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HomeMy WebLinkAboutResolution No. 2023-05 - Resolution No. 2023-05 - PSA - Wenaha Group as Owner's RepresentativeRESOLUTION NO.2023-05 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH WENAHA GROUP TO PERFORM OWNER'S REPRESENTATIVE SERVICES FOR THE AQUATIC FACILITY PROJECT, AND FURTHER AUTHORIZE THE PPFD EXECUTIVE DIRECTOR TO EXECUTE THE CONTRACT DOCUMENTS. WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, pursuant RCW 35.57.070, wherein the PPFD may secure services by means of an agreement with a service provider. The PPFD shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by District Resolution; and WHEREAS, on February 21, 2023, the PPFD Board established the process for procuring service provider agreements through Resolution No. 2023-01; and WHEREAS, the PPFD Board approved the posting of the Owner's Representative Request for Qualifications commencing on February 22, 2023 by Resolution No. 2023-02 and instructed a Selection Team to review the proposals and recommend the preferred service provider to the PPFD Board; and WHEREAS, the PPFD Board approved Wenaha Group as the Owner's Representative for the Aquatic Facility project at the May 16, 2023 meeting by motion. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. That the Executive Director for the Pasco Public Facilities District (PPFD), is hereby authorized, empowered, and directed to sign and execute the Professional Services Agreement with Wenaha Group on behalf of the PPFD Board, a copy of which is attached hereto, and incorporated herein by reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Section 2. That this Resolution shall take effect immediately. Resolution — PSA — Wenaha Group - 1 SSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this Hg' day of May, 2023. PASCO PUBLIC FACILITIES DISTRICT s Ma Morrissette, oard President ATTEST: r PAe L 2md"1-2 Caroline Bowdish, ecretary/Treasurer Pasco Public Facilities District APPROVED AS TO FORM: Kerr Fergus LLC Attorne or PPFD Resolution — PSA — Wenaha Group - 2 EXHIBIT A to Resolution No. 2023-05 PROFESSIONAL SERVICES AGREEMENT WENAHA GROUP OWNER'S REPRESENTATIVE FOR AQUATIC FACILITY PROJECT THIS AGREEMENT is made and entered into between the Pasco Public Facilities District (PPFD), a Washington Municipal Corporation, hereinafter referred to as "PPFD", and Wenaha Group. hereinafter referred to as "Consultant." on the day of 2023. RECITALS WHEREAS, the PPFD desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the PPFD is relying. WHEREAS, the PPFD's Board of Directors finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities, and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto, and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by October 31, 2025. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the PPFD. PSA — Owner's Representative for Aquatic Facility Project Page 1 3.3 The PPFD shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The PPFD shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The PPFD shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ Hourly (Single Rate): $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the PPFD; or ® Hourly (Multiple Rate): Such rates as identified on Exhibit B, attached hereto and incorporated herein, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ 787,819.00 without the prior written authorization by the PPFD Board of Directors; or ❑ Fixed Sum: A total of $ ; or ❑ Other: 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the PPFD may require, shall furnish to the PPFD such statements, records, studies, surveys, reports, data, and information as the PPFD may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the PPFD or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the PPFD, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The PPFD shall receive a copy of all audit reports made by the agency or Consultant as to the Consultant's activities. The PPFD may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the PPFD copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. PSA — Owner's Representative for Aquatic Facility Project Page 2 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the PPFD, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the PPFD, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the PPFD. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the PPFD for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the PPFD, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the PPFD, the PPFD agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the PPFD is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the PPFD or public citation by the PPFD in connection with PPFD action. 6.2 If the Consultant becomes a custodian of public records of the PPFD and request for such records is received by the PPFD, the Consultant shall respond to the request by the PPFD for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the PPFD receives a public records request for protected work product of the Consultant within its possession, the PPFD shall, prior to the release of any PSA — Owner's Representative for Aquatic Facility Project Page 3 protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The PPFD is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the PPFD for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the PPFD provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the PPFD and shall be subject to the PPFD's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a Pasco business license. 7.4 The PPFD may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the PPFD's sole discretion, may be detrimental to the PPFD's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the PPFD, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the PPFD. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the PPFD, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder PSA — Owners Representative for Aquatic Facility Project Page 4 shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the PPFD by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the PPFD's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01. 9.1.2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The PPFD shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the PPFD using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4. Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. PSA — Owner's Representative for Aquatic Facility Project Page 5 9.2.2. Commercial General Liability insurance shall be written with limits no less than: ❑ $2,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 9.2.3. Professional Liability insurance shall be written with limits no less than: ❑ $2,000,000 per claim; ❑ $2,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the PPFD. Any insurance, self-insurance, or self -insured pool coverage maintained by the PPFD shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the PPFD. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL 9.5 Verification of Coverage. Consultant shall furnish the PPFD with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement evidencing the insurance requirements of the Consultant before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the PPFD with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 PPFD Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the PPFD shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the PPFD evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the PPFD may, after giving five (5) business days' notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the PPFD on demand, or at the sole discretion of the PPFD, offset against funds due the Consultant from the PPFD. PSA — Owner's Representative for Aquatic Facility Project Page 6 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the PPFD shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The PPFD has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the PPFD, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines.. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the PPFD. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than thirty (30) day's written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the PPFD may terminate this Agreement for cause. Termination PSA — Owner's Representative for Aquatic Facility Project Page 7 shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1. Personal service upon the Project Administrators; or 14.2.2. Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: For the PPFD: Matt Watkins PPFD Executive Director 525 N. Third Avenue Pasco, WA 99301 Pfd-watki ns(c)-pasco-wa.gov 15. Dispute Resolution. For the Consultant: Heath Gardner Senior Project Manager 100 N Morain St. Suite 201 Kennewick, WA 99336 Heath (c)wenahaaroup.com 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the PPFD of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. PSA — Owner's Representative for Aquatic Facility Project Page 8 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the PPFD and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON Matt Watkins, Executive Director ATTEST: Debra C. Barham, City of Pasco Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, PPFD Attorney CONSULTANT Heath Gardner, Wenaha Group PSA — Owner's Representative for Aquatic Facility Project Page 9 Pasco Public Facilities District Aquatics Center Owner's Representative Services Exhibit A - Scope of Services Services shall include: General EXHIBIT A - to PSA 1. Assume overall responsibility for full project management and construction management services for the predesign, design, permitting, construction, occupancy and post occupancy warranty phases. Emphasis on project management, budget management, schedule, quality control, and contract administration. 2. Develop an overall management plan for the projects to include a project organizational chart, roles and responsibility matrix, communication plan, preliminary master schedule, critical dates, preliminary contracting strategy, and other pertinent issues. 3. Act as the district capital construction office for the project(s), including maintenance of related records, documentation, design data, drawings, correspondence, procurement documents, etc., pertaining to the construction program. Coordinate with district and City departments in regards to billing and documentation. 4. Advise the district and consult with district legal counsel on all contract documents. Assist the District in contract negotiations. 5. Perform project financial management including project controls to maximize value received within available project funding. Perform reconciliation of the project budget with accounts payable, warrant and transactions reports. Provide monthly budget reports including forecasted costs to identify line items that are trending above or below the established budget. 6. Develop, monitor and report cash flow, and costs throughout the program period. 7. Administer all contracts including architectural, engineering, special consultant services and general contractor, GCCM or design -builder. 8. As requested, attend public meetings as a representative of the district. 9. Coordinate communication with the team, community and news media as requested, to enhance understanding and support for the project. 10. Present or assist in presentation of project(s) to appropriate Boards, Commissions, Agencies, and public hearings as required. 11. Act as district Liaison for the project to the local jurisdictions and state agencies for securing approval of permits and funding. Pre -design 1. Assist the District in establishing project oversight and design guidance procedures. Facilitate formation and management of committees and taskforces if desired. Facilitate process to establish communication plan, roles and responsibilities. 2. Put in place project reporting, communications, and documentation processes to include progress, schedule, financial, and other information to be distributed to appropriate parties throughout all phases of the work. Provide appropriate access to district personnel where collaborative digital platforms are being utilized. Periodically brief staff and Board of Directors on progress and issues. 3. Assist the district in obtaining funding through a bonding process and/or other funding pursuits. 4. Prepare District procured consultant proposal solicitations, assist the district in the selection of other specialty consultants as required and assist with the negotiation of service agreements. Negotiate and advise the District on Architectural or other specialty consultant Additional Service Requests (ASR). 5. Facilitate procurement processes for various consultants, goods and services. 6. Develop and maintain a master schedule for the overall project. 7. If desired by the district, lead the approval and selection process for alternative contracting method. This includes evaluating the project for suitability, preparing the application, seeking approval of the Project Review Committee, procuring the contractor/design-builder and executing the contract through design and construction. 8. Assist the district in obtaining various governmental approvals such as CPARB-PRC and WA CTED review. 9. Identify the scope and prepare budgets for design services and construction contracts that may be required. Design Phase 1. Provide general direction and coordinate consultant activities. 2. Review all consultant activities and products, identify and advise where specialized third party review may benefit the project and assist in procurement and coordination of such reviews. 3. Review and recommend payment of all District consultant billings. 4. Participate in design meetings and facilitate execution of tasks assigned to district. 5. Assist with value engineering and energy efficiency design protocols. Assist with constructability analysis. Where formal, third -party value engineering or constructability reviews are required, oversee procurement and coordination of such. S. Assist with bid package format (i.e. alternates and phasing) 7. Review periodic design estimates and report on conformance to the established budget. B. Establish and oversee the production of third -party estimates to validate fair costs, identify risks or opportunities, and facilitate decision making. 9. Assist in the development and maintenance of district project and construction standards, protocols and best practices. 10. Work to identify available energy incentives and facilitate the documentation necessary to qualify and collect applicable incentives, rebates and/or LEED certification if the district determines it intends to pursue. Construction Administration 1. Provide periodic presentations/tours as directed by the district. 2. Monitor and review the Contractor's management of the construction schedule. Review and report on required monthly updates provided by the contractor. Review required short term "look -ahead" schedules produced by the contractor and compare against the baseline schedule. Consult with the contractor and district on corrective actions and schedule revisions. Provide schedule performance reports at regular intervals desired by the district. 3. Attend construction meetings as representative of the district. 4. Monitor general and subcontractor's work to assure conformance to codes and project design specifications. 5. Confirm work completed and materials received and approve general contractor progress payments. Review and audit detailed costs for any time and materials agreements. 6. Track submittal processes, help identify items needing explicit review and approval from the district, perform and/or facilitate such review and approval. 7. Track and respond to RFI's on the Districts behalf. 8. Review the contractor's quality control and quality assurance plan. Monitor activities to confirm adherence to the plan. 9. Perform regular quality control inspections on behalf of the district in cooperation with the contractor's plan. Document items for correction and follow up to ensure items are satisfactorily addressed. 10. Work to identify, track and communicate risks. Identify and oversee mitigation actions as directed by the board. 11. Track usage of project contingencies and coordinate approvals for accessing contingencies. 12. Evaluate and recommend change orders. Analyze change proposals from contractors or consultants for adherence to the contract. Where appropriate perform fair cost analysis to validate proposals. Communicate change orders and construction change directives to the district for authorization. Project Move -in and Closeout 1. Assist with punch list development. Confirm completion of identified punch list items. 2. Confirm substantial completion, temporary occupancy, and final occupancy. 3. Track and communicate the district's occupancy schedule. 4. Coordinate owner training activities. 5. Assist the District in development and execution of project closeout, occupancy and warranty plans. 6. Provide final project close-out financial information with comparison to master project budget. 7. Coordinate closely with District's Furniture, Fixture and Equipment (FF&E) design and procurement process. 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