agreement with harris and associates for construction management services 06-03-14.pdf

8/12/2019 Agreement with Harris and Associates for Construction Management Services 06-03-14.pdf

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To:From:Submitted by:Subject:

CITY OF CARMEL-BY-THE-SEACouncil ReportJune 3 2014

Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorSharon Friedrichsen, Public Services DirectorConsideration of a Resolution Authorizing the City Administrator to Enterinto an Agreement with Harris and Associates for ConstructionManagement Services in an Amount Not to Exceed 70,000

Recommendation s): Adopt the resolution .Executive Summary: Harris and Associates has been assisting the City with the development of

a facility assessment report and implementation of strategies to addressbuilding needs. As the City begins to work on the construction of newfacilities as well as substantial rehabilitation efforts of other facilities, it isrecommended that the City enter into an agreement for constructionmanagement assistance.

Analysis/Discussion: While project management of capital projects involves the design of aproject and identifying solutions to address existing building issues,construction management is a specialized field that relates to overseeingthe actual construction aspects of a project. Functions would include, butare not limited to weekly meetings with the contractor; keeping theproject on schedule; liaison for community questions and concerns;reviewing contractor invoices and shop drawings to ensure the invoicesmatch the actual work performed and the specifications outlined in thebid documents and contractor's schedule of values; coordinatingspecialty and materials testing of asphalt, concrete, steel anchors, soilcompaction, electrical, etc as required by the project; routinely inspectand document the construction of the project, including compliance withsafety, storm water and other federal, state and local requirements.

iscal Impact: Construction management requires specialized knowledge andexperience and current City staff does not have the expertise to overseethe construction mananagement of a City building. A constructionmanagement firm can help manage the project, minimize risk and control


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Budgeted yes/no)Yes

time costs and quality of the project. If construction management is notfunded the quality schedule and cost of the project may becompromised and existing staff with limited expertise will need to bereassigned to try to oversee the project thereby impeding the oversightof other capital projects and daily field operations of other function sCosts incurred for this service will be charged to the budget for variouscapital projects as applicable.

Funding Source general fund, grant, state)General Fund

Previous CouncilAction/Decision History:

Attachment: Resolution Agreement

Reviewed byCity dministrator4-- City ttorney Administrative ServicesAsst. City Admin. D Dir of CPB Dir of Public SvcsPublic Safety Dir Library Dir OtherCity Engineer

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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION NO. 2014-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO NAGREEMENT WITH HARRIS AND ASSOCIATES, INC FORCONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TOEXCEED 70,000

WHEREAS, construction management is a specialized skill that involves allaspects of managing a project including planning, time management, budgeting and costcontrol, contract administration, safety management, quality management and dailymonitoring of the project, including field observations; andWHEREAS, the City of Cannel-by-the-Sea requires specialized constructionmanagement and inspection services to oversee the construction of substantialrehabilitation of City facilities.

NOW, THEREFORE, E IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA DOES:Authorize the City Administrator to enter into an agreement with Harris and Associatesfor construction management services in an amount not to exceed 70,000.

PASSED AND ADOPTED Y THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA this 3 rd day of June 2014 by the following roll call vote:A YES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

ATTEST:

Deanna AllenDeputy City Clerk

SIGNED:

Jason BurnettMAYOR


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CONTR CT FOR CONSULTING SERVICESCONSTRUCTION M N GEMENT SERVICES

THIS CONTRACT is executed t h i s _ day of 2014, by and between the CITY OFCARMEL-BY-THE-SEA, hereinafter referred to as CITY, and HARRIS & ASSOCIATES. ,hereinafter called CONSULTANT .IT S HEREBY MUTUALLY AGREED AS FOLLOWS:1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope ofservices under this Contract construction management related services for City facil ities.

CONSULT NT shall have no control over or charge of and shall not beresponsible for construction means, methods, techniques , sequences, or procedures, or forsafety precautions and programs in connection with the construction of the project, thesebeing solely the responsibility of the Contractor under the Construction Contract. TheCONSULTANT shall not be responsible for the Contractor's schedules or failure tocomplete the construction of the project in accordance with the Construction Contract, andthe CONSULTANT shall not have control over or charge of acts or omissions of theContractor, any subcontractors, the officers, employees, or agents of any of them, or anyother persons performing portions of the construction work.

2. Timely Work. CONSULTANT shall perform all duties incidental or necessary in atimely fashion; and shall be performed diligently, competently and in accordance withprofessional standards of performance. Failure to so perform is hereby deemed a materialbreach of this Contract, and CITY may terminate this Contract with no further liability hereunder.CITY may agree in writing with CONSULTANT to an extensio n of time. It is expressly agreedand understood that CONSULTANT shall not be held responsible for delays occasioned byfactors beyond their control , nor by factors that could not reasonably have been foreseen at thetime of execution of this CONTRACT.3. Term. The work under this Contract shall commence 1 April 2014, and shallterminate on June 30, 2016.4. Compensation. CITY shall pay CONSULTANT an amount not to exceed$70,000 for services described in the Scope unless additional services are agreed upon inadvance by CITY per Section 5 of this Contract. Compensation will be based on the hourly rate

of CONSULT ANT staff.Compensation under this Contract shall become due and payable thirty (30) daysafter CITY'S approval of CONSULTANT'S submission of monthly written invoices. Writteninvoices shall clearly itemize each charge, specifically ident ify the bu ilding project and shall

include a copy of time sheets or invoices from SUB-CONSULTANTS or other appropriatedocumentation to substantiate itemized charges. The payment of any compensation toCONSULTANT hereunder shall be contingent upon performance of the terms and conditions ofthis Contract to the satisfaction of the City AdministratorIf the City Administrator determines that the work set forth in the written invoicehas not been performed in accordance with the terms of this Contract CITY shall not be

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responsible for payment until such time as the work has been satisfactorily performed .5. Additional Services. In the event that CITY should request additional servicesnot covered by the terms o this Contract, said services will be provided by CONSULTANT andpaid for by CITY only after a fee for said services has been agreed upon betweenCONSULTANT and City Administrator and the City Administrator provides written authorization

for the additional work.6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY or itsagents or employees with regard to services as set forth herein as may be required by CityAdministrator to insure timely and adequate performance o this Contract.7 Indemnification. CONSULTANT hereby agrees to the following indemnificationclause: To the fullest extent permitted by law (including, without limitation, California Civil CodeSection 2782.8 CONSULTANT shall defend (with legal counsel reasonably acceptable to theCITY), indemnify and hold harmless CITY and its officers, departments, officials,representatives and employees (collectively lndemnitees) from and against claims, loss, cost,

damage, injury expense and liability (including court costs, reasonable attorneys ' fees, litigationexpenses and fees o expert consultants or expert witnesses incurred in connection therewithand costs o investigation) to the extent they arise out o , pertain to, or relate to, the negligence,recklessness, or willful misconduct o CONSULTANT, any SUB-CONSULTANT, anyone directlyor indirectly employed by them, or anyone that they control (collectively Liabilities). Suchobligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extentthat such Liabilities are caused in part by the negligence, or willful misconduct o suchIndemnitee.Notwithstanding the provisions o the above paragraph, CONSULTANT agrees toindemnify and hold harmless CITY from and against any and all claims, demands, defensecosts , liability, expense, or damages arising out o or in connection with damage to or loss of

any property belonging to CONSULTANT or CONSULTANT'S employees, contractors,representatives, patrons, guests or invitees.CONSULTANT further agrees to indemnify CITY for damage to or loss o CITYOF CARMEL-BY-THE-SEA property to the proportionate extent they arise out oCONSULTANT'S negligent performance o the work associated with this Contract or to theproportionate extent they arise out o any negligent act or omission o CONSULTANT or any oCONSULTANT'S employees, agents, contractors, representatives, patrons, guests or invitees;excepting such damage or loss arising out o the negligence o CITY.

8. Insurance. CONSULTANT shall submit and maintain in full force all insurance asdescribed herein. Without altering or limiting CONSULTANT'S duty to indemnify,CONSULTANT shall maintain in effect throughout the term o this Contract a policy or policies ofinsurance with the following minimum limits o liability:

Commercial general liability insurance including but not limited to premises,personal injuries, bodily injuries, products, and completed operations, with a combined singlelimit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.


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Professional Liability Insurance. CONSULTANT shall maintain in effectthroughout the term of this Contract professional liability insurance with limits of not less than$1,000,000 per claim and $2,000,000 in the aggregate. CONSULTANT will either maintain orcause to be maintained professional liability coverage in full force or obtain extended reporting(tail) coverage (with the same liability limits) for at least three (3) years following CITY'Sacceptance of work.Commercial automobile liability insurance covering all automobiles, includingowned, leased, non-owned, and hired automobiles, used in providing services under thisContract, with a combined single limit of not less than $1,000,000 per occurrence.Workers' Compensation Insurance. If CONSULTANT employs others in theperformance of this Contract, CONSULTANT shall maintain workers' compensation insurance inaccordance with California Labor Code section 3700 and with a minimum of $100,000 peroccurrence for employer's liability.Other Insurance RequirementsA All insurance required under this Contract must be written by aninsurance company either:

1) admitted to o business in California with a current A.M. Bestrating of no less than A:VI; or2) an insurance company with a current A.M. Best rating of no lessthan A:VIIException may be made for the State Compensation Insurance Fundwhen not specifically rated .

B. Each insurance policy required by this Contract shall be endorsed to statethat CITY shall be given notice in writing at least thirty (30) days inadvance of any cancellation thereof, except CITY shall be given TEN (10)days notice for nonpayment of the premium.

C The general liability and auto policies shall:1) Provide an endorsement naming CITY, its officers, officials, andemployees as additional insureds under an ISO CG 20 10 07 04 or ISO20 37 07 04 or their equivalent.2) Provide that such insurance is primary and non-contributinginsurance to any insurance or self-insurance maintained by CITY.3) Contain a Separation of Insureds provision substantiallyequivalent to that used in the ISO form CG 00 01 10 01 or theirequivalent.4) Provide for a waiver of any subrogation rights against CITY via anISO CG 24 01 10 93 or its equivalent.


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D. Prior to the start of work under this Contract CONSULTANT shall filecertificates of insurance and endorsements evidencing the coveragerequired by this Contract with the City Administrator. CONSULTANTshall file a new or amended certificate of insurance promptly after anychange is made in any insurance policy which would alter the informationon the certificate then on file.E Neither the insurance requirements hereunder, nor acceptance orapproval of CONSULTANT S insurance, nor whether any claims arecovered under any insurance, shall in any way modify or changeCONSULTANT S obligations under the indemnification clause in thisContract, which shall continue in full force and effect. Notwithstanding theinsurance requirements contained herein, CONSULTANT is financiallyliable for its indemnity obligations under this Contract.F. Any deductibles or self-insured retentions must be declared to andapproved by CITY. t the option of CITY either: the insured shall reduceor eliminate such deductibles or self-insured retentions as respects CITY,

its officers, officials, employees and volunteers; or CONSULTANT shallprovide a financial guarantee satisfactory to CITY guaranteeing paymentof losses and related investigations, claim administration, and defenseexpenses.

9 Ownership of Work. Upon completion of the work under this Contract, ownershipand title to all materials and deliverables produced as part of this Contract will automatically bevested in CITY and no further contract will be necessary to transfer ownership to CITY.Consultant shall be allowed to retain copies of all materials and deliverables prepared byCONSULTANT under this Contract. Any modifications made by the CITY or any agents of theCITY to any of the Consultant s materials or deliverables or any partial use or reuse of thematerials or deliverables without the express written consent of the Consultant will be at theCitys sole risk and without liability to the Consultant.

10. Licensing. CONSULTANT represents that it is properly licensed to perform thework specified under this Contract, including but not limited to, possession of a current citybusiness license.11 . Termination. This Contract may be terminated by either party upon thirty (30)calendar days written notice to the other party. In the event of such termination, CITY shall payCONSULTANT for all services performed to the satisfaction of CITY to the date of receipt ofnotice of termination. An itemized statement of the work performed to the date of terminationshall be submitted to CITY. In ascertaining the services actually rendered hereunder up to thedate of termination of this Contract consideration shall be given to both completed work and

work in process of completion, and to complete and incomplete drawings and other documentswhether delivered to CITY or in the possession of the CONSULTANT.12. Agency. In performing the services specified under this Contract CONSULTANTis hereby deemed to be an independent CONSULTANT and not an agent or employee of CITY.13. Authority of the City Administrator. CONSULTANT shall perform all necessary


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services provided under this Contract and outlined in the proposal and shall do, perform, andcarry out said work in a satisfactory and proper manner as determined by and to the satisfactiono the City Administrator. The City Administrator reserves the right to make changes, additionsor deletions, to the scope of work as deemed necessary or advisable to implement and carry outthe purposes o this Contract. The City Administrator is authorized to execute change orders.

14. Responsibility o Consultant. By executing this CONSULTANT represents andstates to CITY that he/she possesses, or will arrange to secure from others, all necessaryprofessional capabilities, experience, resources and facilities necessary to provide to CITY theservices contemplated under this Contract. CONSULTANT further represents that he/she willfollow the current generally accepted practices o the profession to make findings, renderopinions, prepare factual presentations, and provide professional advice and recommendationsregarding the project for which services are rendered under this Contract.15. Materials and Equipment. CONSULTANT shall furnish at his/her own expenseall materials and equipment necessary to carry out the terms o this Contract.16. Digital Files. CONSULTANT shall furnish copies o all deliverables on compact

disks (for example, final report) in digital format. Files shall be compatible with the currentversions used by PC computers . Copies o data exchanged by through, and between CITYand Consultant that may be relied upon are limited to the printed copies. Computer-generatedfiles, disks, or tapes of text, data or graphics that are furnished are only for the mutualconvenience o the parties. Any risk o translation or reliance on information obtained or derivedfrom the computer-generated material will be at the user s sole risk, and no representations aremade, either expressed or implied, as to the long-term performance o data thus transferred.17. Audit Authority. CONSULT ANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under thisContract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY Sauditor shall be afforded access to CONSULTANT S records, books, correspondence and other

data relating to this Contract. CONSULTANT shall preserve these records, books,correspondence and other data relating to this Contract for a period o four (4) years after finalpayment, or for such longer period as may be required by law. In addition, CONSULTANTagrees to make said records, books correspondence and other data relating to this Contractavailable to CITY at CITYS principle place o business upon seventy-two (72) hours advancewritten notice. The City Administrator, or his or her designee, shall at all times have the right toinspect the work, services, or materials. CONSULTANT shall furnish all reasonable aid andassistance required by CITY for the proper examination o the work or services and all partsthereof. Such inspection shall not relieve CONSULTANT form any obligation to perform saidwork or services strictly in accordance with the specifications or any modifications thereof and incompliance with the law.18. Notices. All notices herein provided to be given, or which may be given by eitherparty to the other, shall be considered fully received when made in writing and deposited in theUnited States mail, certified and postage prepaid, and addressed to the respective parties asfollows:

CITY: City AdministratorCity o Carmel-by-the-Sea


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CONSULTANT:

P.O. Box CCCarmel-by-the-Sea, CA 93921Harris AssociatesPatrick Dobbins, Program Manager3056 Del Monte Blvd., Suite 2 1Marina, CA 93933

19. Entire Contract. This Contract constitutes the entire contract between the partieshereto and supersedes any and all prior contracts, whether oral or written, relating to the subjectmatter thereof. Any modification of this Contract will be effective only if it is in writing signed byboth parties hereto.20. Validity. I f any prov1s1on in this Contract is held by a court of competentjurisdiction to be invalid, void or unenforceable , the remaining provisions will continue in fullforce without being impaired or invalidated in any way.21 . Assignment of Interest. The duties under this Contract shall not be assignable,

delegable, or transferable without the prior written consent of CITY. Any such purportedassignment, delegation, or transfer shall constitute a material breach of this Contract uponwhich CITY may terminate this Contract and be entitled to damages.

22. Conflict of Interest. CONSULTANT shall at all time avoid conflicts of interest, orthe appearance of conflicts of interest, in the performance of this Contract. CONSULTANT shallfile statements of f inancial interest on forms provided by CITY to the extent and at the timesrequired by CITY'S Conflict of Interest Code and applicable law.During the term of this Contract CONSULTANT shall not directly or indirectly,either as a partner, employer, employee, consultant, principal, agent or in any individual or

representative capacity, engage or participate in any business or voluntary activity on behalf ofany other party on any property located within the City of Carmel-by-the-Sea without notificationto City Administrator.23. Non-discrimination/Affirmative Action. CONSULTANT will not discriminateagainst any employee or applicant for employment because of race, creed, color, sex, age,national origin, marital status, physical or other motor handicap, unless based upon bonafideoccupational disqualification.

CONSULTANT will take affirmative action to ensure that applicants are employedand that employees are treated during employment without regard to their race, creed, color,sex, age, national origin, marital status, physical or other motor handicap.24. Counterparts. This Contract may be executed in multiple originals, each of whichis deemed to be an original, and may be signed in counterparts .25. Laws. CONSULT NT agrees that in the performance of this Contract it willreasonably comply with all app licable state, federal and local laws and regulations . This


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Contract shall be governed by and construed in accordance with the laws of the State ofCalifornia and the City of Carmel-by-the-Sea.26. Attorneys Fees and Court Venue. Should either party to this Contract bring legalaction against the other, (formal judicial proceeding, mediation or arbitration), the case shall behandled in Monterey County, California, and the party prevailing in such action shall be entitled

to a reasonable attorney s fee which shall be fixed by the judge, mediator or arbitrator hearingthe case and such fee shall be included in the judgment, together with all costs.27. Severability. f any term of this Contract is held invalid by a court of competentjurisdiction the remainder of this Contract shall remain in effect.N WITNESS WHEREOF, this Contract is entered into by the parties hereto in Carmel,California, on the day and year first above written.

CITY OF CARMEL-BY-THE-SEA CONSULTANT:

By: By:Its: Its:

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agreement with harris and associates for construction management services 06-03-14.pdf

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