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Dudek; 2010-04-14; PWENG721
EV Vv PWENG721 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR JOINT FIRST RESPONDERS TRAINING FACILITY PROJECT NO. 3686 (DUDEK) THIS AGREEMENT is made and entered into as of the / -~ day of ft p^jUi _ , 2010, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and DUDEK, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in construction management and inspection. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. 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. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed eight hundred fifty three thousand six hundred sixty six dollars ($853,660). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 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 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. City Attorney Approved Version #05.06.08 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 Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liability Insurance. $1.000,000 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. City Attorney Approved Version #05.06.08 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 General Liability. 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, 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 City Attorney Approved Version #05.06.08 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Title William Plummer Deputy City Engineer Department Engineering City of Carlsbad Address 1635 Faraday Avenue Carlsbad. CA 92008 Phone No. (760) 602-2768 For Contractor: Name Title George Litzinger Project Manager Dudek Address 605 Third Street Encinitas. CA 92024 Phone No. (760) 942-5147 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 City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #05.06.08 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services 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. City Attorney Approved Version #05.06.08 6 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 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 City Attorney Approved Version #05.06.08 7 14 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS 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 or 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. City Attorney Approved Version #05.06.08 8 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 California corporation ^sign here)Dudek Frank Dudek CARLSBAD, a/fWnicipal n of/fhe/6Hate efe&alifornia Mayor (print name/title) President ATTEST: (e-mail address) (print name/title) City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contfa'cloV^ 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: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of J On hXCU^T 2(^t2-^0c\ before me, 37 Date personally appeared rVYXlAK- •*-) J.SK 3H/f ?U.bh6Here insert Name and Titfe of the Officer Name|s7)of Signer(gj> \ J. SKfiNS Commtwton* 1730144 Public - CcHlfornio Son Dl«go County \ who proved to me on the basis of satisfactory evidence to be the person^ipwhose namedpis/^ir^) subscribed to the within instrument and acknowledged to me that f - ~x S^~^neyyexecuted the same in Ns/hemheh;) authorized capacity's)), and that by tas/bei/lfTeir/signature/shon the instrument the person{fP or the entity upon behalf of which the person(^pacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: A Document Date: MrC/VY^at YlQ\~ 12 1 -for"/ COtoStVu C H Number of Pages: Ql/lD ith (X±tlU Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) J-Signer's Name: D Individual Sf- Corporate Officer — Titlei^f: D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. Y~ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: I)A \/€ W • D Individual [Corporate Officer — Title(/): C r O D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Aye., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 n EXHIBIT "A" SCOPE OF WORK TASK I: PRECONSTRUCTION PHASE SERVICES Task I.I: Project Management Kickoff Meeting Once we have been selected, our construction management team will schedule a kickoff meeting with the City's project manager to outline project issues and discuss our roles. We will provide coordination and management at City request during the pre-bid and bidding phase including running the pre-bid meeting. The goals of this meeting will be two-fold. First, the sooner we can start conversing with the City about the project and obtain information, the better prepared we'll be when we are officially given the notice to proceed. Second, we would like to discuss the issues identified in this proposal to determine if any of them need to be addressed in the contract documents prior to bid. The tentative agenda for the meeting is as follows: • Discuss City's expectations of the Dudek team • Confirm project goals • Discuss and obtain current copies of all project documents (plans, specifications, soils reports, permits environmental documents, right-of-way (ROW) documents, agreements with other agencies) • Discuss project issues and potential solutions • Determine key milestone dates • Review lines of communication • Discuss preferences and format of the Construction Management Procedures Manual • Assign tasks and establish next step. Task 1.2: Design Review The construction management team will perform a thorough review of the specifications and plans prior to bid. We will provide a marked up set of plans accompanied with a comment sheet letter identifying constructability and potential claims issues as well as proposing solutions for these issues. Resolving these issues prior to bid normally produces lower and more competitive bids and minimizes disputes during construction. During review of the plans and specifications, we will use our experience and lessons learned from our previous projects. We have reviewed the plans, specifications, and soils report for this project and have identified issues we would want to discuss further to understand them and make sure these are not potential problems. We have also listed issues from past projects so they are on the radar screen to discuss upon completion of our review. Our review will focus on: • Conflicts between different disciplines (i.e., civil vs. plumbing, architectural vs. structural, mechanical vs. structural). • Utility Coordination - Have service orders been included in the bid package or do they still need to be completed? Service orders need to be included in the bid documents and is the typical cause of many delays and change orders. • Value Engineering Recommendations. • Verify the contract clearly addresses unsuitable soil material under structures. We suggest adding a provision as an allowance for removals, placement of clean fill or crush rock, and geofabric when unsuitable soil material is encountered. This is another typical item that is not addressed in most specifications resulting in delays and change orders. • Dimensional busts, check building and site utility dimensions and elevations for conflicts. • Quality of Work and Project Coordination specifications. • Scheduling and Liquidated Damage Specification Language. • Permitting requirements: verify the language that the contractor is responsible for any fees. • Shop testing and inspection requirements. Task 1.3: Preconstruction Conference Prior to the contractor's Notice to Proceed, the construction manager will meet jointly with the contractor, City project manager, and other involved entities as needed to outline to the contractor: contract administration guidelines, contractual roles and relationships and reinforcement of specific requirements for safety, security and access through various construction site. The construction manager will highlight the project concerns and contractual requirements. We will prepare the agenda, conduct meetings, and issue meeting minutes for the preconstruction meeting once the construction contract has been awarded. Our construction management team will meet jointly with the City's project manager, the contractor, and other agencies involved to outline to the contractor the contract administration guidelines, contractual roles and relationships, and reinforcement of specific requirements, on-site SWPPP, security, and access points to the construction site. The construction manager will highlight project concerns coordination requirements with utilities. Mobilization and staging requirements will be reviewed and discussed and contract interfacing with other contractors working on the site will be discussed for a complete understanding of the site usage, ROW issues, and City's Building Department role. The proposed inspection staff, reporting features required by the contractor, and contract administrative details will be addressed for complete job site familiarization. This meeting will set the tone for the project and is crucial that the contractor understands that we expect him to strictly comply with the contract documents, schedule constraints, and provide a high quality of work at all times. The goal is to ensure that the contractor understands that we are there to enforce the specifications, and that we will do it fairly and consistently. TASK 2: CONSTRUCTION SERVICES Dudek's role, on behalf of the City, will be to monitor construction progress, handle day-to-day project coordination with the contractor and utilities, be responsible for the overall quality assurance through DUDEK first Responders Training Facility Construction Management and Inspection 1 inspection, special inspection, in-plant inspection (if needed), and schedule geotechnical and material testing of the project. Our role also includes administrative duties as listed below. Task 2.1: Contract Administration/Management As discussed in our Project Approach, we will be responsible for aspects of contract compliance, quality assurance, and change orders/claims processing. Prior to mobilization of the contractor, Mr. Linsdau will negotiate a "schedule of values" for all components of the work with the contractor. Our detailed quantity take-offs will be the basis for negotiating the quantities. The contract documents require the contractor to submit a Primavera critical path method (CPM) construction schedule on a monthly basis; the contractor will be required to load the schedule of values and associated quantities into their construction schedule. As construction proceeds, the Dudek team will calculate a percent complete for each line item in the "schedule of values" based on quantity of work completed. This performance measurement or "earned value" analysis will be conducted during Dudek's review of the contractor's monthly progress payment application. When the schedule is updated, the value of the work accomplished will be calculated as an earned value (budgeted cost of the work performed). The contractor will be paid on this basis. Project Coordinator/Document Control The Dudek team will provide Project Coordinator/Document Control services for this project. The administrative staff person will be tasked with clerical functions such as receiving calls and visitors, filing, copying, and data entry such as keying-in letters from the contractor and daily inspectors' diaries into the document tracking system. The project coordinator will also prepare meeting minutes, log digital photos, process progress payments, prepare outgoing correspondence, log submittals, issue submittal registers and pending logs, prepare contract modifications, process noncompliance reports, prepare project progress reports for the City, and supply presentation materials to City staff. On-Site Manager/Inspector The on-site manager/inspector will be the key point of contact for the contractor's project manager and superintendent in the field during the course of the work. If work is non-conforming per the specifications, the on-site manager/inspector will issue a written Notice of Non-Compliance report for any work installed by the contractor that is not in compliance with the project plans and specifications. This will require a written response from the contractor and the issue will be tracked weekly until the issue is resolved to our satisfaction. No payment will be allowed on any non-conforming work items. Two critical phases for the success of this contract are the days from award to Notice to Proceed followed by the first 60 days of contract time from Notice-to-Proceed. Award to Notice to Proceed We will tackle the following issues in the first days of the contract to get the project off to a good start. Set-up logs. RFI, RFP, requests for change (RFC), correspondence, and procedures for tracking and reporting. We will set our files up according the City requirements. DUDEK first Responders Training Facility Construction Management and Inspection CPM Cost-Loaded Schedule. Within 30 days of Notice-of-Award, the contractor has to submit a 60-day Plan of Operation Bar Chart, Project Overview Bar Chart Plan, and Schedule of Values. Within 30 days of the Notice-to-Proceed, the contractor has to submit the initial CPM network schedule and computerized Schedule Report Tabulation and Schedule of Values. We will review and analyze each activity and the logic and determine if the work conforms to the contract requirements and if the work can be built to the contractor schedule. We will compare production rates and material rates. We will check to see if adequate time is devoted to construction activities. We will provide a written response to the contractor's schedule submittals. The construction manager also will develop a detailed job schedule to fully understand the contract work, and use this schedule to evaluate the contractor's cost loaded schedule. We plan to be ahead of the contractor with schedule analysis and this tool helps us understand what the contractor is trying to achieve with his schedule. Often times the contractor schedule is too broad and we will require sufficient work breakdown structure detail for the construction manager to evaluate each activity and cost. Task 2.2: Reports and Communications Our document tracking system consists of Excel spreadsheet logs used to track submittals, RFIs, monitor issues, contract modifications (change orders), catalog daily inspectors' reports, and generate and track non-compliance reports (NCRs). We will generate weekly progress meeting minutes to be issued to the City and contractor within two days after the meeting. The special inspection daily reports and testing results will be organized and submitted electronically to the City's Building Department as required. The project files will maintained according to City's filing system and turned over to City immediately following Notice of Completion. We will prepare and submit a monthly construction management report to the City no later than the fifth day of the following month. The report will describe project progress, schedule, change order management, quality assurance testing, and current project costs, both hard and soft costs. The report will detail current and future construction activities and issues. The report will also include a summary of the contractor's schedule and progress payment status, detail schedule conformance and cost projections. A comparison will be made between the planned and actual costs, which will be summarized in the monthly report. Project photos with descriptions will be included report documentation. Updated project tracking logs for submittals, RFIs, NCRs, and change orders will be included. Project critical action items will be listed with resolutions and suggested resolutions. The report will identify potential change order items that may arise. Task 2.3: Photo Documentation We will review the contractor's preconstruction videos and photos as well as prepare a separate, more complete set of our own. Mr. Honour will take date-stamped photos on a daily basis and catalog them into a digital library. In addition to photo documenting progress, changes/claims issues, on a weekly basis we will take a site photo from the same location for preconstruction through completion to provide a time lapse library of the project. All photos at the end of the project will cataloged and placed on a DVD provided to the City. Task 2.4: Construction Progress Meetings Mr. Linsdau will chair weekly meetings with representatives of the contractor, the City, and the architect (if needed) to discuss and resolve all project matters (e.g., progress, change issues, quality DUDEK First Resfionders Training Facility Construction Management and Inspection 4 assurance, actions requiring clarification of design, intent, utility coordination) and assess responsibilities for response to respective participants. Action item monitoring will be implemented to ensure compliance and timely response by all parties. Meetings will be documented and minutes distributed within two working days after the meeting to the City, contractor, and architect for a complete record of project transactions. Critical Action Item Report. A critical action item report will identify project issues and help resolve them quickly. The report will detail administrative, design, construction, environmental, and coordination issues that arise. Each action item will be assigned to project personnel with a target date to complete or resolve the item. The report will be updated at the weekly contractor progress meetings. Task 2.5: Shop Drawings and Submittal Reviews Failure of the contractor to provide critical material submittals is frequently the cause of delays, particularly on this project, since there will be several submittals which must be approved prior to the start of the work. Our team will generate a master submittal item list from the contract documents of submittals required from the contractor. This list will include due dates for each submittal and will be organized by specification section. The master submittal item list will be used to review the contractor's schedule of submittals and verify the receipt and acceptance of all submittals. We will provide this to the contractor at the preconstruction meeting. After we receive the contractor's baseline schedule, we will tie each submittal to the first activity on the CPM schedule, which is dependent on the approval of the submittal. This allows us to work with the contractor and design team to prioritize and manage the submittal process and minimize any delay to the project resulting from late submittal approval. Mr. Honour will review all submittals for general compliance with specifications prior to sending the architect or City. Submittals failing to meet the specification requirements will be returned to contractor for correction. Mr. Honour and Mr. Linsdau will be responsible for reviewing the General Provision and Division I submittals (i.e., project schedule, safety, schedule of values, quality control, surveying, etc.) Submittals will be logged regularly on an Excel spreadsheet documenting the specification section, reviewer, when it was returned, and approval status of the submittal. Task 2.6: Plans and Specifications Interpretation Many contractor's RFIs will be general in nature. Dudek will respond to these RFIs with clear verification or interpretation of the contract drawings and specifications. Technical RFIs will be sent to the architect for response. Dudek will ensure that the City's project manager approves any request for changes in design. It is our goal to answer all RFIs in a timely manner to avoid giving the contractor any excuse for delays. RFIs will be logged regularly on an Excel spreadsheet, which will include the reviewer, when the RFI was returned, the specification section and plan sheet related, and if the RFI issue resulted in a change order. Dudek currently maintains a extensive library on site with latest updated plans and specifications, current Greenbook, City Standards, UBC Building Codes, NFPA Regulations, etc. DUDEK first Responders Training Facility Construction Management and Inspection S Task 2.7: Construction Inspection Services Dudek will be responsible for the overall quality assurance of the project and will work with the City's Building Department and Fire Marshall who are responsible for code compliance on the project. Our approach to quality assurance is directed towards ensuring that the final product quality meets the requirements of the design drawings and specifications while at the same time meeting the City's expectations. The on-site manager/inspector will be on site daily during working hours and whenever work is performed outside of normal working hours. The special inspectors will be scheduled and managed by the on-site manager/inspector who will be on site in accordance with Building Department requirements. The on-site manager/inspector will be the key point-of-contact for the contractor's superintendent during the course of the work. The inspector will not direct the contractor's work but will facilitate the contractor's efforts to complete the work by anticipating issues that might affect the progress of the work. Quality Assurance Inspection Services. Mr. Honour will provide a majority of the site inspection to ensure compliance with the contract documents. Mr. Honour 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 on-site inspector will inspect the site daily, including site SWPPP, manage special inspectors, and coordinate with the City's geotechnical and material testing consultant, and will be responsible for the overall quality assurance of the project. Dudek will provide special inspectors for masonry and for structural steel welding. We will also provide a specialist for any major electrical as-needed throughout the course of the project. Mr. Honour will prepare daily reports at the end of each work shift documenting manpower, equipment, and summary of work activities. Mr. Honour will also be responsible for obtaining and reviewing the special inspection reports prior to submitting them to the Building Department. Mr. Honour will field- verify with the contractor all underground tie-in locations, building corners and dimensions, and elevations throughout the course of the project. Task 2.8: Progress Payments The Dudek team realizes the importance of an accurate, timely review and submission of the contractor progress payment redlines each month. Mr. Honour will meet with the contractor to discuss and verify the status of billable quantities/schedule of values, measure quantities, and verify the contractor's as- builts are up to date at the end of each month. He will prepare the monthly payment estimate submitted as redlines of the City's monthly progress payment form, which will include stop notice amounts, updating contract days elapsed, and approved change orders for the payment period. Updated schedule of values will also be submitted along with the redlines. Task 2.9: Contractor's Claims and Change Orders The goal of the Dudek team is to avoid claims and all unnecessary change orders and address change issues immediately in the City's best interest. Change Orders Dudek will have no authority to issue changes or modifications to the contract documents without City approval. Changes will be initiated by the City or requested by the contractor. Mr. Linsdau will track, document, provide cost estimates, negotiate changes for added costs or credits with the contractor, and evaluate schedule impacts of changes in addition to advising the City of equitable costs and time adjustments for proposed or authorized changes. Mr. Linsdau will complete, in a timely fashion, DUDEK First Responders Training Facility Construction Management and Inspection 6 all change orders for City review/approval. Mr. Honour will track and document all directed extra work on daily Time and Materials basis as well as any Contractor disputed work items on a daily basis. We will keep up-to-date, accurate, and separately numbered records of all changes and claims. Claims Management and Avoidance: Our approach to claims management focuses on claims avoidance during preconstruction and mitigation during construction. Claims avoidance techniques include a thorough constructability/design review (see Task 1.2) of the design and contract documents and identification and contract accommodation of potentially changed conditions, such as subsurface features and proper structuring of bid documents. Our team will also review the construction contract special provisions to ensure that adequate administrative controls are included. We will immediately respond to and notify the City of claims. Once we have reviewed and discussed the claim with the City, one of the following actions on the claim will be taken: rejected; tracked as disputed work depending; or incorporated in change order depending on the circumstance. Dudek will support the City with any means possible to resolve/defend claims, including serving as an expert witness. TASK 3: PROJECT CLOSEOUT We will prepare a detailed punch-list based on a joint walkthrough with the City. This punch-list will be compiled into a single list and transmitted to the contractor. We will make it clear to the Contractor that (I) the project is not complete until the punch list is complete, (2) that punch-list work is contract work to be completed within the specified contract time, and (3) when the City is ready to move in, the project is actually complete. Once we have verified the contractor has successfully completed every item on the punch-list, we will draft any final change orders, obtain all required lien waivers, guarantees, manuals, training materials, and spare parts for turnover to the City. Once all of the close out documents and change orders are executed, we will generate the final pay request. We will review and certify the contractor's as-built drawings cross-checked against Mr. Honour's set of as-built drawings. The finalized, clean set of record drawings will be submitted to City's project manager. DUDEK first Responders Training Facility Construction Management and Inspection 7 0/4 Schedule The Dudek team will be available to start work and staff the project on September 18, 2009, as stated in the RFP. Our proposed construction manager, Jason Linsdau, is currently working part time on two construction projects, which will be completed by October 2009. Mr. Linsdau will be available as proposed as the construction manager on a part-time basis for the duration of this project. The on-site manager/inspector, Eric Honour, is currently working part time on the Leucadia Wastewater District Administration Building, which will be completed in August 2009, and will be available on a full-time basis for this project. Both the certified welding inspector, Dave Coins, and certified masonry inspector, Dave Mitchell, will be available as required on the project. Based on our review of your project requirements, we are confident that we can dedicate the necessary personnel to staff your project as proposed. DUDEK First Responders Training Facility Construction Management and Inspection Hours The following is our estimated manpower and effort to complete the scope of work described in the RFP (Table 3). ESTIMATED MANPOWER AND EFFORT TABLE Staff Hours Task 1 : Preconstruction Phase Services September 2009 through January 2010 Task 1.1: Project Management Construction Manager On-Site Manager/Inspector Administration 60 60 10 Task 1.2: Design Review Construction Manager On-Site Manager/Inspector Mechanical Electrical 20 40 10 10 Task 1.3: Preconstruction Conference Construction Manager On-Site Manager/inspector Administration 4 2 4 Task 2: Construction Services (Based on AN 18-month construction schedule) January 201 0 through July 201 1 Task 2.1 : Contract Administration/Management Construction Manager Administration 900 100 Task 2.2: Reports and Communications Construction Manager On-Site Manager/Inspector Administration 400 20 300 Task 2.3: Photo Documentation On-Site Manager/Inspector 100 Task 2.4: Construction Progress Meetings Construction Manager On-Site Manager/Inspector Administration 160 160 200 Task 2.5: Shop Drawings and Submittal Reviews Construction Manager On-Site Manager/Inspector 40 100 Task 2.6: Plans and Specifications Interpretation On-Site Manager/Inspector 150 DUDEK First Responders Training Facility Construction Management and Inspection TABLE (CONTINUED) Staff Hours Task 2.7: Construction Inspection Services On-Site Manager/Inspector Special Inspector Masonry/Concrete Special Inspector Welding Electrical Inspector 2,500 700 200 80 Task 2.8: Progress Payments On-Site Manager/Inspector 40 Task 2.9: Contractor's Claims and Change Orders Project Principal Construction Manager On-Site Manager/Inspector 30 250 100 Task 3: Project CloseOut Construction Manager On-Site Manager/Inspector Administration 40 60 30 DUDEK first Responc/ers Training Facility Construction Management and Inspection 10 City of Carlsbad First Responders Training Facility Construction Management And Inspection Services Cost Proposal July 17, 2009 Task 1: Reconstruction Services I Hours Rate Cost Task 1 .1 Project Management Construction Manager On-Site Manager/Inspector Administration 60 60 10 $130 $120 $75 Subtotal $7,800 $7,200 $750 $15,750 Task 1 .2 Design Review Construction Manager (Site Civil/Specifications) On-Site Manager/Inspector (Architectural/Structrual/Plumbing) Mechanical Electrical 20 40 10 10 $130 $120 $120 $130 Subtotal $2,600 $4,800 $1,200 $1,300 $9,900 Task 1 .3 Preconstruction Conference Construction Manager On-Site Manager/Inspector Administration 4 2 4 $130 $120 $75 Subtotal Task 1 Total $520 $240 $300 $1,060 $26,710 Task 2: Construction Services (Based on an 18-month construction schedule) Hours Rate Cost Task 2.1 Contract Administration/Management Construction Manager Administration 900 100 $130 $75 Subtotal $117,000 $7.500 $124,500 Task 2.2 Reports and Communications Construction Manager On-Site Manager/Inspector Administration 400 20 300 $130 $120 $75 Subtotal $52,000 $2,400 $22.500 $76,900 Task 2.3 Photo Documentation On-Site Manager/Inspector 100 $120 Subtotal $12.000 $12,000 Task 2.4 Construction Progress Meetings Construction Manager On-Site Manager/Inspector Administration 160 160 200 $130 $120 $75 Subtotal $20,800 $19,200 $15.000 $55,000 Task 2.5 Shop Drawings and Submittal Reviews Construction Manager On-Site Manager/Inspector 40 100 $130 $120 Subtotal $5,200 $12.000 $17,200 Task 2.6 Plans and Specifications Interpretation Owner's Representative/Inspector 150 $120 Subtotal $18.000 $18,000 DUDEK City of Carlsbad First Responders Training Facility Construction Management And Inspection Services Cost Proposal July 17, 2009 Hours Rate Cost Task 2.7 Construction Inspection Services On-Site Manager/Inspector Special Inspector - Masonry/Concrete Special Inspector - Welding Electrical Inspector 2500 700 200 80 $120 $110 $110 $130 Subtotal $300,000 $77,000 $22,000 $10,400 $409,400 Task 2.8 Progress Payments Owner's Representative/Inspector 40 $120 Subtotal $4,800 $4,800 Task 2.9 Contractor's Claim and Change Orders Project Principal Construction Manager On-Site Manager/Inspector Direct Costs - Estimated at $800 per month for 18 months) 30 250 100 $160 $130 $120 Subtotal 18 $800 Task 2 Total $4,800 $32,500 $12,000 $49,300 $14,400 $781,500 Task 3: Project Closeout Construction Manager On-Site Manager/Inspector Administration Direct Costs - Estimated at $800 per month for 1 month) Hours 40 60 30 1 Rate $130 $120 $75 $800 Task 3 Total Contingency Cost $5,200 $7,200 $2,250 $800 $15,450 $30,000 Project Total $853,660 DUDEK