HomeMy WebLinkAbout2018-03-13; City Council; Resolution 2018-034RESOLUTION NO. 2018-034
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
FOR THE AVIARA COMMUNITY PARK PHASE II AND POINSETTIA
COMMUNITY PARK PHASE Ill PROJECTS, PROJECT NOS. 4604 AND 4605, FOR
AN AMOUNT NOT TO EXCEED $279,670.
EXHIBIT 1
WHEREAS, the City Council has determined that adequate funding for the Agreement currently
exists within the project budgets for the Aviara Community Park Phase II and Poinsettia Community
Park Phase Ill Projects, Project Nos. 4604 and 4605 (Projects); and
WHEREAS, the Department of Public Works solicited Requests for Proposals (RFPs) from
consultants for construction management services for the Projects; and
WHEREAS, staff received a total of five responses to the RFP and completed a qualifications-
based evaluation of the proposals; and
WHEREAS, staff identified SchneiderCM, Inc. as the best value consultant for the Projects; and
WHEREAS, staff and SchneiderCM, Inc. negotiated the scope of work and the associated fee in
an amount not to exceed $279,670 to provide construction management consulting services for the
Projects.
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 the Aviara Community Park Phase
II and Poinsettia Community Park Phase Ill Projects, Project Nos. 4604 and 4605,
respectively, in an amount not to exceed $279,670, which is attached hereto as
Attachment A.
March 13, 2018 Item #3 Page 4 of 16
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of March, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
March 13, 2018 Item #3 Page 5 of 16
TRAN1676
AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
SCHNEIDERCM, INC.
THIS AGREEMENT is made and entered into as of the \ ::S-'c-:1\1\'.<W"'Qo. , 2018, by and between the CITY OF CARLSBAD,
corporation, ("City"), and SchneiderCM, Inc., a California corporation ("Contractor").
RECITALS
day of
a municipal
A. City requires the professional services of a consultant that is experienced in
construction management and inspection services.
B. Contractor has the necessary experience in providing professional services and advice
related to construction management and inspection.
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 eighteen (18) months from the date first
above written. The City Manager may amend the Agreement to extend it for one additional one-year
period 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 an
amount not to exceed two hundred seventy nine thousand six hundred seventy dollars ($279,670.00).
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 fifty thousand dollars ($50,000) 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
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 ~ill 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 an 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 in the latest Best's Key Rating Guide of
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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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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 Steve Didier
Title Project Manager
Department Public Works
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-7539
For Contractor
Name Carl Schneider
Title CEO
Address 7459 Circulo Sequoia
Carlsbad, CA 92009
Phone No. 619-905-5522
Email Carl. sch neider@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.
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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 categories.
Yes 0 No D
17. GENERAL COMPLIANCE WITH LAWS
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 Agreem'ent. 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
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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 employee, any fee,
commission, 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.
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.
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CONTRACTOR
Schneider CM, Inc. a California
Corporation
By:
(sign here)
CML C::C~Pc/2 /ftfe,,a,~·,
(print name/title)'
(sign here)
c/tlZL :>:;H0b?Dc:-«-/cpo
(print name/title )1
TRAN1676
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~
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:--"-~'----", ~~ ...... ~~-"'-'-----
Deputy City Attorney
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EXHIBIT A"
SCOPE OF SERVICES
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR AVIARA COMMUNITY
PARK PHASE II & POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS
TASK 1 PRECONSTRUCTION SERVICES
TASK 1.1 Project Management
Coordinate and meet with the City's Municipal Projects Manager prior to bidding of the project. Initiate
project activities and provide general project oversight.
Consultant (CM) will provide and use project management software to track project documents,
communications and correspondence with all required city documents and procedures. Provide
examples of all City provided forms that the CM and Contractor will be required to use to transmit and
formalize all Requests for Information (RFI), clarifications, change orders, submittals, substitution
requests, concrete pour notifications, and other official project documents. Develop points of contact
with all team members (project directory). Prepare a list of all standard forms, documents and reports
and develop distribution lists and logs for each of the listed document types. The CM firm will retain
all project documents for a period of three years after conclusion of the project.
TASK 1.2 Preconstruction Conference
Notify appropriate parties, schedule and conduct the Preconstruction Conference with City Staff,
Architect and the Contractor. The meetings shall cover the overall project objectives, responsibilities
of key personnel and agencies, schedules, schedule of values (bid breakdown), 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.
TASK2 CONSTRUCTION SERVICES
TASK 2.1 Contract Administration/Management
The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects of
public works contract compliance, change/claims processing, negotiations, and interpretation and
enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic
office equipment shall be provided by the Contractor in accordance with the specifications.
The CM shall oversee, perform, and coordinate work included in the scope of services, as directed by
the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; prepare meeting
agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated
certificates from the Contractor; 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; perform inspections; prepare change orders
(including cost estimating services); review and notify the Contractor of test results; investigate claims;
review the Contractor's Record Drawings periodically and concurrently with Contractor progress
payments; and prepqre project punch lists, etc.
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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.
Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other
submittals, logs of requests for information, change orders, progress payment requests, progress
meeting reports, testing/inspection reports, dates of utility service interruptions, and all other project
correspondence.
Monthly 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 month's main accomplishments and current construction activities.
Include an evaluation of last month's report of expected task completion to actual.
b) Overall Contractor's conformance to contract schedule and quality requirements.
c) Identification of key problems, action items, and issues, including recommendations for
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.
TASK 2.3 Photo Documentation
Review the Contractor's videotape of preconstruction site conditions prior to any construction
operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads
to document and clearly depict pre-existing conditions. Prepare additional videotape and/or
photographs to document site conditions as required to supplement the Contractor's videotape.
Take and share construction documentation photographs on a regular basis. Maintain a digital
photographic library of all significant construction activities avaialble for review on at least a weekly
basis via project management software. 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.
TASK 2.4 Construction Progress Meetings
Schedule and conduct weekly construction progress meetings with the Architect, Contractor and the
City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and
problems which need resolution, coordination with other Contractors, status of change orders, safety
issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the
minutes to the attendees within two working days. Include minutes in the monthly progress reports.
TASK 2.5 Shop Drawings and Submittal Reviews
Submittal review and approval are the responsibility of the project architect, the City's park planner,
and the City's project manager. The CM shall be responsible for processing and monitoring the status
of all submittals. The CM shall provide a detailed review of the Contractor's submittals for coordination
after receipt from the architect. Submittals of a general nature (General Provisions & Division 1
Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction
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schedule and monthly updates shall be the sole responsibility of the CM with input provided from the
architect and City.
CM will log, track, and monitor the architect's role regarding the review of shop drawings, calculations,
data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals
that significantly do not meet the specified requirements or design intent shall be returned to the
Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding
submittals or reviews needed, shall be prepared periodically by the CM. Preliminary lists of initial
submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference.
TASK 2.6 Plans and Specifications Interpretation
The CM shall review and respond to Contractor RFls (requests for information) if of a general nature.
Technical RFls shall be submitted to the project architect for response. The CM shall maintain a log
of RFls and provide written clarification to the Contractor in a timely manner. Responses to requests
for changes to the design require prior,approval from the City's project manager and the architect.
Obtain and maintain specification referenced standards including: local and regional specifications,
codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal
agencies, standard drawings and specifications of the local agencies, and related documents, as
referenced in the contract documents and as required to perform the work.
TASK 2.7 Construction Services
Consultant will be responsible for the overall quality assurance of the project and work with City staff
responsible for code compliance. Consultant will ensure that the Contractor's work is in compliance
with the contract documents. Prepare daily reports of the construction activities including weather
conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, note
delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and
non-conformance to specifications and provide a timely response.
Perform technical inspection at the job site as required of materials and workmanship, and discuss
with the Contractor appropriate revisions to the methods and procedures used in performing the work.
The Consultant may not authorize extra work or approve of work that deviates from the contract
documents.
Consultant 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 Consultant will
inspect the site daily, including any site SWPPP, manage special inspectors, and coordinate with any
geotechnical and material testing consultants, and will be responsible for the overall quality assurance
of the project.
Regarding special inspections (e.g., masonry, structural steel, geotechnical, materials testing),
Consultant will contact city contracted special inspection consultant to coordinate inspection work,
coordinate site access for special inspectors and monitor their work. Consultant will be responsible to
advise the Contractor, architect and city regarding the work and the findings of special inspectors.
Consultant will ensure that the inspectors do not authorize extra work or approve of work that deviates
from the contract documents.
TASK 2.8 Progress Payments
Prepare project-related invoices and progress payments. Submit all invoices to the City's Municipal
Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule
of Values and actual quantities as a basis to prepare payment requests. The City will provide a format
for monthly progress payments.
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TASK 2.9 Contractor's Claims and Change Orders
In accordance with the City's Standard Public Works Contract and Supplemental Provisions, identify,
prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change
orders. Assist the City's Municipal Projects Manager with negotiating all claims to an agreed upon
Contractor/Consultant/City conclusion. Submit change orders to the City for approval. Prepare a
report providing statement of claim, extra work, or change; background leading to issue; resolution
alternatives; and resolution recommendation for action by the City. Prepare written justification and
independent cost estimates for each change order and negotiate costs with the Contractor. Prepare
claims, extra work, and change orders that require design modifications or clarifications, including
revisions to the drawings, details, and specifications. Assist the City's Municipal Projects Manager
with resolving claims, extra work, and change orders for changes to the work and obtain City approval.
Provide the lead role and support to the City in resolving claims and disputes. This shall 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, design
services for replacement of damaged work, and services made necessary by Contractor default.
TASK3 PROJECT CLOSEOUT
Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies,
schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the city.
Verify work, testing, cleanup and demobilization is complete. Check and submit final payment
requests, two working days after final walk-through. Review and certify that the Contractor's project
record drawings are complete and accurate prior to final billing and final punch list sign off.
CONSULTANT TEAM AND FEES
Name Title Fee
Carl Schneider, CCM Principal in Charqe Continual oversiqht at no charqe
Robert Polley, CCM Senior Construction Manager $145/hour for estimated 1806 hours
Availability
25% during bid and preconstruction
75% during construction
25% during project close out
Lindsay Bogers Construction Manager $145/hour for as needed field back up
(back up support)
Procore software subscription for duration of project and closeout including final as-built drawing
coordination. $8,900/year for two years: $17,800. First year subscription due upon execution of
Agreement; second year subscription due upon anniversary of subscription.
City Attorney Approved Version 9/27/17
11 March 13, 2018 Item #3 Page 16 of 16