HomeMy WebLinkAbout2017-11-07; City Council; Resolution 2017-212RESOLUTION NO. 2017-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SCHNEIDERCM, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES
DURING THE DESIGN AND RECONSTRUCTION OF FIRE STATION 2, PROJECT
NO. 4060, FOR AN AMOUNT NOT TO EXCEED $391,500.
EXHIBIT 1
WHEREAS, the City Council placed Measure O on the November 2016 general election ballot by
adopting Resolution No. 2016-115, in compliance with Carlsbad Municipal Code section 1.24.030; and
WHEREAS, Measure O passed on Nov. 8, 2016, allowing City Council to appropriate up to $10.5
million from the General Fund balance for the design and reconstruction of Fire Station 2, Project No.
4060 (Project), located at the intersection of El Camino Real and Arena I Road; and
WHEREAS, the City Council has determined that adequate funding for this Project currently
exists within the General Capital Construction Fund balance; and
WHEREAS, the Department of Public Works solicited Requests for Proposals (RFPs) from
consultants for the services of a construction management consultant to evaluate the bridging
documents, site development constraints, design options and to manage the design-build
reconstruction of Fire Station 2; and
WHEREAS, staff received a total of four responses to the RFP and a qualifications-based
evaluation of the four consultant proposals was conducted by staff; and
WHEREAS, staff has identified SchneiderCM, Inc. as the most qualified consultant for the
Project; and
WHEREAS, staff and SchneiderCM, Inc. have negotiated the scope of work and the associated
fee in an amount not to exceed $391,500 to provide construction management consulting services for
the reconstruction of Fire Station 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute the Agreement with SchneiderCM,
Inc. to provide construction management services for Fire Station 2, Project No. 4060,
in an amount not to exceed $391,500, which is attached hereto as Attachment A.
November 7, 2017 Item #6 Page 4 of 17
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of November 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None. ~&4
CJ 1?,A · \jV)1Ja.fw\ Klll-111(,w-t7'._
BARBARA ENGLESON, City Clerk
(SEAL)
I ''I\~ ':~" ,,;,.
IJ;:; ,·-
November 7, 2017 Item #6 Page 5 of 17
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AGREEMENT FOR FIRE STATION 2 CONSTRUCTION MANAGEMENT SERVICES
SCHNEIDERCM, INC.
1 ] THIS AGREEMENT is made and entered into as of the 1>~ day of N()\)tj!l/'\'o ,,_r:i , 2ofl, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and SCHNEIDERCM, INC., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in
consulting services.
B. Contractor has the necessary experience in providing professional services and
advice related to consulting services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
based on time and materials, and will not exceed three hundred ninety-one thousan five hundred
dollars ($391,500). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. If the City elects to extend the
Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per
Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City
has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if
applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Attachment A
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Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from ari
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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Attachment A
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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Attachment A
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Steven Stewart
Title Municipal Projects Manager
Department Public Works
City of Carlsbad
Address 1635 Faraday Av
Carlsbad, CA 92008
Phone No. (760) 602-7543
For Contractor
Name Carl Schneider
Title Project Manager
Address 7 459 Circulo Sequoia
Carlsbad, CA 92009
Phone No. (619) 905-5522
Email carl.schneider@schneidercm.net
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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17. GENERAL COMPLIANCE WITH LAWS
Attachment A
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Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
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Attachment A
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employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
SCHNEIDERCM, INC., a California
corporation
By:
(sign here)
CN2L ScA--lt0~1De-'6(__ / (Ci~S/1)(?&.Sr.
(print name/title)
--~-~ ~~
(sign here)
C/W,,{_ t;c:{~ p,;:-e_ I OFO
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
\ Ir R' _J{/_;y(hAQ, I .111111~
Barbara Engleson, City Clerk~
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: ~tie.~~-----=----Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Fire Station 2 Construction Management Consultant Services
General
Attachment A
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The scope of the preconstruction and construction services requested of the Construction
Management Consultant (CMC) is listed below for the Fire Station 2 Reconstruction Project. In
preparation for this project, some project criteria have been developed by city staff in coordination
with representatives from the Fire Department.
1. PRECONSTRUCTION SERVICES
TASK 1.1 Programming I Bridging Document Development
Coordinate and meet with the city's Municipal Projects Manager and support staff during the
programming phase and advise the city during the preparation of the Request for Qualifications
(RFQ) for bridging consultant services and the selection of a bridging consultant. Coordinate and
meet with bridging consultant and city staff as necessary during the development of the bridging
documents.
TASK 1.2 Project Document Review
Review and provide comments on the project construction documents which will consist of the city's
Standard Public Works Contract, General Provisions, Supplemental Provisions, Technical
Specifications and Appendices, and the project bridging documents. Document review will be for
inconsistency and constructability. Appendices may include a soils report, SWQMP and SWPPP or
other environmental and engineering documents.
TASK 1.3 Opinion of Probable Cost
Review the estimate of probable construction cost prepared by bridging consultant based on the
conceptual and 20% design documents in order to identify any recommended refinements or
modifications that can be incorporated into the final bridging documents to ensure that the project can
be constructed within the established budget. The review shall take into consideration area and
quantity take-offs, labor and material costs, allowances for general conditions, city costs, and
contingencies. Prior to final approval of bridging documents, CMC will review the updated estimate
prepared by the bridging consultant following incorporation of all final changes recommended by CMC
and city staff.
TASK 1.4 Design Build Contractor Evaluation Phase
Provide pre-construction management and administration support services during the project
advertising phase which will include review of the RFQ and subsequent Request for Proposal (RFP)
for Design Build Contractors (Contractors). CMC will also coordinate pre-proposal site visits by
Contractors and participate in the evaluation of Contractor proposals.
TASK 1.5 Preconstruction Conference
CMC will chair the Preconstruction Conference with city staff and the selected Contractor and take a
lead role in discussing the overall project objectives, responsibilities of key personnel and agencies,
schedules, schedule of values, procedures for handling submittals, correspondence, utility relocations,
local agency permit requirements, requests for clarification, progress payments, change orders, and
other pertinent topics. Provide opportunities to have the Contractor's questions answered. See
paragraph 2.5.
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2. CONSTRUCTION SERVICES
TASK 2.1 Contract Administration/Management
The CMC shall be responsible for assisting the city's Municipal Projects Manager and support staff
with all aspects of contract compliance, change/claims processing, negotiations and contract
interpretation and enforcement.
The CMC shall oversee, perform, and coordinate work included within this scope of service, as
directed by the city. The CMC shall: prepare reports, letters and memoranda; attend meetings;
coordinate testing and specialty services; review daily testing/inspection notes and identify and report
nonconforming items; notify the city of significant problems and discrepancies; assist the city with
interpreting drawings, specifications and reference standards; monitor construction activities and
schedules; assist the city with resolving constructability problems; coordinate connections and
operations; review and notify the Contractor of test results; investigate claims; review the Contractor's
Record Drawings periodically and concurrently with Contractor progress payments; and prepare
project punch lists, etc.
TASK 2.2 Reports and Communications
All relevant project communications shall be documented and promptly distributed to the city and
applicable parties. All original project documents and final project reports shall be furnished to the city
within 60 days following filing of the Notice of Completion.
Weekly progress reports shall be prepared and submitted (electronically) to the city's Municipal
Projects Manager and shall include the following elements:
a) Summary of the prior week's main accomplishments and current construction activities.
Include an evaluation of previous week's report of expected task completion vs. actual.
b) Overall Contractor's conformance to contract schedule and quality requirements. This will
include a schedule comparison showing all new tasks, deleted tasks, changed tasks and
duration changes. Working with the contractor, prepare weekly Planned Percent Complete
(PPC) calculations of all planned activities.
c) Identification of problems, action items and issues with recommended solutions.
d) Summary of progress payments, change orders, disputes, submittals, RFl's, and Notices of
Noncompliance.
e) Photographs of representative project activities printed and electronically stored.
f) Provide list of deviation activities and any corrections taken/planned.
TASK 2.3 Photo Documentation
Take and share construction documentation photographs on a regular basis. Maintain a digital
photographic library of all significant construction activities. Provide unique file names for photos with
date and location information included. Take additional photographs to document differing site
conditions, change order and claim items, and any special or unique conditions as they arise.
Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be
linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos
linked to their location is to be provided weekly. Photos shall be uploaded to the approved
project document management site regularly.
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TASK 2.4 Construction Progress Meetings
Schedule and attend weekly construction progress meetings with the Contractor and city staff. Discuss
the schedule, near-term activities, clarifications and problems which need resolution, coordination with
other contractors, status of change orders, safety issues, etc.
TASK 2.5 Shop Drawings and Submittal Reviews
Submittal review and approval are the responsibility of the Contractor's Designer of Record; however,
copies will be provided to the CMC and city. The CMC shall be responsible for processing and
monitoring the status of all submittals. The CMC shall provide a detailed review of the Contractor's
submittals for coordination upon receipt. Review of the Contractor's construction schedule and weekly
updates shall be the sole responsibility of the CMC with input provided from the city.
Exception reports. that identify outstanding subm1ttals or reviews needed, shall be prepared monthly
by the CMC. Preliminary lists of initial submiV:al requirements shall be prepared by the CMC and
issued at the Preconstruction Conference.
TASK 2.6 Construction Services
The CMC will be responsible for project oversight and will work with city staff responsible for code
compliance. The CMC will prepare daily reports of the construction activities including weather
conditions, Contractor's equipment and manpower, work performed, materials used, site visitors,
delays in work and reasons for the delays, and deficiencies. Perform observations at the job site as
required to review materials and workmanship, and discuss with the contractor appropriate revisions
to the methods and procedures used in performing the work. The CMC may not authorize extra work
or approve of work that deviates from the contract documents
The CMC will coordinate material deliveries, inspect materials as they arrive on site, and verify that all
materials and equipment meet contract requirements and are properly stored. The CMC will walk the
site daily, review any site SWPPP issues and coordinate with any material testing consultants.
TASK 2.7 Progress Payments
The CMC will review and submit all invoices to the city's Municipal Projects Manager with a
recommendation for the proper amount for payment using the schedule of values and actual quantities
of installed work as a basis for evaluating payment requests. The city will provide a format for monthly
progress payments.
TASK 2.8 Contractor's Claims and Change Orders
In the event of a claim or change order request, CMC will assist the city's Municipal Projects Manager
in negotiating all claims to an agreed upon r.ontractor/CMC/city conclusion. Prepare a report providing
statement of claim, e;dra work, or change; background ;eading to issue; resolution alternatives; and
resolution recommendation for action by the city.
Provide the lead role and support tc the city in resolving claims and disputes. This may include: written
responses to Contractors and private parties, giving depositions, assisting with arbitration and
litigation, serving as an expert witness, investigating claims for damages by private sources or design
services for replacement of damaged work, and services made necessary by contractor default.
(Total not to exceed $391,500)
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EXHIBIT "A"
TABLE 1 FEE ALLOTMENT
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Fire Station 2 Construction Management Services
TASK GROUP TIME & MATERIALS
(NTE) FEE
Construction support services
• PreConstruction; Sr. Construction Manager; 300 hrs@ $145/hr $43,500
• Construction; Sr. Construction Manager; 1,700 hrs@ $145/hr $246,500
Project Closeout; Sr. Construction Manager; 700 hrs@ $145/hr $101,500
TOTAL (Not-to-Exceed) $391,500.00
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