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HomeMy WebLinkAbout2015-06-09; City Council; 21982; Adopt 2015-138 Agreement Schneider CM Library Renovation 4020 4030CITY OF CARLSBAD - AGENDA BILL AB# 21,982 DATE: 6/9/2015 DEPT. PW-PEM ADOPT RESOLUTION NO 2015-138 APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SCHNEIDER CM FOR NOT TO EXCEED AMOUNT OF $315,000 TO PROVIDE FOR CONSTRUCTION MANAGEMENT SERVICES FORTHE LIBRARY RENOVATION PROJECTS, PROJECT NOS. 4020 AND 4030 DEPT. DIRECTOR CITYMGR. CITY ATTY. f^K^ RECOMMENDED ACTION: Adopt Resolution No. 2015-138 approving and authorizing the execution of a professional services agreement with Schneider CM for construction management (CM) services for the Library Renovation Projects, Project Nos. 4020 and 4030. ITEM EXPLANATION: For the past two years, staff has been working on the refurbishment and enhancement of both the Georgina Cole Library (Cole) and Carlsbad City Library (Dove). The purpose of this effort is to continue providing top quality service and revitalize Library & Cultural Arts infrastructure to maximize its current and future benefit to the community. The selected firm will support staff in procuring the remaining project components, submittal and schedule reviews, move coordination, quality inspections, payment application reviews, change/cost management and close out activities. The expected duration for these projects is 10 months. On April 3, 2015, staff published a request for qualifications for construction management services. On April 27, 2015, the city received 10 submittals. The qualifications of each firm were reviewed by the selection committee comprised of staff members from Public Works, and Library & Cultural Arts. The 4 highest ranked firms were invited to conduct presentations on their qualification and approach to the project. The committee ultimately selected the firm of Schneider CM as the best value firm, as determined by the Selection Criteria. Staff recommends that the City Council approve the contract for Construction Management services for the Library Renovation Projects. Firm Name Score Schneider CM 443 Kitchell 433 Abacus Project Management, Inc. 413 Gafcon, Inc. 404 DEPARTMENT CONTACT: Patrick McGarry 760-434-2949 patrick.mcgarry@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Ubrary Renovations Project CM Agreement Approval June 9, 2015 Page 2 of 2 FISCAL IMPACT: The cost proposal from Schneider CM is for time and materials, not to exceed $315,000.00 to provide construction management services. Funds are available to support this recommendation in the total approved budget for the projects of $11,346,529, which includes $5,300,000 for the Cole Library, and $6,046,529 for the Dove Library. No further appropriation is necessary. ENVIRONMENTAL IMPACT: This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301(d) - Existing Facilities - restoration or rehabilitation of existing facilities that are deteriorated or damaged and are required to meet current standards of public health and safety involving negligible or no expansion of use. EXHIBITS: 1. Resolution No 2015-138 approving and authorizing execution of a professional service agreement with Schneider CM for construction management services for the Library Renovation Projects, Project Nos. 4020 and 4030 2. Location Map 3. Construction Management Services Agreement EXHIBIT I 3 26 27 1 RESOLUTION NO. 2015-138 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SCHNEIDER CM FOR 4 CONSTRUCTION MANAGEMENT SERVICES FOR THE LIBRARY RENOVATION PROJECTS, NOS. 4020 AND 4030. 5 6 WHEREAS, Library improvements are necessary to meet the current and future Library 7 and Cultural Arts services within the City of Carlsbad; and 8 g WHEREAS, the Department of Public Works solicited qualifications from consulting firms; 10 and received a total of 10 submittals for construction management services for the Library 11 Renovation Projects, located at the Carlsbad City Library, 1775 Dove Lane, and the Georgina Cole Library at 1250 Carlsbad Village Drive; and WHEREAS, subsequent to review of the submittals and interviews of the four highest ranked firms, staff recommends Schneider CM as the most qualified consultant for the project; and 12 13 14 15 16 17 WHEREAS, Staff recommends the Schneider CM proposal to provide construction management services for the Library Renovation Projects for an amount not to exceed $315,000.00 be approved; and WHEREAS, funding for said project has previously been appropriated from the General Capital Construction Fund and Infrastructure Replacement Fund in the amount of $11,346,529 18 19 20 21 22 23 from Project Nos. 4020 and 4030; and 24 WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary "^•^ and in the public interest to enter into an agreement with Schneider CM; NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carisbad, California as follows: 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 1. That the above recitations are true and correct. 2. That the qualifications submitted by Schneider CM for construction management services for the Library Renovation Projects, Nos. 4020 and 4030, are acceptable and the Mayor is hereby authorized to execute a professional services agreement with Schneider CM for said services. 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 ofthe City Council ofthe City of Carlsbad on the 9*^ day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATyn ATTEST: BARBARA ENGLESONT^y Clerk (SEAL) ^.SS;^USB;X, ''iiiuw^^^ EXHIBIT 2 LOCATION MAP COLE LIBRARY SITE DOVE LIBRARY SITE CITY OF OCEANSIDE HIGHWAY , VICINITY MAP COLE LIBRARY. SITE NOT TO SCAIE NOT TO SCALE DOVE LIBRARY^ SITE PROJECT NAME DOVE LIBRARY RENOVATIONS AND COLE LIBRARY RENOVATIONS PROJECT NUMBER 40301, 47061 (DOVE) 40201,47051 (COLE) EXHIBIT 1 PLOTTED BYi SCOTT EVANS PLOT DATE:6/17/I4 PATH:D:\f«SCELLANEOUS\I.OCATION UAPS\40301_'W201-DOVE-COl£.DWG Exhibit 3 AGREEIVIENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM THIS AGREEMENT is made and entered into as of the _ / /"^ day of XH^iC^ , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Schneider CM, a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a Construction Manager that is experienced in representing the interests of an Owner during the construction of library renovation projects. B. Contractor has the necessary experience in providing professional services and advice related to construction management. 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 12 months from the date first above written. The City Manager may amend the Agreement to extend it for an additional 1 year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000.00) 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 maximum fee payable for the Services to be performed during the initial Agreement term will be three hundred and fifteen thousand dollars ($315,000.00). 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". Monthly payments will be paid based on actual hours expended. 6. STATUS OF CONTRACTOR Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or 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 Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 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 Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional 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 ofthe work. <^S>> I x I If box is checked. Professional Liability City's Initials Contractor's Initials I 1 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 Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 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 ttiis 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 Name Cari Schneider Title Title CEO Department Address 7459 Circulo Sequoia City of Carisbad Carisbad, CA Address Phone No. 619-905-5522 Email Cari.schneider@schneidercm.net Phone No. 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. Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded 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 fonwarded 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 Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 othenwise 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 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. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. 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. Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) ' • Mayor (print name/title) By: (sign here) (print name/title) ATTEST: BARBAFiA ENGLE City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City AttorneyX Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM Task 1: Preconstruction Services Task 1.1 Proiect Management Coordinate and meet with the City's Civic Project Manager during bidding of the project. Initiate project activities and provide general project oversight. Based upon the City approved Document Management System provided by the CM, incorporate the Document Management Systems and procedures for documenting communications and correspondence. Provide examples of all City provided forms that the CM and Contractor will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, and other official project documents. Develop points of contact with all team members (project directory). Prepare a list of all standard forms, documents and reports and develop distribution lists and logs for each of the listed document types. 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 Assist the Civic Projects Manager with procurement and management of separate contracts, including, but not limited to, exterior painting, solar PV, FF&E, movers, Dove exterior improvements, elevator, roofing, HVAC, and signage. Assist the Civic Projects Manager with reviewing all submittals and tracking the review and approval of project documents. Assist the Civic Projects Manager by attending and documenting all Pull Planning sessions and other Lean Construction activities for this project. Notify appropriate parties; assist the Civic Projects Manager with scheduling and conducting the Preconstruction Conferences with City Staff, Architect and the Contractor. The meetings shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 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 Contractor. Furniture and basic office equipment shall be provided by the Contractor in accordance with the specifications. The CM shall oversee, perform, and coordinate work included within this scope of work, as directed by the City. The CM shall: prepare reports, letters, and memoranda; attend meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate testing and specialty services; review daily testing/inspection notes and identify and report nonconforming Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 Contractor of test results; investigate claims; review the Contractor's Record Drawings periodically and concurrently with Contractor progress payments; and prepare project punch lists, etc. Task 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. Communication between the Contractor and the Consultant shall be closely managed by the Civic Projects Manager. No directives shall be made by the Consultant to the Contractor 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 of the Notice of Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, testing/inspection reports, dates of utility service interruptions, and all other project correspondence. Weekly progress reports shall be prepared and submitted (electronically) 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 week's report of expected task completion to actual. b) Overall Contractor'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. Working with the contractor, prepare weekly Planned Percent Complete (PPC) calculations of all planned activities. 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 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. Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM 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 clearly depict pre-existing conditions. Take and share construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of these photos linked to their location is to be provided weekly. Photos shall be uploaded to the City of Carisbad's SharePoint site on a monthly basis. Task 2.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Architect, contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. Task 2.5 Shop Drawings and Submittal Reviews The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide a detailed review of the Contractor's submittals for coordination after receipt from the Architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the Contractor's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the Architect and City. CM will log, track, and monitor the Architect's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor. Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM. Task 2.6 Plans and Specifications Interpretation The CM shall review all Requests for Information (RFI) generated by the Contractor. The CM shall maintain a log of RFIs and provide written clarification to the Contractor 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. Exhibit 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES SCHNEIDER CM and related documents, as referenced in the contract documents and as required to perform the work. Task 2.7 Construction Services Ensure that the Contractor's work is in compliance with the contract documents. Validate Contractor's daily reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare reports of deviations and non- conformance to specifications and provide a timely response. The CMs may not authorize extra work or approve of work that deviates from the contract documents. Task 2.8 Progress Payments Prepare project-related invoices and progress payments. Submit all invoices to the City's 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. Validate that the Contractor has updated the as-built plans for the payment period and has maintained the planned percent complete calculations prior to approving the payment application. Task 2.9 Contractor's Claims and Change Orders Identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work, and change orders. Assist the Civic Projects Manager with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and independent cost estimates for each change order and negotiate costs with the Contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Assist the 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 Architects' 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, Library Department, Facilities, Information Technology Department and Architect. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, two working days after final walk-through. Review and certify that the Contractor's project record drawings are complete and accurate. 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 ••Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. ^ CITV Of CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carisbad 1200 Carisbad Village Drive Carisbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratvPcarlsbadca.gov Please consider the environment before printing this e-mail Donna Heraty From: Donna Heraty Sent: Friday, June 12, 2015 4:52 PM To: 'carl.schneider@schneidercm.net' Cc: Shelley Collins; Patrick McGarry Subject: REQUIRED CONFLICT OF INTEREST Attachments: Resolution No. 2015-050.pdf To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carisbad. The City of Carisbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carisbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with citv staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim - Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is June 11, 2015. • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. JULY 13. 2015. Mailing Address: Citv Clerk's Office. 1200 Carisbad Village Drive. Carisbad. CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents vou mav use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet • Resolution Nos. 2012-114 and 2013-237 In addition, when your contract with the City of Carisbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion ofthe agreement.