HomeMy WebLinkAbout2002-09-24; City Council; 16900; Construction Mgmt Services for Aviara Comm ParkMTG. 9-24-02 CONSTRUCTION MANAGEMENT SERVICES
FOR AVIARA COMMUNITY PARK 1 RECOMMENDED ACTION :
It is recommended the City Council ADOPT RESOLUTION NO. 2002-282 approving
three (3) agreements to provide construction management and related architectural construction
phase services for Aviara Community Park, City Project No. 36991. I ITEM EXPLANATION :
On August 13, 2002, the City Council adopted Resolution No. 2002-244 approving the plans and
specifications and authorizing the advertisement of bids for the construction of Aviara Community
Park, City Project No. 36991. The project is currently out to bid with receipt and opening of bids
scheduled for mid-October.
Attached for the City Council’s review and approval are three (3) consulting agreements to
provide: (a) construction phase building architecture services from NTD Architects, Incorporated,
(b) construction phase civil engineering and landscape architecture services from P & D
Consultants, Incorporated, and (c) construction management services from B & G Consultants,
Incorporated to the City for the Aviara Community Park project.
Regarding both the proposed building architecture and landscape architecture I civil engineering
services ((a) and (b) above), it is customary during the construction phase for the design team
architects and engineers to work closely with the City’s construction managers and inspectors.
This is particularly important on a project of the size and complexity as Aviara Community Park in
which multiple construction trades will be involved. The design team architects and engineers
will, therefore, provide the following needed services to the City:
- Respond to all questions and clarifications during the bid period; - Prepare the bid addendum along with any revisions to drawings or specifications; - Participate in the Pre-Construction meeting; - Evaluate and respond to all project submittals; - Prepare all Architect Supplemental Instructions (“ASls”) and Project Memorandum; - Prepare all responses to Requests for Information (“RFls”); - Review Contractor’s Monthly Progress Payments; - Review Contractor’s Change Order Requests; - Conduct on-site inspections for conformance with design detail; - Prepare design detail for Owner requested changes; - Provide quality control review of site and building finishes; - Coordinate work of subconsultants; - Prepare Preliminary and Final Punch Lists; - Participate in project close-out and as-built drawing review; - Provide all Design Team support to the Construction Manager.
Because of the need for full-time, onsite construction management of this large project, staff
recommends retaining the services of consulting construction managers who will act as the City’s
'age 2 of Agenda Bill No. 16,900
authorized representatives during the construction of the project. The following services will be
lrovided to the City by the construction managers:
Provide all technical and managerial staff assistance to the City during construction;
Organize, schedule, attend, and record all program related meetings;
Generate and distribute management information reports;
Establish and maintain records, design data, drawings, and project correspondence;
Develop a management information system ("MIS") as the communication framework;
Establish a cost control model, including monitoring and control procedures;
Prepare, monitor, and maintain a master program schedule;
Prepare a master construction schedule including critical milestone schedule;
Monitor, assess, and expedite City's acquisition of construction phase permits;
Organize and record the Pre-Construction Meeting;
Provide all onsite project management with emphasis on contract administration;
Monitor all construction activities and ensure the project is in plan compliance;
Conduct weekly progress meetings and record and distribute minutes;
Receive, review, disseminate, and coordinate all RFl's, ASl's, submittals, shop drawings;
Evaluate and monitor the contractor's construction schedule;
Prepare daily progress reports of all construction activities;
Provide photographic documentation of project site and all construction activities;
Coordinate and manage other special inspection personnel as may be retained by City;
Evaluate and monitor contractor's safety program;
Process all monthly progress payments and related forms and requirements;
Implement systems for processing, evaluating, and recording all change orders;
Coordinate project close-out and provide all project records to City;
Provide all onsite representation on behalf of the City during construction phase.
I respect to the requirements of CMC Section 3.28.150, all three (3) of the proposed
:onsulting firms have already been previously retained by the City via the standard City
)rofessional services process and have worked on pre-construction activities for this project.
qTD Architects has designed all of the building structures to be constructed within the park. P &
1 Consultants has designed all of the grading, drainage, utilities, and extensive landscape
irchitecture park components. B & G Consultants has provided an exhaustive quality control
.eview of the project's sizeable drawing and specification package and has provided invaluable
'inal design input. These three (3) consulting firms already have established knowledge, design
?xpertise, and professional relationships with each other and the City on the Aviara Park Project.
Soliciting other professional services proposals for this project would not be advantageous to the
2ty nor produce different results in the selection of these needed construction phase services.
The Purchasing Officer has reviewed the matter and approved the recommended "sole source"
lrocurement of these professional services. Therefore, staff recommends the City Council adopt
,he findings contained within the companion resolution and waive the requirements of CMC
Section 3.28.1 50 for this project.
Nork under all three (3) of these agreements will begin immediately since the Aviara Park Project
s currently out to bid and will continue through completion of construction and occupation of the
,ark facility by the City.
2-
Page 3 of Agenda Bill N0.16~900
FISCAL IMPACT:
The City Council has appropriated a total of $1 1,997,890 for the design and construction of
Aviara Community Park within the FY 2002 - 2003 Capital Improvement Budget. The
construction estimate for the project is approximately $10,000,000. The following is the
breakdown of costs for the three (3) construction phase services contracts:
NTD Architects, Inc. Building architecture $ 93,966
P & D Consultants, Inc. Civil engineering & landscape architecture $ 82,460
B & G Consultants, Inc. Construction rnanaaernent $489.880
Total Cost for Services: $666,306
Costs for the required construction phase architecture and construction management services
are available within the existing project budget without requiring additional appropriations at this
time.
Staff recommends approval of the three (3) professional services agreements.
EXHIBITS:
1. Resolution No. zoo2-282approving three (3) agreements for Aviara Community Park.
2. Agreement with NTD Architects, Incorporated.
3. Agreement with P & D Consultants, Incorporated.
4. Agreement with B & G Consultants, Incorporated.
3
1
1
L
<
t
I
E
s
IC
11
12
13
14
I5
16
17
18
19
20
21
22
23
24
25
26
21
28
RESOLUTION NO. 2002-282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING THREE (3)
AGREEMENTS REGARDING AVIARA COMMUNITY
PARK
WHEREAS, the City Council of the City of Carlsbad, California, has previousll
appropriated funds for the design and construction of Aviara Community Park, Cit,
Project Number 36991, hereafter referred to as the “Project;” and
WHEREAS, the City Council has previously approved the plans anc
specifications for the Project and has authorized the advertisement of construction bids;
and
WHEREAS, three (3) different private firms have previously provided
professional services under contract to the City by completing the design of the Project;
and
WHEREAS, there is a need for additional and ongoing professional services
during the construction of the Project; and
WHEREAS, professional service agreements have been prepared which include
respective scopes of work and fee schedules to provide needed services to the City
during construction of the Project; and
WHEREAS, the City Council hereby finds it necessary, desirable, and in the
public interest to proceed with the approval of the aforementioned professional services
agreements to provide needed construction phase services to the City.
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 City Council does hereby find it necessary, desirable, and in the public
interest of the City of Carlsbad to waive the requirements of CMC Section
3.28.150 and approve three (3) professional service agreements with NTD
1
2
3
4
5
6
I
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
. ..
Architects, Incorporated, P & D Consultants, Incorporated, and B & C
Consultants, Incorporated, respectively, to provide ongoing services to the Cit)
during the construction of the Project.
3. That the Mayor is authorized to execute the aforementioned three (3;
agreements on behalf of the City. Following the Mayor’s signature of said
agreements, the City Clerk is directed to forward copies of this resolution and the
signed agreements to the Recreation Department and the Public Works,
Department, Construction Inspection Division, for their records.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 24th day of SEPTEMBER , 2002 by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall
NOES: None
Kulchin, Nygaard
ATTEST:
J 977, mPt.
M. WOOD, City Clerk
-2-
(SEAL)
EXHIBIT 2
AGREEMENT FOR ARCHITECTURAL CONSTRUCTION
ADMINISTRATION SERVICES FOR AVIARA COMMUNITY PARK:
NTD ARCHITECTS, INCORPORATED
THIS AGREEMENT is made and entered into as of the 2 7 714 day of
corporation, ("C,ity"), and NTD ARCHITECTS, INCORPORATED, a California
corporation, ("Contractor").
&?7&4B& , 2002, by and between the CITY OF CARLSBAD, a municipal
RECITALS
A. City requires the professional services of an experienced architectural firm
in construction administration services.
B. Contractor has the necessary experience in providing professional
services and advice required of City for the construction phase of the Aviara Community
Park, Project No. 36991, hereafter referred to as the "Project.".
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 two (2)
additional one (1) year periods or parts thereof in an amount not to exceed thirty-
thousand dollars ($30,000) 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.
1
City Attorney Approved Version #04.01.02
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 ninety-three thousand, nine hundred sixty-six dollars ($93,966). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. 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.
2
City Attorney Approved Version #04.01.02
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 in whole or in part by any willful misconduct or negligent act or omission 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.
IO. 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-:V".
10.1 Coveraqes 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.
3
City Attorney Approved Version #04.01.02
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000.000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance 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
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
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 Providinq 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 Coveraqe. 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.
4
City Attorney Approved Version #04.01.02
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 notices or to receive written .'
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Name: C. Hammann
Title: Deputy City Engineer
Name: Richard E. Nowicki, AIA
Title: Principal
Department: PW - Inspection Address: 4719 Viewridge Avenue, Suite
City of Carlsbad 200, San Diego. CA 92123
Address: 5950 El Camino Real, Phone No.: 858-277-51 15
Carlsbad, CA 92008
Phone No.: 760-602-6780
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,
5
City Attorney Approved Version #04.01.02
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.
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.
6
City Attorney Approved Version #04.01.02
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 sea, 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
7
City Attorney Approved Version #04.01.02
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.
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 authoritymontractor to the terms and conditions of this Agreement.
rl
7 City Clerk
8
City Attorney Approved Version #04.01.02
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a CorDoration, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group 0.
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@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: A Deputy City Attorney
NTD EXHIBIT A
August 22.2002
Mr. John Cahlll
Municipal ProJects Manager
CITY OF CARLSBAD
1200 Carlsbad Village Drlve
Carisbad. CA 92008
RE: Avlara Community Center
NTD Project Number: 2000-0247-01
Subject: Proposal for Service -REVISED
Dear John:
On behalf of NTD Architects. I am pleased to provide you wlth this proposal for contlnued
the Construction Administration services the slte electrlcal work of ILAIZammit. ILAnammit is
archilectural service* for the referenced project. At the City's request, we are includlng within
requesting an increase in their original foe for Construction Adminlstratlon besed on the final
without additional mark-up. The addition of IlAlZarnrnlt is reflected on the Scope of Services scope of work as deslgned. We do not see the increase as unreasonable and include it
worksheet attached. We are also including a copy of IWZammil's proposal to PBD
Consultants and their request for me fee increase for Construcllon Administration. Our
understanding of the project and proposed scope and terms. therefore. are as foliows:
PROJECT SCOPE
Phase two of lhe project is understood to be the blddlng and construction administration phases of the Aviare Community Center project. The documents are considend complete
and plancheck and owner directed comments are understood to be incorporated Into the set
by prior contract.
SCOPE OF SERVICES
BhJcj@ and Construction Administration
The services include:
Assist City with advertisement & publlc bidding process
1 Attend pre-bid conference (if required), Issua addenda, dlstribute
9 Provide c~nstruction admlnistration services
. Attend pre-construction conference
Attend Job-site meetings as required - Prepare preliminary punch-list for Architecture1 work. Prepere document clerifications. change requests. change orders. etc.
COnStructiOn Administration tees for Sub-coqsultants contracted directly to
documents. attend bid opening and recommend award of contract
A6sist City with project close-out procedures
NTD
NTD
" Exclusions
City of Carlsbad to provide soiis and seismicity report for conslruction admlnistralion . City of Carisbad to reimburse NTD for costs incurred for reproduction of
Additional servlces requested by City of Carlsbad of NTDs consulllng
purposes.
documents for agency approval$. blddlng, and construction at cost X 1,15.
engineers will be reimbursed to NTD at cost x 1.15.
FEE PROPOSAL
Reference attached Architectural Construction Administratian. Scope of Service%
ADDITIONAL SERVICES
of servlces required, our fees may be negotiated or our services may be prwlded on the basis
For extra services or speclal project8 where it is dlfflcult to establish in advance a definitive list
of the foilowlng hourly rates of compensation for each classlflcalion of employee:
. . ...
. ..
Drafts erson", .. .
* Plus 1.20 mulliplied by the amount billed the Archltectfor services of professional consultants - Relmbursable expenses at cost plus 15%.
The above rates are subJect to adjustment8 annualty.
Should this meet with your epproval. please sign and return one copy of this proposal to our
office for our files. Should you have any further questions please do not hesitate to call.
On behalf of the City of Csrlsbad
.. - Slgnature Principal
RENlmsb
Attachments
Printed Name and Titie
Date:
3 Conanuctlon Adminlstdlon Satvlcw
(Including lob-clts meatlngs and dcoumwni praparatlon psr scwe ol
le 6 120 s 12.ooo.oo
30 I 4,650.00
36 $ 4.500.W
4 Prallmlnuy Punch List
P"nclpsl
PWOCI Armltect 1 3s 300.00 Spaclllcalhm WrlIar 5 Dralbperrwn clarlcal 4
s 5
Gub-totll
200.00 s 500.00
2
4 35 S 3,500.00
46 620.00
45 500.00
Clerlcal
35 S 2,450.00 60 $ 3.0W.W
5ub-10bl $ 10,070.00
6 Sub-Consultonla
Glruclural
Mochmrisal! PlumbhQ Elecfdcar
6
6
6
5 11.048.00 I 7.560.00 3 7.360.(10
Interlor8 Slk Eleclrlfsl
Sub-Iota1
4 4 $ 7:200.0
S a,400.00 s 37.IllLDO
EXHIBIT 3
AGREEMENT FOR CONSTRUCTION PHASE LANDSCAPE
ARCHITECTURE AND CIVIL ENGINEERING SERVICES WITH
P & D CONSULTANTS FOR AVIARA COMMUNITY PARK
sk@7-&MXH THIS AGREEMENT is made and entered into as of the 6?77T/l day of
, 2002, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and P & D CONSULTANTS, INCORPORATED, ("Contractor").
RECITALS
A. City requires the professional services of a landscape architecture and
civil engineering firm that is experienced in construction phase services of public
construction projects.
B. Contractor has the necessary experience in providing professional
services and advice related to the required said services.
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 two (2)
additional one (1) year periods or parts thereof in an amount not to exceed thirty
thousand dollars ($30,000) 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.
1
City Attorney Approved Version #04.01.02
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be eighty-two thousand four hundred sixty dollars ($82,460). No other compensation
for the Services will be allowed except for items covered by subsequent amendments to
this Agreement. 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.
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
2
City Attorney Approved Version #04.01.02
caused in whole or in part by any willful misconduct or negligent act or omission 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.
IO. 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-:V".
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless Clty 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.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
3
City Attorney Approved Version #04.01.02
10.1.4 Professional LiabiIitE 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
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
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 Providinq 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 Coveraae. 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.
4
City Attorney Approved Version #04.01.02
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 notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name C. Hammann Name Charles Moore
Title Deputy City Engineer Title Vice President
Department PW - Inspection Address 8954 Rio San Diego Drive,
City of Carlsbad Suite 610, San Diego, California 92108
Address 5950 El Camino Real Phone No. 619-291-1476
Carlsbad, California 92008
Phone No. 760-602-6780
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,
5
City Attorney Approved Version #04.01.02
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.
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 (IO) 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.
6
City Attorney Approved Version #04.01.02
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
7
City Attorney Approved Version #04.01.02
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.
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
*By: /,.,Adkd ,ALL h
(sign here)
/..I
(print namehitle) ATTEST:
City Clerk
a City Attorney Approved Version #04.01.02
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 ofker(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
EXHIBIT A
EXHIBIT “A”
AVIARA PARK
SCOPE OF SERVICES
I. CIVIL ENGINEERING
Task 1 -Bidding and Requests for Information (RFIs)
The scope and fees for this task are included in P&D’s original design services contract with the
City and indicated in Part 6.1 per City Purchase Order No. P109955.
Task 2 - Preconstruction Meeting
2.1 Preconstruction Meeting
Prepare for and attend preconstruction meeting and provide technical support
2.2 Site Visit Procedures
Coordinate and define site visit protocol and procedures.
Task 3 - Construction Administration
3.1 Weekly Job Site Meetings
Attend weekly job site meetings, when requested in advance by the City’s Construction
Manager. A budget of 45 hours has been established for this task.
3.2 Respond to Construction RFIs
Provide the City Project Manager with responses to all RFIs within five working days,
unless written authorization is given by the City’s Project Manager for an extension of
time.
3.3 Review Shop Drawings
Review shop drawings, catalog data, test data, samples, and other information that the
Contractor is required to submit. Review each submittal for conformance to the Contract
Documents. Stamp each page of the submittal with the shop drawings review stamp.
Submittals may be accepted, or accepted as noted. Provide a written justification for
rejecting a submittal. Return all submittals to the City’s Project Manager within 5 days
of receipt. The civil engineer shall make every effort to expedite the submittal review
process.
1 City of Carlsbad
Aviara Park Scope of Services
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
11.
Review Contractor Pay Requests
Review monthly contractor pay requests for play structures and site furnishings,
landscape, irrigation, grading, utilities, and related civil engineering activities.
Consult with City on Contract Revision Issues
Consult and advise the City’s Project Manager regarding contract revision issues that
may arise during the course of construction.
Provide Onsite Construction Observation
Visit the project site to monitor and observe specific construction activities as required.
Field Issues
Address and/or resolve specific field issues within the purview of the approved civil
engineering plans and documents as required.
Prepare Monthly Summary Reports
Prepare monthly reports which will be submitted with P&D’s invoices that delineate
tasks and hours for services performed.
On-Call Construction Administration
Provide on-call construction administration services as may be requested by the City
through its construction manager. This task also includes coordination work with the
project geotechnical engineer, project’s SWPPP, and utility companies which is outside
of Contractor’s responsibilities.
Design/Field Support - City Artists
Provide design and field support to the City’s Artists, when requested in advance by the
City through its Construction Manager.
Project Closing
Assist the City’s Project Manager in reviewing the status of completion of punch list
items associated with the civil engineering site plans and documents.
LANDSCAPE ARCHITECTURE
Task 1 - Bidding and Requests for Information
The scope and fees for this task are included in P&D’s original design services contract with the
City and indicated in Part 6.1 per City Purchase Order No. P10995.
P&D Consultants, Inc
NiPropi999163.W8JIAP-Scopp.doc
2 City of Carlsbad
Aviara Park Scope of Services
Task 2 - Preconstruction Meeting
2.1 Prepare for and Attend Meeting
P&D Consultants will attend a preconstruction meeting and provide the City with a
Construction Set of reproducible drawings for the project. This meeting time will also be
used to walk the site with the contractor(s) and City representatives to verify existing
conditions.
Task 3 -Construction Administration
3.1
3.2
3.3
3.4
SiteKlope Grading
At the completion of rough grading, P&D Consultants will visit the site to verify that site
and slope grading are as anticipated. Variations to plans will be brought to the attention
of the City and proper actions will be suggested.
Landscape Construction
P&D Consultants will provide the City with consultant reviews of all landscape
construction tasks which relate to the landscape construction documents. These reviews
will include (1) site visits to review the soccer field layout and surface installation,
including the adjacent walks and concrete curbs; (2) site walkway layout; (3) playground
surfacing installation; and (4) playground layout, including the adjacent walkways and
play structure organization. This will also include inspection and approval of landscape
and irrigation materials, equipment and play structures, site furnishings, and the
Community Center Terrace.
Landscape Irrigation
P&D Consultants will provide the City with consultant reviews of irrigation system
installation at the following critical milestones which will (1) include open trench
mainline review; (2) mainline pressure test; (3) open lateral line review; and (4) overall
installation and coverage.
Landscape Planting
P&D Consultants will provide the City with Landscape Planting services which will
include (1) selection and tagging of trees; (2) review and recommendations for treatment
of relocated trees; (3) tree placement and facing to ensure design intent is being
considered; (4) review of typical shrubs and groundcovers provided by the contractor;
(5) review of shrub and groundcover placement and planting; and (6) review of turf sod
and hydroseeding.
P&D Consultants, Inc.
N~opi999763.OOsSiAP-Ssopedos
3 City of Carlsbad
Aviara Park Scape of Services
3.5 Final Construction Acceptance
P&D Consultants will visit the site, at the contractor’s request, to review the project for
substantial compliance with the drawings and give written approval by the Landscape
Architect. With P&D’s approval of the project, a recommendation will be given to the
City to have the contractor begin the maintenance period.
3.6 Maintenance Walks
P&D Consultants will provide the City with consultant reviews of the landscape
maintenance in accordance with Specification Section 02951 - Landscape Maintenance.
P&D will visit the site three times at approximately 30-day intervals, with the
contractor’s representative, to review the maintenance and health of the landscape. P&D
Consultants will provide the City with a written status report after each visit. This report
will indicate the general status of the landscape and outline any areas of particular
concern.
3.7 Final Maintenance walk
P&D Consultants will perform a final maintenance walk at the request of the City. If
acceptable by P&D Consultants, a certificate of substantial conformance will be provided
as a recommendation to relieve the contractor of landscape maintenance responsibilities.
3.8 Final Acceptance and Turnover
At the request of the City, P&D Consultants will visit the project site at the completion of
all construction and maintenance. If appropriate, a letter of final acceptance will be
provided and all project-related documents will be given to the City.
111. REIMBURSABLES
The City will reimburse P&D for photocopies, printing, reproduction, travel, lodging,
graphic supplies, and other materials as authorized by the City for the completion of the
project.
4 City of Carlsbad
Aviara Park Scope of Services
i- , , 1. i
AVIARA PARK
SCHEDULE OF FEES
The following represents the fees for professional services as defined in Exhibit “A”, Scope of
Services. Services will be provided on a time-and-materials basis, not to exceed the amount of
$82,460.00 without written authorization from the City. Services provided by P&D Consultants
will include civil engeering and landscape architecture. Fees for Task 1 of each phase, for
Bidding and Requests for Information Services, are included in P&D’s original design services
contract for engineering and landscape architecture as defined in Part 6.1 per City Purchase
Order No. P109955.
P&D is not obligated to perform any services that are not specifically included in Exhibit “A”,
Scope of Services. Services requested by the City that are not included in Exhibit “A” shall be
performed by a change order per signed authorization by the City prior to commencement of
work.
Description I No. Of I Hours I Fees
I. CIML ENGINEERING
Visits
Total Engineering Fees: $63,720.00 472 43
1 City of Carlsbad
Aviara Park Schedule of Fees
Description 1 No* Of I Hours I Fees Visits
II. LANDSCAPE ARCHITECTURE
I III. REIMBURSABLE.!? I I I $6,000.00
I TOTAL FEES: I 65 I 583 I $82,460.00
Note that there is not a direct correlation between the number of visits and hours per task. Tasks
will require various site visits, visits to offsite locations, and office time.
P&D Consultants, Inc.
NiPmpi999763.0085iAP-Feesdoc
2 City of Carlsbad
Aviara Park Schedule of Fees
EXHIBIT 4
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
FOR AVIARA COMMUNITY PARK
StzPmARrn THIS AGREEMENT is made and entered into as of the 277% day of
, 2002. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and B & G CONSULTANTS, a California corporation,
("Contractor").
RECITALS
A. City requires the professional services of an experienced construction
program management firm to assist City with the management of the construction of the
City's Aviara Community Park Project, hereafter referred to as the "Project."
B. Contractor has the necessary experience in providing professional
services and advice related to the services required by City.
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 five (5) 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 in an amount not to exceed thirty
thousand dollars ($30,000) 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.
1
City Attorney Approved Version #04.01.02
5. COMPENSATION
The total fee payable for the services to be performed during the initial Agreement term
will be four hundred eighty nine thousand eight hundred eighty dollars ($489,880). No
other compensation for the services will be allowed except for items covered by
subsequent amendments to this Agreement. Incremental payments, if applicable,
should be made as outlined in both Exhibits 1 and 2 contained within attached Exhibit
"A and made part of this agreement.
All office equipment, tools, systems, hardware, software, exhibits, remaining
consumable supplies, and all other items as outlined in Exhibit 2 of attached Exhibit "A
purchased by Contractor and utilized in the performance of the services to be provided
herein shall become the property of City and shall be delivered to City in good working
order at the conclusion of the services provided by Contractor to City as herein
described.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an indeDendent
contractor and in pursuit of Contractor's independent calling, and not as an empioyee 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.
2
City Attorney Approved Version #04.01.02
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 in whole or in part by any willful misconduct or negligent act or omission 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.
IO. 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-:V".
10.1 Coveraqes 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 Liabilitv 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.
3
City Attorney Approved Version #04.01.02
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 and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance 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 three (3) 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
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
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 Providinq 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 Coverase. 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.
4
City Attorney Approved Version #04.01.02
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 notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv:
Name: C. Hammann
Title: Deputy City Engineer
Department: PW-Inspection
Citv of Carlsbad
Address: 5950 El Camino Real
Carlsbad, CA 92008
Phone:760-602-6780
For Contractor:
Name: Michael Giffin
Title: President
B & G Consultants
Address: 750 B Street, Suite 1860
San Diego, CA 921 01
Phone: 619-595-7800
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.
5
City Attorney Approved Version #04.01.02
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.
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.
6
City Attorney Approved Version #04.01.02
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 sea., 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
7
City Attorney Approved Version #04.01.02
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. 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.
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
CONTRACTOR
*By:
ATTEST:
8
City Attorney Approved Version #04.01.02
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@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney Br eputy City Attorney
City Anorney Approved Version #04.01.02
9
CITY OF CARLSBAD, AVIARA COMMUNITY PARK
Proposed Scope of Construction Management Services
1 .o Basic Services and Responsibilities
1.0.1
I .I
1.2
1.3
1.4
1.5
1.6
Terms - City of Carlsbad shall also be referred to as the “Owner“ and /
or “City”. The Construction Manager shall also be referred to as “B&G
Consultants, Incorporated,” and I or “CM”
Staff Assistance - The CM will provide technical and managerial staff
assistance to the City for the specific tasks described hereupon for the
construction program.
Meetings - Organize, schedule, attend and record all program-related
meetings.
Reports - Generate and distribute management information reports
throughout project detailing progress, schedule, compliance with
specifications and financial status.
Document Control - Establish and maintain records, design data,
drawings, and correspondence pertaining to the project.
Project Management Information System (MIS) - Develop a MIS to
establish communication between the City, CM, Design
Professional@.), contractor and other parties on the Project. Determine
the type of information for reporting, the reporting format and the
desired frequency for distribution of the various reports.
Cost Control - Under the direction of the City, establish cost
monitoring and control procedures. Provide monthly cost and cash
flow reports to City.
a Scope of Construction Management Services - Cont'd
1.7 Consultant Selection -When requested by the City, assist in the
selection of consultants, developing lists of potential firms, and criteria
for selection, preparing requests for proposal, assisting in reviewing
written proposals, assisting in conducting interviews, and making
recommendations, and the administration of all consultants retained by
the City.
1.8 Consultant Contract Preparation -Assist the City with preparation of
the Agreement between the Owner and any required consultant.
1.9 Overall Program Evaluation - Provide preliminary evaluation of the
Master Plan program (if available) and individual project budget
requirements. With the Architect's assistance, prepare preliminary
estimates of construction cost from schematic designs. Assist the City
and the Architect in achieving program and individual project budget
requirements and design parameters.
1.10 Master Schedule - Prepare a master program schedule based on . ., ., anticipated design and construction schedules, that integrates all
reviews, approvals or other action required of review agencies.
1.11 Project Construction Schedule - Prepare a Master Construction
Schedule. Critical Path Method scheduling network systems shall be
utilized.
1.12 Design Phase Milestone Schedule - Prepare a Milestone Schedule
for design work, which shall be a method for judging progress during
the Design Phase.
1.13 Permit Responsibility - Monitor, assess, and expedite obtaining
permits from governmental agencies and utility companies.
1.14 CM provided Equipment, Materials, and Systems - To the extent
not provided by the General Contractor under the terms of their
contract, the CM shall provide, subject to a negotiated reimbursement
by the City, all equipment, materials, and systems required to
undertake and complete the services specified herein. All equipment,
materials and systems acquired and I or provided by CM for which City
reimbursement has been provided shall become the property of City
upon conclusion of the work under this contract. Said equipment,
materials, and systems shall be maintained in good working order by
CM and shall be turned over to City along with any and all operating
manuals, warranties, supplies and all other support hardware and
Page 2 of 11
e Scope of Construction Management Services - Cont'd
equipment of any kind at the conclusion of the work under this
contract. The scope of reimbursable items for which the CM is
responsible under the terms of this contract is set forth in Exhibit 2 of
this CM Proposal.
2.0 Preconstruction Phase Services
2.1
2.1.1
2.1.2
-r._
2.1.3
2.1.4
2.1.5
2.1.6
Design Phase Services
Design Schedule - If requested by City, recommend project design
schedules to the City and work with the design professional to execute
schedules.
Project Conference - If requested by City, conduct a Project
Conference attended by the design professionals, the Owner and
others. During the Project Conference, review the project program, the
Master Schedule, Design Phase Milestone Schedule and the Budget.
Design Review Meetings - If requested by City, coordinate periodic
design review meetings, to review design plans and specifications for
clarity and completeness and recommend revisions as required.
Payment Coordination - If requested by City, review all request for
payments by the design professionals and make recommendation for
payments.
Design Phase Change Order Report - If requested by City, prepare
and distribute Design Phase Change Order reports that list Owner
approved change orders and effect of the change orders on the
Project Budget and the Master Schedule.
Project Cost Estimates - If requested by City, prepare for the City
approval an estimate of construction costs by using local estimating
data based on the Schematic Design Documents prepared by the
Architect and consultants. Refine this estimate at completion of the
Design Development and Construction Documents phases. Confer
with the Architect and City after analyzing the estimates versus the
project budget.
Page 3 of 11
@ Scope of Construction Management Services - Cont'd
2.1.7 Program Cost Estimates - The CM will continuously review the
project budget. He shall confer with the design professionals and the
City in these matters in an effort to execute the construction program
in the most cost efficient manner.
2.T.8 Value Engineering - Review designs during development to ensure a
cost-effective design. Advise on the site use and improvements,
selection of materials, building systems and equipment and methods
of project delivery. Provide recommendations on feasibility of
construction methods, availability of materials, time requirements for
procurement, installation and construction.
2.1.9 Construction Management Plan - Prepare a Construction
Management Plan. In preparing the Construction Management Plan,
consider the master schedule, cost and general design requirements
for the Project. Develop various alternatives for the sequencing and
management of the construction and make recommendations to the
City.
2.1.10 Bidding Document Preparation - Assist in the writing of the General
and Special Conditions of the specifications. Review project drawings
and make recommendations to City regarding changes, modifications,
corrections, clarity, completeness, and other suggested changes.
Forward suggested changes to the Design Professional(s) if requested
by City. Meet with Design Professional@) and City to coordinate
changes.
2.1.11 Procurement Review - Recommend a schedule for the Owners
purchase of materials and equipment requiring long lead time
procurement, and coordinate the schedule with the early preparation of
portions of the Contract Documents by the Architect and their design
professionals.
2.2 Bid Phase Services
2.2.1 Pre-Qualifying Bidders - If requested by City, assist City in
developing lists of possible general construction bidders and in pre-
qualifying bidders. This service shall include the following:
preparation and distribution of questionnaires; receiving and analyzing
completed questionnaires; interviewing possible bidders, bonding
agents and financial institutions; and preparing recommendations for
the City.
Page4of 11
.a Scope of Construction Management Services - Cont’d
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
Bidding Assistance - Recommend bidding schedules to City. Assist
the Architect in issuing bidding documents to bidders. Assist the
Architect with the receipt of questions from bidders, and with the
issuance of bid addenda.
Pre-Bid Conference - In conjunction with the City, Architect and the
other Design Professionals, conduct Pre-bid Conferences.
Conferences shall explain the project requirements to the bidders,
including information concerning schedule requirements, time and cost
control requirements, access requirements, administrative
requirements and technical information.
Bid Protest - Assist in the review, evaluation and resolution of any
protest filed by a bidder.
Bid Review - Prepare detailed bid tabulation, review all bids for
conformance to requirements review and report on bidders
acceptability. Make recommendations to the City for award or
rejection of bids.
Pre-Award Conference - With the assistance of the Architect (and
other Design Professionals), conduct pre-award conferences with
successful bidders. Advise the City on the acceptability of
subcontractors and material suppliers proposed by the Contractor(s).
3.0 Construction Phase Services
3.1 Pre-Construction Conference - Organize, and record a pre-
construction conference.
3.2 On-Site Management and Inspection - Provide an on-site project
management team to provide contract administration as an agent of
the City and establish and implement coordination and communication
procedures among Owner, CM, Architect and other Design
Professionals and Contractor(s). Carry out the Construction
Management Plan and ensure the project is constructed in accordance
with the contract documents.
3.3 Weekly Progress Meetings - Conduct weekly progress meetings,
record and distribute minutes.
Page 5 of 11
-e Scope of Construction Management Services - Cont’d
3.4 Reports - Prepare monthly project status reports for review by the
City. The CM shall furnish 25 copies of said report to City each month
through the conclusion of the project. Said report shall contain
photographs of periodic construction progress and construction issues
of interest and concern to City and CM.
3.5 Permits, Bonds, and Insurance -Verify that the required permits,
bonds and insurance have been obtained and are current throughout
the project. These documents shall be forwarded to the City with a
copy to the Architect.
3.6 Review of Requests for Information, Shop Drawings, Samples and
Other Submittals - Review the Contractor’s requests for information,
shop drawings, samples and other submittals to determine the
anticipated effect on compliance with the project requirements, and
Master Schedule. Forward to the Architect (or appropriate design
professional) for review. Maintain a log of all submittals and requests
for clarification, and expedite processing and approval.
”. 3.7 Cost Loading Construction Schedule - The Contractor’s
construction schedule shall have the total contract price allocated
among the Contractor’s scheduled activities. Review the contract price
allocations and verify allocations are in accordance with contract
documents. Review to prevent “front end loading.” Progress
payments to the Contractor shall be based on the Contractor’s
percentage of completion of the scheduled activities as set out in the
construction schedule reports and the Contractor’s compliance with
the requirements of the contract documents.
3.8 Daily Progress Reports - Record the progress of the project. Submit
written progress reports to the City and the Architect including
information on Contractor’s work showing percentages of completion
and the number and amounts of Change Orders. Keep a daily log
containing a record of weather, number of workers, work
accomplished, problems encountered, and other relevant data as the
City may require.
3.9 Contractor’s Construction Schedule - Review Contractor’s
Construction Schedule and verify that the schedule is prepared in
accordance with the contract documents. Construction schedule
updates shall be accomplished at a minimum with each progress
payment.
Page 6 of 11
B) Scope of Construction Management Services - Cont'd
3.10
3.11
3.12
3.1 3
3.14
3.15
,3.16
3.17
Master Schedule Control - Consistent with the Construction
Schedule issued with the bidding documents, and utilizing the
Contractors' construction schedules, update the Master Project
Schedule incorporating the activities of Contractor, including,
processing of shop drawings, product data and samples and delivery
of products requiring long lead time procurement. Include the Owner
occupancy requirements showing portions of the project having
occupancy priority.
Photo and Videos - Provide photographic documentation of project
site prior to and during construction.
Minor Variations in the Work - The CM may authorize variations in
the work from the contract documents that do not involve an
adjustment in the contract price or time, which are consistent with the
intent of the contract documents. Copies of such authorizations will be
provided to the City, the Architect andlor other Design Professional(s)
as applicable.
Rejection of Work - Endeavor to guard the City against defects and
deficiencies in the work. As appropriate, require special inspection or
testing, recommendations to the Architect (or other Design
Professional(s)) regarding special inspection or testing of work not in
accordance with the contract documents.
Contract Non-Compliance - Endeavor to achieve satisfactory
performance from the Contractor(s). Recommend courses of action to
the City when requirements of a Contract are not being fulfilled, and
the non-performing party will not take satisfactory corrective action.
Manage Off-Site Inspection Services - Coordinate off-site inspection
services including other special inspection services as may be
obtained by City and provided by others.
Manage Field Testing Services - Coordinate special field testing
services.
Surveying - Coordinate surveys to verify lines and grades with
contract documents and to provide building benchmarks.
Page 7 of 11
e Scope of Construction Management Services - Cont'd
3.18 Contractor's Safety Program - The CM shall require Contractor to
prepare and submit for review a safety program, as required by the
contract documents. Review safety program to determine that the
programs of the prime Contractor performing work at the site, as submitted, provides for proper coordination among their sub-
contractors (and other direct vendors of the City not directly under the
control of the Contractor) of their respective safety programs. Notify
Contractor of safety problems. Direct Contractor to suspend work if
imminent hazard is not immediately remedied or a dangerous
condition persists. Investigate all accidents. Gather all information
relating to any accidents. Prepare accident reports.
3.1 9 Traffic Control and Public Safety - Review and monitor all traffic
control and public safety plans as submitted by the Contractor(s) for
compliance with all safety laws and regulations. Review all detours,
temporary access, signing, delineation and traffic control plans.
Report deficiencies to Contractor.
3.20 Cost Accounting - Revise the approved estimate of Construction
Cost, incorporate approved changes and develop cash flow reports
and forecasts as needed. Maintain cost accounting work performed
on the basis of actual costs of labor and materials, or other work
requiring accounting records.
L:
3.21 Progress Payments - Review payment applications submitted by
Contractor to determine if amount reflects progress of Contractor's
work. Make appropriate adjustments to each payment application and
forward to the City a Progress Payment Report. The report shall state
the contract price, payments to date, current payment requested,
retainage and actual amounts owed for the current period.
3.22 Change Order Preparation, Negotiation and Processing -
Implement systems for processing all Contract Change Orders.
Prepare cost evaluations of all contract change orders and reconcile
with Architect's cost estimate. Negotiate contract change orders with
the Contractor. Prepare contract change order document for
execution by Contractor and the City.
3.23 Change Order Reports - Prepare and distribute Change Order
Reports during the construction phase. The report shall list all City
approved change orders by number, a brief description of the change
order work, the cost established in the change order and percent of
completion of the change order work.
Page 8 of 11
Scope of Construction Management Services - Cont‘d
3.24 Maintain “As-Built” Drawings - Maintain one set of contract
documents (i.e., “As-Built‘s’’) with up-to-date information regarding all
addenda, substitutions, clarifications and change orders. The As-Built
documents will be kept at the jobsite and shall be available to the City
and the Design Professionals.
3.25 Record Documents - Maintain at the project site (or other location as
deemed appropriate by the City), a record copy of all contracts,
drawings, specifications, addenda, change orders and other
modifications, in good order and marked to record all changes made
during construction; shop drawings; product data; samples; submittals,
purchases; materials; equipment; applicable handbooks; maintenance
and operating manuals and instructions; other related documents and
revisions which arise out of the Contract@) or work. Maintain records
of principal building layout lines, elevations of the bottom of footings,
floor levels and key site elevations certified by a qualified surveyor or
professional engineer. Make all records available to the City and the
design professionals. At the completion of the project, deliver all such
records to the Architect on behalf of the City.
3.26 Initial Start-up - With the Architect (and other design professionals as
appropriate) and the City maintenance personnel, observe the
Contractors check-out of utilities, operational systems and equipment
for readiness and assist in their initial start-up and testing.
3.27 Furniture, Fixtures, and Equipment (FF&E) -With the assistance of
the City and the design consultants, develop a complete FF&E
package including materials supplier and subcontractor request for
proposals. Monitor and manage the proposal process including
processing of requests for information etc. Provide proposallbid
analysis for the City review. Provide required project management
services during FF&E installation and post installation phases.
4.0 Post Construction Phase Services
c:.
4.1 Final Punchtist - When the Construction Manager considers the
Contractor’s work substantially complete, the Construction Manager
shall prepare for the Architect a list of incomplete or unsatisfactory
items (“punchlist”) and a schedule for their completion. The
Construction Manager shall assist the Architect in conducting
inspections.
Page 9 of 11
a Scope of Construction Management Services - Cont’d
4.2 Final Inspection - Following the Architect‘s issuance of a Certificate of
Substantial Completion, evaluate the completion of the work of the
Contractor and make recommendations to the Architect when work is
ready for final inspection. Assist the Architect (and other appropriate
design professionals) conducing final inspections, Secure and
transmit to the City the required guarantees, affidavits, releases, bonds
and waivers. Deliver all keys, manuals, record drawings and
maintenance stocks to the City. Process Owner Notice of Completion
for approval.
4.3 Other Agency Documentation - On behalf of the City complete and
submit any record and documentation required by the State of
California or other agencies.
4.4 Operation and Maintenance Manuals - Coordinate the Contractor’s
submission of operation and maintenance manuals. Ensure all
manuals are bound, indexed and complete in all respects.
f 4.5 Training Maintenance Personnel - Coordinate the training of
Ipi. maintenance personnel by the Contractor. Ensure timely scheduling
such that the O&M manuals are submitted and approved prior to
training.
4.6 Close-out Documentation - Specific attention is to be paid to close-
out documents, including, but not limited to the following: All
disciplines’ record drawings; unconditional lien waivers from
subcontractors, suppliers and vendors; list of contractor and
subcontractor addresses, telephone numbers, and contact person;
final lien waiver from General Contractor, all warranties and/or
guarantees, equipment manuals and maintenance schedules for all
related equipment; Certificate of Substantial Completion; copies of all
permit inspections by city departments (buildinglsafety, planning,
engineering, mechanical, electrical, plumbing, lifekafety), occupancy
permit, final completion and notification of acceptance.
4.7 Final Payment - Make recommendation to the City regarding
Contractor’s final progress payment. Prepare final progress payment
report for submission to the City.
Page 10 of 11
* Scope of Construction Management Services - Cont’d
4.8 Final Report - Provide City with a project final report that includes the
following: A financial summary of the construction contract, change
orders, architectural services, project management services and direct
purchase items. A summary of project change orders. A construction
summary and schedule review. A summary of final acceptance.
4.9 Occupancy Assistance - Coordinate the planning for move-in and occupancy. Assist the City in implementing their move-in and
occupancy plan.
4.1 0 Warranty Coordination -Assist the City during project warranty
period if corrective work is required.
5.0 Additional Services
5.1 Services not specifically referenced above shall be determined
following negotiations between the City and CM and shall be subject to
a separate agreement.
Note: All red lettering above represents changes to the Proposed Scope of
Construction Management Services document that was contained in the
April 19,2002 RFP document from The City of Carlsbad
c 1.
Page 11 of 11
Construction Management Services Fee Proposal
to
City of Carlsbad
for the
Aviara Community Park Project
July 1,2002
I. Project Description
The Aviara Community Park project consists of an active use public park and recreation facility on 22
City owned acres within the masterplanned residential community of Aviara in the City of Carlsbad.
The project includes a synthetic turf lighted soccer facility, natural turf lighted baseball I softball
facility, a large tot-lot and open space play area, group picnic areas with sheltered structures, 2
restroom buildings, a maintenance facility with building, and an integrated public art component. The
project also includes an 18,000 square foot Community Center building with several interior features
and an exterior terrace area. The project also includes 2 parking lots with a total of 272 parking
spaces, monument and directional signage, site walls, extensive landscaping, lighting, irrigation and
drainage systems and structures, and other features. The project is now being designed by P & D
Consultants and is expected to go out to RFP and public bidding in June, 2002 with construction
scheduled to begin in early-September, 2002. The total construction budget for the project is +/-$IO
million (US$). As part of the management effort of the project the City of Carlsbad has asked B&G
CONSULTANTS to provide this proposal for complete construction management services, including
pre-construction services, on-site CM services throughout construction, and post-construction
services. The specific duties and responsibilities are detailed in Section B of this Proposal.
11. Schedule Duration
As your Construction Manager our management responsibilities will take place during all three
phases of the project (i.e., Pre-Construction Phase, Construction Phase and Post-Construction
Phase). Accordingly, we have assumed these phases of the project to have the following time
periods and duration(s):
Construction Management Services Fee Proposal
Aviara Community Park Project
July 1,2002
Page 2
Pre-Construction Phase
Construction Phase
Post-Construction Phase
14 weeks (July 1, 2002 - October 8,2002)
55 weeks (Oct. 9,2002 - October 28,2003)
8 weeks (Oct. 29,2003 - December 28,2003)
111. Construction Management Fee Proposal
a. Estimated (Hourly) Fee Proposal
B&G CONSULTANTS proposes to provide construction management services to the City of
Carlsbad on an hourly fee basis in accordance with the Fee Schedule set forth in Exhibit 1 of this
section. The hourly fees as set forth in Exhibit 1 are exclusive of reimbursable expenses and
professional liability insurance premium costs (see Exhibit 2).
b. Hourly Rate Proposal (for Additional Services)
For additional consulting services which, may be requested by the City of Carlsbad. the following
hourly rates shall apply through the period ending December 28. 2003:
Staff Function Hourlv Rate
Principal (Michael Giffin and Antonio Piscitello) $125/hour
Senior Construction Manager (Keir Toth) $1 15/hour
Project Engineer
Clerical/Administrative
$95/hour
$48/hour
c. Reimbursable Expenses
Estimated reimbursable expenses, including professional liability insurance premiums, related to
our CM services are set forth in Exhibit 2 of this Proposal. Please note that the scope of
reimbursable expense items set forth in Exhibit 2 do not include on-site trailer and related facilities
for the CM function, nor do they include incoming utility line costs to support the on-site trailer.
Also excluded are trailer furniture and furnishings. It is anticipated that all of these items will be
supplied by the General Contractor as part of their RFP / bid process. A complete list of these
exclusions is contained within a DRAFT dated April 26, 2002 and forwarded to John Cahill.
Page 2
Aviara Community Park Project
Construction Management Services Fee Proposal
July 1,2002
Page 3
d. Exclusions to Construction Management Fee Proposal
I. Scope of services excluded from Proposed Scope of Construction Management Services in
Section B.
2. Furnished jobsite trailer facility, etc. as referenced above
Page 3
Description
Exhibit 1 - Fee Schedule
Aviara Community Park Project
Estimate of Construction Management (Staff) Fees
1Jul-02
Estimated Estimated
Hours Unit $/Unit Duration Total
Phase I: Pre-Construction (Julv 1. 2002 - October 7. 2002
Principal 4 hours
Sr. Construction Manager 10 hours
ClericalIDocument Control 3 hours
Phase II: Construction (October 8. 2002 -October 28. 2003)
Principal 2 hours
Sr. Construction Manager 40 hours
ClericalIDocurnent Control 24 hours
Phase 111: Post-Construction (October 29. 2003 - December 28. 2003)
Principal 2 hours
Sr. Construction Manager 40 hours
ClericalIDocument Control 8 hours
$125
$115
$48
$125
$1 15
$48
$125
$1 15
$48
14 weeks
14 weeks
14 weeks
55 weeks
55 weeks
55 weeks
8 weeks
8 weeks
8 weeks
$7,000
$16,100
$2,016
$13,750
$253,000
$55.296
$2,000
$36.800
$3,072
Total Estimated Construction Management (Staff) Fees $5,052 77 weeks $389,034
~~
Notes:
1) Hours budgeted above are only an estimate of the total hours required for B&G to complete the assigned
tasks; actual hours necessary lo complete tasks may be greater or less than budgeted hours. Any hours worked or
2) Hourly staff rates for work performed after November 30, 2003 shall be escalated at a rate of 6% per annum.
invoiced in excess of budgeted hours must first be approved in writing by Owner.
4) Hourly staff rates do not include Professional Liability insurance premiums.
3) Hourly staff rates do not include reimburseable fees. Reimbursable fees are indicated on Exhibit 2
Item Reimbursable Description
Exhibit 2 - Reimbursable Expenses Schedule
Aviara Community Park Project
Estimate of Reimbursable Expenses
1JUl-02
Estimated Estimated Estimated
Quantity Unit $/Unit Total
1. Notebook Computer wlmodem
2. Stationary Computer Workstation wlmonitor
4. Network Hardware
3. JAZ Drive Back-up
5. Multi-Function Copier (color), Scanner, Fax, Printer
6. Line Conditioners
7. Prolog PM Software
8. MS OfficePro Software
9. Norton Anti-Virus Software
10. WinFaxPro Software
11. MS Project Scheduling Software
12. Back-up Software
13. Computer System(s) Installation & Svc. Agreement
14. Enhanced Warranty for Computer System@)
16. Camera -Digital
15. Cellular Phone/Pager
17. Small Refrioerator
Office and Other EauiDment:
18. Desk Accessories, Hardhats. Miscellaneous
19. Subtotal -Office and Other Equipment
-~ ~ ~
20.
21.
22.
23.
24.
26.
25.
28.
27.
1
1
2
2
1
2
2
2
2
2
1
2
1
2
1
1
1
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
$2,500
$2,750
$600
$650
$2,200
$800
$25
$550
$125
$125
$500
$125
$1,250
$200
$150
$250
$525
$2,500
$1,200
$2,750
$1,300
$2,200
$50
$1,600
$1,100
$250
$250
$500
$250
$1,250
$400
$1 50
$525
$250 1 each $400 $400
$16,925
Monthlv ExDenses:
Cellular and Paging
Telephone
15 month $135
Computer and Ofiice Equipment Maintenance
15 month $250
DSL Internet Service
15 month
15
Consumable Office Supplies 15 month $200
Document Reproduction, Binding & Blueprinting month $380
15
Messenger and Notarv Services
month $325
15 month $1 00
$200
Postageand Federal Express
Subtotal - Monthly Expenses
~~
15 month $1 90
29. Travel ExDenses:
30. Job Mileage (excludes daily commute)
31. Parking Fees
32. Transportation
33. Car Rental
$2,025
$3,750
$3,000
$3,000
$5,700
$1,500
$4,875
$26,700
$2,850
15 month $1 35
0 Is $0
0 Is $0
0
$2,025
$0
$0
Is $0 $0
Page 1 of 2
Exhibit 2 - Reimbursable Expenses Schedule -continued
Aviara Community Park Project
Estimate of Reimbursable Expenses
lJu142
Item Reimbursable Description
Estimated Estimated Estimated
Quantity Unit $/Unit Total
34. Lodging
35. Entertainment & Meals
0 Is $0 $0
0 Is $0 $0 36. Subtotal -Travel Expenses $2,025
37. Subtotal Reimbursable Expenses
38. Mark-Up (7% of Subtotal of item 37)
$45.650
$3,196
39. Subtotal (items 37 + 38) $48,846
40. $1 mm E&O Insurance - 3 year "tail" (no mark-up) 1 Is $52,000 $52,000
41. Total Reimbursable Expenses (item 39 + 40) $100,846
Notes:
1) The scope of reimbursable items referenced above do not include on-site trailer and related facilities for the CM
furnishings. All of these items are intended to be supplied by the General Contractor as part of their RFPIbid process. These
function. nor do they include incoming utility lines costs to support on-site trailer. Also excluded are trailer furniture and
A complete list of these exclusions are contained within a DRAFT dated April 26, 2002 and forwarded to John Cahill
Page 2 of 2
September 20, 2002
Carol Pearson
3265 Highland Avenue
Carlsbad, CA 92008
Re: Request for Information
Dear Carol:
You had previously requested that the Carlsbad City Clerks Office notify you
whenever an issue regarding the Capital Improvement Program is placed on a
Council Agenda.
Enclosed is the Carlsbad City Council Agenda for Tuesday, September 24,2002.
Please note that Item No. 3, on the Consent Calendar, is requesting the City
Council to adopt Resolution No. 2002-282, approving three agreements for the
Aviara Community Park Project. Please note that the Carlsbad City Council
Meeting will begin at 6:OO p.m.
If you have any questions, please contact the Carlsbad City Clerks Office at
(760) 434-2808.
Sincerely,
unice Breitenfeld
Deputy City Clerk
Enclosure
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @