Livonia Greenhouse CE Proposal_2021-1008.pdf

OHM Advisors®

34000 PLYMOUTH ROAD

LIVONIA, MICHIGAN 48150

T 734.522.6711 F 734.522.6427 OHM-Advisors.com

October 8, 2021 l Mr. Harry Lau Administrator of Facilities and Operations Livonia Public Schools 15125 Farmington Road, Livonia, MI 48154

RE: Healthy Livonia Greenhouse at Garfield Community School

Dear Mr. Lau, Thank you for showing continued confidence in OHM Advisors by seeking a proposal to provide Livonia Public Schools with construction engineering services for the Healthy Livonia Greenhouse Project at Garfield Community School. This is an exciting project for Livonia Public Schools and the surrounding neighborhood, and OHM Advisors is excited to be a part of it.

The following is a breakdown of our proposed scope of services, fees, and proposed schedule.

SCOPE OF SERVICES

For project delivery, the work is currently planned to be executed in two (2) contract packages, generally described as follows:

1. Contract 1 – Site improvements and utility coordination indicated on the plans in preparation for the construction of the proposed greenhouse.

2. Contract 2 – Greenhouse delivery and construction.

For this Scope of Services, OHM will provide construction engineering services for the work in Contract 1 listed above. A detailed description of the work is described below

Construction Phase Services

1. Contract Administration Services shall consist of the general assistance with the Livonia Public Schools administration of the construction contracts, including payment, change orders, schedule enforcement and project documentation. A detailed list of tasks includes the following:

a. OHM will assist with the resolution of claims and/or contract document interpretation.

b. OHM will review contractors progress relative to approved project schedules to monitor compliance with contract deadlines

c. Preparation of periodic pay estimates based upon periodic contractor progress inspections to meet

Livonia Public Schools deadlines for payment purposes.

Mr. Harry Lau

OHM Advisors®

34000 PLYMOUTH ROAD

LIVONIA, MICHIGAN 48150

d. Notify Livonia Public Schools immediately of any unanticipated project conditions and any changes, extras, or adjustments to the contract before processing a Work Order and/or Recommendation.

e. Collect, properly label, or identify, and deliver to Livonia Public Schools original logs, records, reports, other documents, and Project files prepared by OHM in the performance of the services, upon completion or termination of the services.

f. OHM will lead project closeout, consisting of final pay estimate preparation, obtaining closeout documents required from the contractor and a balancing change order reflecting increases, decreases, credits and/or extras to the contract.

g. Prepare such periodic, intermediate, and final reports and records as may be required by Livonia

Public Schools in a format acceptable to Livonia Public Schools, and as are applicable to the Project, which may include:

i. Inspector's Daily Reports

ii. Work Orders

iii. Construction Item and Tested Material Records using Field Manager

iv. Transfer of Tested Materials

v. Moisture and Density Determination Reports

vi. Inspector's Report of Concrete Placed

vii. Weekly or Bi-Weekly Construction Progress Report

viii. Contract Modifications (Recommendations and Authorizations)

ix. Extension of Time and Liquidated Damages

x. Other records and/or reports as required for the individual Project by the CITY and/or as required by Specifications, Plans, Proposal, the Michigan Construction Manual, the Materials Sampling Guide, and other applicable references, guidelines, and/or procedures manuals.

h. Review, process, and/or approve construction Contractor submittal of records and reports required by Livonia Public Schools as applicable to the Project, which may include:

i. Working Drawings

ii. Contractor's claims for additional compensation and extension(s) of time

iii. Other reports and records as required for the individual Project by the Livonia Public

Schools

i. Maintain project files as agreed upon by OHM and Livonia Public Schools.

j. Finalizing Project Documentation

i. Field measure applicable items of work. Prepare final summaries for applicable items of work.

Prepare as-built record drawings showing as constructed information for underground work.

Record plans will be delivered electronically in PDF format as well as hard copy. As built drawings shall include all drawing sheets.

ii. Participate in and resolve items determined to be insufficient during Livonia Public Schools review(s) of project records prior to submitting the Final Estimate.

iii. Prepare and submit the Final Estimate, Final Quantity Sheets, and Final Marked As-Constructed Plans.

2. Construction Engineering Services shall generally consist of supervision of OHM Field staff to provide

OHM Advisors®

34000 PLYMOUTH ROAD

LIVONIA, MICHIGAN 48150

appropriate project staffing and project documentation, manage shop drawing review process, resolution of construction issues/problems which may arise, review and recommendations to Livonia Public Schools regarding claims from the contractor(s) including preparation of change orders if required, prompt complaint resolution, review of project progress for compliance with approved schedule and recommendations to Livonia Public Schools for penalties and/or changes in the time of completion of projects. A detailed description of these services is as follow:

a. OHM will assign a Project Engineer to the project who will work day to day with the contractor, resolving issues noted above.

b. OHM shall lead the preconstruction meeting and any necessary progress meetings.

c. Perform services as the Project Engineer for the Project consistent with the Livonia Public Schools practice and in accordance with the Specifications, Plans, Proposal, and other applicable references, guidelines, and/or procedures manuals.

d. Arrange and conduct Progress Meetings required to carry out the Services or as requested by Livonia

Public Schools. OHM will prepare and distribute minutes of these meetings.

e. Provide appropriate coordination with affected local, state, and/or federal agencies, other

Consultants, Contractors, the public, utilities, local police, fire, and emergency services, and the Public Schools, which may be affected by the Project.

f. Attend requested informational meetings with Livonia Public Schools staff and neighboring residents as needed to explain the proposed construction project, the impact(s) to the neighborhood, and progress during construction.

g. OHM will develop and coordinate with Livonia Public Schools, draft letters/notices to neighborhood residents, as needed, at the start of construction; and when needed, send out letters when there are changes in construction sequences or schedule. Notifications will be handled by door hangars handed out by OHM, or by using electronic communication, e-mail software Constant Contact. If requested, the OHM will participate in other resident communication initiatives.

h. Keep diaries, sketches, logs, and records consistent with Livonia Public Schools practices as may be needed to record the Contractor's progress. Notify Livonia Public Schools of any anticipated Contractor's requests for extensions of time. Notify Livonia Public Schools upon receipt of any Contractor's requests for extensions of time. OHM will work with Livonia Public Schools to resolve these issue.

i. Resolve problems, issues, discrepancies, or other items brought to the attention of the OHM by the

Contractor based on industry standards. Provide written documentation of the resolution of such issues. Keep Livonia Public Schools informed of such issues.

j. Represent Livonia Public Schools as the Project Engineer on claims for extra compensation and denied extensions of time requests filed on behalf of the Construction Contractor and/or Subcontractor on the Project against Livonia Public Schools.

k. Materials Testing will be performed by Livonia Public Schools’ testing consultant and work directly for the Livonia Public Schools and is not part of this contract. OHM shall review material testing reports to check for compliance with contract documents and make appropriate recommendations

OHM Advisors®

34000 PLYMOUTH ROAD

LIVONIA, MICHIGAN 48150

(when needed) to Livonia Public Schools.

3. Construction Inspection/Observation Services shall consist of full time inspection of the site work progress by the contractor(s) on days when work is performed to monitor progress and compliance of the work with the plans and specifications.

a. OHM shall assign a sufficient number of qualified and experienced technicians to this Project to perform the Services in a quality manner to avoid any delay to the Construction Contractor. Personnel performing inspection on bituminous, Portland cement, and aggregate will have the appropriate certification level for the inspection that is being performed.

b. Daily field reports (IDR’s) will be prepared by OHM (electronically) documenting pay item quantities, contractor man-hours, equipment, and the general work progress for the day.

c. Measure and compute quantities and provide appropriate documentation of materials incorporated in the work and items of work completed and maintain an item record account using software agreed upon by OHM and Livonia Public Schools.

d. Track insufficient tested materials and notify the Contractor on a bi-weekly basis.

e. The OHM will answer neighboring residents’ questions and attempt to resolve complaints on a daily basis, which may arise during the course of construction.

f. Provide inspection of Contractor field construction work, and confirm substantial conformance with the Specifications, Plans, and Proposal. Arrange for non-compliant work to be made whole by the Contractor or to find the non-compliant work acceptable to OHM and, where necessary, to Livonia Public Schools and/or the City of Livonia. Inform Livonia Public Schools of non-compliant work and trends toward borderline compliance.

g. Complete a final inspection of the site work included in the Project, or such portions thereof eligible for acceptance, after notification by the Contractor that the work is completed or after our records show the work is completed. The final inspection shall include notifying the Contractor in writing of particular defects to be remedied if work is not acceptable to OHM.

h. Ascertain that the Project has been performed in accordance with the plans and specifications, or such modifications thereof as may have been approved, and accept the Project. Invite Livonia Public Schools to participate in the final acceptance.

Construction Stakeout Services are not included in this scope of work and are expected to be completed by the contractor. Should Livonia Public Schools request OHM to perform these services, a separate cost will be negotiated

SCHEDULE

OHM’s scope of service will commence upon award of contract 1 as described above. We are anticipating a seven

(7) week construction schedule, beginning in mid-October 2021 and concluding in early December 2021.

COMPENSATION

OHM Advisors®

34000 PLYMOUTH ROAD

LIVONIA, MICHIGAN 48150

We propose to complete the above scope of services on an hourly basis, billed monthly, at a not to exceed fee of forty on thousand five hundred dollars ($41,500), broken down as follows:

Construction Contract Administration: $14,500

Construction Engineering: $11,000

Construction Inspection/Observation: $16,000

As an alternate, these services may also be selected individually on an as-needed basis.

All costs are included, and no reimbursable expenses are expected with the exception of any necessary permit or application fees. If services beyond this scope are required, we can perform these on an hourly basis in addition to the fee presented above or at a negotiated sum at your request.

ASSUMPTIONS & EXCLUSIONS

� The Livonia Public Schools main point of contact will be Mr. Harry Lau.

� No survey work or construction staking of the project areas are included in this proposal.

� No construction inspection/observation, contract administration, or construction engineering services for the delivery or construction of the greenhouse structure are included in this proposal. OHM’s presented scope of service concludes upon completion and acceptance of the site work indicated on the plans and specifications.

AUTHORIZATION

We appreciate the opportunity to provide Livonia Public Schools with this proposal. If the above scope and fee is acceptable, please provide us written authorization to proceed.

Sincerely, OHM Advisors

Ben Weaver, PLA Project Manager

Encl: OHM Advisors 2021 Public Hourly Rate Schedule (1 page) OHM Advisors Standard Terms (2 pages)

Cc: Kirk Loveall, OHM Advisors

OHM ADVISORS

2021 HOURLY RATE SCHEDULE

Rates as reflected subject to review and adjustment on an annual basis.

2021 Public Rates

Professional Engineer IV / Architect IV / Senior Interior Designer IV $183.00

Professional Engineer III / Architect III / Senior Interior Designer III $165.00

Professional Engineer II / Architect II / Senior Interior Designer II $150.00

Professional Engineer I / Architect I / Senior Interior Designer I $140.00

Project Specialist II $158.00

Project Specialist I $130.00

Graduate Engineer IV $145.00

Graduate Engineer III $138.00

Graduate Engineer II $130.00

Graduate Engineer I $123.00

Graduate Architect III / Landscape Architect III / Interior Designer III $132.00

Graduate Architect II / Landscape Architect II / Interior Designer II $112.00

Graduate Architect I / Landscape Architect I / Interior Designer I $100.00

Technician IV $140.00

Technician III $120.00

Technician II $103.00

Technician I $83.00

Engineering / Architectural / Interior Design Aide $65.00

Professional Surveyor III $162.00

Professional Surveyor II $150.00

Professional Surveyor I $135.00

Graduate Surveyor $115.00

Surveyor III $117.00

Surveyor II $110.00

Surveyor I $90.00

Surveyor Aide $70.00

Planner IV $160.00

Planner III $140.00

Planner II $118.00

Planner I $100.00 Planner Aide $65.00

Graphic Designer $110.00

Administrative Support $70.00

Clerical Aide $60.00

Principal $210.00

Sr. Associate $195.00

Associate $185.00

TERMS & CONDITIONS

Michigan Terms & Conditions Page 1 of 2 March 11, 2021

1. THE AGREEMENT. These Terms and Conditions and the attached Proposal or Scope of Services, upon acceptance by CLIENT, shall constitute the entire Agreement between Orchard, Hiltz & McCliment, Inc. (OHM ADVISORS), a registered Michigan Corporation, and CLIENT. OHM ADVISORS and CLIENT may be referred to individually as a Party or collectively as Parties. This Agreement supersedes all prior negotiations or agreements and may be amended only by written agreement signed by both Parties.

2. CLIENT RESPONSIBILITIES. CLIENT, at no cost, shall:

a. Provide access to the project site to allow timely performance of the services.

b. Provide all information in CLIENT’S possession as required by OHM ADVISORS to perform the services.

c. Designate a person to act as CLIENT’S representative who shall transmit instructions, receive information, define CLIENT policies, and have the authority to make decisions related to services under this Agreement.

3. PROJECT INFORMATION. OHM ADVISORS shall be entitled to rely on the accuracy and completeness of services and information furnished by CLIENT, other design professionals, or consultants contracted directly to CLIENT.

4. PERIOD OF SERVICE. The services shall be completed within the time specified in the Proposal or Scope of Services, or if no time is specified, within a reasonable amount of time. OHM ADVISORS shall not be liable to CLIENT for any loss or damage arising out of any failure or delay in rendering services pursuant to this Agreement that arise out of circumstances that are beyond the control of OHM

ADVISORS.

5. COMPENSATION. CLIENT shall pay OHM ADVISORS for services performed in accordance with the method of payment, as stated in the Proposal or Scope of Services. CLIENT shall pay OHM ADVISORS for reimbursable expenses for subconsultant services, equipment rental, or other special project related items at a rate of 1.15 times the invoice amount.

6. TERMS OF PAYMENT. Invoices shall be submitted to the

CLIENT each month for services performed during the preceding period. CLIENT shall pay the full amount of the invoice within thirty days of the invoice date. If payment is not made within thirty days, the amount due to OHM ADVISORS shall include a service fee at the rate of one (1%) percent per month from said thirtieth day.

7. STANDARD OF CARE. OHM ADVISORS shall perform their services under this Agreement in a manner consistent with the professional skill and care ordinarily provided by similar professionals practicing in the same or similar locality under the same or similar conditions.

8. RESTRICTION OF REMEDIES. OHM ADVISORS is responsible for the work of its employees while they are engaged on OHM ADVISORS’ projects. As such, and in order to minimize legal costs and fees related to any dispute, CLIENT agrees to restrict any and all remedies it may have by reason of OHM ADVISORS’ breach of this Agreement or negligence in the performance of services under this Agreement, be they in contract, tort, or otherwise, to OHM ADVISORS, and to waive any claims against individual employees.

9. LIMIT OF LIABILITY. To the fullest extent permitted by law, CLIENT agrees that, notwithstanding any other provision in this Agreement, the total liability in the aggregate, of OHM ADVISORS to CLIENT, or anyone claiming under CLIENT, for any claims, losses, damages or costs whatsoever arising out of, resulting from, or in any way related to this Agreement or the services provided by OHM ADVISORS pursuant to this Agreement, be limited to $25,000 or OHM ADVISORS fee, whichever is greater, and irrespective of whether the claim sounds in breach of contract, tort, or otherwise.

10. ASSIGNMENT. Neither Party to this Agreement shall transfer, sublet, or assign any duties, rights under or interest in this Agreement without the prior written consent of the other Party.

11. NO WAIVER. Failure of either Party to enforce, at anytime, the provisions of this Agreement shall not constitute a waiver of such provisions or the right of either Party at any time to avail themselves of such remedies as either may have for any breach of such provisions.

12. GOVERNING LAW. The laws of the State of Michigan will govern the validity of this Agreement, its interpretation and performance.

13. INSTRUMENTS OF SERVICE. OHM ADVISORS shall retain ownership of all reports, drawings, plans, specifications, electronic data and files, and other documents (Documents) prepared by OHM ADVISORS as Instruments of Service. OHM ADVISORS shall retain all common law, statutory and other reserved rights, including, without limitation, all copyrights thereto. CLIENT, upon payment in full for OHM’s services, shall have an irrevocable license to use OHM’s Instruments of Service for or in conjunction with repairs, alterations or maintenance to the project involved but for no other purpose. CLIENT shall not reuse or make any modifications to the Documents without prior written authorization by OHM ADVISORS. In accepting and utilizing any Documents or other data on any electronic media provided by OHM ADVISORS, CLIENT agrees they will perform acceptance tests or procedures on the data within 30 days of receipt of the file.

14. CERTIFICATIONS. OHM ADVISORS shall have 14 days to review proposed language prior to the requested dates of execution.

OHM ADVISORS shall not be required to execute certificates to which it has a reasonable objection, or that would require knowledge, services, or responsibilities beyond the scope of this Agreement, nor shall any certificates be construed as a warranty or guarantee by OHM ADVISORS.

15. TERMINATION. Either Party may at any time terminate this

Agreement upon giving the other Party 7 calendar days prior written notice. CLIENT shall within 45 days of termination pay OHM ADVISORS for all services rendered and all costs incurred up to the date of termination in accordance with compensation provisions in this Agreement.

16. RIGHT TO SUSPEND SERVICES. In the event CLIENT fails to pay OHM ADVISORS the amount shown on any invoice within 45 days of the date of the invoice, OHM ADVISORS may, after giving 7 days’ notice to CLIENT, suspend its services until payment in full for all services and expenses is received.

Michigan Terms & Conditions Page 2 of 2 March 11, 2021

17. OPINIONS OF PROBABLE COST. OHM ADVISORS

preparation of Opinions of Probable Cost represents OHM ADVISORS’ best judgment as a design professional familiar with the industry. CLIENT recognizes that OHM ADVISORS has no control over costs of labor, equipment, materials, or a contractor’s pricing. OHM ADVISORS makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual cost.

18. JOB SITE SAFETY. Neither the professional activities of OHM

ADVISORS, nor the presence of OHM ADVISORS or our employees and subconsultants at a construction site shall relieve the Contractor or any other entity of their obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequences, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and the health or safety precautions required by any regulatory agency.

OHM ADVISORS has no authority to exercise any control over any construction contractor or any other entity or their employees in connection with their work or any health or safety precautions.

19. CONTRACTOR SUBMITTALS. If included in the services to be provided, OHM ADVISORS shall review the contractor’s submittals such as shop drawings, product data, and samples for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents issued by OHM ADVISORS. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the contractor’s responsibility. OHM ADVISORS review shall not constitute approval of safety precautions or, unless otherwise specifically stated by OHM ADVISORS, of any construction means, methods, techniques, sequences or procedures. OHM ADVISORS approval of a specific item shall not indicate approval of an assembly of which the item is a component.

20. CONSTRUCTION OBSERVATION. If requested, OHM

ADVISORS shall visit the project construction site to generally observe the construction work and answer questions that CLIENT may have. OHM ADVISORS shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the construction work, or to determine whether the construction work is being constructed in accordance with the Contract Documents.

21. HAZARDOUS MATERIALS. As used in this Agreement, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Both Parties acknowledge that OHM ADVISORS' Scope of Services does not include any services related to the presence of any hazardous or toxic materials. In the event OHM ADVISORS or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to OHM ADVISORS that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of OHM ADVISORS' services, OHM

ADVISORS may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until CLIENT retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations.

CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless OHM ADVISORS, its officers, partners, employees and subconsultants (collectively, OHM ADVISORS) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of OHM

ADVISORS.

22. WAIVER OF CONSEQUENTIAL DAMAGES. The Parties waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination of this Agreement.

23. WAIVER OF SUBROGATION. The Parties waive all rights against each other and any of their contractors, subcontractors, consultants, agents, and employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to a written contract or other property insurance applicable to the construction work.

24. THIRD PARTIES. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either CLIENT or OHM ADVISORS.

25. CODE REVIEW/ACCESSIBILITY. In providing its services under this Agreement, OHM ADVISORS may have to interpret federal and or state laws, codes, ordinances, regulations and/or statutes. CLIENT understands and agrees that these may be subject to different and possibly contradictory interpretations by relevant governmental officials charged with interpreting same and furthermore understands and agrees that OHM ADVISORS does not warrant or guarantee that their interpretation will be consistent with the interpretation of the relevant governmental officials. OHM ADVISORS shall not be liable for unreasonable or unforeseeable interpretation of federal and or state laws, codes, ordinances, regulations and/or statutes by governmental officials charged with interpreting same.

26. DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Parties agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation, unless the Parties mutually agree otherwise, as a prerequisite to further legal proceedings. The Parties agree to share the mediator’s fee and any filing fees equally, and the mediation shall be held in the place where the project is located, unless another location is mutually agreed upon.