MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 13th day of May 2024 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Kennedy Jenks Consultants Inc. La corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, CITY requires construction management services in connection with the UV Disinfection System Replacement Project.
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services pertormed.
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1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8 Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until March 1, 2026 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year terms) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Daniel Patten as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates J.D. Brosnan as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a "design professional," as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT's negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT's proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safcty. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer's liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a "separation of insureds" or "severability" clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT'S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds ("Additional Insureds"); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall he primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
540 Crespi Dr.
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Ron Esmilla, P.E.
2121 N. California Blvd., Suite 810
Walnut Creek, CA 94596
Phone: 714-488-7677
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY's Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code 881000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY's Conflict of Interest Codc. Form 700 forms arc available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT's performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT's subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT's subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub- subcontractor to the extent they apply to the scope of the sub-subcontractor's work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT's subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the partics agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Attorney's Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.13. Third Parties. Nothing contained in this Agreement shall create a contractual elationship with, or cause of action in favor of, a third party against either the CITY o CONSULTANT. CONSULTANT's Services hereunder are being performed solely fo the benetit of CItY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By:_ Date.
Kevin Woodhouse, City Manager
KENNEDY JENKS CONSULTANTS INC.
Ron Camilla Date 20/05/24
By:_
Ron Esmilla, Principal-in-Charge
Attest:
By:
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
TASK ORDER NO. 1
CITY OF PACIFICA
AND
KENNEDY JENKS CONSULTANTS
SECTION 1 - PURPOSE
The purpose of this Task Order is to authorize and direct Kennedy Jenks Consultants Inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica ("CITY") and Kennedy Jenks Consultants Inc. ("CONSULTANT") hereto dated May 13, 2024 ("MASTER
AGREEMENT)
SECTION 2 - SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment "A" - Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 - COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as sct forth in SECTION 2 shall bc as sct forth in Attachment "B" - Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed One Million, One Hundred-Ten Thousand, Three Hundred Twenty Four Dollars ($1,110,324) ("Cost Ceiling").
SECTION 4 - TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by March 1, 2026 or as extended in writing by the City Manager.
SECTION 5 - ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this 13th day of May, 2024.
[Signatures on Next Page]
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:_
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
KENNEDY JENKS CONSULTANTS INC.
20/05/24
By: Con Camilla Date
Ron Esmilla, Principal-in-Charge
ATTACHMENT "A"
SCOPE OF SERVICES
2 Detailed Scope of Work
Working as an extension of the City staff, with 105 years of wet infrastructure design professional and CM experience, we have assembled an experienced CM team that has completed numerous wastewater treatment plant improvement projects. The comprehensive Scope of Services is presented below:
Task Description Deliverable
This task includes the project management associated with proper construction management (CM) team coordination
Task 1.1 - Project • Monthly submittal of
and scheduling, budget tracking and control, invoice
Management invoices
preparation, subconsultant management and invoice
processing, and coordination.
The Construction Procedures Manual will be based upon
KJ CM guidelines and augmented by the City's applicable construction policies, procedures, and forms. The Manual will serve as a guide for the overall CM team, summarizing Task 1.2 - Construction project organization, communication protocols, roles and • Project specific Construction Procedures Manual responsibilities for all project team members, and defining Procedures Manual the project tracking/ reporting procedures. The Manual will include procedures for contract administration, reporting, documentation, filing, flowcharts, change order template, and quality assurance used during construction.
Task 1.3 - Pre- Perform a pre-construction site survey to document all • Site survey report including Construction Survey preexisting site conditions. photographs and video Coordinate the pre-construction meeting with all project partners. Meeting will be structured around safety, budget • Pre-construction meeting Task 1.4 - Pre-
control, schedule control, and the overall partnership agenda Construction Meeting • Meeting summary
between the City, Design Engineer, the Contractor, labor compliance consultant, and our CM Team.
• A complete review and
The contractor is contractually required to prepare and analysis for completeness Task 1.5 - Safety will be performed on the
submit their safety program and a site specific safety plan. contractor's safety program Program
KJ will develop a project-specific safety plan for our staff. • Develop specific safety plan for KJ CM team
Populate and maintain an electronic document control
system (EADOC) to manage and track all Project
documentation, including, at a minimum, contract plans
and specifications, correspondence, meeting agendas,
meeting minutes, submittals, shop drawings, requests for • Project document system information (RFls), contract document clarifications (CDCs), (LADUC) populate and Task 2.1 - Document
potential change orders, change orders, field directives, daily maintenance Standards and Control
reports, and photographs. The EADOC will generate logs for •Final electronic document submittals, RFls, and change orders. Upon completion of the archive delivery Project, all documentation uploaded to the document control system will be neatly organized (indexed) in a project archive with a standard and uniform file naming convention and shall be transmitted in a format acceptable to the City.
CITY OF PACIFICA | UV SYSTEM REPLACEMENT (P034) 10 KENNEDY/JENKS CONSULTANTS, INC.
CONSTRUCTION MANAGEMENT SERVICES | 2024
2 | Detailed Scope of Work
Task Description Deliverable
Conduct construction progress with the City, Design Engineer, Contractor, and applicable project stakeholders. KJ will prepare the meeting agenda before the meeting and transmit • Prepare and distribute Task 2.2 - Construction meeting agenda
meeting minutes to all attendees within two business
Progress Meeting Prepare and distribu
days. KJ will utilize the City's standard meeting summaries eeting minut template or approved equal. The meeting agenda and
minutes will be prepared and distributed through the EADOC.
Establish a communication protocol with all project
stakeholders at the commencement of the Project. Provide Task 2.3 - Project
written correspondence to the Contractor as necessary to • Prepare and distribute Correspondence & correspondence
manage the Project efficiently and in a timely manner per Communication
the contract documents. All Project correspondence and
documentation shall be issued through the EADOC.
Coordinate the submittal/shop drawing review process and route all transmittals to the appropriate reviewers) (e.g., City • Prepare and distribute and Design Engineer). Maintain a log to track the status and submittal log during review the action of all submittals. Verify that all submittals construction progress Task 2.4 - Submittals / meeting
Shop Drawings required by the contract documents have been submitted by • Distribute Design Engineer the Contractor. KJ is responsible for reviewing the contract and City review comments documents and identifying the submittals for which it is • Prepare and distribute KJ responsible for reviewing. Maintain a neatly organized submittal review comments electronic system with PDF copies of all submittals.
Coordinate the RFI/RFC review process and route all RFls/ • Prepare and distribute RFI/ Task 2.5 - Request
for Information (RFls)/ RFCs to the appropriate reviewer (e.g., Design Engineer and RFC response City). Maintain a log to track the status of all REls. Maintain • Prepare and distribute RFI/ Request for Clarification
a neatly organized electronic system with PDF copies of all RFC log during construction (RFC) progress meeting
RFIs.
• Prepare and distribute RFI/
Review and approve the Contractor's Baseline Schedule, RFC response Task 2.6 - Construction
four-week look-ahead schedules, monthly schedule updates, • Prepare and distribute RFI/ Schedule
recovery schedules, and time impact analyses (TIAs). RFC log during construction progress meeting
CITY OF PACIFICA | UV SYSTEM REPLACEMENT (P034) 11 KENNEDY/JENKS CONSULTANTS, INC.
CONSTRUCTION MANAGEMENT SERVICES | 2024
2 | Detailed Scope of Work
Task Description Deliverable
Establish and implement a change management procedure,
including management of the change order process and
reviewing, negotiating, and responding to proposed change orders (PCOs) from the Contractor. KJ will coordinate with ne Design Engineer to prepare any revised specification nd/or sketches needed to define the scope of the extr
• Implement change
management procedure
• Prepare and distribute PCO
Task 2.7 - Change and CCO change order logs
Management and negotiation of PCOs and preparation of change order • Prepare and submit
(CCO) packages. Responses to change order requests shall recommended change orde be provided in accordance with the contract documents. package to the City KJ will coordinate with the Design Engineer to prepare a detailed change order cost estimate with which to compare and negotiate the Contractor's cost quotation. All negotiated change orders shall be reviewed and approved the City's Project Manager. KJ will monitor and verify the performance of the authorized change order work, including that
performed on a time and materials (Force Account) basis.
Observe, document, and determine acceptability of
construction work. Coordinate resolutions for encountered • Daily project reports, issues in the field without direction of extra cost. Monitor all including photo documentation
aspects of the project, including jobsite safety and testing, • Document unsafe conditions for compliance with contract documents. Document all • Coordinate testing and Task 2.8 - Construction change of conditions, disputed, and extra work. Prepare provide test results to the Observation daily inspection reports and punch lists. Provide photo and City and contractor video documentation. Coordinate, observe, and document • Notify the City and all testing (pressure, leakage testing, performance). contractor when work is not in compliance with contract
Coordinate material testing and special testing activities documents and governing
with subconsultants and Contractor. Enforce contractor requirements compliance with all environmental permitting requirements.
Review and approve the Schedule of Values submitted by
the Contractor at the commencement of the Project. KJ will • Prepare and distribute Task 2.9 - Schedule of verify that the Schedule of Values contains sufficient detail schedule of values review
Values to track the progress of the work and to facilitate approval of comments the Contractor's monthly progress payment applications.
Review and approve the Contractor's monthly progress
payment requests. Ku will verify that all supporting
documentation (redlined drawings, certified payrolls, and • Prepare and submit Task 2.10 - Progress
recommended monthly
Payments updated schedule) and releases have been provided before progress payment
transmitting the pay application to the City's Project Manager for review and approval.
CITY OF PACIFICA | UV SYSTEM REPLACEMENT (P034) 12 KENNEDY/JENKS CONSULTANTS, INC.
CONSTRUCTION MANAGEMENT SERVICES | 2024
2 | Detailed Scope of Work
Task Description Deliverable
Prepare monthly progress reports documenting the status of the project budget (construction contractor and construction Task 2.11 - Progress manager), project schedule, potential project issues, and all • Prepare and submit monthly Report work performed during the reporting period (e.g., number of progress report RFIs and submittals reviewed, number of meetings attended, construction photos).
The Contractor is responsible to submit its certified
Task 2.12 - Certified • Submit inspector work
payrolls to the DIR monthly. KJ will submit required records records to DIR Payroll
documenting inspector hours worked to the DIR monthly.
Coordinate review of master commissioning and test plans. • Prepare and distribute Task 3.1 - Startup and Coordinate field testing, operational testing, acceptance master commissioning Commissioning testing, manufacturer's field services with the City, Design plan and test plan review Engineer, and Contractor. comments
Review the Contractor's final redlined drawings to verify Task 3.2 - Record that the drawings are accurate and complete with all field • Transmit final redlined changes. Transmit redlined drawings to the Design Engineer drawings to the Design Drawings Engineer
for incorporation into AutoCAD.
Verify warranties are submitted by the Contractor as
specified in the contract documents. Coordinate with the City Task 3.3 - Warranty / • Deliver warranties and 0&M
to verify that proper operations and maintenance manuals 0&M Manuals manuals
and any training materials have been provided in accordance with the contract documents.
Coordinate with the City, the Design Engineer, and the
Contractor to prepare punch lists for outstanding items of Task 3.4 Substantial • Prepare and distribute punch
work, including all documentation and submittals required by Completion/Punch List list
the contract documents, upon Substantial Completion of the Project. Prepare project punch list.
After substantial completion, KJ will prepare final project Task 3.5 Project • Prepare final project
payment to the City for approval. KJ will assist the City in Closeout payment
filing Notice of Completion.
CITY OF PACIFICA | UV SYSTEM REPLACEMENT (P034) 13 KENNEDY/JENKS CONSULTANTS, INC.
CONSTRUCTION MANAGEMENT SERVICES | 2022
ATTACHMENT "B"
COMPENSATION
Estimate of Hours
Proposal Fee Estimate (Assoc. Proj. Costs or Comm Charges as ODC) CLIENT Name: City of Pacie
PROJECT Description: Construction Management and inspection Services for UV Disinfection System Replacement Project Kennedy Jenks Proposal/Job Number: 201886'32229 04/25/24
Juso 1, 2024 Ratos
Advisor Electrical inspector 3 (Material Testing Allowance) • Bay Area Coating (Coatin E Other Direct Costs (ODCs) E Total Labor + Subs + Expenses Technical. Inspector Office Engineer Safety Officer Admin Assistance 2 Annual Escalation Inspection Allowance Cub-Markup Subs (Inct Markup) E Total Subs ODCS * Markup Total Labor Total
Clasilication:
Horty Rate: 5286$261 $245
1.1- Project Management 8 58.887
1.2- Construction Procedures Manual. 58,803 $8,803 $8.803 0 0 8 à
1.3-Pro-Construction Survey 8 8 8 8 8
1.4- Pro-Construction Moting 82,318 8 8 8, $2.318
1.5- Safety Program $6,223
Task 1 - Subtotal $26.966 8 $26.968 $26.96€
21 - Document Standards and Control 4 32 $87,592 $1,839 $89.431 $89.431 8 8
22- Construction Progress Meeting. $101.714 $2,136 $114.05C 23- Project Correspondence & Communication 8 8 8 8
16 80 $27,741 $28,323
8 8
24 - Submittals / Shop Drawings. $27,192 $27.763
2.5 - Request for Informatic (RFl) / Request for Clarification (RFC) $27,192 $27.763 $27.763 8 8
26- Construction Schoduk 4 80 $20,654 8 8 8 $21,087 $21.087
2.7 - Change Management 40| $16,814 $17,167 $17,167
2.8- Construction Observaion 8 / 24 1756 $497,765 $10,453 18,000 17,600 $35,600 $1,780 $30,000 $508,218 $54,980 $30,000 $611.198 29- Schedule of Values 24| $5,883 $6.007 $6,007
8 8
2.13 - Progress Payments 60 16 $17,940 $18,317 $18,317
2.11 - Progress Reports $26,505 $27,061 8 8 $27,061
8 8
2212 - Certified Payroll 201 $2,431 $2,482 $2,482
Task 2- Subtotal 4 48 776 1912 750 605 • 28 S859,422 $18,048 18,000 $35,600| $1,780 540,200 $877,470 $54,980 540. S990,65c
3.1 - Startup & Commissioring 4 88 80 $42,891 $1,287 $44,177 $44,177
3.2- Rocord Drawings $11,194 8 $11.530 $11.53C
3.3- Warranty/ O&M Mantals $5,883 $6,060 11
3.4 - Substantial Completion / Punch List 4 40 40 $20,700 8 8 8 8 521,321
3.5- Project Closeout 8 8 8 8 59.621 $9.621
39,341
Task 3 - Subtotal 8 184 156 • 12 $90.008 $2,700 $92,709 $92,709 All Tasks Total 12 68 1017 2076 8 68| 4658 $976,396 $20,748 18,000 17,600 $35,600 51,780 $40,200 $997,14 564,980 $40,200 $1.110,321 CITY OF PACIFICA | UV SYSTEM REPLACEMENT (P034)| KENNEDY/JENKS CONSULTANTS, INC.
CONSTRUCTION MANAGEMENT SERVICES | 2024
Kennedy Jenks
Client/Address: City of Pacifica
Contract/Proposal Date: April 25, 2024
Schedule of Charges Date: 4/24/2024
PERSONNEL COMPENSATION
Classification Hourly Rate
Principal-In-Charge ...$286
Technical Advisor. .. $286
Project Manager. $261
Construction Manager... $245
Lead Inspector* $202
Electrical Inspector* $221
Office Engineer.. $165
Safety Officer.. $225
Admin Assistance ... $122
(*) Prevailing Wage (California) Note that M-F the employee is paid at straight time for up to 8 hours per day of work. Overtime hours are paid at 1.5 times that rate. Saturdays are paid at 1.5 times the straight time rate.
Sundays are paid at 2.0 times the straight time rate.
Annual labor rate adjustment is 3% starting January 1, 2025.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus five percent for items such as:
Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
• Subconsultants (project schedulers), and other outside services. • Rented vehicles, local public transportation and taxis, travel and subsistence. • Project specific telecommunications and delivery charges. • Special fees, insurance, permits, and licenses applicable to the work. • Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
Agreement_Kennedy_Jenks_20240513_UV_Disi
nfection_System_Replacement_Project_CMS
Final Audit Report 2024-05-20
Created: 2024-05-13 (Pacific Daylight Time)
By: Daniel Patten ([email protected])
Status: Signed
Transaction ID: CB.JCHBCAABAAbSNbECfUA9YAYuxwoo2rjdSTR4sP7Ans "Agreement_Kennedy_Jenks_20240513_UV_Disinfection_Syste m_Replacement_Project_CMS" History
L Document created by Daniel Patten ([email protected]) 2024-05-13 - 4:40:47 PM PDT
2 Document emailed to Ron Esmilla ([email protected]) for signature 2024-05-13 - 4:40:51 PM PDT
3 Email viewed by Ron Esmilla ([email protected]) 2024-05-13 - 5:11:51 PM PDT
Oe Document e-signed by Ron Esmilla ([email protected]) Signature Date: 2024-05-20 - 12:46:23 PM PDT - Time Source: server • Agreement completed.
2024-05-20 - 12:46:23 PM PDT
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