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Item 10 - Approval of Construction Management Contract with Douglas E. Barnhart AGENDAAEPORT SlJMMARY - TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the - Redevelopment Agency FROM: James L, 80wersox, City Manager/Execu~ Director , ltJ INITIATED BY: John D, Fitch, Assistant City Manager . \ Ma~k s. Weston, Director of Engineering service~ DATE: August 8, 1995 SUBJECT: Approval of a Construction Management Contract with Douglas E, Barnhart for the City Library and Site Development Improvements ABSTRACT For major projects the City has engaged construction management ~onsultants to assist in the coordination of construction activities completed through the City's Capital Improvement Program, The construction of the City library will include channel improvements for Rattlesnake Creek, major site improvements for the City owned property, and construction of the City library. Staff believes the City would be well served by supplementing the City staff with a construction management consultant. Further, engaging a construction management consultant during the design will provide the added benefit of allowing the construction manager to review design alternatives and provide input regarding cost and - constructability. Staff recommends Douglas E, Barnhart perform the construction management activities for the library and site development, ENVIRONMENTAL REVIEW This contract is not subject to environmental review, FISCAL IMPACT Cost of the CM contract will range from $308,108 to $401,230 which is budgeted in the Library project and site development project, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Douglas E, Barnhart RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the contract (Attachment 1) with Douglas E, Barnhart for the construction management of the library and site development improvements, - ACTION 1 of 18 AUG 8 1995 ITEM 10 , ~ AGENDA REPORrl CITY OF POW A Y TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executi:e Di~ INITIATED BY: John D, Fitch, Assistant City Manager~~ ~ Mark S, Weston, Director of Engineerin Service~ DATE: August 8, 1995 SUBJECT: Approval of a Construction Management Contract with Douglas E, Barnhart for the City Library and Site Development Improvements BACKGROUND For major projects the City has engaged construction management consultants to assist in the coordination of construction activities completed through the City's Capital Improvement Program. The construction of the City library will include channel improvements for Rattlesnake Creek, major site improvements for the City owned property, and construction of the City library, This project is a major construction project being designed and constructed at the same time as the $8 million water plant improvements and the $40 million Scripps Poway Parkway project, Staff believes the City would be well served by supplementing the City staff with a construction management consultant. Further, engaging a construction management consultant during the design will provide the added benefit of allowing the construction manager to review design alternatives and provide input regarding cost and constructability, At the completion of the design, the construction manager will be very familiar with all aspects of the design which will be of great benefit during the construction of the project, Staff prepared a Request for Proposal and invited eleven firms with construction management expertise to submit a proposal. The City received seven proposals and from the proposals prepared a short list for interview. Staff then interviewed three consultants; Snyder Langston, Highland Partnership, and Douglas E. Barnhart, CM. Staff conducted a second interview with Highland Partnership and Douglas E, Barnhart and recommended the selection of Douglas E. Barnhart as the construction management consultant. ACTION: 2 A~U of 18 - - -- Agenda Report - Approve Construction Manager for Library August 8, 1995 Page 2 Staff worked with Douglas E, Barnhart to carefully define the scope of services which is shown in the attached contract, Further, staff negotiated a fee which includes design review services, a fixed fee for construction management and a variable fee based on the number of contracts issued during the construction of the facility. FINDINGS The City library project and site development improvements is a major Capital Improvement Project. The City would receive significant benefit by engaging a construction manager and initiating that contract during the design of the facilities, Staff reviewed seven proposals and recommends the selection of Douglas E, Barnhart as the construction manager for the City library and site development improvements, ENVIRONMENTAL REVIEW This contract is not subject to environmental review, FISCAL IMPACT -- Cost of the CM contract will range from $308,108 to $401,230 which is budgeted in the Library project and site development project, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Douglas E. Barnhart RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the contract with Douglas E, Barnhart (Attachment 1) for the construction management of the library and site development improvements, JLB:JDF:MSW:mh Attachments: 1. Contract - 3 of 18 AUG 8 1995 ITEM 10 I STANDARD AGREEMENT FOR CONSUL TANT SERVICES This Agreement, entered into this _ day of . 19_, by and between the POWAY REDEVELOPMENT AGENCY (hereinafter referred to as "Agency") and DOUGLAS E. BARNHART (hereinafter referred to as "Consultant"). RECITALS WHEREAS, Agency desires to obtain the services of a private consultant to periorm construction management services for the Ubrary and Site Development Improvements; and WHEREAS, Consultant is a(n) Construction Management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, Agency has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT AGENCY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1, ScoDe of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2, ComDensatlon and Reimbursement. Agency shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3, Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. ATTACHMENT 1 POWBY Redevelopment Agency 4-25-95 -1- lIUG 8 1995 ITEM 10 4 of 18 - .- 4, Termination. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon SO-day written notice to Consultant. During said SO-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by Agency for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by Agency. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. Agency may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of Agency. Consultant shall limit the use and circulation of such information, even within its own organization. to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information;1 Oil is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations. conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the Agency. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Consultlna Services Provided to Others, Consultant shall not represent any other client, public or private, in addition to Agency during the term of this Agreement unless Consultant first obtains the express written consent of Agency. - Powev Redevelopment Agency 4-25.95 -2- AUG 8 1995 ITEM 10 I 5 of 18 7, Office Space and Clerical SUDDort, Consultant shall provide its own office space and clerical support at its sole cost and expense. Consultant shall be responsible for all their onsite office costs and expenses during the construction of the Ubrary and Site Development Improvements. 8. Covenant Aaalnst Contingent Fees, Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, Agency shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 9. Ownership of Documents. All memoranda, reports. plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of Agency and shall be delivered to Agency by Consultant upon demand. 10. Conflict of Interest and Political Reform Act Obllaatlons, During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the Agency or the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the Agency in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the Agency. Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City of poway in a timely manner on forms which Consultant shall obtain from the City Clerk. POW8V Redevelopmsnt Agency 4-25.95 -3- 6 of 18 AUG 8 1995 ITEM 10 - - 11, No Assianments. .- Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which Agency, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 12. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished, if requested. 13, IndeDendent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway or Agency. Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Consultant accomplishes 14, Ucenses. Permits. Etc, Consultant represents and declares to Agency that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 15, Consunant's Insurance, Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 16. Uablllty. Notwithstanding any other provision contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of Agency or others, caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Consultant shall hold harmless and indemnify Agency, and all officers and employees of City and Agency from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Consultant, _. its employees, or its agents, under this Agreement. POWl!lY Redevelopment Agency 4-25.95 -4- 7 of 18 AUG 8 1995 ITEM 10 I 17, Consultant Not an Agent. Except as Agency may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The Agency shall have the right to review and disapprove personnel for assignment to Poway projects. Agency shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with Agency's drug and alcohol policies then in effect. 19, Notices, Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20, Arbitration. In the event of a dispute between Agency and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the SO-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. 21, Gender, Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. Poway Redevelopment Agency 4-25.95 -5- AUG 8 1995 ITEM 10 I 8 of 18 - - - 22, Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and Agency relating to the terms and conditions of the services to be performed by Consultant. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. Dated: POWAY REDEVELOPMENT AGENCY By: Its: Dated: - Powav Redevelopment Agency 4-25-95 -6- ~UG 8 1995 ITEM 10 9 of 18 "SPECIAL PROVISIONS" EXHIBIT "A" SCOPE OF CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF POWAY'S LIBRARY AND SITE DEVELOPMENT IMPPROVEMENTS A, Desla" Review Services 1. Design Consultation and Review Comments The CM shall review design alternatives proposed by the Architect, Engineer, staff or citizen groups and determine the impact to the construction cost and construction schedule. 2. Schedule CM will develop a schedule mutually agreeable to the design consultants and City and prepare a master project schedule outlining major milestones related to the development of all projects. 3. Constructability, Bidability, Review At the 30% Schematic Design phase and the 70% Construction Drawing phase, the CM shall review the project for constructability and bidability and present comments which will reduce costs while maintaining project quality. In addition, the CM will divide the project into multiple contracts, including the Furniture, Fixture and Equipment contract, and develop bidding packages in concert with the design architects and civil engineer. 4. Permit Responsibility Monitor, assess and assist Owner in expediting all necessary permits to enable construction of all projects from all governmental agencies and utility companies involved. 5. The CM will provide value engineering during the site development phase and at 30% and 70% design reviews to evaluate alternatives to the preferred design and present those comments to the architect and staff. 6. Program Budget Develop and monitor program budget, including design, construction, construction engineering, and environmental costs and track budgets through design and construction phases. POW8V Redevelopment Agency 4-25.95 -1- AUG 8 1995 ITEM 10 I 10 of 18 - - .SPECIAL PROVISIONS. EXHIBIT "A" "- SCOPE OF CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF POWAY'S LIBRARY AND SITE DEVELOPMENT IMPPROVEMENTS A. Design Review Services 1. Design Consultation and Review Comments The CM shall review design alternatives proposed by the Architect, Engineer, staff or citizen groups and determine the impact to the construction cost and construction schedule. 2. Schedule CM will develop a schedule mutually agreeable to the design consultants and City and prepare a master project schedule outlining major milestones related to the development of all projects. 3. Constructability, Bidability, Review At the 30% Schematic Design phase and the 70% Construction Drawing phase, the CM shall review the project for constructability and bidability and present comments which will reduce costs while maintaining project quality. In addition, the CM will divide the project into multiple contracts, including the Furniture, Fixture and Equipment contract, and develop bidding packages in concert with the design architects and civil engineer. 4. Permit Responsibility Monitor, assess and assist Owner in expediting all necessary permits to enable construction of all projects from all governmental agencies and utility companies involved. 5. The CM will provide value engineering during the site development phase and at 30% and 70% design reviews to evaluate alternatives to the preferred design and present those comments to the architect and staff. 6. Program Budget Develop and monitor program budget, including design, construction, construction engineering, and environmental costs and track budgets through design and construction phases. - Poway Redevelopment Agency 4-25.95 -1- AUG B ITEM 11 of 18 1995 10 . -I 7. CM will review and draft revisions to the General and Special Conditions as they relate to single or multiple contract packages. CM will provide contract language for implementing contract specific OA/OC program. B. Construction Management Services 1. Construction Bidding The CM will supervise all bidding activities for the contract packagers). The CM will issue plans to prospective bidders, maintain a list of bidders, issue addenda as prepared by the Architect or Engineer, conduct pre-bid conferences, evaluate bids, recommend low responsible bidders for each bid package and assist City in issuance of contracts. CM will provide bid summary for each contract to City for preparation of Award of Contract. 2. Contract Administration and Pre-Construction CM will manage all aspects of contract administration including but not limited to receipt of executed contract, insurance certification, and bonds. In addition, CM will conduct pre-construction conference and maintain complete documentation of pre-construction activities, 3. Construction Management The CM shall supervise all construction activities at the site while maintaining coordination between all contractors on site. The Construction Manager shall hold weekly and monthly meetings to brief staff, contractors, and architects on project performance. The CM will maintain comparisons of contractor proposed performance verses actual performance and determine what corrective measures are needed to maintain schedules. 4. On-site Supervision The CM shall provide and maintain a management team of sufficient personnel on site to provide contract administration and thereby assure the construction of the facilities are in conformance with the plans and specifications and that the site is maintained in a safe environment and that the project maintains budget and schedule. The Construction Manager will insure construction compliance with applicable codes and construction documents. The CM shall also coordinate all submittal routings, review by the architect, and responses to the contractor. The CM will coordinate all specialty inspection, testing and surveying as required. CM will provide all specialty inspection and testing within the scope of this contract within the fees proposed. Po way Redevelopment Agency 4.25.95 -2- AUG 8 1995 ITEM 10 \ 12 of 18 .- 5. Construction OA/OC The CM shall develop, implement, and manage a construction phase quality assurance/quality control (OA/OC) program. This OA/OC program shall define goals, identify criteria and elements, provide an implementation plan, develop a testing program, and include a training program. 6. Construction Controls a. Schedule of Values The CM shall develop guidelines, and review and approve the contractor(s) Schedule of Values to be used for progress payments. b. Progress Payments CM shall review monthly Progress Payment applications submitted by the contractor and recommend payment or adjustments to the City. c. Scheduling The CM will be responsible for monitoring and reporting on schedule performance at regular intervals. Monitoring shall include submittals and material procurement. The CM will provide the City recommendations to correct unsatisfactory contractor performance and implement recommendations approved by City. d. Costs The CM will be responsible for monitoring all project costs and preparing monthly reports to track conformance of budget objectives. e. Change Order/Request for Information Tracking The CM shall develop and implement a Change Order/Request for Information tracking system for the project. f. Document Control/Record Keeping The CM shall develop and implement a centralized records management system suitable to track all documents connected to the various components of the construction activity. Poway Redevelopment AQency 4-25.95 -3- AUG 8 1995 ITEM 10 , 13 of 18 -- g. Project Safety The eM shall require the contractor to develop, maintain, coordinate, and implement an overall safety program to insure a safe overall working environment for all workers, staff, and visitors to the site. The CM shall monitor and report on contractor's performance. h. Claims Management The CM shall develop and implement a claims reduction and claims resolution plan, 7. Monthly Report The CM will provide monthly progress reports during design and construction activities. 8. Partnering The CM shall develop and organize a construction phase partnering workshop and maintain a partnering atmosphere at the job site. Commitments made during the partnering agreement shall be tracked by the CM. 9. Construction Site Security The CM shall require the contractor to develop and implement a plan to provide security at the construction site for the duration of the project. CM shall monitor and report to the City. 10. Project Closeout The CM shall supervise the contract(s) closeout process, including financial/accounting documentation and assist in resolving any contract disputes. Powey Redevelopment Agency 4.25.95 -4- AUG 8 1995 ITEM 10 14 of 18 B, ComDensatlon and Reimbursement. Agency shall pay Consultant a fee as shown on Exhibit "B". Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C, Term of Agreement. This Agreement shall be effective from the period commencing August 15, 1995 with completion of construction estimated in December 1997, unless sooner terminated by Agency as provided in the section of this Agreement entitled ''Termination.'' Upon expiration or termination of this Agreement, Consultant shall return to Agency any and all equipment, documents or materials and all copies made thereof which Consultant received from Agency or produced for Agency for the purposes of this Agreement. D. Consultant's Insurance. 1. CoveraQes: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a). Comorehensive General Uability . including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Uability . . . . . . . . . . . . . . . . . . . . . $ 500,000 per person per occurrence / . .. $1,000,000 aggregate per occurrence $500,000 property damage per occurrence Poway Redevelopment Agency 4-25.95 -5- 15 of 18 AUG 8 1995 ITEM 10 -------------- (b) Automobile Uability. including owned, hired, and non-owned vehicles with the following insurance coverages: AutoUability ....................... $ 500,000 per person per occurrence/ .. . $1,000,000 aggregate per occurrence $100,000 property damage per occurrence (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Uability Insurance with policy limits of not less than $1,000,000.00 combined single limits, per claim and annual aggregate. (d) Workers' Comoensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Uability Insurance or Workers' Compensation.) "POWAY REDEVELOPMENT AGENCY and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with Agency." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to Agency." (c) Primary CoveraQe. "The policy provides primary coverage to Agency and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by Agency." 3. Insurance Certificates: Consultant shall provide Agency certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by Agency, prior to beginning work under this Agreement. Powey Redevelopment Agency 4-25.95 -6- AUG 8 1995 ITEM 10 I 16 of 18 E, Notices, All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To Engineering Services Director: poway Redevelopment Agency 13325 Civic Center Drive P.O. Box 789 Poway, CA 92074 To Consultant: Douglas E. Barnhart 16981 Via Tazon San Diego, CA 92128 Powey Redevelopment Agency 4-25-95 -7- AUG 8 ITEM 10 1995 17 of 18 EXHIBIT "B" LIBRARY/SITE DEVELOPMENT IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES DOUGLAS E. BARNHART CONTRACT DESIGN/PRECONSTRUCTION $ 33,280 CONSTRUCTION SERVICES 1. Fixed Fee 4% of Construction Bids $176,000* *Estimated at $4.4 Million. Based on actual bid prices of construction at time of award. No adjustments for change orders will be allowed. 2. Contract Management (Variable) a. General Contractors $ 98,828 OR OR b. Multiple Prime Contractors $191,950 Fee Range $308,108 to $401,230** **Fee not to exceed $308,108 for project awarded to general contractors for each project. Fee not to exceed $401,230 for project awarded to multiple prime contractors for each project. AUG 8 ITEM 10 . 1995 18 of 18