Loading...
HomeMy WebLinkAbout2010-009 Amendment No.1 Bernards CITY OF ATASCADERO i918 i92'9 7 `,\�SCA►DF,j�� AMENDMENT NO 1 , January 12, 2011 To Contract #2010-009 BERNARDS for Construction Management / Project Management Services for Historic City Hall Rehabilitation, FEMA Repair & Hazard Mitigation 1818 1979 AMENDMENT TO CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO BERNARDS This document is the first amendment to the contract made and entered into between City of Atascadero, a Municipal Corporation ("City") and Bernards ("Consultant"), dated May 01, 2010 The following scope of work and compensation is in addition to that specified in the above referenced contract. SCOPE OF SERVICE. This phase of construction management consultant work includes providing the completion of pre-construction management services, community outreach activities, and construction management through June 2013 (anticipated completion date for the project) In addition, the Consultant will provide services at the close-out of the project, supplying the City with required documentation of the work completed Consultant will provide all services necessary to complete the following PRE-CONSTRUCTION MANAGEMENT SERVICES 1 Develop and issue remaining multi-prime bid packages 2 Assist City in pre-qualifying critical contractors for relevant experience 3 Maintain contact with potential bidders, including subcontractors and suppliers, on a regular basis through the bid period Conduct a telephone, electronic and face to face campaign to stimulate and maintain interest in bidding on the project. 4 Assist the City in preparing and placing public notices and advertisements relative to intent to solicit bids on the project. 1 City of Atascadero Bernards 5 Assist the City in development, processing and advertising of Requests for Proposals (RFP's) for specialty consultants necessary to complete the project including, but not limited to testing agencies, inspection services and environmental health and hazardous material specialists 6 Review the construction cost estimates and provide analysis of cost and segregate estimates to reflect bid packaging phasing 7 Manage bid documents by arranging for printing, binding and wrapping, arranging for delivery to bidders, maintaining a complete list of all bidders that receive documents 8 In conjunction with the City and the Architect, conduct pre-bid conference(s) as a forum for presenting the project to potential bidders, and to respond to bidders' questions 9 Coordinate all communications related to bidder inquiries, seek resolutions from the appropriate party, and forward such information to the Architect and bidders in a timely manner Co-operate with the Architect to issue addenda when necessary 10 Review each addendum during the Bid Phases for time, cost or constructability impact and make appropriate comments and recommendations 11 Assist the City in evaluating the bids for completeness and full responsiveness, including bid alternates and unit prices Conduct a pre-award conference with low bidder when necessary, and make formal recommendation to the City with regard to the construction contract award 12 Assist the City in the preparation of staff reports to the City Council for the award of project contracts. 13 Assist the City in settling any disputes arising during bid time 14 Assist the City in obtaining bonds and insurance certificates from Contractor(s) 15 Assist the City in the determination and preparation of the Contractor's Notice to Proceed 16 Conduct, in cooperation with the City and the Architect, a pre-construction orientation conference Record, transcribe and distribute minutes to all parties 17 Provide Phase III cost estimate, and segregate estimates to reflect bid package phasing Amendment#1(January 12,2011) 2 792119.3 City of Atascadero Bernards COMMUNITY OUTREACH PROGRAM 1 Bernard's Outreach Coordinator will continue to work with the City Staff and local community stakeholders in managing a comprehensive program aimed at continuing good community relations, project information distribution, local contractor, vendor and supplier participation and employment opportunities for local individuals seeking work. 2 Bernard's will work with local Builders Exchanges to develop a contact list of all Builders Exchange members interested in working on the project as well as work with he local Blue Book representatives to sort for all local contractors, vendors and suppliers within 30, 60, 90,120 miles radius of the restoration project. 3 Bernard's will electronically send bid notifications to all contractors, vendors and suppliers in the data base, follow up the bid interest notification with telephone contact and then personally contact interested contractors, vendors or suppliers to solidify their participation in the project. 4 Organize and chair a meet the prime contractor's conference for those firms interested developing a working contractual relationship with successful bidders on the projects various trade packages 5 Work with local One Stop, EDD, and Workforce Development agencies in identifying qualified trades people interested in finding work and provide a "meet the contractors"job fair opportunity for each bid period scheduled 6 Manage the project website to be updated with real time information and monthly progress reports to be screened by and attached to the City of Atascadero web site 7 Develop web based job site camera(s) to be accessible 24-7 by the community through the City Web site Provide system infrastructure and deliver images to City in a format acceptable for use with the City IT system Alternatively, the web based job site camera / web link may be replaced by other, mutually agreeable, community outreach programming that provides a similar, effective means to keep the public informed of project progress 8 Assist in the development of a public information program 9 Work with local stakeholders like the Historical Society, school district and special events programmers to develop community events in the park designed to provide updates and information and instill community pride CONSTRUCTION MANAGEMENT SERVICES 1 Provide on-site Construction Manager and clerical support for the duration of the construction process Administer the Prime Contractor's contracts and observe and report on the progress of the work. Amendment#I(January 12,2011) 3 792119.3 City of Atascadero Bernards 2 Maintain all records on site in a systematic format, including but not limited to correspondence, submittals, Requests for Information, Change Orders, inspection records, daily reports, contractor payment records, claims and other documents that arise during the course of the construction 3 Coordinate the review of shop drawings, product data, samples and other submittals Establish and implement procedures for expediting the processing and approval of submittals Manage the submittal schedule 4 Document all related data management and tracking of site/building conditions 5 Create and maintain a photographic record of the project in a bound and labeled form 6 Implement a Matrix of Responsibility for"controls" of documents 7 Collect and review Contractor's monthly labor reports, when submitted with the monthly pay application, for completeness, and forward to City staff for City to review for labor compliance 8 Conduct weekly jobsite progress meetings with the Contractors and appropriate personnel to discuss issues relative to the progress of the work. Record, transcribe and distribute minutes to all attendees, the City, the Architect and all other appropriate parties 9 Conduct weekly Owner's meetings to review all aspects of the project's status with City, Architect/Engineer and regulatory agencies Facilitate the meetings and prepare meeting agendas, minutes and actions items 10 Set up and prepare for pre-construction and post-construction meetings with utility agencies and the Contractor 11 Attend City Council meetings when requested to inform the City Council of construction related issues 12. Coordinate with the City's Building Inspector and construction special testing agency Insure that all technical inspection reports and submittals for shop and mill tests for materials and equipment, are in a format approved the City and are received on a daily basis Assist the City in providing inspection of the project in accordance with regulatory requirements. Assist the City to develop and implement an inspection program to meet the various Codes and regulatory requirements 13 Oversee the site for safety issues and concerns, and notify Contractors, Architect, Engineer and City in accordance with Cal-OSHA requirements 14 Manage any non-conforming work and resolve issues Amendment#1(January 12,2011) 4 792119.3 City of Atascadero Bernards 15 Review Contractor's recommendations related to any issues requiring corrective action for contract compliance with the Architect, Building Inspector and the City staff, and authorize most effective solution 16 Advise and assist the City in the use of contract provisions necessary to achieve contract compliance 17 Review the progress of construction, observe work-in-place and manage stored materials on a monthly basis In cooperation with the Building Inspector and the Architect, review the Contractors' monthly payment requests and certify as accurate for the City's use in processing payment to Contractors 18 Insure that, as part of monthly payment request, Contractor's "as-built" documents are up to date and accurate 19 Review the contractor's schedule submittals, including Initial Contract Schedule, approved Baseline Contract Schedule, required schedule updates, schedule revisions, short interval schedules, recovery schedules and time extensions 20 Monitor the work progress against the schedule, advise the City of the status and recommend action when progress is behind schedule 21 Manage the Change Order process by- establishing and implementing a change order tracking and processing system, receiving change order requests from the Contractor, Architect or the City, negotiating cost and time extensions on behalf of the City when appropriate, evaluating costs and time with respect to the benefits to the project and recommend dispositions, preparing Change Order documents for processing to the Architect and the City and monitoring the change order contingency established in the City's project budget. 22 Monitor the Contractor's offsite handling, transportation and storage of historical building materials 23 Receive and evaluate all claims by the Contractor against the City for additional cost or time due to any alleged cause Obtain factual information concerning the claim and make recommendations for settlements 24 Assist the City to resolve disputes arising from construction and funding issues 25 Prepare and distribute a Monthly Project Status Report which includes work progress, budget evaluation, schedule report, construction photographs and other pertinent information Amendment#1 (January 12,2011) S 792119.3 City of Atascadero Bernards 26 Receive and review Operation and Maintenance Manuals, warranties and guarantees and extra material stock required in the Contract Documents, receive and review Contractor's "As-Built" redlined plans and specifications and transmit to Architect for preparation of "Record Drawings and Specifications", assist the City in close-out procedures required in the General Conditions 27 In conjunction with the Architect, and at the conclusion of all corrective and punch list items, make a final comprehensive review of the project and provide a report to the City indicating the projects acceptability under the Contract Documents, recommend when to file the Notice of Completion and when to process the Contractor's final payment. 28 Provide all project files, prepared for final audit for the funding agency(s) and be prepared to support the payment requests, in detail, as needed and prepare other construction documentation typical for a project of this type All files will be turned over by the Consultant after the completion of the project. 29 Prepare and turn over to City an electronic copy of project files after the completion of the Project. The files will be in a form mutually agreeable to consultant and City 30 Maintain and update a project-based web site to display meeting notes, plans and other relevant documents during the construction phase of the project. 31 Manage site general condition activities and assist City in the procurement of site general conditions, goods and services QUALIFICATIONS 1 Document reproduction /delivery costs to be reimbursed by the City 2 All costs for deputy inspections to be paid directly by the City 3 The duration for Phase II and III of the Project will be February 15, 2011 through June 30, 2013 The City of Atascadero will provide the following 1 Temporary field office with restroom 2 Temporary architect's/inspector's field office 3 Bid document reproduction/delivery 4 Bid advertisement 5 Jobsite security Amendment#1 (January 12,2011) 6 792119.3 City of Atascadero Bernards 1* 6 Jobsite perimeter barricading (portion that is not to be provided by contractors) 7 Temporary installation and cost of power, water and sewer 8 Phone and data service, including phone handsets and monthly service cost 9 Janitorial service 10 Insurance course of construction hazard insurance for building and for temporary field office COMPENSATION. Services will be conducted on a time and material basis, not to exceed the contractual amount of $2,876,562 00 Total fee includes Phase III cost estimate (not to exceed cost $35,000) Reimbursables (and/or general conditions) will be billed for actual costs only, with no mark up, up to a maximum amount of $165,585 00, for the duration of this phase of the contract. The reimbursable allowance of $165,585 00 is included in the total contract amount of $2,876,562.00 Billable time will be invoiced at the following hourly rates Project Executive $17200 Program Manager/Project Manager 15000 Construction Manager 11000 Superintendent 1 13500 Superintendent II 13500 Clerical 5700 Historical Consultant to be determined, (not more than $150 00/hr) These hourly rates may increase at the rate of 3% per year, or CPI, if Consultant can show that actual costs have increased by that increment. TOTAL COST OF CONTRACT AMMENDMENT NOT TO EXCEED $2,876,562.00 WITHOUT PRIOR WRITTEN AUTHORIZATION Amendment#1 (January 12,2011) 7 792119.3 City of Atascadero Bernards 1—*. The contractual amount for staff time is separated into the following categories of work: Estimated Contract Amount FEMA Repair $1,094,897 FEMA Hazard Mitigation 1,153,189 City Repair 509,674 FEMA Administration 118.800 TOTAL $ 2,876,562 Billable time will be clearly delineated by the categories shown above based on asks performed Reimbursables and staff time that cross categories will be billed proportionally, based on each category's percentage of the construction contract. Any additional services authorized by the City of Atascadero, which are not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. Such services will be billed at the same hourly rates as the contract amount. Payment will be made within 30 days after receipt and approval of invoice Payments to the consultant in excess of the contract amount of$2,876,562 00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not authorized for payment. Except as modified by this agreement, the terms of the Consultant Services Agreement entered by the parties on May 01, 2010 shall remain in full force and effect. AGREED to this 12th day of January, 2011 by the parties as follows CITY OF ATASCADERO BERNARDS Wade G McKinney, City Manag r Michael Cawlina President CM Services Approved as to foP' 4/1, r- By- _ -� Brian Pierik, City Attorney Amendment#1 (January 12,2011) 8 792119.3