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HomeMy WebLinkAboutReso 43-17 E. Majdalani Constrution Management Incorporated Consulting Services Amendment RESOLUTION NO. 43 - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH E. MAJDALANI CONSTRUCTION MANAGEMENT INCORPORATED WHEREAS, the City of Dublin ("City") entered into an Agreement with E. Majdalani Construction Management Incorporated ("Consultant") on December 2, 2015 to perform consultant services to complete construction management for Fallon Sports Park Phase II; and WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman for the construction of Fallon Sports Park Phase II; and WHEREAS, the City and the Consultant mutually desire to amend the Agreement to increase Compensation by sixty-five thousand, seven hundred seventy dollars ($65,770) to a total Compensation sum not to exceed three hundred seventy-six thousand, nine hundred seventy dollars ($376,970) for additional construction management services during construction of Fallon Sports Park Phase II. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approve the Amendment to the Agreement with E. Majdalani Construction Management Incorporated, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 2nd day of May 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: ABSTAIN: r M yor ATTEST: (e/L-141 CPT' City Clerk Reso No. 43-17, Adopted 5/2/2017, Item No. 4.6 Page 1 of 1 EXHIBIT A AMENDMENT#2 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND E. MAJDALANI CONSTRUCTION MANAGEMENT INC. THIS AMENDMENT shall modify the Agreement dated December 2, 2015 for consulting services by and between the City of Dublin ("City") and E. Majdalani Construction Management Inc. ("Consultant"). The date of Amendment #2 shall be May 2, 2017. In order to accommodate additional services to be provided for the duration of Fallon Sports Park Phase II the Agreement shall be modified as follows: A) The first sentence of Section 2 (Amendment#1) shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $376,970 (three hundred and seventy-six thousand nine-hundred and seventy dollars even), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. B) Exhibit A— Scope of Services shall be revised to include additional services not to exceed $65,770 as included in the total compensation in Section 2 and as shown in the following proposal from E. Majdalani Construction Management dated April 6, 2017 and attached as EXHIBIT A.2. CITY OF DUBLIN CONSULTANT Christopher L. Foss, City Manager Elia Majdalani, Principal-In-Charge ATTACHMENT 4 Amendment#2 to Consultant Services Agreement between May 2, 2017 City of Dublin and E. Majdalani Construction Management Inc. E. MAJDALANI CONSTRUCTION MANAGEMENT, INC. 11 Embarcadero W,Suite 210,Oakland,CA 94607 T 510-986-1224 F 510-763-8616 April 06, 2017 Mr. Lorin Jensen Parks Project Manager City of Dublin, City Hall 100 Civic Plaza Dublin, CA 94568 Re: Contract Amendment No. 2 Fee Proposal for Fallon Sports Park Phase II Dear Mr. Jensen: Thank you for requesting EMCM to extend its services to continue providing construction management services for Fallon Sports Park Phase II project. Attached is a Scope of Work and a Fee Proposal for the duration from June 2017 to September 2017. Please let me know if you have any questions. Sincerely, E. Majdalani Construction Management, Inc. /g-•Elia Majdalani Principal-In-Charge CITY OF DUBLIN i- A. i FALLON SPORTS PARK PHASE II SCOPE OF SERVICES EMCM will continue to provide Construction Management Services to the City of Dublin throughout the remainder of construction and post construction of Fallon Sports Park Phase II. Our strategy is not to take over the City's program; but rather to be an extension of the City's program. Substantial completion is anticipated to be by end of August 2017 and punch list/ walk-thru will performed during September 2017. Our proposed construction management tasks for Fallon Sports Park Phase II will be per the following: A. Construction Phase Services: • EMCM will: • provide contract administration as a representative of the City; • work closely with City Project Manager,City staff,Landscape Architect,and general contractor; • conduct daily visits to the construction site; record and provide daily construction reports detailing field conditions,observations,contractor/subcontractor crew size and active equipment and progress of work; • monitor, review and evaluate contractor's monthly construction progress schedule and issue comments and recommendations; • oversee the general contractor's and subcontractors' scope of work and ensure proper site supervision and coordination; • conduct weekly job site progress coordination meetings with the City's representatives, design consultant, general contractor and other concerned parties; Prepare meeting agendas and record project meeting minutes; and • review and furnish recommendations with respect to contract correspondence and directives to secure City's interests. • EMCM will: • observe construction in place and report any deviations that do not comply with the construction documents; • review construction progress with the contractor, observe completed work and confirm that on site materials are properly stored;and • evaluate the percent completion of each construction activity as indicated in the construction schedule. Although neither inspection nor testing services are included in EMCM's services,we will coordinate inspections at the appropriate time and assist with providing any information to the City Departments as required. We will also coordinate with the City's Inspectors performing code compliance and permit sign off inspections, and coordinate and manage the City's consultants for special inspections and testing(i.e.concrete,steel,anchors, soils compaction, etc.), keeping record of all daily inspection logs and construction reports. Whenever any work is unsatisfactory, faulty or does not conform to the contract documents, the Construction Manager will review the non-compliant work with the design team and the City Project Manager, and will advise the contractor when the work should be corrected or has been rejected,or should be uncovered for observation, or requires special testing or inspection. • EMCM will coordinate construction efforts with Carducci and Associates and the contractor,and provide liaison to the City's Project Manager. We will provide on-site coordination to assure that the project meets the plans and specifications and stays on schedule. We will also review and evaluate the contractor's progress schedule line-by- line for its reasonableness, conformance, comprehensiveness and attainability, and make recommendations for acceptance or changes. During the weekly construction progress meetings with the contractor, EMCM will review the contractor's short—term progress and"3-week look-ahead" schedules and the impact of work changes. EMCM will also analyze schedule "work-arounds" to bring the project back on schedule when adversely impacted by changes and delays. Critical areas will be identified to confirm that parties, flagged on the critical path,have been made aware of their responsibility to meet important schedule dates. We will ensure that the City is continually aware of all schedule and cost implications. Construction Management Services Proposal I Page 1 �� 1 CITY OF DUBLIN 11►i"n I 's", � r FALCON SPORTS PARK PHASE II imitiai • EMCM will log,file and track all project submittals,RFIs,potential change order requests,and approved change orders. • EMCM has developed over the years thorough procedures to manage and evaluate change orders,whether owner or contractor initiated. In order to avoid requests for delays,RFIs will be processed immediately once initiated by the contractor. We will log all requests and act as the liaison between the contractor and Carducci and Associates Landscape Architects. The Landscape Architect may be asked to clarify the contract documents and provide field instructions and sketches when necessary. EMCM will keep the City informed of potential changes and make recommendations regarding any proposed changes. All change order requests, field orders, and other submittals will be logged and reported on a weekly basis. Key information,such as costs associated with each document and potential time delays will be recorded with the document's general description and status. We will immediately analyze the contractor's time delay claims and change order proposals. The Construction Manager is well versed in reviewing plans, specifications, contractual requirements and pricing criteria for the purpose of evaluating change orders. We will evaluate time and cost impacts, reconcile contractor's cost proposals with EMCM's estimates, negotiate, and make recommendations to the City for approval. Our goals have always been to successfully aim for fairness and reasonableness and to gain substantial cost savings for the Client. • EMCM will review and recommend approval of contractor's monthly payment requests. We will verify work in place against the schedule of values provided by the contractor. We will also coordinate and expedite functions connected with the contractor's obligation to document as-built changes. • EMCM will coordinate and schedule the required training sessions for the City Maintenance and Operation personnel as required by the contract specifications. B. Post-Construction Phase Services: • EMCM will assist the Landscape Architect in the walk-thru and punch list. All inspection reports will be reviewed to assure there are no outstanding issues of noncompliance. In conjunction with the Landscape Architect,we will assist in determining the remaining work necessary for"substantial completion" and notify the contractor of any deficiencies and coordinate any required corrections. We will make recommendations for final acceptance and payment. ESTIMATED LEVEL OF EFFORT The estimated level of effort and corresponding hours by each discipline and personnel for each task are detailed in the attached fee proposal spreadsheet. Construction Management Services Proposal I Page 2 f\ . . 7 . , ° , §co / .. (@ - e & A z VI. tee nn 2 g 0 . f- c § — ' ) / 9 § )\ _ . . 0 0 C ` 7 _ . . . )on ;/ !. , 7 / `— f / } \� !!\ e f co N § _\ -,) ° & ! § n. ` )_ , ) � §a\ E _{ ƒN to N N — e f �) )° ° ) 1 o} .0 0 r 2 '\ ` \\\ I ;$ ) , : 0 e$« ) / @4488 # G , Sa to i{ =` °—°° §\) ))S � } IF.,, u/k) #; a a7le � !a] § § ,/ kkk \ \/! §k cl - §k \ \ flu F § k } e3!)% | } ! « ) � # J . ! ! z ' a | \ !§\i ! 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