Profl. $ Liability $ DEDUCTIBLE Following Form $ RETENTION $ A WORKERS COMPENSATION AND UB6771Y51807 07/20/07 07/20/09 )( WRSTATU- CETR , E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Profl. Liab QP03810787 07/20/07 07/20/08 $2,000,000 per claim [aims Made $2,000,000 annl aggr. ull Prior Acts $0 ded per claim DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: On Call Construction Management Projects CERTIFICATE HOLDER 1 1 ADDITIONAL INSURED; INSURER LETTER: L;AN%,tLLAIIUIV SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WlWx5rAftX= TO MAIL30 DAYSWRITTEN Attn: Eric Charlonne NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFTXX"A0ffl8000Q00Q0=k 2000 Main Street���x Huntington Beach, CA 92648 x=Xnew agnm AUTHOR" PRESET ACORD 25-S (7/97)1 of 1 #S230092/M215547 LAD © AUUKU LUKI-UKA I IUN IU00