Loading...
HomeMy WebLinkAboutCH2M HILL - CONTRACT - GENERAL CORRESPONDENCE - INSURNACEAMENDMENT#5-BIDPACK23ONLY -CM FOR 2008 Amendment No. Five to Contract Dated February 1, 2007 Between CH2M HILL, INC. and The Cities of Fort Collins and Loveland The Cities and the Engineer agree to amend their contract for improvements to Fort Collins - Loveland Municipal Airport, Loveland, to include fees for engineering services. The improvement items are included in the Scope of Work of the original contract. The items covered by this amendment are as described on the attached: SCOPE OF SERVICES FORT COLLINS - LOVELAND MUNICIPAL AIRPORT CONSTRUCTION OBSERVATION 2008 AIRPORT IMPROVEMENTS BID PACKAGE 2 - UTILITY LOWERING AND DRAINAGE IMPROVEMENTS FOR FUTURE TAXIWAY E BID PACKAGE 3 - ACQUIRE LOADER WITH SNOW REMOVAL ATTACHMENTS AIP 3-08-0023-22 The Scope of Services and Cost Proposal for this Amendment No. Five are attached hereto as Attachments A and B respectively and incorporated herein by reference. Note that the Services under Bid Package #1 Security Improvements in not included under Amendment #5. The Cities agree to pay the Engineer for the engineering services related to these additional improvements in the following manner: PART B - SPECIAL SERVICES (CONSTRUCTION OBSERVATION) The maximum estimated SPECIAL SERVICES engineering is as follows: FIELD ENGINEERING The Engineer shall be reimbursed on a Fixed Unit Rate Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, which includes overhead, general administrative costs, and profit. Overhead costs are based on the most recent audit on the Engineer's records. The Engineer shall also be reimbursed for any direct expenses incurred as a result of his or her duties, including but not limited to lodging, auto mileage, meals, per diem, communication charges and computer charges. The estimated maximum for FIELD ENGINEERING is: Maximum Not to Exceed Bid Package No. 2.................................. $31,055.00 Maximum Not to Exceed bid Package No. 3.................................... $2,059.00 Total Maximum Not to Exceed - all Bid packages ........................ $33,114.00 2.12.4 The Consultant is not responsible for health or safety precautions of construction workers. The Consultant is not responsible for the Contractor's compliance with the health and safety requirements in the contract for construction, or with federal, state, and local occupational safety and health laws and regulations. 3.0 SERVICES DURING THE CLOSE-OUT PHASE The Consultant shall assist the Owner in closing out the contract for construction and commencement of the Owner's use of the completed work. The Consultant's services shall include the following. 3.1 Substantial Completion 3.1.1 The Consultant shall assist the Owner in issuing documents for substantial completion and acceptance of the work. The Consultant shall advise the Owner on payment, and partial release of retention. Included with the Substantial Completion shall be an inspection to be attended by the Field Inspector. A substantial completion inspection will be required for both Bid Package 1 and Bid Package 2. 3.2 Final Completion 3.2.1 The Consultant shall assist the Owner in issuing documents for final completion and acceptance of the work. The Consultant shall advise the Owner on final payment, release of retention, and release of insurance and bonds. Included with the Final Completion shall be an inspection to be attended by the FAA, the Project Manager, and Field Inspector. A final completion inspection will be required for all three bid packages, Bid Package 1, Bid package 2 and Bid Package 3. It is anticipated that the three final inspections will take place at different times. 3.3 Close-out File and Records 3.3.1 The Consultant shall provide to the Owner an organized set of project documents and records. The Consultant shall also submit three copies of the FAA Final Construction Report to the Owner. One construction report will be prepared that covers both Bid Package 1 and Bid Package 2. 3.3.2 The Consultant shall provide to the owner a final closeout report as required by the FAA detailing the acquisition of the loader with snow removal attachments. 4.0 POST -CONSTRUCTION PHASE SERVICES 4.1 As -Built Drawings The Consultant shall revise the original design drawings to reflect available record information provided by the Contractor and equipment suppliers for the Final Record Drawings. One full-size set of drawings, two half size drawings and one CD containing the electronic set of drawings shall be provided to the Owner. One half-size set of drawings and one CD containing the electronic set of drawings shall be provided to the FAA. An as -built set will be required for both Bid Package 1 and Bid Package 2 4.2 Warranty Period Services The Consultant shall provide the following warranty performance review services during the one-year warranty period to assist the Owner in coordinating corrections of deficient equipment or construction: -ATTACHMENT A- 2008CM AMENDMENT45-FINAL 4.2.1 Participate in an end -of -warranty period inspection one month prior to completion of the warranty period and provide a letter identifying any deficiencies found and recommended actions. This inspection shall be attended by the Project Manager, Staff Engineer and Field Inspector. 4.2.2 Provide one onsite observation to verify correction of the deficiencies, if any, by the Field Inspector. 5.0 ADDITIONAL SERVICES 5.1 Services Provided The following additional services shall be provided by the Consultant upon authorization of the Owner and agreement on compensation to the Consultant. These services are not part of this scope of services. 5.1.1 Services necessary due to the default of the Contractor. 5.1.2 Services related to warranty claims, enforcement and inspection. 5.1.3 Services for the investigation and analysis of contractor claims; preparation of reports on contractor claims; provision of professional claims analysis services; participation in litigation or alternative dispute resolution of claims. 5.1.4 Preparation for and serving as a witness in connection with any public or private hearing or other forum related to the project. 5.1.5 Services supporting the Owner in public relations activities. 5.1.6 Value engineering or similar value analysis studies. 5.1.7 Services for review and/or preparation of Owner or Contractor proposed changes to the project. 5.1.8 Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the Owner. 6.0 MASTER LIST OF ASSUMPTIONS The following assumptions were used when determining the compensation to the Consultant. These assumptions are in addition to the scope and additional services set forth in the foregoing scope of work. 6.1 Services During the Construction Phase 6.1.1 The included SDC is for construction of both Bid Package 1 and Bid Package 2. The Bid packages are defined on the project drawings. Bid Package 3 includes payment to the contractor, a final inspection and a closeout report only. 6.1.2 The construction period consists of 45 calendar days for Bid Package 1 and 33 calendar days for Bid Package 2. It is anticipated that the two packages will be constructed at separate times, with little to no overlap of the projects. The projects are anticipated to begin construction in the summer of 2008. 6.1.3 The projects will be constructed under two separate general contracts for construction. 6.1.4 The Contractor is not required to provide a field office structure. The Field Inspector will be given access to the Airport's offices for using their laptop on an as needed basis. SCOPE OF SERVICES -ATTACHMENT A-2008CM-AMENDMENT85-FINAL 9 6.1.5 The Consultant shall arrange and conduct one sequencing meeting with the Owner and Contractor in the Owner's office or at the project site. A Sequencing meeting will be held for both Bid Package 1 and Bid Package 2, and the meetings will be held at different times. 6.1.6 The Consultant shall arrange and conduct one pre -construction meeting with the Owner, Contractor, FAA, and other interested parties in the Owner's office or at the project site. A pre -construction meeting will be held for both Bid Package 1 and Bid Package 2, and the meetings will be held at different times. 6.1.7 Weekly construction progress meetings shall be conducted by the Consultant at the project site. The Consultant shall have 1 person (FI) attend each meeting. The project Manager will attend 2 meetings for both Bid Package 1 and 2, for a total of 4 meetings. 6.1.8 The Consultant shall provide one Field Inspector (FI) for 2 days of mobilization at 8 hours per day to review the project plans and specifications. The FI will require 16 hours for review of each bid package (Bid Package 1 and Bid Package 2). The FI will also be provided for 8 hours of field inspection per week, for a total of 7 weeks for Bid Package 1 and 5 weeks for Bid Package 2. The amount of hours for the Project Manager for Bid Package 1 is estimated at a total of 4 hours a week for 9 weeks (1 week of mobilization, 7 weeks for Construction and 1 week for final inspection), plus project management duties. The amount of hours for the Project Manager for Bid Package 2 is estimated at a total of 4 hours a week for 7 weeks (1 week of mobilization, 5 weeks for Construction and 1 week for final inspection), plus project management duties. The amount of hours for the Staff Engineer is estimated at 8 hours a week for 9 weeks for Bid Package 1 and 8 hours a week for 7 weeks for Bid Package 2. Additional non -field hours will be required for the Field Inspector and Project Manager to attend the sequencing meeting and the pre -construction meeting. The Utility Inspector will review utility work RFI's and submittals, while the staff engineer hours will primarily be used for RFI's, submittal review, and RFQ's. Electrical Inspector hours will be required for Bid Package 1 for RFI's, submittal reviews and one final inspection. 6.1.9 It is anticipated that no more than 15 original submittals and 10 re -submittals will be reviewed for both bid packages. This includes shop drawings, material submittals and samples. 6.1.10 Up to 2 construction schedules and 5 updates will be reviewed for both bid packages. 6.1.11 Up to 10 Requests for Interpretation/ Clarification will be reviewed and responded to for both bid packages. 6.1.12 Up to 4 Change Orders will be prepared, 2 for each bid package. 6.1.13 The Consultant shall conduct one final inspection lasting 4 hours including travel time, to be attended by the Project Manager and the Field Inspector. One final inspection will be required for each bid package, at separate times. 6.1.14 The Consultant shall review 2 monthly pay requests from the Contractor for Bid Package 1, 2 monthly pay requests from the Contractor for Bid Package 2, and 1 pay request for Bid Package 3. 6.1.15 The Consultant shall NOT provide surveying to verify the quality of the Contractor's work, as it is not required as part of the Contract documents. SCOPE OF SERVICES -ATTACHMENT A- 2008CM AMENDMENT45-FINAL 10 6.1.16 The Consultant shall NOT provide geotechnical and material testing for acceptance testing. All testing required will be performed by the Contractor. 6.1.17 No rental vehicle will be provided for the FI or the PM. The Owner will reimburse the FI and PM for the use of their personal vehicles at the rate of .505 cents per mile driven. 6.1.18 The Consultant will not provide per diem expenses for the Field Inspector. 6.2 Services During the Post -Construction Phase 6.2.1 The Consultant shall prepare record drawings based on mark-ups from the Contractor. One full-size set of drawings, two half size sets of drawings, and one CD containing the electronic set of drawings will be provided to the Owner. One half-size set of drawings and one CD containing the electronic set of drawings will be provided to the FAA. The deliverables will be prepared for both Bid Package 1 and Bid Package 2. 6.2.2 The Consultant shall conduct one warranty inspection lasting 4 hours including travel time within one year of facility startup, to be attended by the Project Manager and the Field Inspector. The Consultant shall prepare a report summarizing the findings. One warranty inspection will be performed for both Bid Package 1 and Bid Package 2 at the same time. 6.2.3 The Consultant shall conduct one additional inspection to verify items discovered during the warranty inspection, if any, have been completed. This review will last 4 hours, including travel time, within one month of the warranty inspection to be attended by the Field Inspector. The Consultant shall prepare a report summarizing the findings. 6.3 Owner Provided Services 6.3.1 Owner will provide to the Consultant all data in Owner's possession relating to the Consultant's services on the Project. The Consultant shall reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the Owner. 6.3.2 Owner will make its facilities accessible to the Consultant as required for the Consultant's performance of its services. 6.3.3 Owner will give prompt notice to the Consultant whenever Owner observes or becomes aware of any development that affects the scope or timing of the Consultant's services, or of any defect in the work of The Consultant or the Contractor. 6.3.4 The Owner will examine information submitted by the Consultant and render in writing or otherwise provide decisions in a timely manner. 6.3.5 The Owner will furnish required information and approvals in a timely manner. 6.3.6 The Owner will cause all agreements with the Contractor to be consistent with the Consultant's Agreement. SCOPE OF SERVICES -ATTACHMENT A-2008CM-AMENDMENT#5-FINAL it No. Attachment B - Amendment #5 COST PROPOSAL and CH2M HILL Labor Rate Proposal FORT COLLINS — LOVELAND MUNICIPAL AIRPORT 2008 AIRPORT IMPROVEMENTS - AIP 3-08-0023-22 BID PACKAGE 1 -SECURITY IMPROVEMENTS PHASE 1 AND 2 BID PACKAGE 2- LOWER UTILITIES AND DRAINAGE IMPROVEMENTS FOR FUTURE TAXIWAY E BID PACKAGE 3 - ACQUIRE SRE LOADER WITH SNOW REMOVAL ATTACHMENTS Summary _ E.¢o�l2 Tl=, Pun Smzua mw A�aYi� Services Duri ComVuaion-Bitl Pa.-.t Secant Im o menls $3J 600 $t 202 5M 38802 Totals - Bid Package I(Secunty Improvements) $P,600 St,202 $38,802 _ ..._ _ S ces Dun ('q st qon-BitlP U.. Louvr Ul lil es $301GG 591t 31 Cfi5 Totals Bid Package 2(Lo rUtilities) $30,16C $91 $31,055 Sery cos Oun C retina on -ea Pac e3 A wire SRE -- �- 91820 5239 52059 Totals- Bid Package 3(Acquin SRE) $1.820 $239 $2,059 Total a1138id Packages $69,566 12,352 $0 $0 $71,916 Sets;oea BID PACKAGE 1 - SECURITY IMPROVEMENTS PHASE 1 AND 2 Pyp t sr3 Roazo] c, Cs1. HAI 6/1IC00 % COST PROPOSAL and CH2M HILL Labor Rate Proposal a FORT COLLINS — LOVELAND MUNICIPAL AIRPORT 2008 AIRPORT IMPROVEMENTS - AIP 3-08-0023-22 s BID PACKAGE 1 - SECURITY IMPROVEMENTS PHASE 1 AND 2 s BID PACKAGE 2 - LOWER UTILITIES AND DRAINAGE IMPROVEMENTS FOR FUTURE TAXIWAY E BID PACKAGE 3 - ACQUIRE SRE LOADER WITH SNOW REMOVAL ATTACHMENTS c< BID PACKAGE 2 - LOWER UTILITIES AND DRAINAGE IMPROVEMENTS FOR FUTURE TAXIWAY E M. AMENDMENT#5-E10PACK230NLY-CM FOR 2008 All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this day of = ✓1 E.- 12008. SPONSOR: CITY OF LOVELAND, COLORADO By " City Manager A I i.7"') 6 d i 1 T j C ®Illale® ASSISTANT CITY ATTORNEY AttestR I 4k 60�®aF IOV�®®0<®® O ...�9�00® CITY OF FORT COLLINS, COLORADO V8: po g SE Purchasing Agent ®®®®®®®®L'OLOR ®00®% ENGINEER: CH2M HILL By - r ✓z�gg� John L Thompson, P[E. / Operations Leader iOlyl)r' Assistant j/ Aftxwney Attachment A - Amendment #5 SCOPE OF SERVICES FORT COLLINS - LOVELAND MUNICIPAL AIRPORT CONSTRUCTION OBSERVATION 2008 AIRPORT IMPROVEMENTS BID PACKAGE 1- SECURITY IMPROVEMENTS PHASE 1 AND 2 BID PACKAGE 2 - UTILITY LOWERING AND DRAINAGE IMPROVEMENTS FOR FUTURE TAXIWAY E BID PACKAGE 3 - ACQUIRE LOADER WITH SNOW REMOVAL ATTACHMENTS AIP 3-08-0023-22 This is an Appendix attached to, made a part of and incorporated by reference with the Agreement between CH2M HILL, Inc. and The Cities of Fort Collins and Loveland, dated 02-01-2007, for professional services. This Scope of Services is Attachment A of Amendment #5 to the Contract. For the remainder of this scope of services, the Cities of Fort Collins and Loveland are collectively referred to as "Owner" and CH2M HILL, Inc. is indicated as "Consultant". 1. PROJECT DESCRIPTION 1.0 GENERAL. The work is to occur at the Fort Collins - Loveland Municipal Airport (FNL) in Loveland, Colorado. The work will be performed and constructed under a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant to the airport. The project consists of Services during Construction for the subject project under AIP 3-08-0023-22. Consultant shall provide Services during Construction (SDC) as defined below. The SDC are intended to assist the Owner to administer the contract for construction, monitor the performance of the construction Contractor(s), verify that the Contractor's work is in general conformance with the contract documents, and assist the Owner in responding to events that occur during the construction. The SDC are based upon the understanding that the Owner will contract directly with the Contractor and will be actively involved in the construction process to make decisions, provide approvals, and perform other actions necessary for the completion of the construction. The SDC are also based upon the Owner executing a contract for construction with the Contractor that is consistent with the Consultant's Agreement and with this scope of work, and which provides the requisite authority for the Consultant to fulfill its SDC responsibilities. The scope of services includes SDC for the federally funded construction of Bid Package 1 (Security Improvements), Bid Package 2 (Utility Lowering and Drainage Improvements for future Taxiway E), and Bid Package 3 (Acquire Loader with Snow Removal Attachments), as shown on the project drawings. The Consultant's SDC are based upon the schedule or duration of construction anticipated at the time that these services are agreed. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these SDC and the Consultant's compensation for the SDC, and will require an adjustment to the Consultant's compensation. SCOPE OF SERVICES ATTACHMENT A-2008CM-AMENOMENT45-FINAL 1 The Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of the Contractor, nor shall the Consultant be responsible for the Contractor's failure to perform in accordance with the contract for construction. 2.0 SERVICES PROVIDED DURING CONSTRUCTION The Consultant shall provide services to assist in coordinating the site activities, administering the contract for construction, monitoring the contractor's performance, responding to design and technical submittals, and closing out the contract for construction. 2.1 Project Management 2.1.1 Reporting: The Consultant shall keep the Owner advised of the progress of the construction. This includes submitting monthly progress reports and invoices to the Owner, subconsultant management, construction staff coordination and regular conversations with the Owner. 2.2 Document Management System and Procedures The Consultant shall establish a system and set of procedures for managing, tracking and storing all relevant documents between the Contractor, the Consultant and Owner produced during the Bid/Award, Construction and Closeout phases of the project. The Consultant shall utilize an appropriate computer based document management system selected by the Consultant. Should the Owner require a specific system, the Owner will advise the Consultant in advance and will compensate the Consultant for any additional costs incurred. The Consultant shall, in coordination with the Owner, maintain hard copy records, suitably organized, of all relevant documentation. The Consultant shall implement procedures for the logging and tracking of all relevant correspondence and documents. The Consultant shall assist the Owner in monitoring all outstanding decisions, approvals or responses required from the Owner. 2.3 Site Coordination 2.3.1 Construction Management Plan (CMP): The Consultant shall prepare a Construction Management Plan (CMP) using FAA accepted format. The CMP shall be submitted to the Denver ADO for approval a minimum of 7 working days before the start of construction. The CMP shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control and acceptance tests required by the contract specifications. A CMP will be required for both Bid Package 1 and Bid Package 2. 2.3.2 Project Sequencing Meeting: The Consultant shall coordinate and conduct two project sequencing meetings with the Owner and Contractor to prepare key personnel for the upcoming construction project, discuss long lead items and prepare for pre -construction meeting. The Consultant shall take minutes or otherwise record the results of this meeting. The Consultant attendees will include the Field Inspector and the Project Manager. A Sequence meeting will be required for both Bid Package 1 and Bid Package 2. SCOPE OF SERVICES -ATTACHMENT A-2008CM-AMENDMENT#5 FINAL 2 2.3.3 Pre -Construction Conference: The Consultant shall coordinate and conduct two pre - construction conferences with the Owner, Contractor, Subcontractors, Airport users, and FAA to review the project communication, coordination and other procedures and discuss the Contractor's general workplan and requirements for the project. The Consultant shall take minutes or otherwise record the results of this conference. The Consultant attendees will include the Field Inspector and the Project Manager. A pre - construction meeting will be required for both Bid Package 1 and Bid Package 2. 2.3.4 Mobilize On -Site: The Consultant will not have a full time on site Field Inspector as part of this scope of services. 2.3.5 Communications: The Consultant shall implement and maintain regular communications with the Contractor during the construction. The Consultant shall receive and log all substantive communications from the Contractor and shall coordinate the communications between the Owner and Contractor. The Consultant shall not communicate directly with the Contractor's subcontractors. 2.3.6 Weekly Progress Meetings: The Consultant shall conduct weekly progress meetings with the Contractor and shall prepare the minutes of these meetings. The Consultant will have the Field Inspector attend the weekly progress meetings. A total of 7 weekly progress meetings are expected for Bid Package 1 and 5 weekly progress meetings are expected for Bid Package 2. These progress meetings will be co -located whenever possible; however it is assumed that these projects will be constructed during different times due to the anticipated wait times for getting material for bid Package 1. 2.3.7 Field Instructions and Orders: The Consultant shall issue field instructions, orders or similar documents during construction as provided in the contract for construction. 2.4 Construction Contract Administration 2.4.1 Permits, Bonds and Insurance: The Consultant shall verify that the required permits, bonds and insurance have been obtained and submitted to the Owner by the Contractor(s). 2.4.2 Payments to Contractor: The Consultant shall receive and review the Contractor's requests for payment. The Consultant shall determine whether the amount requested reflects the progress of the Contractor's work and is in accordance with the contract for construction. The Consultant shall provide recommendations to the Owner as to the acceptability of the requests. The Consultant shall advise the Owner as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. Recommendations by the Consultant to the Owner for payment shall be based upon the Consultant's knowledge, information and belief from its observations of the work on site and selected sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the Consultant to ascertain that the Contractor has completed the work in exact accordance with the contract for construction; that the Consultant has made an examination to ascertain how or for what purpose the Contractor has used the moneys Paid; that title to any of the work, materials or equipment has passed to the Owner free and clear of liens, claims, security interests, or encumbrances. SCOPE OF SERVICES -ATTACHMENT A- 2008CM-AMENOMENT45-FINAL 3 2.4.3 Correspondence and Communications: The Consultant shall coordinate all written communications among the Contractor, the Consultant and Owner during the construction for work inspected. The Consultant shall prepare written communications to the Contractor and provide recommendations to the Owner for written communications between the Owner and Contractor. 2.5 Changes 2.5.1 Minor Variations in the Work: The Consultant may authorize minor variations in the work which do not involve an adjustment in the Contractor's contract price nor time for construction and are not inconsistent with the intent of the contract for construction. 2.5.2 Coordinate Issuance of Changes: The Consultant shall assist the Owner with the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications and other information for the change shall be considered as Additional Services, and shall entitle the Consultant to additional compensation for the design services. The Consultant shall receive and review the Contractor's response to the request for change and shall obtain such further information as is necessary to evaluate the basis for the Contractor's proposal. The Consultant shall assist the Owner with negotiations of the proposal and, upon approval by the Owner, prepare final change order documents for execution by the Owner and Contractor. 2.5.3 Review of Contractor's Requested Changes: The Consultant shall review all Contractor - requested changes to the contract for construction. The Consultant shall make recommendations to the Owner regarding the acceptability of the Contractor's request and, upon approval of the Owner, assist the Owner in negotiations of the requested change. Upon agreement and approval, the Consultant shall prepare final change order documents. Design and engineering services of the Consultant to review Contractor initiated changes and to prepare drawings and specifications for issuance to the Contractor shall be considered as Additional Services, entitling the Consultant to additional compensation. 2.5.4 Change Order Reports: The Consultant shall provide periodic reports to the Owner about the status of Change Orders. The report shall include issued Change Orders, pending change orders, and change order amounts. 2.6 Interpretations of Contract Documents The Consultant shall provide written responses to the Contractor's request for interpretation or clarification of the contract documents. 2.7 Claims and Disputes The Consultant shall receive, log, and notify the Owner about all letters and notices from the Contractor concerning claims or disputes between the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. The Consultant shall review all such letters and notices and shall discuss them with the Contractor as necessary to understand each such claim or dispute. The Consultant shall advise the Owner regarding the Contractor's compliance with the contract requirements for such claims and disputes. The Consultant shall SCOPE OF SERVICES -ATTACHMENT A-2008CM-AMENDMENTMS-FINAL 4 assist the Owner in discussions with the Contractor to resolve claims and disputes. The Consultant shall not issue decisions on Contractor claims or disputes. The Consultant shall not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. 2.8 Project Controls 2.8.1 Contractor's Schedule Submittal: The Consultant shall review the Contractor's construction schedule and verify that it is consistent with the requirements of the contract for construction. The Consultant shall advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. The Consultant shall provide comments to the Owner to assist the Owner in accepting or taking other action on the contractor's schedule, in accordance with the contract for construction. A schedule review will be required for both Bid Package 1 and Bid Package 2. The Consultant's review and comments shall not be considered as a guarantee or confirmation that the Contractor will complete the work in accordance with the contract for construction. 2.8.2 Contractor's Schedule Updates: The Consultant shall review the Contractor's weekly schedule updates or other schedule submissions. The Consultant shall advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. The Consultant shall provide comments to the Owner regarding the updates or other submissions. 2.8.3 Effect of Change Orders: The Consultant shall review information submitted by the Contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. The Consultant shall advise the Owner as to the potential impact of proposed or issued Change Orders. The Consultant shall assist the Owner h1 discussions with the Contractor concerning the potential impact of proposed or issued Change Orders. 2.8.4 Periodic Reports: The Consultant shall provide periodic reports to the Owner as to the status of the construction schedule, date of completion, contract price, retainage, pending changes to the contract price or completion date and other issues material to the cost and time for completion of the construction. 2.9 Field Inspection 2.9.1 Field Staffing: The Consultant shall providing one part-time Field Inspector for the duration of both Bid Package 1 and Bid Package 2 to observe the work of the Contractor. (See paragraph 6.1.8) 2.9.2 Independent Survey and Material Testing Services: No Independent Surveying or Quality Assurance Material Testing is required as part of the contract, and therefore these services are not included as part of these scope of services. SCOPE OF SERVICES -ATTACHMENT A- 2008CM-AMENDMENT#5-FINAL 2.9.3 Review of Work: The Consultant shall conduct weekly on -site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. The Consultant's Field Inspector shall prepare written weekly reports observations. Daily diaries will not be performed, as there will not be full time on site representation. The Consultant's Field Inspector shall photograph the work in progress by the Contractor at regular intervals. These photographs shall be made available to the Owner. The Consultant's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. The Consultant does not guarantee the performance of the Contractor. The Consultant's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction, and The Consultant shall not assume liability in any respect for the construction of the project. The Consultant shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and shall monitor the Contractor's compliance with its plan. 2.9.4 Deficient and Non -conforming Work: Should The Consultant discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is not conforming to applicable rules and regulations, the Consultant shall bring this to the attention of the Contractor and the Owner. The Consultant shall thereupon monitor the Contractor's corrective actions, shall advise the Owner as to the acceptability of the corrective actions, and shall notify the Contractor and Owner of any noted deficiencies from that plan. 2.9.5 The Consultant Team Visits: The Consultant shall coordinate visits to the site by the "Project Team", to include one Staff Engineer and the Project Manager to review progress and quality of the work. The "Project Team' shall conduct two site visits at 4 hours per site visit. The visits shall observe the general quality of the work at the time of the visit and review any specific items of work that are brought to the attention of the "Project Team" members by the Contractor or the Owner. 2.9.6 Factory and Off -Site Tests and Inspections: The Consultant shall coordinate tests and inspections of work, materials and equipment for the project at off -site facilities and suppliers, as specified in the contract for construction. As part of each contract, all testing will be paid for by the Contractor. 2.9.7 Performance and Witness Testine: The Consultant shall attend and witness field and factory performance tests as specified in the contract for construction and The Consultant contract scope. 2.9.8 Regulatory and Third Party Testing and Inspections: The Consultant shall monitor the Contractor's coordination of inspection and testing by regulatory and third party agencies that have jurisdiction over the project. 2.9.9 Subsurface and Physical Conditions: Whenever the Contractor notifies the Consultant of subsurface or physical conditions at the site which the contract for construction provides should be so notified, The Consultant shall advise the Owner and inspect the conditions at the site. The Consultant shall advise the Owner as to the appropriate action(s), and shall assist the Owner in responding to the Contractor. SCOPE OF SERVICES -ATTACHMENT A. 2008CM-AMENDMENTM5-FINAL Engineering and technical services that are required to investigate the subsurface or physical conditions shall be considered an Additional Service. 2.10 Shop Drawings, Samples and Submittals 2.10.1 Submittal Schedule: The Consultant shall obtain from the Contractor, as required by the contract for construction, a proposed shop drawing and submittal schedule which shall identify all shop drawings, samples and submittals required by the contract for construction, along with the anticipated dates for submission. 2.10.2 Review of Shop Drawings, Samples and Submittals: The Consultant shall review the Contractor's shop drawings, samples, and other submittals. The Consultant shall log and track all shop drawings, samples and submittals. Shop drawing reviews will be required for both Bid Package 1 and Bid Package 2. The Consultant's review of all shop drawings, samples and submittals shall be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. 2.10.3 Scope of Review: The Consultant's scope shall be based upon the scope of work in the contract for construction. Should there be additional reviews required of the Consultant, the Consultant shall be entitled to additional compensation. 2.11 Requests for Information (RFI) 2.11.1 Requests for Information: The Consultant shall review the Contractor's requests for information or clarification of the contract for construction. The Consultant shall log and track the Contractor's RFIs, and shall coordinate such review with the Owner as appropriate. The Consultant shall coordinate and issue responses to the requests. RFI reviews will be required for both Bid Package 1 and Bid Package 2. 2.11.2 Proposed Substitutions: The Consultant shall assist the Owner in reviewing and responding to the Contractor's requests for substitution of materials and equipment. The Consultant shall review such requests and shall advise the Owner as to the acceptability of such substitutions. 2.12 Safety 2.12.1 The Consultant shall manage the health, safety and environmental activities of its staff and the staff of its subcontractors to achieve compliance with applicable health and safety laws and regulations. 2.12.2 The Consultant shall coordinate its health, safety and environmental program with the responsibilities for health, safety and environmental compliance specified in the contract for construction. The Consultant shall coordinate with the Owner to correct conditions that do not meet applicable federal, state and local occupational safety and health laws and regulations, when such conditions expose the Consultant staff, or staff of the Consultant subcontractors, to unsafe conditions. 2.12.3 The Consultant shall notify affected personnel of any site conditions posing an imminent danger to them, which the Consultant observes. SCOPE OF SERVICES -ATTACHMENT A- 2008CM-AMENDMENT#5-FINAL 7