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HomeMy WebLinkAbout2012-04-24; City Council; 20882; Approve Sevice Agreement with Kitchell Construction for Construction Management and Observation of Alga Norte Community Park Phase I Project 3837ACITY OF CARLSBAD - AGENDA BILL (^13 AB# MTG. DEPT. 20,882 4/24/12 PEM APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL FOR CONSTRUCTION MANAGEMENT AND OBSERVATION OF ALGA NORTE COMMUNITY PARK PHASE I. PROJECT NO. 3837A DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2012-095 approving a Professional Services Agreement with Kitchell for Construction Management and Observation of Alga Norte Community Park Phase I, Project No. 3837A ITEM EXPLANATION: On February 3, 2012, staff issued a Request for Qualifications for professional construction management and observation services for the proposed Alga Norte Community Park Phase I project. On February 14, 2012, Council authorized design builder Request for Proposals for Alga Norte Community Park Phase I, Project No. 3837A. The award of the design build contract is scheduled for Council approval at their meeting on April 24, 2012. Eighteen firms submitted qualification proposals for construction management and observation services that were subsequently reviewed by a staff selection committee. After reviewing the qualification proposals, the selection review team selected four firms, deemed most qualified, to interview. After completing the interview, the selection committee recommends the firm of Kitchell as the most qualified firm to provide the requested construction management and observation services for a total negotiated amount of $743,600. The construction management and observation services covered by the Agreement are detailed in the scope of services attached to the Professional Services Agreement (attached as Exhibit 3). Included within the agreement is an allowance for services to assist the City in integrating the design builder's proposed automated cost and document management control systems into the City's computer operating environment. Integrating the systems will allow for automated document flow of requests for information, changes orders, shop drawings, plan revisions and invoicing. The integrated system will provide enhanced project cost control and document management, and will additionally provide benefits to the future maintenance and operations of the park facility. DEPARTMENT CONTACT: Patrick McGarry 760-434-2949 patrick.mcqarrv(5^carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution No. 6039 adopting a Negative Declaration (ND) and approved Resolution No. 6040 for Conditional Use Permit No. CUP 04-08 for the ANCP Project. Furthermore, pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning ofthe California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: Council has previously appropriated General Capital Construction funds and Public Facilities Fee funds for the ANCP Project. There are sufficient remaining appropriations to complete the ANCP Project at this time. No further appropriation is necessary. Costs for the ANCP Project are estimated in Table 1 on page 2. TABLE 1 - ALGA NORTE COMMUNITY PARK PROJECT NOS. 3837 AND 3925 ESTIMATED PROJECT CONSTRUCTION COSTS - PHASE I DESCRIPTION ESTIMATED COSTS Construction Cost $26,800,000 Construction Management and Inspection Cost $1,484,000 Staff Cost $300,000 Furniture, Fixtures and Equipment Cost $500,000 TOTAL $29,084,000 The current status of the ANCP Project - Phase I is shown in Table 2 below. TABLE 2 - ALGA NORTE COMMUNITY PARK PHASE I - PROJECT NO. 3837 & 3925 STATUS OF ADOPTED APPROPRIATIONS TASK DESCRIPTION APPROPRIATE DTO DATE EXPENDITURES/ ENCUMBRANCES TO DATE REMAINING BALANCES Design $4,711,380 $2,027,416 $2,683,964 Construction, Inspection, Materials Testing $35,203,620 $2,083,104 $33,120,516 Environmental Mitigation & Monitoring $22,500 $14,929 $7,571 Studies and Reports $62,500 $58,132 $4,368 TOTAL $40,000,000 $4,183,581 $35,816,419 EXHIBITS: 1. Location Map 2. Resolution No. 2012-095 approving a Professional Services Agreement with Kitchell for Construction Management and Observation of Alga Norte Community Park Phase I, Project No. 3837A 3. Professional Services Agreement with Kitchell LOCATION MAP HOT TO SCALE PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 EXHIBIT 1 mm BY: SCOTT EVANS, cmsm ENomRiNG DEPT. 9/7/os H:\cmTAL iMPRomEHT pR0GRAii\m7 ALCA NORJE pm\PL/ms & Em8im\mum: 3 1 RESOLUTION NO. 2012-095 WHEREAS, on February 14, 2012, the City Council of the City of Carlsbad, California, authorized Design Builder Request for Proposals for the design and construction of Alga Norte Community Park Phase I, Project No. 3837A, ("Park Projecf); and, WHEREAS, the City Council is scheduled to award the design build contract for 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL 3 SERVICES AGREEMENT WITH KITCHELL FOR CONSTRUCTION MANAGEMENT AND OBSERVATION OF 4 ALGA NORTE COMMUNITY PARK PHASE I, PROJECT NO. 3837A. 5 6 7 8 9 10 11 j2 the Park Project at their meeting on April 24, 2012; and, 13 WHEREAS, on Febmary 3, 2012, City staff issued a Request for Qualifications 14 for professional construction management and observation services for the proposed 15 Park Project ("RFQ"); and, WHEREAS, on March 2, 2012, eighteen firms submitted qualification proposals in response to the RFQ; and, WHEREAS, after review of the eighteen RFQ submittals, a selection team comprised of City staff, selected four firms, deemed most qualified, to interview; and, WHEREAS, after completing the interview, the selection committee recommends 16 17 18 19 20 21 22 the firm of Kitchell as the most qualified firm to provide the requested construction 23 management and observation services for the Park Project; and, 24 WHEREAS, a Professional Services contract with Kitchell has been prepared in 25 the amount of $743,600. 26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 27 Carlsbad, California, as follows that: 28 4- 1 1. The above recitations are true and correct 2 2. That the Professional Services Agreement for Construction Management and Observation with Kitchell for the Park Project in the amount of $743,600 is hereby approved. 3. The Mayor of the City of Carlsbad is hereby authorized and directed to execute Professional Services Agreement with Kitchell for and on behalf g of the City of Carlsbad. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 24*^ day of April, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn and Packard. None. ABSENT: Council Member Douglas. LORRAlRTElCWOOD, City Cleric (SEAL) PEM870 AGREEMENT FOR CONSTRUCTION MANAGMENT AND OBSERVATION SERVICES ALGA NORTE COMMUNITY PARK PROJECT NO. 3837 AND 3925 (KITCHELL CAPITAL EXPENDITURE MANAGERS INC.) THIS AGREEMENT is made and entered into as of the o?t5^ day of ^jjnAliA , 2012, by and between the CITY OF CARLSBAD, a municipal corporatidK ("City"), and KITCHELL CAPITAL EXPENDITURE MANAGERS INC. (Kitchell OEM), an Arizona corporation, ("Contractor"). RECITALS A. City requires the professional services of a Construction Manager that is experienced in Construction Management and Observation B. Contractor has the necessary experience in providing professional services and advice related to Construction Management and Observation services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of twenty (20) months from the date first above written. The City Manager may amend the Agreement to extend it for an additional one (1) year period or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be seven hundred forty three thousand six hundred dollars ($743,600). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 2/17/12 1 1 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 caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on beiialf 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 eariy termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of tiie 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-:VH". OR City Attorney Approved Version 2/17/12 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General 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. 10.1.2 Automobile Liabilitv (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 Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. 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. City's Initials Contractor's Initials If box is checked. Professional Liability Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to City Attorney Approved Version 2/17/12 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. Citv 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 Carisbad 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 cleariy 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 David Hauser Name Domingo Camarano Title Director Title Regional Executive Property and Environmental Kitchell OEM Department Management Address 853 Camino Del Mar, Suite 200 City of Carisbad Del Mar, CA 92014 Address 1635 Faraday PhoneNo. 858-947-5144 Carisbad, CA 92008 Email dcamarano@kitchell.com PhoneNo. 760-602-2739 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. City Attorney Approved Version 2/17/12 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon^/arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 2/17/12 II 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 ofthe 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 seg.. 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. Tiiese provisions include false claims made with delilDerate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// City Attorney Approved Version 2/17/12 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 KITCHELL O^PITAL EXPENDITURE MANAGER^INC, an AriBona corporation CITY OF CARLSBAD, a municipal corporation ofthe State of California (sFgn here) 1 |/&(?o By: (1 ^ Mavor (print name/title) ATTEST: / Msian [RAINE M. WOOD City Clerk (sign here) (print name/title) h^tyiqjjf^M^ -\ If required by City, proper notarial acknowledgment of execution wQflBK'i^l^t be attached. If a corporation. Agreement must be signed by one corporate 6^c§^RII^afe^of the following two groups. ^o^. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: AssistanfCity Attorne}! City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of On /^^^ -^f 2— before me personally appeared THere insert name and title ofthe offic^) who proved to me on the basis of satisfactory evidence to^b^-th^person(s) whose name(s) isTfc^ibscribed to the within instmment and acknowjgdl^ed to me that he/she^e}^xecuted the same in his/her/^eiriuthorized capacity(ies), and that by his/her^fheujignature(s) on the instmment the person(s), or the entity upon behalf of which the person(s) acted, executeOie instmment. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is tme and correct. WITNESS ^ rf^ ^ <*\ >^ ^ t6^i^S^.^£tmiiC»t^CbatAmlt!tm^ ^ .^i^JASMEET AHLUWALIA^ ^^^^^ COMM. #1960337 ft Oy§^^^NOTARY PUBLIC - CALIFORNIA!!; 5 V?SC5v SACRAMENTO COUNTY 0 L^^i^^COMM. EXPIRES DEC. 10,2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT \J (Title or description^of attached document) (Title or description of attai^ved document continued^ Number of Pages Document Date (Additional information) CAPA^IPYt^TAIMED BY THE SIGNER -."-^n Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califorma must con.ui,. verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com "Exhibit A" Scope of Work Task 1: Preconstruction Services Task 1.1 Proiect Management Coordinate and meet with the City's Civic Project Manager and the Bridging Consultant during bidding of the project. Initiate project activities and provide general project oversight. Based upon the City approved Document Management System, incorporate the Document Management Systems and procedures for documenting communications and correspondence. Provide examples of all City provided forms that the CM and Design/Builder will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, blasting notifications, and other official project documents. Develop points of contact with all team members. Prepare a list of all standard forms, documents and reports and develop distribution lists and logs for each of the listed document types. All project documents are to be retained by the selected CM firm for a period of three years after conclusion of the project. Task 1.2 Preconstruction Conference Notify appropriate parties, assist the Civic Projects Manager with scheduling and conducting the Preconstruction Conference with the Bridging Consultant and the Design/Builder. The meeting shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Design/Builder's questions answered. Task 1.3 Testing and Inspection Procurement Assist the City with procuring testing and inspection services, testing/balancing services and commissioning services for the project. Provide sample Scope of Work Statements for RFP forms for each. Task 2: Construction Services Task 2.1 Contract Administration/Management The CM shall be responsible for assisting the City's Civic Projects Manager with all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall utilize the field offices provided by the Design/Builder. Furniture and basic office equipment shall be provided by the Design/Builder in accordance with the specifications. The CM shall oversee, perform, and coordinate work included within this scope of work, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attendt meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Design/Builder; coordinate testing and specialty services; review daily observation notes and identify and report nonconforming items; notify the City of significant problems and discrepancies; assist the City with interpreting drawings, specifications and reference standards; monitor construction activities and schedules; assist the City with resolving constructability problems; coordinate connections and operations; prepare change orders (including cost estimating services); review and notify the Design/Builder of test results; investigate claims; perform observations; review the Design/Builder's Record Drawings periodically and concurrently with Design/Builder progress payments; and prepare project punch lists, etc. Task 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. Communication between the Design/Builder and the Consultant shall be closely managed by the Civic Projects Manager. No directives shall be made by the Consultant to the Design/Builder without written approval from the Civic Projects Manager. All original project documents and final project reports shall be furnished to the City within 60 days following filing ofthe Notice of Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily observation reports, dates of utility service interruptions, and all other project correspondence. Monthly progress reports (three copies) shall be prepared and submitted to the City's Civic Projects Manager and shall include the following elements: a) Summary of the prior month's main accomplishments and current construction activities. Include an evaluation of last month's report of expected task completion to actual. b) Overall Design/Builder's conformance to contract schedule and quality requirements. This will include a baseline schedule comparison showing all new tasks, deleted tasks, changed tasks and duration changes. c) Identification of key problems, action items, and issues, including recommendations for solutions. d) Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance. Provide a detailed budget versus actual and projected cost analysis of expenditures and encumbrances. Provide a detailed evaluation of the Contractor Controlled Contingency, Phased Reduction Plan, and Owner Controlled Contingency. e) Photographs of representative project activities printed and electronically stored. f) Provide list of Deviation Activities and any corrections taken/planned. Task 2.3 Photo Documentation Provide a videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and cleariy depict pre-existing conditions. Prepare additional videotape and/or photographs to document site conditions as required to supplement the Design/Builder's videotape. Take and develop construction documentation photographs on a daily basis. Maintain a digital photographic library of all significant construction activities.. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided monthly. Task 2.4 Construction Progress Meetings Schedule and attend bi-weekly construction progress meetings with the Bridging Consultants and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include an Action Matrix and a Decision Matrix tracking the actions and decisions required of the team members. Include minutes in the monthly progress reports. Task 2.5 Shop Drawings and Submittal Reviews For the disciplines/trades listed in the General Information section of the RFP, submittal review and verification of compliance to the design intent are the responsibility of the Bridging Consultant. All other submittals shall be reviewed by the CM. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Design/Builder's submittals for coordination after receipt from the Bridging Consultant. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Design/Builder's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the Bridging Consultant and City. CM will log, track, and monitor the Bridging Consultant's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Design/Builder. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Design/Builder with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM.. Task 2.6 Plans and Specifications interpretation The CM shall review and respond to the City all responses to Requests for Information (RFI) generated by the Design/Builder.. The Bridging Consultant will also review all RFI responses as it relates to compliance to the design intent. The CM shall maintain a log of RFIs and provide written clarification to the Design/Builder in a timely manner. . Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. n Task 2.7 Construction Observation Services Provide full time observation to ensure that the Design/Builder's work is in compliance with the contract documents. Validate Design/Builder's daily reports of the construction activities including weather conditions, Design/Builder's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical observation at the job site as required of materials and workmanship, and discuss with the Design/Builder appropriate revisions to the methods and procedures used in performing the work. The CMs may not authorize extra work or approve of work that deviates from the contract documents. Task 2.8 Progress Pavments Prepare project-related invoices and progress payments. Submit all invoices to the City's Civic Projects Manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. This project will utilize two funding accounts. It shall be the CM firm's responsibility to identify the proper funding account for each item of work on the invoices prior to submittal to the City for payment approval. Task 2.9 Design/Builder's Claims and Change Orders Identify, prepare, log, and monitor all Design/Builder or City initiated claims, changes, extra work, and change orders. Assist the Civic Projects Manager with negotiating all claims to an agreed upon Design/Builder/Consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and independent cost estimates (Means cost data) for each change order and negotiate costs with the Design/Builder. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Assist the Civic Projects manager with resolving claims, extra work, and change orders for changes to the work and obtain City approval. Task 3: Proiect Closeout Assist the City by prepare detailed project punch lists at closeout of the project, coordinating the various City Departments' and Bridging Consultants' concerns and corrections. Attend punch list walk throughs with each City Department that requests to provide a punch list of corrective actions. . Upon correction of deficiencies, the CM shall schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City's Civic Projects Manager, Parks and Recreation users, Facilities, Information Technology Department and Bridging Consultants. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, two working days after final walk-through. Review and certify that the Design/Builder's project record drawings are complete and accurate. Prepare a Project Close-out Matrix of all tasks required by the Specifications and Contract Documents prior to close-out. Track the completion of these tasks. Validate the As-built documents are true and accurate. i <~ ii Y (M B. Labor (personnel classifications, estimated hours and unburdened hourly rates) Domingo Camarano, Project Executive $80 86 Canh Tran, Construction fyianager $57 3,212 Jay Prechel, Estimator $62 200 Hannah Schumacher, Scheduler $57 200 Ann Aira, Project Assistant $25 1,290 C. Direct and ifidirect costs fburdenSr etc»| Kitchell's direct and indirect costs for the team provided in this proposal are expressed as dn average multiplier rate of 2.5, 0, Overhead and profit margins Kitcheils overhead for this proposal is expressed as a multiplier rate of 1.52. Our profit margin for this proposal is expressed as a percentage of 10%. E. Subcontracts None, KITCHELL 1^ A, Totai fee for each task listed in the scope of work. Exhibit A TASK Task 1.1 Project Management Task 1,2 Preconstruction Conference FEE $15,280 $7,900 Task 1,3 Testing and Inspection Procurement smwrni $13,180 $36,360 TASK FEE Task 2.1 Construction Administration/Management $67,180 Task 2.2 Reports and Communications $77,970 Task 2.3 Photo Documentation $64,840 Task 2.4 Construction Progress Meetings $56,000 Task 2.5 Shop Drawings and Submittal Reviews $58,020 Task 2.6 Plans and Specifications Interpretation $55,860 Task 2.7 Construction Observation Services $49,500 Task 2.8 Progress Payments $60,620 Task 2,9 Design/Builder's Claims and Change Orders smmm $83,260 $S73,2S0 TASK '<•'/.. . - FEE SUBTOTAL Sharepoint integration Allovrance $<.o.nn) General Conditions (building rent/security/janitorial, communications/internet/fax, utilities, postage, office supplies, other industry standard GC's, etc.) are not included in the fee. As part of Kitcheil's standard business practices, the City ofCarlsbad will not pay any markup for this classification of General Conditions. 7l>