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HomeMy WebLinkAboutContracts & Agreements_199-2007_CCv0001.pdf rz , AGREEMENT TO PERFORM SERVICES FOR REDLANDS SPORTS PARK RESTROOM BUILDING PROJECT CONSTRUCTION ADMINISTRATION This agreement for construction management and inspection services ("Agreement") is made and entered into this 6`h day of November, 2007 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Harris and Associates ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 - ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform construction management and inspection services in connection with City's Sports Park Restroom Building Project (the "Services"). 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 - SERVICES OF CONTRACTOR 2.1 The Services which Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act, the Fair Employment and Housing Act and all applicable Labor Code and prevailing wage laws. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification, or type of worker associated with the performance of the Services are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box 3005 mailing), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wage, that City may enforce those provisions by issuing a notice of the withholding of contract payments to Contractor pursuant to Labor Code section 1771.6. DJM\Ab ee\Harris and ASC RE Sports Park I 10/24/07 9:24 a.m. .,.w._ ........... ...air ,,. .., ., ,.. � .. .d_.......moi >,_ :.a ..�...= ,x�e,,.,, .w�._U.�7�v�a _�.. .,.� ---..u....o_� �..c..va ,.w,-..-.r__..,. ,,,:Y._.� _..n.�..�.' PJ.o.--_..`.s-_..a. .�..a _-...u._:d: ��.r.✓sa� t j 2.4 If Contractor executes an agreement with a subcontractor to perform any of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions imposing penalties for the failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records' maintenance, certifications, retention and inspection. 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 If applicable, Contractor shall comply with the provisions of Labor Code section 1777.5 relating to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City will make reasonable provision for Contractor to enter upon City-owned property, as required by Contractor, to perform the Services. 3.3 City designates Alan K. Griffiths as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERFORMANCE OF SERVICES 4.1 Contractor shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit"B," entitled "Project Schedule." 4.2 At any time during the term of this Agreement, City may request that Contractor perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Contractor for the Services, such Extra Work may be agreed to by the Parties, by written amendment to this Agreement, executed by City's City Manager. Contractor shall not perform, nor be compensated for, Extra Work without such written authorization from City. DJM\Agree\Harris and ASC RE Sports Park 2 10/24!07 9;24 a.m. ARTICLE 5 -PAYMENTS TO CONTRACTOR 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Sixty-Eight Thousand Nine Hundred Sixty-Three Dollars ($6$,963). City shall pay Consultant on a time and materials basis up to the not to exceed amount further described in Exhibit "B," which is attached hereto and incorporated herein by this reference. 5.2 Contractor shall submit monthly invoices to City describing the work performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses, if any. City shall pay Contractor no later than thirty(30) days after receipt and approval by City of Contractor's invoice, provided the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, provided that the number of hours of Services set forth in the invoice reflect the amount of time ordinarily expended for such Services by members of the profession currently practicing in the same locality under similar conditions, and provided further that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Contractor Alan K. Griffiths Chuck Glave City of Redlands Harris and Associates Public Works Department 9445 Fairway View Place P.O. Box 3005 Suite 215 Redlands, CA 92373 Rancho Cucamonga, CA 91730 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 5.3. DJMyAgree\Harris and ASC RE Sports Parc 3 10/24/07 9:24 a.m. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until all required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers Compensation and Employer's Liability. A. Contractor shall secure and maintain Workers Compensation and Employer's Liability insurance throughout the duration of this Agreement in accordance with the laws of the State of California, with an insurance carrier acceptable to City. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from the sole negligence of City, its employees or agents. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys fees, arising from injury or death to persons or damage to property occasioned by Contractor's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Assignment. Contractor is expressly prohibited from assigning any of the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement prior to the performance of any Services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. 6.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) WWAgree'Harris and ASC RE Sports Park 4 10/24%07 9:24 a.m. per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. 6.6 Professional Liability Insurance. Contractor shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.7 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non-owned vehicles, and employee non- ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured. ARTICLE 7 - CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the geographical area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make or participate in: (i) the making or any governmental decisions regarding approval of a rate, rule or regulation, or the adoption or enforcement of laws; (ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certifications, approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; DJM\Agree"Harris and ASC RP Sports Park 5 10124/07 9:24 a.m. (v) granting City approval to a plan, design, report, study or similar item; (vi) Adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof: B. Does not serve in a staff capacity with City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel of the Parties. 8.2 Prohibition Against Assignment. Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms, and conditions of this Agreement. 8.3 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files, databases and other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Independent Contractor Status. Contractor is for all purposes under this Agreement an independent contractor and should perforin the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as herein set forth. Contractor shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Contractor are for its account only, and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. DIM\Agree\Harris and ASC RE Sports Park 6 10/24/07 9:24 a.m. 8.5 Termination. A. Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City, in its sole discretion, by providing five (5) business days prior written notice to Contractor (delivered by certified mail, return receipt requested) of City's intent to terminate. C. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. D. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Books and Records. Contractor shall maintain any and all books, ledgers, invoices, accounts and all other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Contractor. 8.7 Entire AgreemenVAmendment. This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the rnatters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. DJM\AgreeAHarris and ASC RE Spurts Park 7 10124;07 9:24 a.m. IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS By: Jo arrison, Mayor Attest: jiClerk HARRIS AN ASSOCI TES By: amiro S. Herrera, Jr. Regional Manager Owner's Representative nJM\AgreeAHarris and ASC RE Sports Park g IW24/07 4:24 a.m. Exhibit A Scope of Services DAI'A=gree Farris and,SSC RF Sports Park 9 10/24()? :24 a.m. EXHIBIT y � q Scope of Services Table of Contents 1• Construction Management Activities 1.1• Communications and Correspondence 1,2• Change Management 1.3. Monthly Construction Progress Reports 1.4. Schedule Monitoring 1.5. Submittal Management and Review 1.6. Requests for Information (RFI) 1 Document Management Management 1.8. Construction Change Order Assistance Z• Construction Inspection Activi 2.1. Final Acceptance— Punch List Assisttees 2.2. Final Inspection and Punchlist ance 3. Construction Closeout Activities 3.1 Contract Closeout 3.2. Final Project Report Harris shall provide owner's representativelconst the Restroom Project, located in the ruction management services fo Public Works Agency Redlands Sports park The City of Redlands, (herein referred to as"CLIENT°) shall be the Lea d Agency. Construction Mana ement Activities Harris, on behalf of the CLIENT one 1 , will provide construction management services for ( ) construction co new restroom facility. The contract shall involve construction comprised Construction ranagement services will encompass P d of a requirements. ►'nPass the enforcement of all construction p 1.1 Communications and Correspondence Pur se: To provide and/or facilitate effective among all stakeholders in the adminitra on of the mmunication, on behalf of the CLtEN construction contract. T' 1 ra � -7-,. ":� `.t .✓ as �, Approach: Harris will obtain all pertinent information as required to develop a project directory of all key personnel working on the project. Harris will develop a graphic chart indicating the proper flow of correspondence. Harris will log all information received from the CONTRACTOR and others, in Expedition. Lastly, Harris will prepare and/or forward appropriate responses, obtaining CLIENT approval when required. Assumptions: 1. The Harris Correspondence Log will be used for all correspondence received from the CLIENT, the CONTRACTOR and others. 2. All original correspondence will remain with the Harris project files. Only copies will be distributed, with the exception of shop drawing submittals. 3. The Harris project files will be turned over to the CLIENT upon conclusion of the project. Deliverables: Written logs of information received from the CLIENT, the CONTRACTOR and/or others. 1.2 Change Management Purpose: To provide a system for logging and tracking all changes on the project. Approach: Harris will review potential change orders for contractual and technical merit, prepare independent cost estimates and schedule analysis of work as necessary, and negotiate change order costs with the CONTRACTOR. Harris will prepare change orders with all required support documentation for execution by the CLIENT. Harris will keep the CLIENT apprised of cumulative changes in project cost and project duration. Assumptions: 1. Harris will be allowed to use its sole judgment regarding how best to handle cost negotiations with the CONTRACTOR. 2. Hams will obtain final approval of all project cost and/or project time changes from the CLIENT prior to authorizing the CONTRACTOR to proceed with changes. 3. Harris will prepare official change order documentation to be processed with the CONTRACTOR's regular application for payment. Deliverables: 1. Independent cost estimates. 2. Change orders ready for execution. 3. Change order summary reports. 2 1 a � 5 1.3 Monthly Construction Progress Reports Purpose: To keep the CLIENT apprised of the project status during the prescribed construction period. Approach: Harris will prepare a monthly report that provides construction status to the CLIENT and other involved parties. The monthly report shall contain the following: 1. Status of CONTRACTOR's schedule and what the CONTRACTOR is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report. 2. Construction and construction manager's costs incurred for the month. 3. Cash flow projections for both the CONTRACTOR and Construction manager. 4. Potential Issues, pending change orders and executed change orders. 5. Photographs to show construction activities and for clarity for special issues. 6. Other information deemed necessary for the CLIENT to have a concise understanding of the construction Projects. Assumptions. The CLIENT will assist Harris in the initial formatting of the first report. Deliverables: Monthly progress report 1.4 Schedule Monitoring Purpose: To monitor and review the CONTRACTOR's schedule, after acceptance of baseline schedule, to ensure project is not being delayed over issues within the control of the CONTRACTOR_ Approach: Harris will develop procedures, using available software to review the CONTRACTOR's monthly schedule updates for logic, duration, and resource changes. Harris will notify the CONTRACTOR of discovered changes and document the CONTRACTOR's response, for the record. Harris will keep the CLIENT apprised of the CONTRACTOR's current construction schedule. Assumptions: Contract specifications will require the CONTRACTOR to use Critical Path Method (CPM) scheduling tools/software. The preferred scheduling software is P3 or Suretrak by Primavera. Gant charts will be strictly forbidden. Deliverables: None. 3 t n 1.5 Submittal Management and Review Purpose: To provide an efficient means of processing submittals between the CONTRACTOR and the Designer. Approach: Using Expedition, Harris will develop a comprehensive submittal list for distribution to the CONTRACTOR and the Designer. Harris will update and submit status submittal logs for review at each coordination meeting. In addition, Harris will work with the Designer and CONTRACTOR to encourage timely submission, review and approval of submittals as outlined in the Contract Documents, prior to inclusion of submitted materials in the progress of the work. The following steps will be taken in reviewing the CONTRACTOR's submittals: 1. Log into Expedition all submittals by Specification Section. 2. Ensure that the CONTRACTOR has provided a complete submittal, coordinated with the work of other trades, and that all deviations have been noted. Submittal is returned to the CONTRACTOR if it is not complete. 3. Construction Manager reviews submittal for general compliance with the specification. 4. Submittal is forwarded to Designer for formal review. Submittal status is logged into Expedition. 5. Submittals are returned to Harris. Submittal status is logged into Expedition. 6. Submittals are returned to the CONTRACTOR for use in work. Submittal status is logged into Expedition. 7. Harris to inform CONTRACTOR if a re-submittal is required. Assumptions: 1. Harris will not be responsible for errors or omissions in submittal lists. 2. Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the CONTRACTOR. 3. Hams will not make an exhaustive review of CONTRACTOR's submittals. Deliverables: 1. Submittal status log. 2. Copy of all submittals and final submittal log. 1.6 Requests for Information (RFQ Management Purpose: To provide an efficient means of processing Requests for Information (RFIs) submitted by the CONTRACTOR. The efficient management of RFIs permits timely communication between the Designer and the CONTRACTOR. Approach: Harris will receive, log and review all RFIs for completeness and verify the question is reasonable and understandable. Harris will provide a short technical review of the 4 h RFI to determine if the issue is addressed adequately in the contract documents. Harris will return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is contained in the contract documents, noting where the requested information can be found in the contract documents. Harris will track RFIs, using the Expedition software, and facilitate the timely response from the Designer. Assumptions: The Designer will respond with an answer to all RFIs within the contract stipulated time period for response. Facsimile or e-mail will be used to forward RFIs to the Designer and return responses to the CONTRACTOR, with original documents to follow. Deliverables: Comprehensive log of all outstanding RFIs and their status at each progress meeting. 1.7 Document Management Purpose: To provide the CLIENT with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project. Approach: Hams will use Primavera Expedition and the Harris File Index to log all documents in the project field office. Documents will be scanned into the document control system and attached to Expedition file index categories. All documents will be filed as an electronic file and hardcopy. Assumptions. None. Deliverables: 1. Comprehensive logs of all documents in the project files (electronic and hardcopy). 2. All hardcopy project documents exchanged on the project between the various parties. 1.8 Construction Change Order Assistance Purpose: To provide the CLIENT with assurance that the CONTRACTOR is not presenting requests to be paid for additional work included in the original contract. To assure the CLIENT that the associated extra work costs and time extension requests are fair and reasonable to both the CLIENT and the CONTRACTOR. Approach: Harris will use the following approach in assisting the CLIENT: 5 3 Requests for Chanaes by the CLIENT 1. Harris will forward a Request for Quote (RFQ) to the CONTRACTOR for pricing and stipulation of proposed time extension, if requested work can be shown to impact the project's critical path. The RFQ shall contain a description of the extra work (normally provided by the Designer) to fairly price the work. 2. Harris will prepare an independent cost estimate of the extra work. 3. Hams will review the cost quote from the CONTRACTOR for completeness, negotiate cost and time extension requests as required and then obtain CLIENT authorization for proceeding with the change, based on definitive cost and time extension values. 4. Should Harris and the CONTRACTOR be unable to negotiate a reasonable price, the CLIENT will be consulted prior to directing the work via alternative contract change options such as proceeding on a time and material basis or proceeding by force account. Requests for Changes by CONTRACTOR 1. Harris will review requests of proposed cost and/or time impacts for merit. If Harris determines the request fails on merit, the CONTRACTOR will be informed of the reasons why the request is denied. Should Harris determine the request has merit; Harris will proceed with steps 2 and 3. 2. Harris will negotiate extra work cost and time extensions with the CONTRACTOR. 3. Harris will prepare change order documents for approval and execution by the CLIENT. Assumptions: 1. Harris will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project. 2. The contract will require the CONTRACTOR to submit a project schedule fragnet to demonstrate critical path impact to the project's schedule in order to substantiate any/all CONTRACTOR requests for contract time extension. 3. The CLIENT will not negotiate with the CONTRACTOR on contract changes. 4. Extra work costs successfully negotiated between Harris and the CONTRACTOR will be submitted to the CLIENT for approval. Deliverables: 1. Change order documentation ready for approval and execution by the CLIENT. 2. Change order logs. Construction Inspection Activities 2.1 Final Acceptance— Punch List Assistance Purpose: To provide the CLIENT with reasonable assurance that the work of the project has 6 -:......_,�—v_�_.....ir— .`..adv`.--. wr.,,,,v,..a'.,,........1,ee_ � .z.._,_.....:._ v._.s..,r ,z..h.U".a .Y'�c'alam»✓ been completed in compliance with the general intent of the contract documents. AvA each: Harris will coordinate a walk-through with the CLIENT, the Designer, and the CONTRACTOR. The Designer will prepare a punchlist indicating all deficiencies and/or omissions noted in the walk-through. The punchlist will then be forwarded by Harris to the CONTRACTOR for correction of the work in accordance with timelines defined in the contract. Harris, in conjunction with the Designer, will inspect items on the punchlist once the CONTRACTOR has notified Hams that the work is complete. Completed items on the punch list will be signed off by the Designer. Upon completion of the punchlist work Hams will notify the CLIENT the work is complete and forward a copy of the completed punchlist. Assumptions: CONTRACTOR will provide a preliminary punchlist of outstanding work items for review by Harris prior to requesting a final punchlist from the Designer. Deliverables: Completed and signed-off punchlist submitted to the CLIENT with the closeout documents. 2.2 Final Inspection and Punchlist Purpose: To identify elements of construction requiring correction prior to final acceptance by the CLIENT. Approach: Harris will perform a project inspection of the completed construction following substantial completion. During the inspection, Harris will develop a list of contract work requiring correction or rework. The written list of deficient work (punchlist) will be delivered to the CLIENT and CONTRACTOR within three (3) working days of the final inspection. The final punchlist will include items to be corrected that were identified previously during the course of construction. Assumptions: 1. The CLIENT will identify any key CLIENT or other agency personnel to be included in the final inspection. 2. HARRIS will contact and schedule all required final inspection personnel 48 hour prior to the final inspection. 3. HARRIS will prepare the final punchlist. Deliverables: Final punchlist. 7 Construction Closeout Activities 3.1 Contract Closeout Purpose: To provide the CLIENT with final closeout documentation. Approach: Hams will turnover all project files, contract correspondence and documents including final logs at time of project completion. Assumptions: CLIENT will file final Notice of Completion and Acceptance of Work. Deliverables: 1. Notice of Completion form for City of Redlands. 2. Final project documentation. 3.2 Final Project Report Purpose: To provide the CLIENT with a written history of the construction contract. Approach: Harris will review the project documents and prepare a written report for the CLIENT. As a minimum, the report will include the following: 1. Names of all organizations involved with the Projects, i.e., CLIENT managers, construction manager, CONTRACTOR and any other parties that may have a significant part in the construction of the projects. 2. Chronological history of the construction effort, to include all significant dates. 3. Contract amounts at bid time with all other bids in tabular form. 4. Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by Harris and the CLIENT's Construction Manager. 5. Summary of Requests for Information, in tabular or matrix form. 6. Summary of outstanding claims not resolved when the notice of completion is filed. 7. Summary of final contract amount. 8. "Lessons learned" Assumptions: CLIENT will provide input to Hams regarding the form of the final report Deliverables: One Project Report - One hard copy and one electronic file will be provided. 8 Exhibit B Project Schedule DJM\AgreelHarris and ASC RE Sports Park 10 10/24/07 9:24 a.m. Client City of Redlands Project Name Sports Park Harris & Associates Date October 4, 2007 Construction Management Cost of Services Worksheet 2668 Project Schedule 2007 AugSep Oct Nov Dec Jan Feb Mar Apr Calendar days 30 30 31 30 31 31 29 31 30 20 20 22 21 21 22 Work days 23 20 23 Construction Phase ' Closeout `{ Auge Oct Nov Dec Jan Feb Mar A r Estimated Fees Totals $200.00 2 2 2 2 2 2 12 $ 2,400.00 Project Director } };£' Owner's Representative $175.00 10 60 60 64 62 20 276 $ 48,300.00 inspector/Field En r. $140.00 5 £ 4 CM Administration $75.00 Labor 0 12 62 62 66 64 22 0 ,Monthly Subtotal 2881 $ 50,700.00 $£ Sub-Consultant Expenses $ 18,263.00 Axiom Testin & Ins ection Lump sum $ 68,963.00 Project Total Notes and Assumptions: Fees are based on a 90 working day construction contract duration and 2 week close-out. Holidays include Thanksgiving (2 days), Christmas & New Year's Day Costs for job-site construction management office, office equipment, and office furniture are to be provided by the GeneraContractor Should the actual schedule require more or less construction management services than proposed adjustments to this estimate maybe required. Overtime, rain, holidays and potential time extensions or delays may result in additional construction management services. This estimate is based on a speck scope of work as fisted in Exihibit A. f} t{` CM Administration andlor Field Engineer/Inspector services are available as an extra service, if required. > Sub-Consultant expenses shall be invoiced at actual cost plus 70% markup.