R2009-030 - 2009-03-16 - FailedFailed
March 16, 2009
RESOLUTION NO. R2009-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE
MCHARD ROAD EXTENSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction materials testing services
associated with the McHard Expansion Project, a copy of which is attached hereto as
Exhibit "A@ and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for construction management and inspection
services associated with the McHard Expansion Project.
PASSED, APPROVED and ADOPTED this the day of
A.D., 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on by and between the City of Pearland ("CITY")
and Construction & Management Professionals. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Mana~ennent and
Construction Inspection Services. (Project # T20001).
SECTION I -SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform Construction Management and Construction
Inspection Services for the McHard Road Paving and Drainage Improvements.
See Exhibit A, attached, for a detailed SCOPE OF WORK and man hour estimate.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
C. The CONSULTANT shall submit alI final construction documents in both hard
copy and electronic format. Electronic documents shall be Microsoft Office
compatible. All Record Drawings provided by the Contractor, shall be provided in
hard copy and electronic files shall be submitted to the CITY in digital format.
D. The CONSULTANT recognizes that all drawings, special provisions, feld survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
E. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTAN'T', its agents, employees or subcontractors under this Agieement,
as follows:
(1) Workers' Compensation as required by law.
Design 1 Of 5 1 S. Revised 7/25/08
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 far each occurrence, and $1,000,000 for each occurrence of
damage to or deshuction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be f-unished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall nat be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty {30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his offcers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end a8er the one year warranty period is
completed for the PROJECT not to exceed 30 months.
SECTION I1I -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT shall be on an hourly basis at a
fixed hourly rate as identified on Exhibit B attached hereto plus a Fixed Fee.
B. The Fixed Fee shall be established in the amount of $29,852.04. The Fixed Fee
will be paid based on a construction contract duration time of 12 months. The
consultant will invoice an amount equal to 1112 of the fixed fee less 10% to be
held as retainage. After the date of Substantial Completion, the Consultant will
be entitled to include in the monthly detailed invoice 50% of the amount of the
Fixed Fee retained. After the date of Final Completion, the Consultant will be
entitled to include in the monthly detailed invoice the remaining SQ% of the
amount of the Fixed Fee retained.
C. If the project construction exceeds the 12 months, the cost to the City will be
based on the fxed hourly rates as identified on Exhibit B with no additional Fixed
Fee. However, if the Contract is amended which significantly alters the Scope of
Services, the Fixed Fee maybe adjusted at the discretion of the City.
D. Reimbursable expenses will be billed at direct cost. Reimbursable expenses
include, but are not limited to, reproduction, deliveries, mileage at the current IRS
rate, and presentation materials. Applicable sales tax will be added to those fees
subject to sales tax.
E. Total compensation for the services performed shall not exceed $328,372.48.
F. The C1TY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
G. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION ]V -THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all teams and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
di1•ected to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S wor[c. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S c•eview of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT`S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor ofthe CITY.
SECTION V -TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at PO Box 209, Barker, Texas 77413. Immediately
after receiving such written notice, the CONSULTANT shall discontinue
providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entu•ely or partially completed, together with all unused materials
supplied by the CITY on or before the 15"' day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (6Q) days after the CONSULTANT has delivered
to the C1TY a detailed invoice for services rendered and the documents or v,~ork
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another parry for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the C1TY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, casts and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: if a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement ofthe parties.
SECTION VI -ENTIRE AGREEMCNT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII -COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting fiom the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability
and in its discretion, may deduct fiom the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this day of , 2009.
CITY OF PEARLAND, TEXAS
•.Gl.~ .
CONSU ANT
'~ :i r~ ~' Construction and Management Professionals, LLC
February 11, 2009
City of Peartand
3501 East Orange Street
Pearland, TX 77581-5416
Attn.: Cara Davis
Reference: McHard Road Paving & Drainage Improvements
Construction and Management Inspection Services -Proposal
Ladies and Gentlemen;
Construction and Management Professionals, LLC is pleased to offer the attached
proposal to provide Construction Management and Inspection Services for the
referenced project. This proposal is based on the City of Pearland's Construction
Management scope of Services dated 7/25/08 (attached) and structured to comply with
the City of Pearland's Contract using a Time and Material plus Fixed Fee payment
process.
Total Costs for Project Time $293,315.44
Total Costs for Project Materials 5,205.00
- Fixed Fee 29,852.04
Total Project Costs $328,372.48
These Costs are from the totals on the attached spreadsheet and are based on the
project data shown on that spreadsheet. If the data changes these costs may need to
be adjusted.
We are available to begin work immediately and look forward to helping you and your
staff provide a completed project that meets the objectives of the City of Pearland, its
citizens and the construction contractor.
If you have any questions please call.
Since ely;
r
////-~''ry~
eorge O! uig, PE
PO Box 209
Barker, Texas 77-# 13
T 713.203.323?
F 281.-t92.6436
www.candmp.com
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
McHard Road Paving and Drainage Improvements
Design 1 of 9 18. Revised 7/25/08
BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction
1.1. Attend Pre-Bid Meeting; provide feedback to City's Project Manager
as necessary.
1.2. Chair Pre-Construction Meeting
1.2.1. Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.2.2. Set communications protocol and contract
administration procedures.
1.2.3. Provide agenda for meeting to cover: Key milestone
dates, pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities, etc.
2. Construction Administration and Management Services
2.1. Act as the City's on-site representative and provide overall project
oversight.
2.2. Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and distribute
to City Project Manager, Design Engineer and contractor
throughout the duration of the project.
2.2.1. Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, submittals, shop drawings and
changes to the work.
Design 2 of 9 l8. Revised 7/25/08
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.2.1. Coordinate/monitor the following: utility
relocation activities for compliance,
utility installation verification, reporting,
record management and as-built
drawings.
2.2.2.2. Attend all utility coordination,
construction, and scheduling meetings.
2.2.2.3. Obtain copy of ROW permit and prints
from Public Works in order to monitor
progress of utility relocation per
permit/plan.
2.3. Manage Construction
2.3.1. All final documentation is required as an
electronic/digital format.
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
2.3.3. Review and update as-built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor's schedule
monthly, ensure compliance with City's intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Design 3 of 9 18. Revised 7/25/08
Monthly progress information associated with the
project will be submitted to the City for review and
approval.
2.3.7. Record weather conditions on jobsite daily.
2.4. Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor's operations with regard to other
City contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications.
2.4.1. Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2. Verify construction conformance with permitted
activities such as: City of Pearland Permits, U.S.
Army Corps of Engineers permits, TxDOT roadway
permits, and any Railroad agreements.
2.5. Maintain records of all decisions, actions and activities with regard
to construction operations (i.e. Change Orders, RFIs and
responses, Submittals and responses, Request for Proposals,
correspondence, SWPPP inspections.)
3. Construction Inspection Services
3.1. Provide full-time on-site technical observation of Contractor's
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract Documents
including Addenda, and Change Orders. Verify and ensure that
Contractor maintains good construction practices and professional
standards prevailing in the local City, County, and State of Texas.
3.1.1. Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
Design 4 of 9 18. Revised 7/25/08
take measures to repair and bring work in
compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2. Identify, record, and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
3.3. Prepare and maintain daily progress log, photographs and records
for turnover at completion of project. Provide a copy of daily
progress log that includes quantities installed that day to the City
Project Manager on a weekly basis.
3.4. Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
3.5. Attend and participate in progress meetings.
3.6. Gather for your records: names, addresses, telephone numbers
and email of all contractors, subcontractors, sub consultants and
major suppliers of material and equipment.
Design $ of 9 18. Revised 7/25/08
3.7. Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
3.8. Maintain Resolution Log and respond to citizen complaints.
3.9. Consult with City Project Manager and Design Engineer in advance
of scheduled major work operations, tests, inspections or start of
important phases of project.
4. Pay Applications
4.1. Produce and prepare independent progress based pay applications
on a monthly basis for all work in compliance with contract
documents. Review and verify quantities provided by contractor.
4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; Meet weekly with contractor
to verify work conducted and bid item quantities; meet
monthly to review pay estimate and quantities with
contractor
4.1.2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4. Provide City Project Manager with one original with all
original signatures for processing and payment by the
10th day following the cut off date for pay applications.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time daily and
monthly.
Design 6 of 9 l8. Revised 7/25/08
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities. Identify and add additional quantities and make any
approved changes to the Contract Time.
4.2.1. Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
5. Document Control
5.1. Receive, route, track and log all Contractor communications,
Submittals, Change Orders, RFIs, Pay Applications and Citizen
Complaint/Resolution Log. Communicate with Contractor the status
of submittal reviews. Create and keep a submittal and RFI log
showing status. Notify City Project Manager, Contractor and Design
Engineer of time critical issues.
5.2. Respond to RFIs when such response does not require the
Engineer's opinion or expertise or direction from City.
5.3. Assemble and maintain notes, comments, sketches and supportive
data relative to the Project to facilitate the revision of drawings to
conform to the final as-built conditions. Review Contractor's record
keeping periodically to ensure completeness, timeliness and
progress.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner.
Provide RFP and contractor proposal for additional work to City
Project Manager and Design Engineer for review and approval.
Design 7 of 9 18. Revised 7/25/08
Log and track status of RFP and Responses from Contractor, City
and Design Engineer.
6.2. Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor's response/proposal for merit, cost,
time, accuracy and price practicality. Negotiate with Contractor on
City's behalf if required.
6.3. Prepare Change Order and documentation including signatures of
Contractor, Engineer and Construction Manager for delivery to City.
7. Testing Laboratory and Results
7.1. Coordinate testing laboratory activities with Contractor's activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports for file. Review results with Contractor.
Monitor any corrective action and re-testing for compliance.
Maintain compliance with City's specifications
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to daily activities.
8. Project Completion and Close out
8.1. A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor's notification of substantial completion.
Include City Project Manager, Design Engineer and others as
directed. Prepare a list of non-conforming work based on visual
inspections. Record and monitor contractor's corrective efforts and
schedule. Schedule final completion inspection for any remaining
corrections.
B. Coordinate and obtain Design Engineer's sealed completion and
Final Acceptance letter.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor -forward to Engineer for review.
Design 8 of 9 l8. Revised 7/25/08
Collect Contractor's closeout documents to review for
completeness and accuracy, including; affidavits of final payment,
final pay estimates, as built records, redlines and drawings. Once
received, forward to Design Engineer along with any supporting
documentation.
8.2.1. Upon completion of close out items, provide
recommendation for City's Substantial
Completion/Final Acceptance certificate.
8.2.2. Provide indexed project files and redlines to City.
8.3. Conduct Project Close-Out Meeting.
8.4. Prepare and recommend final payment application. Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.
8.5. Consult with City on any potential Warranty items requiring repair or
replacement.
9. Warranty Period
9.1. Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
9.2. Provide staff to conduct and participate in the warranty inspections.
9.3. Produce list of work not conforming for presentation to the City
Project Manager, Design Engineer and Contractor.
Design 9 of 9 18. Revised 7/25/08
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MCHARD ROAD PAVING AND DRAINAGE IMPROVEMENTS
BILLING RATE SCHEDULE
for
CONSTRUCTION AND MANAGEMENT PROFESSIONALS, LLC
Billing Rates are based on a 2.12 multiplier
Classification Billing Rate
Officer $170.00
Chief Construction
Administrator $138.00
Senior Constructor
Administrator $95.00
Senior Project
Representative $64.00
Administrative
Assistant $32.00
~~®~ .,,
Exhibit "A"
Resolution 2009-30 T20001
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 2/23/09 by and between the City of Pearland ("CITY")
and Construction&Management Professionals. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Management and
Construction Inspection Services. (Project# T20001).
SECTION I-SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or..similar circumstances:
A. The CONSULTANT shall perform Construction Management and Construction
Inspection Services for the McHard Road Paving and Drainage Improvements.
See Exhibit A, attached, for a detailed SCOPE OF WORK and man hour estimate.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
C. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Electronic documents shall be Microsoft Office
compatible.All Record Drawings provided by the Contractor, shall be provided in
hard copy and electronic files shall be submitted to the CITY in digital format.
D. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
E. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as reauired by law. Pocof& a S
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