HomeMy Public PortalAboutTCM Group, Inc.CITY OF CARSON
And
CARSON REDEVELOPMENT AGENCY
t
TCM
City of Carson 1 TCM Group, Inc. - I
Project No. 919: Wilmington Avenue 11-405 Construction MaaagemenL Federal No. IAPLUL-5403(617)
?VPROVIDE
SERVICES FOR THE CARSON REDEVELOPMENT AGENCY AND
THE CITY OF CARSON
This CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into
this 1.7`x' day of February 2009 , by and between the CITY OF CARSON, a general law city
and a municipal corporation / the CARSON REDEVELOPMENT AGENCY, a public body,
corporate & politic, and a political. subdivision of the State of California ("Agency") and TCM
CROUP, INC,, a California corporation ("Engineer"). The term Engineer includes qualified
professional engineers acting to render construction management services of any kind. The
parties hereto agree as follows:
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Engineer shall provide those services specified in the "Scope of Services" in
connection with that certain project identified as: Wilmington Avenue Interchange Modification
at the 1-405 Freeway, Project No. 919, attached hereto as Exhibit "A" and incorporated herein by
this reference, which services may be referred to herein as the "services" or "work" hereunder.
The Development Services Group (DSG) General Manager, or his or her designee, shall have the
right to review and inspect the work during the course of its performance at such tildes as may be
specified by the General Manager. As a material inducement to the Agency entering into this
Agreement, Engineer represents and warrants that Engineer is a provider of first class work and
services and Engineer is experienced in performing the work and services contemplated herein
and, in light of such status and experience, Engineer covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice recognized by
one or more first-class firms performing similar work under similar circumstances.
1.2 Post Award Audit. DELETED (NIA)
1.3 Engineer's Proposal. The Scope of Services shall include the Engineer's proposal
or bid which shall be incorporated herein by this reference as though fully set forth herein. In the
event of any inconsistency between the terms of such proposal and this Agreement, the terms of
this Agreement shall govern.
1.4 Compliance with Law. .All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the Agency and
any Federal, State or local governmental agency having jurisdiction in effect at the time service
is rendered.
1.5 Licenses Permits Fees and Assessments. Engineer shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law, including a City of
Carson business license as required by the Carson municipal code, for the performance of the
services required by this Agreement. Engineer shall have the sole obligation to pay for any fees,
City of Carson / TCM Group, Inc. -2-
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Project No. 9i9. Wilmington Avenue! I-405 Construction Management Federal leo. 11NLUL-5403(017)
assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Engineer's performance of the services required by this
Agreement, and shall indemnify, defend and hold harmless Agency against any such fees,
assessments, taxes penalties or interest levied, assessed or unposed against Agency hereunder.
1.6 Familiarity with 'Work. By executing this Contract, Engineer warrants that
Engineer (a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. If the services involve work Ippon any site, Engineer warrants that Engineer has or
will investigate the site and is or will be fully acquainted with the conditions there existing, prior
to commencement of services hereunder. Should the Engineer discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Engineer
shall immediately inform the Agency of such fact and shall not proceed except at Engineer's risk
until written instructions are received from the Contract Officer.
1.7 Care of Work. The Engineer shall adopt reasonable methods during the life of the
Agreement to famish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
Agency, except such losses or damages as may be caused by Agency's own negligence.
1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the piu-poses of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.9 Additional Services. DELETED
1.1.0 Engineer's Personnel. All services required under this Agreement will be performed
by Engineer, or under Engineer's direct supervision, and all personnel shall possess the
qualifications, permits and licenses required by State and local law to perform such services.
Engineer shall be solely responsible for the satisfactory work performance of all personnel
engaged in perfonrning services required by this Agreement.
Engineer shall be responsible for payment of all employees' and subcontractor's wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security, and any other employee benefits.
Engineer shall indemnify and hold harmless the Agency from any liability, damages, claims,
costs and expenses of any nature arising from alleged violations of personnel practices.
1.11 Hazardous Materials. Notwithstanding any other provision of this Agreement, the
Engineer and Engineer's sub -consultants shall have no responsibility for the discovery, presence,
handling, removal, disposal or exposure of persons to hazardous materials in any form at the project
site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB)
or other toxic substances.
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1.12 Design Standards. The following standards shall apply to and govern the design of
this project:
(a) Standard Specifications for Public W6rks Construction (latest edition)
(b) State of California, Department of Transportation, Standard Specifications
(latest edition).
.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Engineer shall be compensated in accordance with the "Cost Proposal" attached hereto as Exhibit
"C" and incorporated herein by this reference, but not exceeding the maximum contract amount
of Two Mifflon Nie Hundred and Ninety Eight Thousand, Seven Hundred and Eighty
Eight Dollars and Zero Certs ($2,998,788,08) ("Contract Sum"), except as provided in Section
1.9. The Contract Sum shall include the attendance of Engineer at all project meetings
reasonably deemed necessary by the Agency; Engineer shall not be entitled to any additional
compensation for attending such meetings.
Agency shall reimburse the Engineer for actual hours incurred by the Engineer in
performance of the work per discipline at the billing rates as indicated on Exhibit "C". Annual
escalation may be allowed in Agency's sole discretion at a rate not to exceed 5% commencing in
January of each year.
Agency shall reimburse Engineer for its direct non -salary costs which are directly
attributable and properly allocable to the project. Direct non -salary costs include Engineer's
payment to others engaged by Engineer on work necessary to fulfill the terms of this Agreement as
indicated on Exhibit -C", attached hereto, and incorporated by this reference.
Agency shall reimburse Engineer, in accordance with Department of Personnel
Administration (DPA) Guidelines, for travel expense of Engineer necessary to fulfill the terms of
this Agreement which have been approved in advance in writing by Agency, including airfare and
out-of-pocket costs, for employees while away from their regular place of duty and directly engaged
on the project.
2.2 Cost Principles. Engineer agrees that the Contract Cost Principles and Procedures,
48 CFH Federal Acquisition Regulations System, Chapter 1, part 31.000 et seq., shall be used to
determine eligibility of individual items of cost.
EQUIPMENT PURCHASE
A. Prior authorization in writing, by the Agency's Contract Manager shall be required before the
Engineer enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for
supplies, equipment, or Engineer services. The Engineer shall provide an evaluation of the
necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in the Engineer's Cost
Proposal and exceeding $5,000 prior authorization by the Agency's Contract Manager; three
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competitive quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: "The
Engineer shall maintain an inventory of all nonexpendable property. Nonexpendable property
is defined as having a useful life of at least two years and an acquisition cost of $5,000 or
more. If the purchased equipment needs replacement and is sold or traded in, the Agency shall
receive a proper refund or credit at the conclusion of the contract, or if the contract is
terminated, the Engineer may either keep the equipment and credit the Agency in an amount
equal to its fair market value, or sell such equipment at the best price obtainable at a public or
private sale, in accordance with established Agency procedures; and credit the Agency in. an
amount equal to the sales price. If the Engineer elects to keep the equipment, fair market value
shall be determined at the Engineer's expense, on the basis of a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to by the Agency and the Engineer, if it is determined to sell the equipment, the
terms and conditions of such sale must be approved in advance by the Agency."
D. All subcontracts in excess $25,000 shall contain the above provisions
2.3 Adaxiinistrative Requirements. Engineer agrees to comply with Federal procedures
in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Government.
2.4 Method_ of Payment. This contract is an "hourly billing rate of compensation"
agreement. But the total compensation for each discipline shall not exceed the negotiated amount
shown on Exhibit "C". Engineer's invoices shall be submitted once every month in the form
approved ujthe r"� elicy`s Adliiiaiistrative Sezvices General 1wanager and shall include the number
of hours worked for each discipline listed on Exhibit "C" at the hourly billing rates for employees
engaged on the project. Agency shall pay said invoices within thirty (30) days following receipt
from Engineer and approval by Agency original invoices, Except as provided in Section 7.3,
Agency shall pay Engineer for all expenses stated thereon which are approved by Agency
pursuant to this Agreement no later than the last working day of the month.
2.5 Availability of Funds. It is mutually understood between the parties that this
Agreement is valid and enforceable only if sufficient funds are made available by the City
Council of the City of Carson for the purposes of this Agreement. The availability of funding is
affected by matters outside the Agency's control, including other governmental entities.
Accordingly, the Agency has the option to void the whole Agreement or to amend the
Agreement to reflect unanticipated reduction in funding, for any reason.
2.6 Retention. Agency shall withhold 5% of each progress payment. The amount
retained for each phase of the work shall be paid after satisfactory perforrnance and completion of
each Task of the work as defined in Exhibit "A", Scope of Work
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. The execution of this Agreement by the parties does
not constitute an authorization to proceed. This Agreement shall go into effect on July 1, 2010 and
City of Carson / TCM Group, Inc. -5
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the Engineer shall commence work after notification to proceed by the Agency, acting by and through
its ISG General Manager. The contract shall end on December 31, 2012, unless extended by contract
amendment. The work described in Exhibit "A" as Task A.1 through Task A.3.4 shall be
completed within 720 calendar days, which includes construction period. and the post
construction services, following Engineer's receipt of the Notice to Proceed, in accordance with
Exhibit "I3" and Exhibit "C", project schedule and estimated fee. Engineer shall have no claire
for compensation for any services or work which has not been authorized in writing by the
.Agency's Notice to Proceed
3.3 Extension of Time for Corrlpletion of `Mork. If, at any time, the work is delayed due
to a suspension order by Agency, or due to any other cause which, in the reasonable opinion of the
Agency, is unforeseeable and beyond the control and not attributable to the fault or negligence of
Engineer, there Engineer shall be entitled to an extension of time equal to said delay, subject to the
Agency's right to terminate this Agreement pursuant to Section 7.8.
Engineer shall submit to Agency a written request for an extension of time within ten (10)
days after the commencement of such delay, and failure to do so shall constitute a waiver thereof.
Agency shall, in its sole discretion, detenxline whether and to what extent any extensions of time
shall be permitted.
No extension of time requested or granted hereunder shall entitle Engineer to additional
compensation unless, as a consequence of such extension, additional work must be performed. In
such event, .Agency shall in good faith consider any request for additional compensation submitted
by Engineer.
3.4 Force Majeure. The time period(s) specified in Exhibit "E" for performance of
the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Engineer,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the Agency, if the Engineer
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Engineer be entitled to recover darnages against the Agency for any delay in the performance of
this Agreement, however caused, Engineer's sole remedy being extension of the Agreement
pursuant to this Section.
4.1 Roresentative of Engine_er. The following principals of Engineer are hereby
designated as being the principals and representatives of Engineer authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
City of Carson / TCM Group, Inc. -6-
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6Project No, 919: Wilmington Avenue / 1-405 Construction Management Federal No. HPLUL-5403(017)
S. MICHAEL TAHAN.
Vice President
TCM Group, Inc.
3130-B Inland Empire Blvd
Ontario, CA 91764
(909) 527-8580
4.2 Contract Officer. The Contract Officer shall be such person as may be designated
by the Agency. It shall be the Engineer's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Engineer shall refer any
decisions which must be made by Agency to the Contract Officer. Unless otherwise specified
herein, any approval of Agency required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency
required hereunder to carry out the terms of this Agreement.
The Contract Officer shall be:
M. Victor Rollinger, P.E.
Development Services Group General Manager
City of Carson
701 E. Carson Street
Carson, CA 90745
4.3 Modification of Personnel. The experience, knowledge, capability and reputation
of Engineer, its principals and employees were a substantial inducement for the Agency to enter
into this Agreement. Therefore, Engineer shall not contract with any other entity to perform in
whole or in part the services required hereunder without the express written approval of the
Agency. No person named in the original proposal, or his/her successor approved by the Agency,
shall be removed or replaced by Engineer, nor shall his/her agreed-upon function or level of
commitment hereunder be changed, without the prior written consent of Agency. Should the
services of any key person become no longer available to Engineer due to death, retirement, injury,
illness or if the person is no longer employed by Engineer, the resume and qualifications of the
proposed replacement shall be submitted to Agency for approval no more than ten (10) calendar
days following Engineer's receipt of notice of future unavailability of the key person. Agency shall
respond to Engineer within seven (7) calendar days following receipt of the qualifications
concerning acceptance of the candidate for replacement.
4.4 Liquidated Damages. for Modification of Personnel. Engineer acknowledges and
agrees that the key personnel identified in the proposal are an essential element of this Agreement
and that reassigning or reducing the commitment level of such key personnel will result in damages
being sustained by Agency. Since it is impracticable and extremely difficult to ascertain and
determine the actual damages„ which would accrue to Agency in such event, it is farther agreed that
should the Engineer reassign., remove or reduce the full-time status of the key personnel, within the
first two years of this Agreement, Engineer agrees to pay Agency liquidated. damages in. the amount
of Twenty -Five Thousand Dollars ($25,000.00) per each instance as deemed compensation to
Agency for such damages. Engineer understands and agrees that any damages payable in
accordance with this provision are in the nature of liquidated damages and not a penalty and such
sums are reasonable under the circumstances existing as of the proposal date. Agency shall have the
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right to deduct any amount owed by Engineer to Agency hereunder from any amount owned by
Agency to Engineer, including any retention which may be payable by Agency to Engineer.
4.5 Prohibition Against Subcontracting or Assi ninent. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit ofcreditors or otherwise,
without the prior written approval of Agency; provided, however, that claims for money due or to
become due to Engineer from Agency under this Agreement may be assigned to a bank, trust
company or other financial institution without such approval. Transfers restricted hereunder shall.
include the transfer to any person or group of persons acting in concert of more than twenty five
percent (25%) of the present ownership and/or control of Engineer, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the
Engineer or any surety of Engineer of any liability hereunder without the express consent of
Agency.
4.6 Proposed Delegation, AssigLiment or Subcontract. Any proposed delegation,
assignment, or subcontract shall provide a. description of the services to be covered, identification of
the proposed assignee, delegee, or subcontractor, and an explanation of why and how the same was
selected, including the degree of competition involved. Any proposed agreement with an assignee,
delegee, or subcontractor shall include the following:
(a) The amount involved, together with Engineer's analysis of such cost or price.
(b) A provision requiring that any subsequent modification or m-nendment shall
be subject to the prior written consent of the Agency.
.Any assignment, delegation, or subcontract shall be made in the name of the Engineer and
shall not bind or purport to bind Agency and shall not release the Engineer fxom any obligations
under this Agrecrnent including, but not limited to, the duty to properly supervise and coordinate the
work of employees, assignees, delegees, and subcontractors. No such assignment, delegation or
subcontract shall result in any increase in the amount of total compensation payable to Engineer
under- this Agreement.
Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall
contain all the provisions stipulated in this Agreement to be applicable to subcontractors. All
contracts with subcontractors shall contain all of the following provisions: Section 2. 1, Contract
Sum; Section 2.2, Cost Principles; and Section 2.3, Administrative Requirements; Section 2.6,
Retention; and Section 6.2, Records,
4.7 Independent Contractor. Engineer shall have no power or authority to incur any
debt, obligation, or liability on behalf of the Agency or otherwise act on. behalf of Agency as an
agent. Neither the Agency nor any of its employees shall have any control over the manner,
mode or means by which Engineer, its agents or employees, perforin the services required
herein, except as otherwise set forth herein. Agency shall have no voice in the selection,
discharge, supervision or control of Engineer's employees, servants, representatives or agents, or
in. fixing their number; compensation or hours of service. Engineer shall perforin all services
required herein as an independent contractor of Agency and shall remain at all times as to
Agency a wholly independent contractor with only such obligations as are consistent with that
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role. Engineer shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency. Agency shall not in any way or for any purpose
become or be deemed to be a partner of Engineer in its business or otherwise or a joint venturer
or a member of any joint enterprise with Engineer. Engineer agrees to pay all required taxes on
amounts paid to Engineer under this Agreement, and to indemnify and hold Agency harmless from
any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the
independent contractor relationship created by this Agreement. Engineer shall fully comply with the
workers' compensation law regarding Engineer and Engineer's employees. Engineer further agrees
to indemnify and hold Agency harmless from any failure of Engineer to comply with applicable
worker's compensation laws. Agency shall have the right to offset against the amount of any fees
due to Engineer under this Agreement any amount due to Agency from. Engineer as a result of
Engineer's failure to promptly pay to Agency any reimbursement or indemnification arising under
this section.
5.1 Insurance. Engineer shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to Agency, during the entire term of this Agreement including
any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance using Insurance Services Office "Commercial General Liability" policy fbrm
CG 00 01, with an edition date prior to 2004, or the materially equivalent. Coverage for an
additional insured shall not be limited to its vicarious liability. Defense costs must be paid in
addition to limits. Limits shall be no less than $2,000,000 general aggregate.
(b) Workers' Compensation Insurance. A policy of workers' compensation
insurance on a state -approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident for all covered losses.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than $1,000,000 per accident,
combined single limit. Said policy shall include coverage for owned, non -owned, leased and.
hired cars.
(d) Professional __Liability Insurance. A policy of professional liability
insurance in an amount not less than $5,000,000 per claim with respect to loss arising fiom the
actions of Engineer performing professional services hereunder on behalf of the Agency.
All of the above policies of insurance shall be primary insurance and shall name the
Agency, its officers, employees and agents as additional insured, except for Workers
Compensation and Professional Liability Insurance. The insurer shall waive all rights of
subrogation and contribution it may have against the Agency, its officers, employees and agents
and their respective insurers. All of said policies of insurance shall provide that said insurance
may be not cancelled, terminated or reduced without providing thirty (30) days prior written
notice by registered mail to the Agency. In the event any of said policies of insurance are
cancelled or amended, Engineer shall, prior to the cancellation or amendment date, submit new
evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
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services under this Agreement shall commence until Engineer has provided Agency with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said. Certificates of Insurance or binders are approved by Agency.
Policies providing for bodily injury and property damage coverage shall contain: a
"Severability of Interest" clause and an elimination of any exclusion regarding loss or damage to
property caused by explosion or resulting collapse of buildings or structures or damage to property
underground, commonly referred to by insurers as the "XCU " hazards.
Engineer agrees that the provisions of this Section .5.1 shall not be construed as limiting
in any way the extent to which Engineer may be held responsible for the payment of damages to
any persons or property resulting from Engineer's activities or the activities of any person or
persons for which Engineer is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Dating Guide, The Ivey Rating Guide or in the Federal Register, and only if they are of a
financial category Class VIII or better, unless such requirements are waived by the Risk Manager
of the Agency due to unique circumstances.
In the event the Engineer subcontracts any portion of the work in compliance with Section 4.6 of
this Agreement, the contract between the Engineer and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Engineer is required to maintain
pursuant to this Section 5.1, except the Professional. Liability Insurance which should be not less
than $1,000,000.
Any policy or policies of insurance that Engineer elects to carry as insurance against loss
or damage to its equipment and tools or other personal property used in the performance of this
Agreement shall include a provision waiving the insurer's right of subrogation against the
Agency.
5.2 Indemnification. Engineer agrees to indemnify Agency, its officers, agents,
employees, and elected or appointed officials from and against, and will hold and save them and
each of them harmless from, any and all actions, suits, claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")
that may be asserted or claimed by any person, firm or entity arising out of or in connection with
the negligent performance of the work, operations or activities of Engineer, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Engineer hereunder, or arising from Engineer's negligent performance of or failure
o perform any terax , provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the Agency, its officers„ agents or
employees except to the extent arising from the negligence or willful misconduct of the Agency,
its officers, agents or employees, who are directly responsible to the Agency, and in connection
therewith:
(a) Engineer will defend any action or actions tiled in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys`
fees incurred in connection therewith:
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(b) Engineer will promptly pay any judgment rendered against the Agency, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Engineer hereunder; and Engineer agrees to save and hold the Agency, its officers, agents, and
employees harmless therefrom;
(c) In the event the Agency, its officers, agents or employees is made a party
to any action or proceeding fled or prosecuted against Engineer for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Engineer hereunder, Engineer agrees to pay to the Agency, its
officers, agents or employees, any and all costs and expenses incurred by the Agency, its
officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
6.1 Reports. Engineer shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Engineer hereby acknowledges that the Agency is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement. For
this reason, Engineer agrees that if Engineer becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the work or
services contemplated herein or, if Engineer is providing design services, the cost of the project
being designed, Engineer shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and, if Engineer
is providing design services, the estimated increased or decreased cost estimate for the project
being designed.
6.2 Records. Engineer shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer or the
California Department of Transportation to evaluate the performance of such services. The
Contract Officer and the California Department of Transportation shall have full and fi-ee access
to such books and records at all times during normal business hours of Agency, including the
right to inspect, copy, audit and make records and transcripts from such records. Such records
shall be maintained for a period of three (3) years following completion. of the services
hereunder, and the project is "accepted as complete" by the city of Carson City Council and the
Carson Redevelopment Agency Board, and the State, the State Auditor, Local Agency, FFIWA,
or any duly authorized representative of the federal government shall have access to any books,
records, and documents of the Consultant that are pertinent to the contract for audit, examination,
excerpts, and transaction, and copies thereof shall be furnished if requested. Accounting records
shall be kept indefinitely due to ongoing audits until notified by the California Department of
Transportation.
For the purpose of determining compliance with Public Contract Code 10115, et seq, and Title
21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other
matters connected with the performance of the contract pursuant to Government Code 8546.7;
the Engineer, subcontractors, and the Agency shall maintain all books, documents, papers,
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accounting records, and other evidence pertaining to the performance of the contract, including
but not limited to, the costs of administering the contract. .All parties shall make such materials
available at their respective offices at all reasonable times during the contract period and for
three years from the date of final payment under the contract. The state, the Mate Auditor,
Agency, FHWA, or any daily authorized representative of the federal government shall have
access to any books, records, and documents of the Engineer that are pertinent to the contract
for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if
requested.
Subcontracts in excess of $25,000 shall contain this provision.
6.3 Ownership of Documents. All reports, records, documents and other materials
prepared by Engineer, its employees, subcontractors and/or agents in the perfonnance of this
Agreement shall be the property of Agency and shall be delivered to Agency upon request of the
Contract Officer or upon the termination of this Agreement, and Engineer shall have no claim for
further employment or additional compensation as a result of the exercise by Agency of its full
rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Engineer will be at the Agency's sole risk and without liability to Engineer,
and the .Agency shall indemnify the Engineer for all damages resulting therefrom. Engineer may
retain copies of such documents for its own use. Engineer shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to Agency of
any documents or materials prepared by them, and in the event Engineer fails to secure such
assignment; Engineer shall indemnify Agency for all damages resulting therefrom. if this
Agreement is terminated according to Section 7.8, the Engineer shall have no responsibility or
liability for any use by the Agency of unfinished documents or documents or other materials revised
by the Agency without the written approval of the Engineer.
6.4 release of Documents. The reports, records, documents and other materials
prepared by Engineer in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
A. All financial, statistical, personal, technical, or other data and information relative to the City of
Carson and the Agency's operations, which are designated confidential. by the City/Agency and
made available to the Engineer in order to carry out this contract, shall be protectedby the Engineer
from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the Agency relating
to the contract, shall not authorize the Engineer to further disclose such information, or disseminate
the same on any other occasion.
C. The Engineer shall not comment publicly to the press or any other media regarding the contract or
the Agency's actions on the same, except to the Agency's staff, Engineer's owls personnel involved
in the performance of this contract, at public hearings or in response to questions from a Legislative
committee.
D. The Engineer shall not issue any news release or public relations item of any mature, whatsoever,
regarding work perfoimed or to be performed under this contract without prior review of the
contents thereof by the Agency, and receipt of the Agency's written permission.
City of Carson / TCM Group, Inc. _ l 2 ..
Project No. 919_ Wihnindton Avmue / I-405 Construction Management Federal No. HPLUL-5403(017)
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this
Article.
6.5 Data Provided to Engineer. Agency shall provide to Engineer, without charge, all
data, including reports, records, maps, and other information, now in the Agency's possession,
which may facilitate the timely performance of the work described in Exhibit "A."
6.6 Patent Rights. The insurance of a patent or copyright to Engineer or any other
person shall not affect Agency's rights to the materials and records prepared or obtained in the
performance of this Agreement. Agency reserves a license to use such materials and records without
restriction or limitation, and Agency shall not be required to pay any additional fee or royalty for
such materials or records. The license reserved by Agertcy shall continue for a period of fifty years
from the date of execution of this Agreement, unless extended by operation of law or otherwise.
6.7 Copyrights. The .Agency may permit copyrighting reports or other products of `chis
Agreement. Agency, Caltrans, and/or the Federal Highway Administration, shall have the royalty_
free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize
others to use the work for govermTtent purposes. The Engineer shall have no liability for any data
used on any other project or extension of this project.
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted irl LAIC OUJJ�iior �-VUti of Lite t°^..o-arty of Los Angeles, State of
California, or any other appropriate court in such county, and Engineer covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action. Engineer shall
comply with all Federal, State, and local laws and ordinances applicable to the work including
compliance with prevailing wage rates and their payment in accordance with California Labor Code
Section 1775.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring
party completes to cure such default within ten (10) days of service of such notice, or such longer
period as may be permitted by the injured party, provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of
this Agreement for cause and to any legal action, and such compliance shall not be a waiver, of
any party's right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit Agency's or the Engineer's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Engineer hereby authorizes Agency to deduct from any
amount payable to Engineer (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate Agency for
any losses, costs, liabilities, or damages suffered by Agency, and (ii) all amounts for which
City of Carson/ TCM Group, Inc. l 3 _
Project No. 9.19: Wilmington Avenuel 1-405 Construction Management Federal No. 1SPLUL-5403(017)
Agency may be liable to third parties, by reason of Engineer's acts or omissions in performing or
failing to perform Engineer's obligation under this Agreement. In the event that any claim is
made by a third party, the amount or validity of which is disputed by Engineer, or any
indebtedness shall exist which shall appear to be the basis for a claim of lien, Agency may
withhold from any payment due, without liability for interest because of such withholding, an
amount sufficient to cover such claim. The failure of Agency to exercise such right to deduct or
to withhold shall not, however, affect the obligations of the Engineer to insure, indemnify, and
protect Agency as elsewhere provided herein.
7.4 Waiver, No delay or omission in the exercise of any right or remedy by a non -
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act, Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement. In no event shall the malting by Agency of any payment to Engineer constitute or be
construed as a waiver by Agency of any breach of covenant, or any default which may then exist on
the part of Engineer, and the malting of any such payment by .Agency shall in no way impair or
prejudice any right or remedy available to Agency with regard to such breach or default.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may tape
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Tem -i. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The Agency reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' advance written notice to Engineer, except that
where termination is due to the fault of the Engineer, the period of notice may be such shorter
time as may be determined by the Contract Officer. Upon receipt of any notice of termination,
Engineer shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. if this Agreement is ten-ninated by Agency as provided herein,
Engineer will be paid a total amount equal to its costs as of the termination date, plus ten percent
(10%) of that amount for profit, except as provided in Section 7.3. In no event shall the amount
payable upon termination exceed the total maximum compensation provided for in this Agreement.
In the event of termination without cause pursuant to this Section., the terminating party need not
provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. The
Engineer shall have no responsibility or liability for any use by the Agency of unfinished documents
or documents or other materials revised by the Agency without the written approval of the Engineer.
City of Carson/ TCM Group, Inc. _ 14 -
Projecl No. 419: Wilmington Avenuel 1-405 Construction Management Federal No. HPLUL,5403(017)
7.8 Termination for Default of Engineer. The Contract Officer may, by written notice
to Engineer, terminate the whole or any part of this Agreement in any of the following
circumstances,
(a) If :,ngineer fails to perform the services required by this Agreement within
the time specified herein or any authorized extensi6n thereof, or
(b) If Engineer fails to perform the services called for by this Agreement or so
fails to make progress as to endanger performance of this Agreement in accordance with its terms,
and in either of these circumstances does not correct such failure within a period often (10) days (or
such longer period as Agency may authorize in writing) after receipt of notice from Agency
specifying such failure.
If termination is due to the failure of the Engineer to fulfill its obligations under this
Agreement, Agency may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Engineer shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the Agency shall use reasonable efforts to mitigate
such damages), and Agency may withhold any payments to the Engineer for the purpose of set-
off or partial payment of the amounts owed the Agency as previously stated.
If this Agreement is terminated as provided in this Section, Agency may require Engineer to
provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports,
etc., prepared by Engineer. Upon such termination, Engineer shall be paid an amount equal to the
contract amount, less the cost of hiring another consultant to complete Engineer's services. In the
event no new consultant is employed, Engineer shall be paid an amount equal to the value of the
work performed. In ascertaining the value of the work performed up to the date of termination,
consideration shall be given to both completed work and work in progress, to complete and
incomplete drawings, and to other documents whether delivered to Agency or in possession of
Engineer, and to authorized reimbursement expenses.
7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees
shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall
be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.1 Non -liability of Agency Officers and Employees. No officer or employee of the
Agency shall be personally liable to the Engineer, or any successor in interest, in the event of any
default or breach by the Agency or for any amount which may become due to the Engineer or to
its successor, or for breach of any obligation of the terms of this Agreement.
City of Carson l TCM Group, Inc. - 15 -
Project No. 919: Wilmington Avenue" 1-405 Construction Management Federal No. HPLUL-5403(017)
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Engineer warrants that it
has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement. When requested by the Contract Officer, prior to the Agency's
execution of this Agreement, Engineer shall provide the Agency with an executed statement of
economic interest.
8.3 Covenant A ainst Discrimination. Engineer covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Engineer shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin, or ancestry. Affirmative action relating to employment shall
include, but not be limited to the following: employment, upgrading, demotion or transfer;
recruitment; layoff or termination; rates of pay or other forms of corripensation; and selection for
training including apprenticeship.
The provisions of Section 8.3 above shall be included in all solicitations or advertisements
placed by or on behalf of Engineer for personnel to perform any services under this Agreement.
Agency shall have access to all documents, data and records of Engineer and its subcontractors for
purposes of deterrnining compliance with the equal employment opportunity and non-
discrimination provisions of this Section, and all applicable provisions of Executive Order
No. 11246 which is incorporatedherein by this reference. A copy of Executive Order No. 11246 is
available for inspection and on file with the Engineering Services Division.
8.4 Employment of City of Carson Residents. To the greatest extent feasible,
Engineer shall endeavor to employ residents of the City of Carson in the rendering of the
services required by this Agreement. All solicitations for employment arising in whole or in part
out of the execution of this agreement, whether full -or part-time, new or replacement hires, shall
be listed with the Carson Job Clearinghouse and. the Workforce Investment Network Board. To
list employment opportunities contact:
Workforce Investment Network Board
One Civic Plaza, Shite 500, Carson Ca. 90745 (310) 518-8200
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the Agency, to the Agency Manager and to the attention of the Contract Officer, CARSON
REDEVELOPMENT AGENCY, 701 East, Carson Street, CARSON, California 90745, and in
the case of the Engineer, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours fi-om the time of mailing if mailed as provided in this Section.
City of Carson / TCM Group, Inc. - 16 -
Project No. 919: Wilmington Avenue,' 1-405 Const-rCtion Management Fcdesai No. HPLUL-5403(0 i 7)
9.2 receipt of Notices. Except where verbal or oral notification is specifically
provided for within this Agreement, any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand during
regular business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in Sections 4.1 and 4.2 of this Agreement, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this section.
Notices shall be sent to the representatives of the parties to this Agreement identified in Sections
4.1 and 4.2 of this Agreement.
9.3 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
9.4 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreein.cnt supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in waiting.
9.5 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.6 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this .Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
9.7 Exhibits. The following exhibits to which reference is made in this Agreement are
deemed incorporated herein in their entirety:
(a) Exhibit "A" Scope of Services
(b) Exhibit "I3" Project Schedule
(c) Exhibit "C" fee Proposal
(d) Exhibit "M Professional Liability Special Endorsement of Insurance
Company's Certificate of Insurance
City of Carson / TCM Group, Inc. - 17 W
ProjecA No. 919: Wilmington Avenuei 1405 Construction Management Fedmul No. HPLUL-5403(017)
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The 1-405 / Wilmington Avenue Interchange Improvement Project (Project) will
reconfigure existing on and off -ramps from NB and 5B 1-405, construct new on-ramp to
5B 1-405, reconstruct Wilmington Avenue and Lenardo Drive together with new bridge
over Torrance Lateral Channel. Improvements include: bridge widening on the
mainline over 213'h Street, masonry block soundwall, seven retaining walls, concrete
and MBGR barrier, curb, gutter and sidewalk, medians, signal, striping, signing and
pavement delineation. All work will be completed in conformance with the Caltrans
approved plans and specifications, issued permits, and approved agreements.
All consultant services provided under this Agreement will be in general conformance
with the City of Carson (City), and Caltrans standards and policies as applicable.
Improvements within LA County's jurisdiction will adhere to their standards as a
minimum. Consultant services will be provided as follows:
Task A.1.1 Constructabillity Review — Consultant will perform a constructability
review of the 95% complete project plans shortly after the Construction Management
Agreement (Agreement) is awarded. The review will consist of the following:
a. A completeness and accuracy check to identify possible conflicts, discrepancies,
and errors or emissions in the plans and specifications.
Page 1 of 10
b. A review to validate the reasonableness of the specified schedule, that the contract
documents are coherent and effective, and that site conditions, work areas, permit
and utility requirements, and other contractor constraints are clearly addressed.
dA check to determine that no extraneous requirements are included.
e. Verification that the contract documents contain sufficient provisions to effectively
manage the contract.
Any discrepancies found in the constructability review will be brought to the attention of
City and the Design Engineer.
Task A.1.2 ick® Meeting — Consultant will arrange and participate in a kick-
off meeting to establish a Proiect Management Team consisting of involved Consultant
staff, City staff, and Design Consultant personnel. The purpose of this meeting is to
review the construction contract documents, clarify issues, establish working
relationships, and review and verify mutual understanding of contract administration
issues.
Task A.1.3 Assist with Plans Approval — Consultant will meet with the Design
Engineer and establish a workable schedule for incorporating constructability review
comments in the final design submittal. Consultant will monitor schedule milestones for
final plans delivery and keep the City informed about the progress. Consultant will
provide assistance to the City to obtain approval of the plans by Caltrans.
Task A.1.4 Review Contract Documents — Consultant will review the
construction contract documents to verify that obligations placed upon the contractor
are consistent with the needs and expectations of City and that these obligations are
sufficient to allow Consultant to work effectively with the contractor in the best interest
of City.
Page 2 of 10
Task A.1.5 Contract Administration — Consultant will establish record keeping,
documentation, and contract administration systems, which will generally follow
Caltrans procedures. Upon approval by City, the systems will be implemented on the
Project. The procedures will reference the applicable sections of the Project Special
Provisions (SP), the Standard Specifications for Public Works Construction (SPWC),
Latest Edition, the Standard Specification (SSP) issued by the State of California
Department of Transportation, Latest Edition, as indicated in the contract documents,
the Caltrans Construction Office Procedures, Construction Records and Procedures,
and Survey Manuals, and other City, County, and Caltrans manuals as they may
apply.
Task A.1.6 Submittal Process — Consultant will establish, with the assistance of
the Design Engineer, a list of the submittals that will be required of the contractor with
due dates to support expected schedule activities. Design Engineer will review all
project submittals and provide recommendation for approval or rejection.
Task A.11.7 NPDES Permit — Consultant will verify that City and / or contractor
has obtained the required permits, if required by the Regional Water Quality Control
Board and other agencies, and monitor compliance with the provisions of the permit
requirements throughout the Project duration.
Task A.1.8 Bid Management — Consultant will assist City in preparing for the
administration of the pre-bid meetings in order to attract a broad array of bidders and
assist those bidders in understanding the appropriate scope of work, bid submittal
conditions and dates, contract terms, and Project schedules. Consultant will monitor
bidder questions and review all addenda that are issued by the Design Engineer.
Consultant will assist City in receiving and evaluating submitted bids. Consultant
assigned Resident Engineer (RE) will assist with the determination of the apparent low
bidder for the bid package.
Task A.1.9 Pre -Construction Conference ® Consultant will conduct a pre -
construction conference with all involved agencies, utilities, and the contractor as they
prepare to mobilize for the Project. The RE will review with the contractor, on an
overall basis, the plans and specifications for the contractor's work, and its
interrelationship with other work which will take place in the construction vicinity, in an
effort to gain the contractor's full understanding of the Project. The RE will emphasize
major contract requirements in order that the contractor has a clear understanding of
it's responsibility for general condition items, labor compliance, material staging,
parking, access to the site, location of contractor's field office, and housekeeping
responsibilities, including specific responsibilities for removal of debris and trash. The
Page 3 of 10
RE will apprise the contractor of any contract requirements regarding security matters
such as fences, lighting, guard services, and posting of signs.
Vehicles, Communications — Consultant will provide vehicles and communication
devices required for its personnel.
Task A.2.1 Coordination of Contract Execution — Consultant will mobilize the
RE to the Project site as soon as the Agreement is approved and will mobilize the field
staff to the Project site as soon as construction is ready to begin. The RE and the field
staff will be housed in the field office provided by the contractor and located near the
Project site. City will provide temporary facilities for the RE until the field office is ready
for use. The RE will implement the record keeping documentation and contract
administration systems developed during the preconstruction phase.
Task A.2.2 Communication — The TCM Groups Team, as an agent to the City,
will communicate directly withl the Contractor and the City's Design Consultant. The
TCM Groups Team will report to the City regarding the progress of the project and will
provide information, as requested by the City, to the local community and other
agencies as directed by the Citya
The Resident Engineer and his field staff will be responsible for the day-to-day
communication with the Contractor, and the Resident Engineer represents the highest
authority at the project site. The Resident Engineer's responsibilities include
addressing and resolving project issues that impede progress, coordinating with the
City's Design Consultant in addressing Requests for Information and resolving plan
discrepancies, and directing and coordinating the field staff to ensure that the
Contractor is complying with the contract documents.
The Project Manager will act as the sponsor to the Resident Engineer and will assist in
the preparation of contract documents and interpretation of the contractual Issues
between TCM Groups and the City. The Project Manager and / or Resident Engineer
will represent the field staff in presentations to the City or at public events on behalf of
the City as requested by the City.
Page 4 of 10
Task A.2.3 Scheduling — Consultant will monitor the contractor's compliance
with the contract scheduling requirements. Consultant's major task associated with the
overall scheduling requirements will be to:
a. Review the contractor's initial baseline schedule to determine that it is properly
prepared, that the milestone dates meet the overall schedule, and that no major
conflicts exist.
b. Review progress attained against the approved schedule updates to adequately
record work -in-place, detect any potential delays, and review the contractor's plan
for implementation of remedial measures, when appropriate, to recover or maintain
progress.
c. In conjunction with City, review and negotiate schedule adjustments with the
contractor which may be required due to weather, change orders, or other impacts
requiring schedule adjustments.
Task A.2.4 Progress Pay Estimate — Consultant will review the Qontrautor's
progress pay estimates in accordance with the contract requirements. Payments on
progress estimates will be supported by source documents which represent measured
quantities. A complete and accurate pay estimate will be forwarded to City for
payment. Consultant will maintain a current estimate of overall construction costs.
Task A.2.5 Submittal / RFI Management — Consultant will maintain a log of, and
manage, the shop drawings and sample / submittal process to determine that:
a. All short-term look ahead schedules contain critical submittal dates, and the logs
reflect the same.
b. Submittals from the contractor are received, logged, and processed timely.
c. Submittals are reviewed in a timely fashion by the Design Consultant and returned
to the contractor to minimize lost production time.
Page 5 of 10
e. Shop drawings have been approved and returned before associated work has
begun.
Consultant will maintain a log of Requests for Information (RFI) and coordinate review
and response with the Design Engineer.
Task A.2.6 Change Order Management — Consultant will investigate all
proposed change order requests submitted by the contractor. Change order submittals
will include supporting records. Consultant's investigation will include the impacts on
the Project schedule and budget and will include a recommendation for approval or
rejection.
Consultant will review necessary and desirable changes to the Project, advise City of
change order impacts, and, when required, make recommendations regarding the
resulting change order costs.
Consultant will:
a. Assemble documentation to include such items as inspection reports, test
reports, drawings, sketches, photographs, and other materials as required.
b. Prepare change order estimates, consisting of a detailed cost estimate
conforming to City and Caltrans procedures and forms; assess the impacts of
the proposed change on the contractor's schedule and operations; and prepare
a written report summarizing the impact of the proposed change in terms of
extra costs, cost savings, schedule, and effect on contractor's obligations.
Page 6 of 10
c. Evaluate the contractor's price proposals for reasonableness and accuracy of
construction quantities, rates and unit prices, and time and schedule impacts.
d. Maintain a change order log as a means to tracking change order proposals
through the review and approval process. Consultant will establish files for
potential change orders or claims such as to accumulate documentation should
the issues result in a change order or claim at a later date.
Task A.2.7 Construction Inspection ® Consultant will implement inspection
guidelines for monitoring the quality of the contractor's work. Each member of the
Consultant's construction management staff will be familiar with the construction
drawings and specifications, as well as the industry and Caltrans codes, City
requirements, and standards and specifications that are incorporated into the design
by reference. Consultant will be familiar with a variety of other information, including
permit and license terms and conditions, any applicable provisions of environmental
protection plans and procedures, and the Project schedule.
Consultant will be responsible for inspection and documentation of all roadway I
structures construction tasks, including, but not limited to! retaining walls, bridges,
detours, construction staging, utility coordination, traffic access, pedestrian access,
drainage, embankment construction, clearing and grubbing, lead handling, NPDES
requirements, freeway closures, lane closures, base and surfacing, pavement
delineation, signing, traffic signals and lighting and erosion control.
Consultant will, upon witnessing any materials, erection or installation process, or
levels of quality that do not meet the requirements of the construction contract
documents, issue a Non -Conformance Report notifying the contractor of such
deviation and request a written plan from the contractor for proposed corrective action.
Copies will be forwarded to City, Design Engineer and any other parties involved. After
the correction plan is reviewed, approved and implemented, Non -Conformance
Resolution Report will be prepared and filed.
Task A.2.8 QA / Materials Testing (Time and Materials) — Consultant will
provide materials sampling and testing which will include all testing normally required
by City and Caltrans. These tests will be conducted in accordance with City and
Caltrans frequencies and approved procedures in accordance with the construction
contract plans and specifications. Testing will be performed in accordance with the
applicable materials testing manuals. Consultant will review the results of all testing
Page 7 of 10
materials quality inspections and will then make recommendations to City regarding
the remedial actions required to correct unacceptable portions of the contractor's work.
Final Material Testing Report will be prepared at the end of the project.
Task A.2.9 Traffic and Signal — Consultant will review contractor's traffic control,
stage construction, freeway closure, and detour plans for capacity and traffic safety. All
lane closures will be processed in accordance with contract requirements through
Caltrans and City. Traffic signals and lighting work will be coordinated with City and
Caltrans for approval and acceptance.
Task A.2.10 Document Control ® To accurately document the progress of the
project and to assist in the management of the projects completion, the TCM Groups
Team will establish recordkeeping system in accordance with Caltrans policies and
procedures and in accordance with the federal requirements for the disbursement of
the funds provided to the City. The TCM Groups Team will continuously take and log
digital photographs of the project to document general progress as well as items of
concern,
Task A.2.11 Safety — The contractor has the sole responsibility for compliance
with safety requirements on the construction contract. Consultant's staff will monitor
the contractor's work with respect to construction safety standards and advise the
Contractor and City of observed deficiencies. The Construction Safety Orders, the
Caltrans Safety Manual, and the contractor's safety plan will guide Consultant's field
safety monitoring program. Consultant staff will not be responsible for the safety of
contractor's operations and personnel.
Task A.2.12 Jobsite Progress Meetings ® Consultant will determine an
appropriate schedule for conducting Project progress meetings. This schedule will be
influenced by the level of Project activities and direction received from City. The
principle purpose of the Project progress meetings will be to review progress and
quality, notify the attendees of any contractor deficiencies, determine availability of
labor, material, and equipment for upcoming work, coordinate utility outages and site
disruptions, and address coordination matters. Additional special meetings may be
required to address specific issues and conditions and to address special coordination
conditions.
The RE will chair these meetings, conduct each meeting according to a published
agenda, and have Minutes prepared and promptly distributed. Minutes will detail action
Page 8 of 10
items, the discussions that ensued, and announce the time and date of the next
meeting.
Task A.2.13 Project Survey — The contractor has the sole responsibility for field
surveys for the construction of the project. Consultant, through ARCA, will perform field
surveys to satisfy the City that the contractor's survey operations are being performed
in accordance with Caltrans requirements, Consultant will monitor the contractor's work
with respect to construction surveys and advise the Contractor and City of observed
deficiencies.
Task A.3.1 Final Inspection and Punch List ® Consultant will, in conjunction
with City, inspect the near -completed facilities to identify discrepancies and
deficiencies in the work performed by the contractor, and will subsequently prepare the
necessary punch list to identify such items. Consultant will coordinate Safety Project
Review by Caltrans and any other agencies that would require it. Upon correction and
reinspection of omissions and deficiencies, the RE will report to City on the completion
of the Project, recommend acceptance and approval of final payment to the contractor.
If, before the final completion of the work, it is necessary for City (or a utility user) to
take over, use, occupy, or operate any part of the completed or partly completed work,
the RE will inspect that part of the work and complete punch lists detailing omissions
and deficiencies.
Task A. 3.2 As -Built Drawings — Consultant will regularly review the Project as -
built drawings produced by the contractor and require that the as -built drawings reflect
the current Project conditions. Consultant will provide City and the Design Engineer
with a copy of the contractor's as -built drawings and sufficient additional information to
prepare certified final record as -built drawings,
Task A.3.3 Project Closeout ®- Consultant will prepare and submit, in
accordance with the direction of City, the final payment package to the contractor.
Consultant will also submit all final Project records and reports (including laboratory
and plant testing reports), manufacturer's certificates and videos of various phases of
construction. Consultant will collect the release of any liens and forward them to City.
Consultant will prepare and provide all standard reports required by Caltrans,
including, but not limited to: material certification letters. Consultant will prepare the
Page 9 of 90
Notice of Completion as part of Project closeout. Consultant will coordinate with
Caltrans and City for acceptance of the improvements.
Task A.3.4 Claims Assistance (if required) — If Project -related disputes cannot
be resolved in a manner acceptable to both, contractor and City; Consultant will assist
City with a three-phase approach to claims resolution.
a. Information Gathering, "Finding of Facts" — Consultant will examine pertinent
documentation, field conditions, and other related details necessary to determine
the facts of the dispute. Consultant will provide City with a written status report
which analyzes the facts of the dispute and make recommendations as to the
contractor's claim.
b. Analysis, Strategy Formulation — If "Findings of Facts" does not result in a
resolution of the matter, Consultant will perform a technical analysis of the
"Findings of Facts" documents and recommend a strategy for resolving the
situation.
c. Negotiation, Resolution, Arbitration or Litigation — Consultant to provide City with
support to the extent requested by City.
Page 10 of 10
O 11
The anticipated timeline for this project is as follows:
Approval of PS&E
April 2010
Right of moray acquisition
August 2010
Caltrans issuance of Construction Authorization -(E-76)
October 2010
Advertise Notice Inviting Bids
October 2010
Award of construction contract
December 2010
Completion of construction
December 2012
TCM
Construction Management Services
Cost Proposal -January 22, 2009
City of Carson
Wilmington Avenue Interchange
at 1-405
Classification
Staff Member
flours
Billing Fate
Cost
Pre -construction Phase (2 Months Duration)
Project Manager/RE
Sean Rouhani, PE
200
$
222.22
$
44,444
Assistant REI Lead Inspector
Ziad Rizk, PE
160
$
184.90
$
29,584
Structure Rep/ Inspector
Gary Cavaiian, PE
80
$
169.54
$
13,564
5pecilty inspector
TBD
60
$
136.75
$
8,205
Public Relations
Vanessa Barrientos
40
$
113.96
$
4,558
Office Engineer
TBD
80
$
99.72
$
7.977
Subtotal
620
$
108,333
Construction Phase (18 Months Duration)
Project Manager/RE
Sean Rouhani, PE
2600
$
222.22
$
577,777
Assistant RE/ Lead Inspector
Ziad Rizk, PE
3000
$
184.90
$
554,700
Structure Rep/ Inspector
Gary Cavafian, PE
1959
$
169.54
$
332,087
Structures/Roadway Inspector
Tyrone Taylor - Caltrop
1246
$
169.62
$
211,279
Specilty Inspector
TBD - Uniplan
1713
$
111.38
$
190,752
Office Engineer
TBD
3000
$
113.96
$
341;880
Subtotal
13,517
$
2„208,475
Post -Construction Phase (1 Months Duration)
Project Manager/RE
Sean Rouhani; PE
160
$
222.22
$
35,556
Assistant REI Lead inspector
Ziad Rizk, PE
160
$
184.90
$
29,584
Office Engineer
TBD
160
$
99.72
$
15.954
Subtotal
480
$
81,094
Subtotal
$
e
�Relat�ons
Tcstat h.FiVF
�
pqgg
dy3�7,,9Vd
Public
Public Relations
Vanessa Barrientos
465
$
113.96
$
52,991
Subtotal
$
52,991
Total
CM including Public relations
Total CM
$
2,450,893
£Hier Su t consult ants
Kleinfelder Materials Testing $ 314,047
P.A Arca Suverying $ 154,848
KEC utility Coordination $ 75,000
Subtotal $ 543,895
Teat l role t.cos Total dost 2;994,7
Limitations & Conditions:
Construction duration is estimated at 18 months working days with 2 months for preconstruction 1 month or closeout,
inspector will be fully equipped with vehicles, computers, tools, and equipment required to perform their tasks.
Construction office to be provided by contractor and approved as an allowance by TCM Project Managef.
Overtime and Weekend work is not included. Overtime is to be charged at 1.5 the above rate.
Cost proposal is subject to pervailing wage rates and pervailing wage rate changes for inspection.
Cost proposal is subject to 5% annual increase for non-pervailing rates.
Misceleanous expenses includes stationeries and other items needed for CM team to be provided by the contractor