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HomeMy WebLinkAbout4/3/2002 - STAFF REPORTS (21) DATE: April 3, 2002 T0: City Council FROM: Director of Downtown Development and Director of Procurement and Contracting APPROVE CONTRACTING WITH CONSTRUCTION MANAGEMENT FIRM AND OWNER'S REPRESENTATIVE FOR DOWNTOWN PARKING STRUCTURE PROJECT RECOMMENDATION. That City Council approve contracting with Michael E. Fontana and Associates, Palm Springs, for project"owner's representative services" in an amount not to exceed $88,600, final agreement to be in a form acceptable to the City Attorney, and Turner Construction Company, Palm Desert, in an amount not to exceed $499,600 for pre-construction, construction, and post construction management services related to the Downtown Parking Project, final agreement to be in a form acceptable to the City Attorney. SUMMARY: The ability to retain the services of an experienced owner's representative with local experience with projects of similar or larger size and scope is key to successfully managing the downtown parking structure project. Mike Fontana's experience includes participation in building the parking structure at Desert Regional Medical Center. The designer of that project was the same (Walker Parking Structures) as the city's project. Hiring a construction management firm would provide pre-construction services including a constructability analysis, value engineering options and preparation of bid documents for bidding each trade contract. The resultant trade contracts/contractors would be managed by the construction management firm who would be on the City's team. Use of this delivery method allows the City to decide in advance who will administer the general conditions and coordinate the project. It also allows the City to benefit from the best cost for each individual trade. That is not typically the result, using a General Contractor bidding in a conventional lump sum manner. Turner Construction successfully provided construction management services for the new airport terminal building. The front end documents and other contract documents developed and utilized for that project can be easily revised to fit the parking structure project. BACKGROUND In 1997, City Council approved a professional services agreement with Turner Construction Company for construction management services related to the airport terminal expansion. During the successful project, with the assistance of an owner's representative (in this case a city staff member),Turner coordinated all construction site activities including managing 38 trade contracts developed through competitive bid processes. Some of the bidders for key trades were screened through a pre-qualification process. Staff proposes utilizing a similar team for managing the parking structure project. The comparative roles are as follows: Airport & Terminal Project Downtown Parking Structure Design: Gensler&Associates Walker Parking Structures Construction Management: Turner Construction Company Turner Construction Company Owner's Mike N. Williams, AAE, Deputy Michael E. Fontana Representative: Director of Aviation-Operations and Associates General Project Allen F. Smoot, AAE, Jerry Ogburn, Oversite: Executive Director-Airports Director of Downtown Development Competitive Harold E. Good, CPPO Harold E. Good, CPPO Process and Director of Procurement & Director of Procurement & Pre-qualification Contracting Contracting SCOPE OF SERVICES - OWNER'S REPRESENTATIVE Michael E. Fontana and Associates would provide the following services in the role of owner's representative: • Represent the owner and act as the owner's agent throughout the project. • Coordinate the efforts of the design team. Coordinate the bidding process • Advise the City regarding the selection of contractors for both the demolition phase and construction phase. • Assist the City in communicating with adjacent property owners during the demolition and construction of the project. • Coordinate the flow of information between the contractor and the design team. • Conduct regular meetings with the design team, the contractor and the City's staff representative. • Regularly review, schedule and progress and report to the City. • Regularly review project budget and report to the City. • Make daily visits to the site to review progress and handle on site concerns. • Review all changes (change orders)to the project scope, schedule and budget and report to the City. • Review all pay requests and make recommendations for payment. • Review all lien releases. • Continually work to build a mutually supportive team effort. -z- FEE - OWNER'S REPRESENTATIVE • Upon authorization, MFA is prepared to begin work. Although the project is scheduled to be substantially complete by November 27, 2002, Michael E. Fontana and Associates assumes that resolution of punch list items, final payment, lien releases and project close out will not be concluded until December 31,2002. Therefore the fee quoted herein reflects Michael E. Fontana and Associates's involvement from April, 2002 through December, 2002. Total Fee: Not to exceed $88,500. April and May will be billed at $4,000 per month. June through December will be billed at$11,500 per month. Non-project related services will be billed at a rate of$115,00 per hour. • Unless required by the City, MFA will not have a job trailer at the site but will conduct business from its office at 1276 N. Palm Canyon Drive. The costs for temporary office space, if required by the city, will be reimbursed at direct cost without mark up. Other reimburseable costs will be limited to outofarea travel,express deliveries,postage, printing and reproduction. SCOPE OF SERVICES - CONSTRUCTION MANAGEMENT Turner Construction Company would provide construction management services for the project including, but not limited to the following in three phases PRE-CONSTRUCTION • Prepare cost studies. • Conduct value engineering studies. • Complete a constructability review. • Develop preliminary construction phase schedule. • Prepare a cash flow chart for the project's duration. • Prepare a detailed estimate at the conclusion of construction drawings. • Prepare a Project Procedure Manual subject to City representative review and approval and based upon City Standard Construction Management Procedures. Copies of manual shall be provided for subcontractors. • Conduct a final review of bid documents for completeness and accuracy once plan check corrections are made. • Assist City representative in the preparation of "front end" documents for bid packages. Said "Front Ends" shall be based on City Standard Front End. • Develop bidding procedures in coordination with City representative and City Director of Procurement & Contracting. • Mold one information seminar for local trade contractors concerning the project and how to participate as a sub or a sub to a larger sub. • Conduct a forum for local trade contractors on public bidding and bonding. • Conduct pre-bid conferences as directed by City representative. • Receive, tabulate and analyze trade contractor bids. -2- • Make recommendations for trade contractor bid awards. • Assist City representative in negotiating sole source contracts in coordination with the Director of Procurement & Contracting. • Assemble and prepare contracts and related documents for City review and execution. CONSTRUCTION • Administer all construction contracts in coordination with City representative and in compliance with City bid documents. • Maintain full-time supervision of the work:"full-time"is defined as during all hours thattrade contractors are on the site. • Participate in weekly meetings with architect, owners, representative and City project administrator. • Maintain field logs, reports and testing report files. Log entries shall be no more than 48 hours after said event. • Manage the submittal process as outlined in Section 01300 of the Specification. Maintain on-site submittal log so City representative may ascertain completeness of submittal processes. • Negotiate change orders in coordination with City representative. • Monitorjob progress and at any time schedule slippage is ascertained, develop and obtain trade contract recovery schedules. Said recovery schedules shall be reviewed and approved by City representative in the weekly construction meeting. • Monitor contract compliance with all trade contractors. Non-compliance shall be reported to City representative at weekly construction meetings with proposed corrective action. • Administer and document a safety program for the duration of the construction project. • Implement and document a quality control program, subject to review and approval of City representative for the term of the construction project. • Cooperate with adjacent property owners — minimize and mitigate impact on adjacent property owners. POST-CONSTRUCTION • Coordinate correction of any remaining punch-list or defective work items. • Assist in the coordination for owner move in. • Coordinate all testing, turnover and training activities required from the various trade contractors and equipment suppliers. • Obtain all as-built documents,warranties and guarantees and shall compilethem in indexed notebooks. • Lead contract closeout activities in coordination with City representative. • Secure appropriate maintenance contracts. • Assist City representative in preparation for grand opening ceremony. FEE - CONSTRUCTION MANAGEMENT • $499,600 total lump sum to cover general conditions and fee for the project. (See attached General Conditions and Fee Payment Schedule). -4- The recommended project delivery method, in the opinion of the staff, fits the downtown parking structure project extremely well. In addition to allowing the demolition and construction to be phased,the construction work is competitively bid at the trade contractor level, (structural concrete, site concrete, landscaping, rebar/post tensioning, etc) and the City holds each of the individual contracts. The Construction Manager is responsible to the City for managing and coordinating the contracts to the City's cost, schedule and quality requirements- Although the Construction Manager is responsible for managing and coordinating the individual trade contracts, the Construction Manager remains on the owner's side of the table in a professional services relationship. Use of this project approach resulted in the new airport terminal building being completed three weeks ahead of schedule and under budget. Turner Construction Company was the construction manager for the airport project. Funds are budgeted within the designated project construction budget and will be available from the bond proceeds. 1 JERKY HAROLD E. GOOD Director o, Downtown Development Director of Procurement & Contracting APPROVED: City Manager Attachment: Minute Order (2) Turner Construction Company Proposal including fee schedules REVIEWED BY DEPOT.OFF�FINANCE w"� Turner Turner Construction Company 73-960 Highway 111 Suite 5 Palm Desert, California 92260 phone: 760.340.6161 fax: 760.340.6411 April 3, 2002 City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92263-2743 Attn: Harold Good RE: Construction Management Services for the Downtown Parking Snveture Harold, Turner Construction Company is pleased to submit our proposal to provide Construction Management Services to you for the upcoming Parking Stricture Project in Downtown Palm Springs, California. We propose a total Lump Stun in the amount of S 499,600 to cover our General Conditions and Fee for the project. This is outlined in the attached General Conditions and Fee payment schedule for the entire project. A complete breakdown of our General Conditions has been attached for you review. Our Pre-Construction and Construction Services for the project are listed below. The contract between Turner Construction Company and the City of Palm Springs will be based on the same contract that was used for the Construction Management Services at the Palm Springs Airport Phase 2A. Pre-Construction Services The scope of services for the Pre-Construction phase of this project will include working with the City and the Design Team to determine the project budget. Our team will then provide a constmctability analysis, estimating, value engineering options, a master construction schedule, and cash flow projections. Turner will also assist the City in preparing bid documents and scopes of work in preparation for the solicitation of bid proposals from prime trade contractors for the work Additional services are outlined in our statement of qualifications that are attached. Pre-Construction Services will be provided from April 4, 2002•-May 31, 2002- These Services are based on the following dates: • Council Approval on April 3, 2002, When Turner is released we will obtain the schematic drawings that have been developed by the Design Consultants and produce a constructability review of these drawings. At the same time Turner will produce an estimate of the current design to determine if the project is within the current budget. if the current design is over budget, Timer will develop a list of value engineering solutions for the Architectural Team's review and approval. A Century of Excelleace • The 50% Design Development Drawings will be complete on April 12,2002. Turner will continue doing constructability reviews, estimating and value engineering during this phase of the document development. At this time our staff will also put together the Master Project schedule for the project. Turner will also begin to put trade packages together for the entire project. • DemolitiiotifUtility Relocation Drawings complete on April 19,2002. Tuner will review these drawings and begin to put trade contractor scopes of work together for this work_ We will also begin to solicit trade contractors for the project and begin the pre- qualification process. Once the bid packages are complete, Turner will assist the City in biding out the site packages so that the Site Demolition and Utility Relocation work can begin on June 1,2002. • Construction Drawings completed on May 17, 2002. Turner will have all trade contractor scopes and bid packages complete at this point. We will then assist the City in biding out the Parking Structure trade packages, recommend trade contract awards, and prepare to start the Parking Structure work on July 1, 2002, Construction Services The scope of services for the construction of the project will include attendance of all project OAT meetings, scheduling,review of all submittals, coordination and review of shop drawings, processing RFPs, quality control,weekly trade contractor coordination meetings,weekly safety meetings,monthly review of contractor pay applications, change order review and negotiations, coordination with city agencies, and public relations. Additional services are outlined in our statement of qualifications that are attached. Construction Services will be provided from June 1,2002—November 27, 2002_ • June 1, 2002 the Site Demolition and Utility Work will begin. Turner will mobilize the construction site and begin overseeing the site work. This work will include fencing off the entire site and implementing the Indian Avenue traffic control plan. Turner will have full time representation onsite to oversee all phases of this work. • July 1,2002 the Parking Structure Work will begin. Turner will provide full construction services consisting of onsite supervision and engineering staff for the entire project. These services are outlined in more detail in our statement of qualifications. • November 27,2002 the Parking Structure will be complete. Utilizing our project management skills, our team will work diligently to assure an on time delivery of this project for the use of the downtown public. Our team will continuously monitor the project schedule during the project, and make adjustments in order to complete the project on time. Contract Close Out The scope of the close out services for the project will include finalization of all outstanding cost issues with the trade contractors,review of record drawings, record submittals, and final operating permits from the City agencies. Close Out Services will be provided from November 28, 2001 —December 31, 2002 November 28, 2002 thru December 31,2002—Project Close Out. Our team will close out all contracts and provide record drawings, submittals packages, O&M Manuals, and Warrantees to the City to finalize the completion of the project. If the above proposal meets Council approval,please let me know and our staff will proceed with the Pre-construction for the project. We appreciate the opportunity to be of service to the City of Palm Springs. Very Truly Yours, Turner Construction Company , Sill McLaughlin Coachella Valley Area Manager CC: DMS, SCL, File PALM SPRINGS PARKING STRUCTURE PROPOSED BILLING SCHEDULE GENERAL CONDITIONS - $ 330,600 CONSTRUCTION MANAGERS FEE - $ 169,000 Pre-Construction Construction and Contract Close out April May June July August September October November December Total General Conditions $23.313 $23,313 $40,568 $40,568 $40,568 $40,568 $40,568 $40,568 $40,568 $330,600 Fee ` $24,143 $24,143 $24,143 $24,143 $24,143 $24.143 $24,143 $169,000 Total Cash Flow $23,313 $23.313 $64,711 $64,711 $64,711 $64.711 $64,711 $64,711 $64,711 $499,600 The total Fee on the Project will be adjusted once the total project cost is has been publicly bid out. On Dec. 15, 2002 we will make a final adjustment to the Fee to reflect the actual direct cost on the project. The Estimated Budget for this project is listed below Direct Construction Costs $4,500.400 General Conditions & Fee S499,600 Total Costs $5,000,000 TURNER CONSTRUCTION COMPANY I I GENERAL CONDmONS-TOTAL-$330,600 ORANGE COUNTY/COACHELLA VALLEY BUSINESS UNIT 413102 DOWNTOWN PARKING STRUCTURE-PALM SPRINGS, CA DESCRIPTION QUANT.I UNIT I $/UNIT I SUBTOTAL TOTALIREMARKS I JOB OFFICE - TRAILER RENTAL-TURNER- 12 x 60 fi MOS 500 $ 3,000 JANITORIAL 6 MOS 125 $ 750 DELIVER,SET-UP, REMOVE,RETURN 1 EA 3,000 $ 3,000 UTILITIES TO TRAILERS LS $ - By Electrical Trade Contractor TOTAL-308 OFFICE $ 6,750 GENEM, EXPENSE OPFICE EQUIPMENT AND FURNITURE 1 LS 1,500 i $ 1500 OFFICE SUPPLIES 8 MOS 250 1 $ 2,000 BLUEPRINTING-CONTRACT DRAWINGS LS $ - By Owner BLUEPRINTING-SHOP DRAWINGS/AS-BUILTS 1 LS 2,000 $ 2,000 COMPUTERS-PC'S(2) 8 I MOS 420 $ 3,360 COMPUTER PERIPHERALS(PRINTERS,INTERNET) 1 I EA I 2,ODo $ 2,000 ADDITIONAL SOFTWARE(ProLog and Suretrack) 1 EA 2,750 $ 2,750 PROGRESS PHOTOGRAPHS 6 MOS 125 $ 750 BOUNDARY SURVEY 1 LS 500 $ 5D0 TELEPHONE/FAX SYSTEM 1 LS 750 $ "I TELEPHONE SERVICE 7 M05 750 $ 5,250 POSTAGE, EXPRESS MAIL 7 MOS 200 $ 1P00 PHOTOCOPIER 7 MOS 300 $ 2,100 PHOTOCOPIER SUPPLIES 7 MOS 1 100 $ 700 RADIO COMMUNICATIONS(Nextel) 9 E4 260 $ 2,520 DRIMCNG WATER AND ICE 6 MOS 100 S 600 MISCELLANEOUS GENERAL EXPENSE 9 MOS 150 $ 1,350 GROUP SAFETY MGR.INSPECTIONS(T.JONES) 5 M05 850 $ 4,250 SAFETY PROGRAM EXPENSE 6 MOS 100 $ 600 PROJECTSIGN 2 EA I SDO $ 1,000 SMALL TOOLS AND SUPPLIES 6 MOS 100 $ 600 FIRST AID SUPPLIES 6 MOS 50 $ 300 TOTAL-GENERAL EXPENSE $ 36,280 PROJECT S,�AFF - PRECONSTRUCTION PRECONSTRUCTION MANAGER 1 MOS ! 167501 $ 16,750 ESTIMATOR 1 MOS 86251 $ 8,625 PROCUREMENT ENGINEER 2 MOS 10625 $ 21,250 CONSTRUCTION OPERATIONS MANAGER 7 1 MOS 1 1,000 $ 7,000 PROJECT MANAGER 8 1 MOS 3,250 $ 26,000 PROJECT SUPERINTENDENT 7 1 MOS 12,750 $ 82,875 PROJECT ENGINEER 7 MOS 12,750 5 89,250 A/QC MANAGER 5 1 MOS 1,500 5 7,500 FINANCIAL MANAGEMENT-ACCOUNTING 360 HRS 62.00 $ 22,320 TOTAL-PROJECT STAFFI 5281,570 IN6URAN 7 ,TAXES, FRINGE BENEFITS - C.L., H.H.,C.O. INSURANCE 1 LS 1 6,000 1 S 6,000 BUILDERS' RISK M$ I I $ - I I By Owner TOTAL-INSURANCE,TAXES, FRINGE BENEFITSI I 1 $ 6,000 GRAND TOTALI I $330,fi00 I DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS CONSTRUCTION MANAGEMENT SERVICES Turner Construction Company's philosophy of construction project management is to function strictly as the Owner's agent, and to manage the construction of the trade contractors on behalf of the Owner. Our management techniques will be directed toward controlling the time, cost and quality of this project. We practice a comprehensive and aggressive approach to project management. Specific attention will be paid to all the details involved in your construction project and from the earliest stages of a project our management will pursue a preventive approach to claims. The proposed Turner team for your project has hands-on knowledge and experience in the management and administration of new construction, including projects constructed adjacent to existing businesses. The team also brings extensive practical claims analysis and resolution experience that is a valuable asset to performing proactive construction management. This combination of experience and technical expertise allows us to identify the routine and mandatory tasks to be accomplished, monitored and controlled, as well as maintain the tare priorities of the project and its Owner. Thus, while standardization is applied to increase efficiency control and quality, this project is unique and our approach will be customized to meet the needs of the City of Palm Springs. Turner and the proposed team, have a proven track record in anticipating a project's special needs, developing appropriate procedures, and implementing such procedures to achieve optimum balance between cost, quality and time. Turner will prepare a Management plan for the City of Palm Springs, which will establish the general basis for the sequence of contracting for construction of the Project. In preparation for this Construction Management Plan, Turner will evaluate the local construction market, the City's resources, the City's schedule and budget goals of the Project, develop various alternative approaches, and make recommendations to the City. Upon approval by the City of the Construction Management Plan, Turner can prepare the Construction Management Plan in final form. This document will indicate the project rationale and recommend the strategy for purchasing the construction of various bid packages. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS PRE-CONSTRUCTION SERVICES Master Project Schedule Turner will develop a Master Project Schedule that will contain key milestones to be accomplished by the Project participants, including a schedule of the Architect's and Consultant's design activities. Project Budget To assist the project architect, Turner will provide a plan and budget for all items that will be required for the project. These include such things as reproduction of the drawings and specifications for bidding, various other office and administrative costs and the cost for required services at the site_ Turner can review the Program of Requirements, the City's schedule goals, and existing budget data. Upon the City's request, Turner will make a report of the budget to the City indicating: 1) shortfalls or surpluses in the budget, and 2) recommendations for cost reductions and value engineering. Cost Management Procedures Turner will implement and maintain cost management procedures throughout the pre- construction phase. When changes are made and approved by the City, these changes can be recorded and the cost effect can be documented. Project Management Review Turner will provide input to the City and Architect relative to value, sequencing of construction phases, means and methods, duration of construction of various building methods, and constructability. Coordination Review Turner will review the Architect 50% and 90% Contract Document submissions and provide written comments on the coordination of the various disciplines, including civil, structural, architectural, mechanical, electrical,plumbing, and landscape. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Cost Adjustment Sessions Should significant variance be detected in the 50% or 90% Construction Document Estimates, Turner will conduct cost adjustment sessions with the Architect and the City. At the conclusion of these sessions, Turner, in conjunction with the City, will requcst commitments from the Architect for design adjustments to the documents in an effort to maintain the project budget. Conditions of Construction Turner will advise the City as to the form and content of the Invitation to Bid and the form of Proposal for the prime contract for construction. Turner can submit our General Conditions to the Architect and make suggestions for their inclusion into the Construction Documents. Management of Bidding Process Turner will assist the City in the overall bidding process, The four proposed steps are as follows: Bidding Procedures: In cooperation with the Architect and the City's Procurement Office, Turner will develop and expedite bidding procedures for bid document issuance, bidder tracking and receipt of proposals. Generare Bidder interest: Turner will maintain contact with potential bidders on a regular basis throughout the bid period. A telephone campaign can be conducted to stimulate and maintain interest in bidding on the project. Bid Advertisements: Turner will assist the City and the Architect in preparing and placing notices and advertisements to solicit bids on the Project. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Prepare and Expedite Bid Document Delivery In conjunction with the City and Architect, Turner will coordinate and expedite the preparation and delivery of Bid Documents and addenda to the bidders that may include: • Prepare summaries of work Bid Packages • Arrange to secure documents from Architect(s) • Arrange for printing,binding, and wrapping • Arrange for delivery to bidders • Follow-up calls to bidders Pre-Bid Conference(s) In conjunction with the City and Architect_ Turner will assist with pre-bid conferences. These conferences will be a forum for the City, Turner, and the Architect to present the project requirements to the bidders, including pre-qualification requirements as appropriate. Coordination and Inquiries Turner will coordinate communications related to Bidder inquires and seek resolution from the appropriate party and provide timely forwarding of such information to the bidders. Addenda Review Turner will provide a review of each addendum during the Bid Phase for time, cost, or constructability impact, and make appropriate comments or recommendations. Bid Evaluation Turner will assist the City in pre-qualification, the bid opening, evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices, and can make a formal report to the City with regard to the potential award of a contract. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Construction Contract(s) Turner will assist the City in the preparation of the trade construction contracts. Public Relations Activities Turner will assist the City and Architect in public relations activities including preparation of the Project information, and attendance at internal and public meetings as required, including the site meetings and City Committee meetings as required by the City. Construction Services Services provided in association with Construction Management activities that relate to the Trade Contractor commence between bid preparation and bid opening and continue for thirty-five (35) calendar days beyond the final filing of the notice or notices of completion_ In addition our service will continue though any warranty periods. Turner will supervise all activities that are connected with the construction of the project. Turner will provide responsible reporting and documentation that starts prior to the contractors' preconstruction conference and includes responsibility for performance of the site construction services provisions (general conditions items including supervision and administration of the project), conducting construction progress meetings, providing progress reports, processing contractors requests for information (BFI's), reviewing and recommending the approval or disapproval of change orders and payments to the contractor, maintaining record keeping to assist the City in negotiations, mediation or arbitration of claims or disputes. Preconstruction Conference(s) Turner will conduct, in conjunction with the City and the Architect, preconstruction orientation conferences for the benefit of the successful trade contractors and can serve to orient the trade contractors to the various reporting procedures and site rules prior to the commencement of actual construction. Contract Administration Turner will administer the construcrion contract as provided in the General Conditions of the contract for construction. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Submittal Procedures Turner will establish and implement procedures for submittals, change orders, payment requests and other procedures; and maintain logs, files, and other necessary documentation. Job Site Meetings Turner will coordinate regular job-site progress meetings with the prime contractor, and can distribute minutes to all meeting attendees, the City, and all other appropriate parties. Coordination of Technical Inspection and Testing Turner will coordinate with the City's certified inspector all testing required by the Architect or other third parties. All inspection reports can be provided to Turner on a regular basis. Construction Observation Turner will observe the progress of the work and advise the City of any deviations, defects or deficiencies we observe in the work. Turner's observation duties shall include reasonable diligence to discover work that is not in compliance with the Contract Documents. These observations will not, however, cause us to be responsible for those duties and responsibilities that belong to the Architect, the City inspector or the trade contractors. These include, but are not limited to, the Architect's obligation to produce clear, accurate drawings and specifications and the trade contractors responsibilities for the techniques and sequences of construction and safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. Non-Conforming 'Fork Turner will, in conjunction with the Architect and inspector, review contractor's recommendations for corrective action on observed non-conforming work. We can make recommendations to the City, the Architect, and inspector in instances where we observe work that, in our opinion, is defective or not in conformance with the Contract Documents_ DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Exercise of Contract Prerogatives When appropriate, Turner will advise the City and make recommendations to the City for exercising the City's contract prerogatives, such as giving the prime contractors notice to accelerate the progress when the schedule goals are in jeopardy due to trade contractors failings, withholding payment for cause and other prerogatives when required in an effort to achieve contract compliance. Master Construction Schedule Turner will continue to update and maintain the Master Cons•,rnetion Schedule and distribute the updated Master Schedule to the City, Architect and other appropriate parties. Construction Pro ress Review Turner will review the progress of construction with the trade contractors, observe work in place and that materials properly stored on a monthly basis, and evaluate the percentage complete of each construction activity as indicated in the construction schedule. Monthly Contractor Pavment Turner will review and make recommendations pertaining to monthly payments to the trade contractors. This activity can be an integral part of the monthly progress report updates. However, if it should later be found that a contractor has failed to comply with the provisions of his contract with the City in any way or detail, such failures and subsequent compliance can only be the sole responsibility of the prime contractor. Evaluate Proposal Cost Turner will evaluate the trade contractors proposal cost and can make formal recommendations to the City regarding acceptance of the proposal for a Change Order as required. Negotiation of Change Order Costs and Time Extensions Turner will assist the City and the Architect in negotiating Change Order costs and time extensions. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS Change Order Reports Turner shall prepare and distribute Change Order reports on a monthly basis throughout the construction phase. This report can provide information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report_ Contractor Schedule Claims Turner will be given copies of all notices of claims by Trade Contractors against the City for any alleged cause. Turner will perform a preliminary review if appropriate. After an evaluation of the actual progress as observed by us, scheduled activities can be assigned percentage-complete values in conjunction with the prime contractors. The report can reflect actual progress as compared to schedule progress noting variances (if any) as negative float_ This report can also be the basis for determining implementation of certain City prerogatives concerning progress of the project, when required_ • Recovery Schedule: If requested by the City, Turner shall assist the trade contractor in preparing a Recovery Schedule. This Recovery Schedule can reflect the corrective action and extraordinary efforts to be undertaken by the trade contractors to recapture lost time. This Recovery Schedule will be distributed to the trade contractors, the City, Architect and other appropriate parties. • Claims Analysis: If requested by the City, Turner will analyze the claims for extension of time and can prepare an impact evaluation report That can reflect the actual impact to the schedule_ The report can also provide a narrative including a recommendation for action to the City. • Evaluate Claim Cost: If requested by the City, Turner will prepare estimates based on the alleged cause of claims submitted by the prime contractors and can prepare alternate estimates based on varying scenarios of the claim cause. These estimates can be transmitted to the City and can be used in claim rulings and negotiations. • Contractor Claims Negotiations: If requested by the City, Turner will negotiate claims with the contractor on behalf of the City. We can make a recommendation to the City concerning settlement or other appropriate action. DOWNTOWN PARKING STRUCTURE PALM SPRINGS CALIFORNIA STATEMENT OF QUALIFICATIONS • Construction Schedule: Upon the City's transmission of a Notice of Award to the successful trade contractors, Turner will review the trade contractor's development of its detailed construction schedule within the framework of the submitted Preliminary Provisional Schedule_ Turner can distribute the Construction Schedule to the Contractor, the City, the Architect and other appropriate parties. Schedule of Values Turner will review, with the Architect, for compliance each Contract's Schedule of Values. Final Completion Turner, in conjunction with the Architect and the inspector will at the conclusion of all corrective action of all punch list items, make a final comprehensive review of the project, make a report to the City which can indicate whether Turner and the Architect find the work performed acceptable under the Contract Documents and the relevant project data, and make recommendations as to final payment to the Trade Contractor(s) and the notice of completion. Post-Construction Services Occupancy Permit Turner will assist the City in obtaining the occupancy permit. This task may encompass accompanying governmental officials (Fire Marshal, Building Department, etc_) during inspections of the facility, assisting in preparing and submitting proper documentation to the appropriate approving agencies, assisting in final testing and other necessary and reasonable activities. Final Project Report At the conclusion of the project, Turner will prepare final project accounting and close- out reports of all above ipdicated report systems. These reports can summarize, for historical purposes, any items that are not self-explanatory. MINUTE ORDER NO. APPROVING CONSTRUCTION MANAGEMENT FIRM OF TURNER CONSTRUCTION COMPANY FOR PRE-CONSTRUCTION, CONSTRUCTION AND POST-CONSTRUCTION MANAGEMENT SERVICES FOR DOWNTOWN PARKING STRUCTURE PROJECT IN AN AMOUNT NOT TO EXCEED $499,600. FINAL AGREEMENT TO BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. I HEREBY CERTIFY that this Minute Order approving construction management firm of Turner Construction Company for pre-construction, construction, and past-construction management services for the downtown parking structure project in an amount not to exceed $499,600, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 3'ti of April, 2002. Final agreement to be in a form acceptable to the City Attorney. PATRICIA A. SANDERS City Clerk -6- MINUTE ORDER NO. APPROVING OWNER'S REPRESENTATIVE FIRM OF MICHAEL E. FONTANA AND ASSOCIATES FOR DOWNTOWN PARKING STRUCTURE PROJECT IN AN AMOUNT NOT TO EXCEED $88,500. FINAL AGREEMENT TO BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. I HEREBY CERTIFY that this Minute Order approving owner's representative firm of Michael E. Fontana and Associates for the downtown parking structure project in an amount not to exceed $88,500 was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 3'ti of April, 2002. Final agreement to be in a form acceptable to the City Attorney. PATRICIA A. SANDERS City Clerk •7-