Loading...
HomeMy WebLinkAbout2010-04-13; City Council; 20197; Agreements Joint First Responder Training FacilityCITY OF CARLSBAD - AGENDA BILL 18 AB# 20,197 MTG. 04/13/10 DEPT. IRAN APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENTS WITH DUDEK, RRM DESIGN GROUP AND LEIGHTON CONSULTING FOR JOINT FIRST RESPONDER TRAINING FACILITY PROJECT NO. 3686 DEPT. DIRECTOR nJ\^ ^ \CITY ATTORNEY /// ft ' CITY MANAGER /, r „ RECOMMENDED ACTION: Adopt Resolution No. 2010-084 approving construction phase Professional Engineering Services Agreements with Dudek, RRM Design Group, and Leighton Consulting for the Joint First Responder Training Facility, Project No. 3686. ITEM EXPLANATION: The proposed Joint First Responder Training Facility (JFRTF) is located within the area encompassed by Orion Street and Orion Way near the City's police station known as the Safety Center site (see Exhibit 1 for location map). The JFRTF includes the following improvements: • Police and fire training grounds including car extrication area, trench rescue area, underground confined space rescue area, public art site area, perimeter security masonry wall, site lighting and landscaping with vegetated swale, prefabricated bioretention, and detention basins. • A Shooting Range/Classroom Building containing a police firing range (25 yard handgun and 100 yard rifle training), a dedicated room for firearms/judgment training simulator, offices, storage rooms, restrooms, and classroom. • Two (2) fire training burn prop buildings o Commercial burn prop which includes a four story training tower o Residential burn prop having two stories and a backyard fence To assist staff with the construction phase of the JFRTF, a Request for Proposals (RFP) were issued to provide construction management and inspection services, construction administration support and post occupancy/warranty review services, and geotechnical observation and compaction testing services. Following is a discussion of the three RFPs. For the Construction Management and Inspection Services, proposals were requested and three proposals were received and reviewed by a selection committee. After completing a review of the written proposals and conducting interviews the selection committee recommends the firm of Dudek as the most qualified to provide the services. The cost for Dudek services was negotiated for a total budget amount of $853,660. The agreement is attached as Exhibit 3. The Construction Administration Support and Post Occupancy/Warranty Review services includes shop drawing review, responding to technical questions on buildings and equipment, assistance in starting up and training on specific equipment such as the computer operated range targeting system which includes light, smoke, rain, and sound system effects designed to simulate "real world" conditions, and the heat, flame and smoke generating systems for the two burn prop buildings, and perform warranty review of all furnished equipment. To provide this assistance, the staff requested a proposal from RRM Design Group because they designed all aspects of the JFRTF, have the DEPARTMENT CONTACT: William Plummer, (760) 602-2768. bill.plummer(S)carlsbadca.qov FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XD D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 supporting calculations and documentation for the design of all structures, pipelines, electrical, mechanical, and instrumentation systems, prepared the grading plans, are the most knowledgeable of the equipment specified, and have all background information on decisions made during the design phase. The cost for RRM Design Group services was negotiated for a total budget amount of $477,925. The agreement is attached as Exhibit 4. For the geotechnical observation and compaction testing during site grading operations a proposal was requested from Leighton Consulting, Inc. because they performed the geotechnical investigations, prepared the geotechnical report, developed the criteria used to design the structures, pipelines, and retaining walls, and are the most knowledgeable of the geotechnical issues at this site which involves blasting and removal of unsuitable material from the site in specific areas to meet the requirements for the building improvements and site grading. The cost for Leighton Consulting Inc. services was negotiated for a total budget amount of $54,900. The agreement is attached as Exhibit 5. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Joint First Responders Training Facility (CUP 08-15). The Notice of Intent (NOI) to adopt a MND was published in the newspaper October 8, 2008, and sent to the County Clerk's Office for a 20-day public review (October 9, 2008 - October 29, 2008). No comment letters were received during the 20-day review period. The MND was approved by the Planning Commission on November 19, 2008 in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. FISCAL IMPACT: The budget amounts for Dudek, RRM Design Group, and Leighton Consulting Inc. were incorporated into the construction phase budget which is shown in Table 1. TABLE 1 PROJECT COST SUMMARY FOR THE DESIGN, ENVIRONMENTAL, AND CONSTRUCTION OF THE JOINT FIRST RESPONDER TRAINING FACILITY DESCRIPTION PRELIMINARY AND FINAL DESIGN, ENVIRONMENTAL, & PERMITS (completed) Preliminary Study (P&D Consulting) Feasibility, Planning, and Conceptual Studies (RRM Design) Preliminary Design, Environmental Review, and Conditional Use Permit (RRM Design) Final Design, Plans, Specifications, and Building Permit (RRM Design) Financial Review by Rosenow Spevacek Group (RSG) Public Art Component Design (Pleasant Line Corporation) Miscellaneous expenses Subtotal CONSTRUCTION Construction Contract Construction Contingency Construction Management & Inspection (Dudek) Engineering Support (RRM Design Group) Post Construction Warranty Review (RRM Design Group) Geotechnical Services grading and material testing (Leighton Consulting) Public Art Component fabricate and install (to be performed by Pleasant Line Corp.) City Staff Subtotal ESTIMATED COSTS $41,000 170,000 528,000 1,012,000 34,000 27,000 10,000 $1,822,000 $11,260,870 1,100,130 853,660 449,875 28,050 54,900 153,000 99,515 $14,000,000 Page 3 DESCRIPTION MISCELLANEOUS CMWD & SDCWA Water Capacity Fees based on 2-2" meters, budget amount Recycled Water Capacity Fee based on 1-2" turbo meter, budget amount Sewer Capacity Fee based on 4 EDU's, budget amount Sewer Benefit Area "G" Fee based on 4 EDU's, budget amount Pre-Opening Expense, budget amount Furnishings, Fixtures and Equipment (FF&E), budget amount Miscellaneous Items, Dry Utilities, budget amount Subtotal TOTAL PROJECT COST CURRENT APPROPRIATION ADDITIONAL APPROPRIATION REQUIRED ESTIMATED COSTS $98,000 31,000 5,000 3,000 50,000 330,000 161,000 $678,000 $16,500,000 $24,500,000 $-0- Funding for the project was appropriated in the Fiscal Year 2009/2010 Capital Improvement Program in the amount of $24,500,000. Sufficient funds are available for the completion of the project construction. The JFRTF uses $13,650,000 from the Proposition C funds and $10,850,000 in General Capital Construction funds. Using $13,650,000 in Proposition C funds leaves a balance of approximately $5,000,000 for allocation to other Proposition C eligible projects. The current financial status of the Joint First Responder Training Facility project is shown in Table 3 below. TABLE 3 - CURRENT EXPENDITURES FOR JOINT FIRST RESPONDERS TRAINING FACILITY TASK DESCRIPTION Design Construction, Inspection, Materials Testing Studies and Reports TOTAL CURRENT YEAR APPROPRIATION $1,876,510 22,589,473 34,017 $24,500,000 CURRENT YEAR EXPENDITURES/ ENCUMBRANCES $1,607,445 153,264 34,017 $1,794,726 REMAINING BALANCES $269,065 22,436,209 0 $22,705,274 EXHIBITS: 1. 2. 3. 4. 5. Location Map. Resolution No.approving the Professional Engineering Services Agreements with Dudek, RRM Design Group, and Leighton Consulting, Inc. for the Joint First Responder Training Facility, Project No. 3686. Agreement for Professional Construction management & Inspection Services for Joint First Responders Training Facility (Dudek). Agreement for Construction Administration Support Services for (RRM Design Group). Agreement for Geotechnical Observation and Testing Services (Leighton Consulting, Inc.). LOCATION MAP crrr OF OCEANSWE HIGHWAY VICINITY MAP NOT TO SCALE NOT TO SCALE SITE. PACIFIC OCEAN PROJECT NAME JOINT FIRST RESPONDER TRAINING FACILITY PROJECT NUMBER 3686 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/18/09 C: \CAPITAL\PLUHHER\X86.DWG 1 2 3 4 26 27 28 RESOLUTION NO. 2010-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH DUDEK, RRM DESIGN GROUP, AND LEIGHTON CONSULTING, INC. FOR JOINT FIRST RESPONDER TRAINING FACILITY, PROJECT NO. 3686. 5n WHEREAS, the City Council of the City of Carlsbad, California, desires to construct the 6 Joint First Responder Training Facility (JFRTF), Project No. 3686; and 7 WHEREAS, the City staff issued a Request for Proposals to provide Construction 8 Management and Inspections Services, Construction Administration Support Services, and 9 Geotechnical Observation and Compaction Testing Services; and 10 WHEREAS, the City staff received three proposal to provide the Construction 11 Management and Inspections Services included in response to a Request for Proposals for the 12 JFRTF, and recommends that Dudek be selected for a budget cost in the amount of $853,660; 13 and 14 WHEREAS, the City staff received a proposal to provide Construction Administration 15 Support Services, and recommends that RRM Design Group be selected for a budget cost in the 16 amount of $477,925; and WHEREAS, the City staff received a proposal to provide Geotechnical Observation and18 Compaction Testing Services, and recommends that Leighton Consulting, Inc. be selected for a19 budget cost in the amount of $54,900; WHEREAS, funding for said project has been appropriated from Proposition C funds and in the Unreserved Undesignated General Fund in the 2009/2010 Capital Improvement Program in the amount of $24,500,000 to cover all project costs and is sufficient. 24 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. 1 2. That the Professional Engineering Services Agreements with Dudek, RRM 2 Design Group, and Leighton Consulting, Inc. for the Joint First Responder Training Facility, Project 3 No. 3686 are hereby approved. 4 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 5 the Professional Engineering Services Agreement with Dudek, RRM Design Group, and Leighton g Consulting, Inc., for and on behalf of the City of Carlsbad. 7 8 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 Carlsbad on the 13th day of April, 2010, by the following vote to wit: AYES: Council Members Lewis,Kulchin, Hall and Blackburn. NOES: Packard. ABSENT: None. CLAUDE ft. LEWIS, Mayor ATTEST: LORRAINE M. WOOfo, City Clerk EV Vv PWENG721 AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR JOINT FIRST RESPONDERS TRAINING FACILITY PROJECT NO. 3686 (DUDEK) THIS AGREEMENT is made and entered into as of the / -~ day of ft p^jUi _ , 2010, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and DUDEK, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in construction management and inspection. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed eight hundred fifty three thousand six hundred sixty six dollars ($853,660). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a City Attorney Approved Version #05.06.08 representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Title William Plummer Deputy City Engineer Department Engineering City of Carlsbad Address 1635 Faraday Avenue Carlsbad. CA 92008 Phone No. (760) 602-2768 For Contractor: Name Title George Litzinger Project Manager Dudek Address 605 Third Street Encinitas. CA 92024 Phone No. (760) 942-5147 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #05.06.08 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #05.06.08 7 14 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR California corporation ^sign here)Dudek Frank Dudek CARLSBAD, a/fWnicipal n of/fhe/6Hate efe&alifornia Mayor (print name/title) President ATTEST: (e-mail address) (print name/title) City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contfa'cloV^ must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of J On hXCU^T 2(^t2-^0c\ before me, 37 Date personally appeared rVYXlAK- •*-) J.SK 3H/f ?U.bh6Here insert Name and Titfe of the Officer Name|s7)of Signer(gj> \ J. SKfiNS Commtwton* 1730144 Public - CcHlfornio Son Dl«go County \ who proved to me on the basis of satisfactory evidence to be the person^ipwhose namedpis/^ir^) subscribed to the within instrument and acknowledged to me that f - ~x S^~^neyyexecuted the same in Ns/hemheh;) authorized capacity's)), and that by tas/bei/lfTeir/signature/shon the instrument the person{fP or the entity upon behalf of which the person(^pacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: A Document Date: MrC/VY^at YlQ\~ 12 1 -for"/ COtoStVu C H Number of Pages: Ql/lD ith (X±tlU Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) J-Signer's Name: D Individual Sf- Corporate Officer — Titlei^f: D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. Y~ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: I)A \/€ W • D Individual [Corporate Officer — Title(/): C r O D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Aye., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 n EXHIBIT "A" SCOPE OF WORK TASK I: PRECONSTRUCTION PHASE SERVICES Task I.I: Project Management Kickoff Meeting Once we have been selected, our construction management team will schedule a kickoff meeting with the City's project manager to outline project issues and discuss our roles. We will provide coordination and management at City request during the pre-bid and bidding phase including running the pre-bid meeting. The goals of this meeting will be two-fold. First, the sooner we can start conversing with the City about the project and obtain information, the better prepared we'll be when we are officially given the notice to proceed. Second, we would like to discuss the issues identified in this proposal to determine if any of them need to be addressed in the contract documents prior to bid. The tentative agenda for the meeting is as follows: • Discuss City's expectations of the Dudek team • Confirm project goals • Discuss and obtain current copies of all project documents (plans, specifications, soils reports, permits environmental documents, right-of-way (ROW) documents, agreements with other agencies) • Discuss project issues and potential solutions • Determine key milestone dates • Review lines of communication • Discuss preferences and format of the Construction Management Procedures Manual • Assign tasks and establish next step. Task 1.2: Design Review The construction management team will perform a thorough review of the specifications and plans prior to bid. We will provide a marked up set of plans accompanied with a comment sheet letter identifying constructability and potential claims issues as well as proposing solutions for these issues. Resolving these issues prior to bid normally produces lower and more competitive bids and minimizes disputes during construction. During review of the plans and specifications, we will use our experience and lessons learned from our previous projects. We have reviewed the plans, specifications, and soils report for this project and have identified issues we would want to discuss further to understand them and make sure these are not potential problems. We have also listed issues from past projects so they are on the radar screen to discuss upon completion of our review. Our review will focus on: • Conflicts between different disciplines (i.e., civil vs. plumbing, architectural vs. structural, mechanical vs. structural). • Utility Coordination - Have service orders been included in the bid package or do they still need to be completed? Service orders need to be included in the bid documents and is the typical cause of many delays and change orders. • Value Engineering Recommendations. • Verify the contract clearly addresses unsuitable soil material under structures. We suggest adding a provision as an allowance for removals, placement of clean fill or crush rock, and geofabric when unsuitable soil material is encountered. This is another typical item that is not addressed in most specifications resulting in delays and change orders. • Dimensional busts, check building and site utility dimensions and elevations for conflicts. • Quality of Work and Project Coordination specifications. • Scheduling and Liquidated Damage Specification Language. • Permitting requirements: verify the language that the contractor is responsible for any fees. • Shop testing and inspection requirements. Task 1.3: Preconstruction Conference Prior to the contractor's Notice to Proceed, the construction manager will meet jointly with the contractor, City project manager, and other involved entities as needed to outline to the contractor: contract administration guidelines, contractual roles and relationships and reinforcement of specific requirements for safety, security and access through various construction site. The construction manager will highlight the project concerns and contractual requirements. We will prepare the agenda, conduct meetings, and issue meeting minutes for the preconstruction meeting once the construction contract has been awarded. Our construction management team will meet jointly with the City's project manager, the contractor, and other agencies involved to outline to the contractor the contract administration guidelines, contractual roles and relationships, and reinforcement of specific requirements, on-site SWPPP, security, and access points to the construction site. The construction manager will highlight project concerns coordination requirements with utilities. Mobilization and staging requirements will be reviewed and discussed and contract interfacing with other contractors working on the site will be discussed for a complete understanding of the site usage, ROW issues, and City's Building Department role. The proposed inspection staff, reporting features required by the contractor, and contract administrative details will be addressed for complete job site familiarization. This meeting will set the tone for the project and is crucial that the contractor understands that we expect him to strictly comply with the contract documents, schedule constraints, and provide a high quality of work at all times. The goal is to ensure that the contractor understands that we are there to enforce the specifications, and that we will do it fairly and consistently. TASK 2: CONSTRUCTION SERVICES Dudek's role, on behalf of the City, will be to monitor construction progress, handle day-to-day project coordination with the contractor and utilities, be responsible for the overall quality assurance through DUDEK first Responders Training Facility Construction Management and Inspection 1 inspection, special inspection, in-plant inspection (if needed), and schedule geotechnical and material testing of the project. Our role also includes administrative duties as listed below. Task 2.1: Contract Administration/Management As discussed in our Project Approach, we will be responsible for aspects of contract compliance, quality assurance, and change orders/claims processing. Prior to mobilization of the contractor, Mr. Linsdau will negotiate a "schedule of values" for all components of the work with the contractor. Our detailed quantity take-offs will be the basis for negotiating the quantities. The contract documents require the contractor to submit a Primavera critical path method (CPM) construction schedule on a monthly basis; the contractor will be required to load the schedule of values and associated quantities into their construction schedule. As construction proceeds, the Dudek team will calculate a percent complete for each line item in the "schedule of values" based on quantity of work completed. This performance measurement or "earned value" analysis will be conducted during Dudek's review of the contractor's monthly progress payment application. When the schedule is updated, the value of the work accomplished will be calculated as an earned value (budgeted cost of the work performed). The contractor will be paid on this basis. Project Coordinator/Document Control The Dudek team will provide Project Coordinator/Document Control services for this project. The administrative staff person will be tasked with clerical functions such as receiving calls and visitors, filing, copying, and data entry such as keying-in letters from the contractor and daily inspectors' diaries into the document tracking system. The project coordinator will also prepare meeting minutes, log digital photos, process progress payments, prepare outgoing correspondence, log submittals, issue submittal registers and pending logs, prepare contract modifications, process noncompliance reports, prepare project progress reports for the City, and supply presentation materials to City staff. On-Site Manager/Inspector The on-site manager/inspector will be the key point of contact for the contractor's project manager and superintendent in the field during the course of the work. If work is non-conforming per the specifications, the on-site manager/inspector will issue a written Notice of Non-Compliance report for any work installed by the contractor that is not in compliance with the project plans and specifications. This will require a written response from the contractor and the issue will be tracked weekly until the issue is resolved to our satisfaction. No payment will be allowed on any non-conforming work items. Two critical phases for the success of this contract are the days from award to Notice to Proceed followed by the first 60 days of contract time from Notice-to-Proceed. Award to Notice to Proceed We will tackle the following issues in the first days of the contract to get the project off to a good start. Set-up logs. RFI, RFP, requests for change (RFC), correspondence, and procedures for tracking and reporting. We will set our files up according the City requirements. DUDEK first Responders Training Facility Construction Management and Inspection CPM Cost-Loaded Schedule. Within 30 days of Notice-of-Award, the contractor has to submit a 60-day Plan of Operation Bar Chart, Project Overview Bar Chart Plan, and Schedule of Values. Within 30 days of the Notice-to-Proceed, the contractor has to submit the initial CPM network schedule and computerized Schedule Report Tabulation and Schedule of Values. We will review and analyze each activity and the logic and determine if the work conforms to the contract requirements and if the work can be built to the contractor schedule. We will compare production rates and material rates. We will check to see if adequate time is devoted to construction activities. We will provide a written response to the contractor's schedule submittals. The construction manager also will develop a detailed job schedule to fully understand the contract work, and use this schedule to evaluate the contractor's cost loaded schedule. We plan to be ahead of the contractor with schedule analysis and this tool helps us understand what the contractor is trying to achieve with his schedule. Often times the contractor schedule is too broad and we will require sufficient work breakdown structure detail for the construction manager to evaluate each activity and cost. Task 2.2: Reports and Communications Our document tracking system consists of Excel spreadsheet logs used to track submittals, RFIs, monitor issues, contract modifications (change orders), catalog daily inspectors' reports, and generate and track non-compliance reports (NCRs). We will generate weekly progress meeting minutes to be issued to the City and contractor within two days after the meeting. The special inspection daily reports and testing results will be organized and submitted electronically to the City's Building Department as required. The project files will maintained according to City's filing system and turned over to City immediately following Notice of Completion. We will prepare and submit a monthly construction management report to the City no later than the fifth day of the following month. The report will describe project progress, schedule, change order management, quality assurance testing, and current project costs, both hard and soft costs. The report will detail current and future construction activities and issues. The report will also include a summary of the contractor's schedule and progress payment status, detail schedule conformance and cost projections. A comparison will be made between the planned and actual costs, which will be summarized in the monthly report. Project photos with descriptions will be included report documentation. Updated project tracking logs for submittals, RFIs, NCRs, and change orders will be included. Project critical action items will be listed with resolutions and suggested resolutions. The report will identify potential change order items that may arise. Task 2.3: Photo Documentation We will review the contractor's preconstruction videos and photos as well as prepare a separate, more complete set of our own. Mr. Honour will take date-stamped photos on a daily basis and catalog them into a digital library. In addition to photo documenting progress, changes/claims issues, on a weekly basis we will take a site photo from the same location for preconstruction through completion to provide a time lapse library of the project. All photos at the end of the project will cataloged and placed on a DVD provided to the City. Task 2.4: Construction Progress Meetings Mr. Linsdau will chair weekly meetings with representatives of the contractor, the City, and the architect (if needed) to discuss and resolve all project matters (e.g., progress, change issues, quality DUDEK First Resfionders Training Facility Construction Management and Inspection 4 assurance, actions requiring clarification of design, intent, utility coordination) and assess responsibilities for response to respective participants. Action item monitoring will be implemented to ensure compliance and timely response by all parties. Meetings will be documented and minutes distributed within two working days after the meeting to the City, contractor, and architect for a complete record of project transactions. Critical Action Item Report. A critical action item report will identify project issues and help resolve them quickly. The report will detail administrative, design, construction, environmental, and coordination issues that arise. Each action item will be assigned to project personnel with a target date to complete or resolve the item. The report will be updated at the weekly contractor progress meetings. Task 2.5: Shop Drawings and Submittal Reviews Failure of the contractor to provide critical material submittals is frequently the cause of delays, particularly on this project, since there will be several submittals which must be approved prior to the start of the work. Our team will generate a master submittal item list from the contract documents of submittals required from the contractor. This list will include due dates for each submittal and will be organized by specification section. The master submittal item list will be used to review the contractor's schedule of submittals and verify the receipt and acceptance of all submittals. We will provide this to the contractor at the preconstruction meeting. After we receive the contractor's baseline schedule, we will tie each submittal to the first activity on the CPM schedule, which is dependent on the approval of the submittal. This allows us to work with the contractor and design team to prioritize and manage the submittal process and minimize any delay to the project resulting from late submittal approval. Mr. Honour will review all submittals for general compliance with specifications prior to sending the architect or City. Submittals failing to meet the specification requirements will be returned to contractor for correction. Mr. Honour and Mr. Linsdau will be responsible for reviewing the General Provision and Division I submittals (i.e., project schedule, safety, schedule of values, quality control, surveying, etc.) Submittals will be logged regularly on an Excel spreadsheet documenting the specification section, reviewer, when it was returned, and approval status of the submittal. Task 2.6: Plans and Specifications Interpretation Many contractor's RFIs will be general in nature. Dudek will respond to these RFIs with clear verification or interpretation of the contract drawings and specifications. Technical RFIs will be sent to the architect for response. Dudek will ensure that the City's project manager approves any request for changes in design. It is our goal to answer all RFIs in a timely manner to avoid giving the contractor any excuse for delays. RFIs will be logged regularly on an Excel spreadsheet, which will include the reviewer, when the RFI was returned, the specification section and plan sheet related, and if the RFI issue resulted in a change order. Dudek currently maintains a extensive library on site with latest updated plans and specifications, current Greenbook, City Standards, UBC Building Codes, NFPA Regulations, etc. DUDEK first Responders Training Facility Construction Management and Inspection S Task 2.7: Construction Inspection Services Dudek will be responsible for the overall quality assurance of the project and will work with the City's Building Department and Fire Marshall who are responsible for code compliance on the project. Our approach to quality assurance is directed towards ensuring that the final product quality meets the requirements of the design drawings and specifications while at the same time meeting the City's expectations. The on-site manager/inspector will be on site daily during working hours and whenever work is performed outside of normal working hours. The special inspectors will be scheduled and managed by the on-site manager/inspector who will be on site in accordance with Building Department requirements. The on-site manager/inspector will be the key point-of-contact for the contractor's superintendent during the course of the work. The inspector will not direct the contractor's work but will facilitate the contractor's efforts to complete the work by anticipating issues that might affect the progress of the work. Quality Assurance Inspection Services. Mr. Honour will provide a majority of the site inspection to ensure compliance with the contract documents. Mr. Honour will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored. The on-site inspector will inspect the site daily, including site SWPPP, manage special inspectors, and coordinate with the City's geotechnical and material testing consultant, and will be responsible for the overall quality assurance of the project. Dudek will provide special inspectors for masonry and for structural steel welding. We will also provide a specialist for any major electrical as-needed throughout the course of the project. Mr. Honour will prepare daily reports at the end of each work shift documenting manpower, equipment, and summary of work activities. Mr. Honour will also be responsible for obtaining and reviewing the special inspection reports prior to submitting them to the Building Department. Mr. Honour will field- verify with the contractor all underground tie-in locations, building corners and dimensions, and elevations throughout the course of the project. Task 2.8: Progress Payments The Dudek team realizes the importance of an accurate, timely review and submission of the contractor progress payment redlines each month. Mr. Honour will meet with the contractor to discuss and verify the status of billable quantities/schedule of values, measure quantities, and verify the contractor's as- builts are up to date at the end of each month. He will prepare the monthly payment estimate submitted as redlines of the City's monthly progress payment form, which will include stop notice amounts, updating contract days elapsed, and approved change orders for the payment period. Updated schedule of values will also be submitted along with the redlines. Task 2.9: Contractor's Claims and Change Orders The goal of the Dudek team is to avoid claims and all unnecessary change orders and address change issues immediately in the City's best interest. Change Orders Dudek will have no authority to issue changes or modifications to the contract documents without City approval. Changes will be initiated by the City or requested by the contractor. Mr. Linsdau will track, document, provide cost estimates, negotiate changes for added costs or credits with the contractor, and evaluate schedule impacts of changes in addition to advising the City of equitable costs and time adjustments for proposed or authorized changes. Mr. Linsdau will complete, in a timely fashion, DUDEK First Responders Training Facility Construction Management and Inspection 6 all change orders for City review/approval. Mr. Honour will track and document all directed extra work on daily Time and Materials basis as well as any Contractor disputed work items on a daily basis. We will keep up-to-date, accurate, and separately numbered records of all changes and claims. Claims Management and Avoidance: Our approach to claims management focuses on claims avoidance during preconstruction and mitigation during construction. Claims avoidance techniques include a thorough constructability/design review (see Task 1.2) of the design and contract documents and identification and contract accommodation of potentially changed conditions, such as subsurface features and proper structuring of bid documents. Our team will also review the construction contract special provisions to ensure that adequate administrative controls are included. We will immediately respond to and notify the City of claims. Once we have reviewed and discussed the claim with the City, one of the following actions on the claim will be taken: rejected; tracked as disputed work depending; or incorporated in change order depending on the circumstance. Dudek will support the City with any means possible to resolve/defend claims, including serving as an expert witness. TASK 3: PROJECT CLOSEOUT We will prepare a detailed punch-list based on a joint walkthrough with the City. This punch-list will be compiled into a single list and transmitted to the contractor. We will make it clear to the Contractor that (I) the project is not complete until the punch list is complete, (2) that punch-list work is contract work to be completed within the specified contract time, and (3) when the City is ready to move in, the project is actually complete. Once we have verified the contractor has successfully completed every item on the punch-list, we will draft any final change orders, obtain all required lien waivers, guarantees, manuals, training materials, and spare parts for turnover to the City. Once all of the close out documents and change orders are executed, we will generate the final pay request. We will review and certify the contractor's as-built drawings cross-checked against Mr. Honour's set of as-built drawings. The finalized, clean set of record drawings will be submitted to City's project manager. DUDEK first Responders Training Facility Construction Management and Inspection 7 0/4 Schedule The Dudek team will be available to start work and staff the project on September 18, 2009, as stated in the RFP. Our proposed construction manager, Jason Linsdau, is currently working part time on two construction projects, which will be completed by October 2009. Mr. Linsdau will be available as proposed as the construction manager on a part-time basis for the duration of this project. The on-site manager/inspector, Eric Honour, is currently working part time on the Leucadia Wastewater District Administration Building, which will be completed in August 2009, and will be available on a full-time basis for this project. Both the certified welding inspector, Dave Coins, and certified masonry inspector, Dave Mitchell, will be available as required on the project. Based on our review of your project requirements, we are confident that we can dedicate the necessary personnel to staff your project as proposed. DUDEK First Responders Training Facility Construction Management and Inspection Hours The following is our estimated manpower and effort to complete the scope of work described in the RFP (Table 3). ESTIMATED MANPOWER AND EFFORT TABLE Staff Hours Task 1 : Preconstruction Phase Services September 2009 through January 2010 Task 1.1: Project Management Construction Manager On-Site Manager/Inspector Administration 60 60 10 Task 1.2: Design Review Construction Manager On-Site Manager/Inspector Mechanical Electrical 20 40 10 10 Task 1.3: Preconstruction Conference Construction Manager On-Site Manager/inspector Administration 4 2 4 Task 2: Construction Services (Based on AN 18-month construction schedule) January 201 0 through July 201 1 Task 2.1 : Contract Administration/Management Construction Manager Administration 900 100 Task 2.2: Reports and Communications Construction Manager On-Site Manager/Inspector Administration 400 20 300 Task 2.3: Photo Documentation On-Site Manager/Inspector 100 Task 2.4: Construction Progress Meetings Construction Manager On-Site Manager/Inspector Administration 160 160 200 Task 2.5: Shop Drawings and Submittal Reviews Construction Manager On-Site Manager/Inspector 40 100 Task 2.6: Plans and Specifications Interpretation On-Site Manager/Inspector 150 DUDEK First Responders Training Facility Construction Management and Inspection TABLE (CONTINUED) Staff Hours Task 2.7: Construction Inspection Services On-Site Manager/Inspector Special Inspector Masonry/Concrete Special Inspector Welding Electrical Inspector 2,500 700 200 80 Task 2.8: Progress Payments On-Site Manager/Inspector 40 Task 2.9: Contractor's Claims and Change Orders Project Principal Construction Manager On-Site Manager/Inspector 30 250 100 Task 3: Project CloseOut Construction Manager On-Site Manager/Inspector Administration 40 60 30 DUDEK first Responc/ers Training Facility Construction Management and Inspection 10 City of Carlsbad First Responders Training Facility Construction Management And Inspection Services Cost Proposal July 17, 2009 Task 1: Reconstruction Services I Hours Rate Cost Task 1 .1 Project Management Construction Manager On-Site Manager/Inspector Administration 60 60 10 $130 $120 $75 Subtotal $7,800 $7,200 $750 $15,750 Task 1 .2 Design Review Construction Manager (Site Civil/Specifications) On-Site Manager/Inspector (Architectural/Structrual/Plumbing) Mechanical Electrical 20 40 10 10 $130 $120 $120 $130 Subtotal $2,600 $4,800 $1,200 $1,300 $9,900 Task 1 .3 Preconstruction Conference Construction Manager On-Site Manager/Inspector Administration 4 2 4 $130 $120 $75 Subtotal Task 1 Total $520 $240 $300 $1,060 $26,710 Task 2: Construction Services (Based on an 18-month construction schedule) Hours Rate Cost Task 2.1 Contract Administration/Management Construction Manager Administration 900 100 $130 $75 Subtotal $117,000 $7.500 $124,500 Task 2.2 Reports and Communications Construction Manager On-Site Manager/Inspector Administration 400 20 300 $130 $120 $75 Subtotal $52,000 $2,400 $22.500 $76,900 Task 2.3 Photo Documentation On-Site Manager/Inspector 100 $120 Subtotal $12.000 $12,000 Task 2.4 Construction Progress Meetings Construction Manager On-Site Manager/Inspector Administration 160 160 200 $130 $120 $75 Subtotal $20,800 $19,200 $15.000 $55,000 Task 2.5 Shop Drawings and Submittal Reviews Construction Manager On-Site Manager/Inspector 40 100 $130 $120 Subtotal $5,200 $12.000 $17,200 Task 2.6 Plans and Specifications Interpretation Owner's Representative/Inspector 150 $120 Subtotal $18.000 $18,000 DUDEK City of Carlsbad First Responders Training Facility Construction Management And Inspection Services Cost Proposal July 17, 2009 Hours Rate Cost Task 2.7 Construction Inspection Services On-Site Manager/Inspector Special Inspector - Masonry/Concrete Special Inspector - Welding Electrical Inspector 2500 700 200 80 $120 $110 $110 $130 Subtotal $300,000 $77,000 $22,000 $10,400 $409,400 Task 2.8 Progress Payments Owner's Representative/Inspector 40 $120 Subtotal $4,800 $4,800 Task 2.9 Contractor's Claim and Change Orders Project Principal Construction Manager On-Site Manager/Inspector Direct Costs - Estimated at $800 per month for 18 months) 30 250 100 $160 $130 $120 Subtotal 18 $800 Task 2 Total $4,800 $32,500 $12,000 $49,300 $14,400 $781,500 Task 3: Project Closeout Construction Manager On-Site Manager/Inspector Administration Direct Costs - Estimated at $800 per month for 1 month) Hours 40 60 30 1 Rate $130 $120 $75 $800 Task 3 Total Contingency Cost $5,200 $7,200 $2,250 $800 $15,450 $30,000 Project Total $853,660 DUDEK PWENG755 AGREEMENT FOR CONSTRUCTION ADMINISTRATION SUPPORT SERVICES PROJECT NO. 3686 (RRM DESIGN GROUP) THIS AGREEMENT is made and entered into as of the / V "*" day of 2010, by and between the CITY OF CARLSBAD, a_ municipal corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an architect that is experienced in construction administration support. B. Contractor has the necessary experience in providing professional services and advice related to construction administration support. 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 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 one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed four hundred seventy seven thousand nine hundred twenty five dollars ($477,925). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #05.06.08 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: Name William Plummer For Contractor: Name Don liler Title Deputy City Engineer Department Utilities City of Carlsbad Address 1635 Faraday Avenue Title Manager of Public Safety Services Address 232 Avenida Fabricante. Suite 112 San Clemente. CA 92672 Carlsbad. CA 92008 Phone No. (760) 602-2768 Phone No. (949)361-7950 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #05.06.08 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 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 Attorney Approved Version #05.06.08 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 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #05.06.08 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RRM DESIGN GROUP, a California corporation By: icipal iforoia (sign fiere) (print name/title) By: ATTEST: 'Mayor (e-mail addres 1/ORRAlNE M. City d (print name/title) ' (e-mail address 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: RONALD R. BALL.^ity Attorney By: )Qjl2 Av Deputy City AttoVney City Attorney Approved Version #05.06.08 STATE OF CALIFORNIA COUNTV OF SAN LUIS OBISPO On. before me,. a Notary Public in and for said State, personally appeared Nancy H. Herrmann who prowed to me on the basis of satisfactory evidence) to be the personf» whose name(OJs/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in .his/her/their authorized capacity(te& and that by his/her/their signature^ on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature NANCY H. HERRMANN Commission * 1743361 Notary Public - California San Luis Oblspo County My Comm. Expires Jun 1,2011 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On. before me,. a Notary Public in and for said State, personally appeared Nancy H. Herrmann who proved to me on the basis of satisfactory evidence) to be the personfi) whose namelSO js/are subscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity(te$), and that by his/her/their signature^ on the instrument the personfc), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature • i • - - > • « « "YNANCY H. HfcRHMANN t Commission #1743361 K Notary Public - California | San Luis Oblspo County - rrmdesigngroup creating environments people enjoy' Exhibit A RRM Design Group 232 Avenida Fabricante, Ste. 112 CARLSBAD JOINT FIRST RESPONDERS TRAINING FACILITY San Clemente, CA 92672 | Construction Administration Support - Basic Services P: (949) 361-7950 J Scope of Services and Fee f: (949) 361-7955 www.rrmdesign.com THE APPROACH As the Joint First Responders Training Facility enters into the construction phase of the project, RRM Design Group will provide construction administration support pursuant to the American Institute of Architects Guidelines for Basic Services as described below. This work will be a continuation of our existing contract for professional services, and will be considered Amendment No. 2 with a separate task number for billing purposes. In order to provide a fee for this work, RRM has to affix certain project assumptions. First is the estimated duration of the construction schedule - something that RRM has no control over. Second is quantity and scheduling of meetings during the construction period. For purposes of this proposal, RRM is assuming an eighteen (18) month construction period, and a maximum of twenty-six (26) on-site construction meetings. These two assumptions form the basis of this proposal and should the construction period extend beyond this assumption, or RRM is requested to attend more meetings by the City of Carlsbad, the additional time spent by RRM will be billed on a time plus material basis at RRM's current standard billing rates. CONSTRUCTION PHASE: BASIC SERVICES Task 9.0: Construction Administration / Construction Observation As one of the City's representative in the field during construction, RRM will be an additional set of eyes and ears for the City in regards to the quality of materials being installed, adherence to the design intent of the construction documents, and arbitrator in regards to construction questions being asked in the field. This is a very crucial role, and one that RRM does not take lightly. RRM will have a staff architect who specializes in construction administration with at least 5 years of experience performing these critical support services. Anticipated Products of Service: • Response to RFI's (maximum of 150 RFI's) • Submittal/shop drawing review (maximum of two reviews per submittal) • Review of Construction Progress Meeting Minutes (generation of meeting minutes by Dudek) • Clarifications/field questions • Review and processing of Change Orders/Architect's Supplemental Instructions, if necessary • Issuance of Certificate of Substantial Completion • Project Punch List, walk-thru items COMMUNITY | CIVIC & PUBLIC SAFETY | RECREATION | EDUCATION | URBAN ARCHITECTS | ENGINEERS | EXHIBIT DESIGNERS | LANDSCAPE ARCHITECTS | PLANNERS | SURVEYORS A California Corporation | Victor Montgomery. Architect *C11090 | |erry Michael, PE *36895, LS #6276 | Jeff Fcrber, 1A K2814 printed or) recycled paper i rrm ;i , - group creating environments people enjoy"Carlsbad Joint First Responders Training Facility Scope of Services and Fee September 15, 2009 Page 2 of 3 Meetings: • Attendance at pre-construction meeting at the project site • On-site review meetings of construction progress with field reports to a maximum of twenty-six (26) meetings as requested by the City • On-site review meetings of construction progress with field reports by consultants as follows: o Structural Engineer (maximum six (6) meetings) o MPE Engineer (maximum five (5) meetings per discipline) o Civil Engineer (maximum three (3) meetings) o RRM, Mark Graham as Burn Prop consultant (maximum six (6) meetings) o Shooting Range Consultant (maximum five (5) meetings) • Punch-list walk thru meeting • Substantial Completion confirmation walk-thru meeting /Warranty Review As the facility nears the warranty expiration period, RRM will meet with the City and conduct a thorough review of the facility in an effort to identify potential warranty issues for the General Contractor. RRM will prepare a list of items of concern, meet with the General Contractor and City, and review the warranty work performed by the General Contractor. Anticipated Products of Service: • Comprehensive warranty review of the facility, including system operations and workmanship of original installation • Preparation of Warranty punch list items Meetings: • Attendance at post occupancy, warranty period walk-thru of facility • Attendance at on-site warranty meeting with General Contractor • Attendance on-site to review completion of warranty items Exclusions Review of construction project schedule (by Dudek) Meeting minutes (by Dudek - review/comment only by RRM) Review of approval of Contractor's Application for Payment Record Drawings On-site construction progress meetings beyond twenty-six (26) meetings RFI review beyond one hundred fifty (150) RFI's Shop drawing review beyond two (2) reviews per submittal Consultant on-site construction progress meetings beyond those listed above rrnm group _.,...,_.._ _ . . _ creating environments people enjoyCarlsbad Joint First Responders Training Facility Scope of Services and Fee September 15, 2009 Page 3 of 3 Fee Proposal Pursuant to the attached Fee Proposal spreadsheet, RRM is proposing to perform construction administration support and post occupancy evaluation pursuant to the American Institute of Architects guidelines for Basic Services as described above on a time and material basis at RRM's noted billing rates. RRM annually revises our standard billing rates in January, and the rates indicated by the attached spreadsheet may be affected. The Cost Proposal is prepared as an estimated amount only. Actual hours may be more or less than those indicated. As RRM is responding to unknown contractor questions and performance, the amount indicated represents our best estimate of what the construction support services may cost the City of Carlsbad. CITY OF CARLSBAD JOINT FIRST RESPONDERS TRAINING FACILITY FEE PROPOSAL: CONSTRUCTION ADMIN SUPPORT - BASIC SERVICES PHASE IV: Construction Administration Services Kirk Van Cleave AIA Principal in Charge 185 I oer hour Don Her AIA Project Architect Mark Graham AIA Bill Graeber Mike Hutaff Brian Hannegan Assistant Project Architect Senior Construct Admin Landscape Designer $0 01 $0 128 $23.040 18571 $111,410 936 $102,9601 40 $4,6001 234 $18,720180 $4.800 $14,700 41 $740 I 8 $1,400 | 4 $720 I 32 $4,160 32! $3,520 I 8 $920 I 0 $0 4 $240 NOTES: - Fee to be billed on an hourly basis at RRM's standard rates, adjusted annually - Fee is based on an assumed 18 month construction period rrm group Eii creating environments people enjoy" PWENG754 AGREEMENT FOR GEOTECHNICAL OBSERVATION AND TESTING SERVICES PROJECT NO. 3686 (LEIGHTON CONSULTING, INC.) I **THIS AGREEMENT is made and entered into as of the * _ day of 2010, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Leighton Consulting, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in geotechnical observation and testing. B. Contractor has the necessary experience in providing professional services and advice related to geotechnical observation and testing. 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 one additional one (1) year periods or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be fifty four thousand nine hundred dollars ($54,900). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a City Attorney Approved Version #05.06.08 representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Bill Plummer Title Deputy City Engineer Department Engineering City of Carlsbad Address 1635 Faraday Avenue For Contractor: Name William D. Olson, P.E. Title Associate Engineer Address 3934 Murphy Canyon Road Suite B205 Carlsbad. CA 92008 Phone No. 760-602-2768 San Diego. CA 92123-4425 Phone No. 858-292-8030 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #05.06.08 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 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 Attorney Approved Version #05.06.08 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 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 City Attorney Approved Version #05.06.08 waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR LEIGHTON CONSULTING, INC., a California corpppati/n *By: cipal By: ATTEST: Mayor (sign here) ' I LORRAINE M. WDOp Clerk-' J k (print name/title) 6 (e-mail address) v«« j u 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: RONALD R. BALL, City Attorney Bv: X$Jt Q^ Deputy City Attorney City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date' personally appeared before me, /A/ Here Insert Name a^A nd^Title loat ^ '\ / Name(s) of Signer(s) DtBOWAHC Comminion * 1832141 NotvyPuMfc-CaNtonfe OCLANEY\ M832341 I • CaNtonfe | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^are subscribed to the within instrument and acknowledged to me that h^sbe/they executed the same in hTsfc^Elheir authorized capacity(ies), and that by jjs/tec/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Place Notary Seal Above al seal vA^£/U£ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual U Corporate Officer —Title(s): D Partner — D Limited D General U Attorney in Fact D Trustee LJ Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: U Individual D Corporate Officer — Title(s): D Partner — D Limited i ! General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402* www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY September 11,2009 RECEIVED SFP 1 ~l 2009 ENGINEERING DEPARTMENT Project No. P604-00613 To:City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Attention: Mr. Bill Plummer, PE Subject: Introduction Proposal for Geotechnical Observation and Testing, Materials Testing, and Special Inspection during Construction, Proposed Carlsbad First Responder's Joint-Use Training Facility, Carlsbad, California In accordance with your request, Leighton Consulting, Inc. (Leighton) is pleased to submit this proposal and cost estimate to provide geotechnical, materials testing and special inspection services during grading and construction of the proposed Carlsbad First Responder's Joint-Use Training Facility, located in Carlsbad, California. We anticipate Leighton's work will consist of geotechnical observation and testing services during the rough, fine and post grading. In preparation of this proposal, we have reviewed our previous site geotechnical report, and reviewed preliminary project plans (i.e., grading and foundation plans). As requested, we are also including, as an option, Materials Testing and Special Inspection for the project. Note that this if selected, it will be managed by Leighton as a subtask to this Geotechnical Services Contract with its own estimated budget. Based on our current understanding of the project, we will perform the geotechnical services during construction on time-and-materials basis in accordance with the attached 2009 Professional Fee Schedule with 20 percent discount and our field technicians are subject to Prevailing Wage. Therefore, we will also be offering a Senior Tech at prevailing wage rate of $85 per hour. Proposed Scope of Work In general, the scope of work will include geotechnical observation and testing services during the rough, fine and post grading of the proposed site, and an optional materials testing and special inspection services during construction of the buildings, if selected. 3934 Murphy Canyon Road, Suite B205 « San Diego, CA 92123-4425 858.292.8030 » Fax 858.292.0771 P604-00613 Task A - Geotechnical Services during Rough & Fine Grading • Attendance at one preconstruction meeting. • Full time testing and observation services during the grading are required by the City. Testing and observation services during the rough and fine grading (i.e., site preparation, grading, and placement of fill to the proposed site grades). Based on our current understanding, we have assumed 3 weeks or 120 field hours for the rough and fine grading. Actual time of our services will ultimately be dependent upon the contractor's operations and progress. • Laboratory testing of representative earth materials will include the following: maximum dry density and optimum moisture content (2 tests), expansion potential (4 tests), and soluble sulfate content (4 tests). • Conduct site visits during the rough and fine grading by the project geologist and/or field supervisor to observe and evaluate field conditions; provide additional field recommendations, and for verifying substantial conformance with project specifications and geotechnical recommendations (less than 4 field hours including travel time). • Preparation of a final as-grade report upon completion of the fine grading presenting the results of our testing and observation services and summarizing our findings, conclusions, and recommendations for any subsequent construction. • Client Consultation and Office Engineering (16 hours Associate Engineer). Task B- Geotechnical Services during Post Grading Similar to the services for rough and fine grading, the scope of work and cost for geotechnicai services during the post grading operations are ultimately dependent upon the contractor's operations and progress. Please note that many of the post-grading activities may overlap and have been considered in the estimation of the cost for our services. Leighton's proposed scope of work during the post grading will include the following: • Test and observe backfills associated with the southern building perimeter retaining walls (assumed 120 hours field time). • Test and observe utility trench backfills (assumed 100 hours field time). • Observation and testing of parking area subgrade, and aggregate base placement and compaction. The assumed schedule is 5 days (i.e. assumed 40 hours field time). • Conduct periodic site visits during the post grading operations by our project geologist/engineer and/or field supervisor to observe and evaluate field conditions; provide additional field recommendations, and for verifying substantial conformance with project specifications and geotechnical recommendations (assumed 4 hours of Project Geologist field time). • Observe and document building and wall footing excavations (assumed 40 hours field time). • Perform in-grading laboratory testing of representative earth materials to determine the following engineering properties: maximum dry density and optimum moisture content (2 test). • Project Management, Office Engineering and Client Consultation (40 hours). -2-Leighton P604-00613 • Prepare miscellaneous letters regarding the post grading operations and one as-grade report of post grading presenting the results of our testing and observation services and summarizing our findings, conclusions, and recommendations (if any). Task C- Optional Material Testing and Special Inspection • Reinforced Concrete Materials Testing Our services will consist of testing of concrete used in concrete construction for the project. We will provide an inspector that has been certified by ICC as a special inspector for reinforced concrete. His work will consist of inspection of placement of all reinforcing steel during the construction of the structures for compliance of the approved plans and job This scope of services will also include material testing of portland concrete cement (PCC) cylinders. Compression testing of concrete specimens molded by our representative will be performed in accordance to ASTM C39. Written reports of all tests presenting applicable information will be prepared at the completion of testing. • Structural Masonry Materials Testing We will provide an inspector that has been certified by ICC as a special inspector for structural masonry. His work will consist of inspection of placement of all reinforcing steel and masonry units during the construction of the structures for compliance of the approved plans and job specifications. This scope of services will also include material testing of mortar and grout. Compression testing of composite masonry prisms, mortar cylinders and grout prism test specimens molded by our representative will be performed in accordance to ASTM E447, C780 and C1019. Written reports of all tests presenting applicable information will be prepared at the completion of testing. • Structural Steel - Field Welding We will provide an inspector that has been certified by ICC as a special inspector for welding. His work will consist of inspection of all welds made during the field erection for compliance of the approved plans and job specifications. He shall make a systematic record of all welds, including a list of defective welds and a manner of correction of defects. The inspector will check the material, equipment, details of construction and procedures, as well as the welds. He will also check the ability of the welder. The inspector may use gamma ray, sonic or any other aid for visual inspection that he may deem necessary to assure the adequacy of the welding. During the welding inspection, our inspector will also inspect the installation of the high strength bolts for conformance to the job specifications. Our inspector will check the materials, equipment, and details of construction and installation procedure. Leighton P604-00613 Daily reports of his inspections will be provided to the owners designated representative and weekly summary reports will be provided to the owner. A verified report that welding which has been inspected is proper and has been done in accordance to the approved plans and specifications will be provided upon completion of the work. • Construction Materials Project Management This scope of work will consist of reviewing inspection reports and laboratory test results for construction materials inspected and tested by our firm for use on this project. Daily inspection reports from our inspectors in the field will be reviewed and prepared for distribution. Laboratory tests results will also be reviewed, checked for correctness, and prepared for distribution. Inspection concerns encountered in the field and noted in the daily reports, and any material tested and found to be outside project specifications, will be brought to the attention of the inspector of record. Supervision QA/QC and project management will be provided by our Civil Engineer of Record and Materials Inspection Manager, as needed Assumptions: The scope and cost of special inspection and material testing can vary markedly depending on the final configurations of structural elements (quantities for testing) and the contractor's performance of work and adherence to schedule (hours for inspection). The following was assumed in developing the attached estimate: The City of Carlsbad First Responder Training Facility project consists of new construction of three new buildings, including: a 2-story shooting range and classroom facility, a commercial burn prop and a residential burn prop. Work includes (but is not limited to): on-site improvements, masonry, steel and wood construction, electrical, mechanical, plumbing, fire sprinkler and alarm systems. 1. Definition of the City of Carlsbad First Responder Training Facility project: a. Reinforced concrete slab on grade; column pad footings; continuous wall footings; SC Porte Cochere pad footings; elevator pit slab & walls; concrete walls, lintels & pilasters; elevated slabs; and 8 inch P.C.C. paving. b. Masonry (8" & 12" CMU) wall construction at the Shooting Range/Classrooms, Burn Prop. Commercial Building and Burn Prop. Residential Building. c. Structural steel construction includes welding and bolting of 2n level, low roof and high roof framing at the Shooting Range/Classrooms; 2nd, 3rd, & 4th partial floor framing, screen, high canopy and partial low roof framing for the SC Porte Cochere at Burn Prop. Commercial Building; and 2nd floor and roof framing at the Burn Prop. Residential Building -4-Leighton P604-00613 2. The City of Carlsbad First Responder Training Facility project will be constructed in accordance with the California Building Code 2007 Edition. 3. Our estimate was based on review of the architectural and structural drawings by RRM Design Group and RSSE Structural Engineers, Inc. dated May 15, 2009 (90% Construction Documents Not For Construction). A construction schedule was not available for review in preparing our estimated materials testing and inspection budget. We have assumed that will be approximately 4500 cubic yards of concrete placed in 45 placements, 560 hours of structural masonry inspection, and 280 hours of onsite structural steel erection, bolting and welding inspection. Our masonry inspection estimate was based on 750 square feet of concrete masonry wall being constructed per day. 4. 5. Hours of Work: a. Normal work day shift of 8 hours per day, 40 hours per week, Monday thru Friday. Exclusions from the Estimate: a. Site concrete and masonry inspection and materials testing except for site PCC paving. b. Structural steel shop fabrication inspection (assume approved fabricator). Changes to the drawings and specifications and updates to the construction schedule may affect our scope and budget. Material testing and special inspections not referenced in our estimated budget will be charged in accordance with our fee schedule in effect at the time other work is initiated. No consideration is given for overtime and costs of inspection at local or remote prefabrication plants. Cost Geotechnical services during construction will be performed on a time-and-materials basis in accordance with the attached 2009 Professional Fee Schedule with 20 percent discount. In addition, our Technicians will be billed at lower rates, as discussed above. A summary level breakdown of our estimated budgets for each task of the project is presented below. Summary of Estimated Budgets Task A B C Description Rough and Fine Grading Post Grading Task A and B Subtotal Materials Testing and Special Inspection (Optional)* Total Budget $18,100 $36,800 $54,900 $141,300 $196,200 * Detail breakdown is presented in an attachment. Should the assumptions and/or limitations discussed in this proposal be exceeded, any necessary work will be continued on a time-and-materials basis in accordance with the attached 2009 -5-Leighton P604-00613 Professional Fee Schedule with 20 percent discount with our Technicians will be billed at lower rates, as discussed above. We will provide daily field reports documenting the hours worked and activity performed to your field supervisor. In addition, this proposal and fee estimate do not include the following items: • Activities including (but not limited to) analyses in response to unanticipated field conditions, slope stability analysis, work related to settlement monitoring and/or analysis, additional laboratory testing not specified herein, and analyses required for evaluation of grading methodology. • Meetings with Leighton's non-field personnel, or subsequent grading and/or foundation plan reviews. • Storm-damage-related earthwork requiring geotechnical consulting. • Any work related to the identification, observation, testing or handling of contaminated, toxic or hazardous materials that may be encountered. Should such materials be encountered, or their existence is suspected, you will be informed. Insurance Leighton maintains general liability and automobile insurance coverage with a limit of $1,000,000 professional liability (errors and omissions) insurance in the amount of $2,000,000 for each occurrence and $4,000,000 aggregate, and is insured against liability for worker's compensation. Copies of our certificates of insurance can be sent to your office upon requested. If you have any questions regarding our proposal, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON CONSULTING, INC. William D. Olson, PE Associate Engineer Attachments: 2009 Professional Fee Schedule with 20 percent discount Materials Inspection & Testing Estimated Budget -6-Leighton Prop. No. P60400613 Materials Inspection & Testing Estimated Budget City of Carlsbad First Responder Training Facility Unit Quantity Rate Cost Task 1. Concrete 6200 Special Inspection Concrete ICC 6230 Technician - Materials (ACI concrete sampling) 6242 Pick-up and Delivery 7200 Concrete Cylinders (6"x 12") - Compression Task 2. Masonry 6204 Special Inspection Masonry ICC 6242 Pick-up and Delivery 7260 Mortar Cylinders (2"x4") 7262 Grout Prisms (3"x6") 7269 CMU Grouted Prisms (Compression Test < 8"X8"X 16") 7280 CMU Grouted Prisms (Compression Test > 8"X8"X16") Task 3. Structural Steel/Welding 6202 Special Inspection Structural Steel/Welding & Bolting ICC 6260 Non-Destuctive Testing (NDT) of Welds Task 4. Administrative Services 6100 Project Management / Materials Inspection Manager 7103 Administration / Secretarial Time 7105 Review of Files for Final Letter of Affidavit (min. 2 hours) OVERTIME IS NOT INCLUDED Hours Hours Each Each 480 284 45 228 $68.00 $68.00 $80.00 $25.00 $32,640.00 $19,312.00 $3,600.00 $5,700.00 Sub-total $61,252.00 Hours Each Each Each Each Each 560 20 48 72 29 11 $68.00 $80.00 $25.00 $25.00 $180.00 $250.00 Sub-total $38,080.00 $1,600.00 $1,200.00 $1,800.00 $5,220.00 $2,750.00 $50,650.00 Hours Hours 280 16 $68.00 $92.00 Sub-total $19,040.00 $1,472.00 $20,512.00 Hours Hours Hours 35 42 8 $110.00 $78.00 $215.00 Sub-total $3,850.00 $3,276.00 $1,720.00 $8,846.00 TOTAL | $141,260.00 The above schedule of charges is based on our 2009 Amended Fee Schedule. The rate for a certified special deputy concrete inspector for this project is $68/hour at a daily four-hour minimum. Any hours worked in excess of the four-hour minimum will be charged at the eight-hour daily rate. Same-day cancellations will be charged as a two-hour minimum. Additional inspectors, overtime, and material testing not stated above will be provided as requested in accordance with our contract. Our services are dependent upon the contractor's work schedule. Variances to the construction schedule resulting in additional hours, trips, or tests are subject to additional fees as shown in the above estimate and attached 2009 Amended Fee Schedule P60400613 for the City of Carlsbad First Responder Training Facility project. Leighton Leighton 2009 PROFESSIONAL FEE SCHEDULE* w/ 20% Discount PROFESSIONAL SERVICES Technical Staff Hourly Rate Technician I $60 $83 Technician II 65 93 Senior Technician 70 404 Laborer (Prevailing Wage) ** 83490 Soil/Field Technician (Prevailing Wage) ** 85446 Materials Inspection Manager 92440 Staff Engineer/Geologist/Scientist/Field Supervisor 101 424 Senior Staff Engineer/Geologist/Scientist 115438 Operations Manager/Equipment Operator 133466 Project Engineer/Geologist/Scientist 133 460 Senior Project Engineer/Geologist/Scientist 147476 Associate 165 498 Principal 179246 Senior Principal 216359 Technical Support Staff Hourly Rate Administrative Assistant/Word Processor $65 $?8 Information Specialist 88406 CAD Operator 92440 GIS Specialist 104426 Miscellaneous Unit Rate Vehicle usage $546 per hour Nuclear density gauge N/C88 per day FTP Site Set Up 75 each * Effective through December 31, 2009, after which remaining work will be billed at then-current rates. ** Subject to change based upon project advertised date and changes in California prevailing wage rates. 9060 302-1-09 Leighton 17781 Cowan | Irvine, CA 92614 p | 866-Leighton f\ 949-250-1114 Leighton | 2009 Fee Schedule EQUIPMENT LIST Task Equipment, Supplies and Materials 9515 Air Compressor - portable 9563 Air Flow Meter and Purge Pump (200 cc/min) - Low Flow 9516 Brass / SS Soil Sample Tubes 9594 Caution Tape (1000-foot roll) 9564 Core Sample Boxes 9532 Core Sampler & Hammer 9565 Cutoff Saws, reciprocating, electric (Saws-All) 9566 D.C. Purging Pump, 3 gpm 9555 DOT 55-gallon Containment Drums 9517 Disposable Polypropylene Bailers 9567 Dissolved Oxygen Meter 9537 Generator, Portable, 3,500 watts 9512 Field Truck / Day 9569 Four Gas Meter (RKI Eagle) / Day 9590 GPS Unit (Trimble), Roving Surveying Equip. 9540 GPS Station 9531 Hand-Auger Sampling System 9569 Hand-Held Electric Water Pump 9538 In-Situ Level Troll 500 (each) 9539 In-Situ Troll 9500 Low Flow Water Sampling Equipment 9571 Jackhammer, electric, 90 Ib 9543 Level B Protection 9544 Level C Protection 9573 Locking Monitoring Well Cap 9574 Magnahelic Gauges, each 9533 Misc. Field Items (consumables: OVA cartridges, gloves, string, etc) 9559 Oil-Water, Dual-Stage Interface Probe 9553 Padlock, Standard #3 9554 Padlock, Oversize #5 9522 pH/Conductivity/Temp Meter 9549 Photo-lonization Detector (PID) / Day 9562 Photo-lonization Detector (PID) / Week 9557 Pump, 2 Stage 9558 Pump, 4 Stage w/ controller 9525 Reusable SS Bailers 9581 Slip / Treaded Cap, 2" or 4" PVC, schd 40 9593 Snow Fence (100-foot roll) 9541 Soil Sampling Tripod 9542 Soil Sampling T-handle (Encore) 9595 Survey Stakes 9526 Submersible Pump, 10 gpm, high powered Grunfos 2" & Controller 9527 Submersible Sump/Transfer Pump, 10-25 gpm 9585 Tedlar Bags 9586 Traffic Cones/Barricades 9587 Trash Pump, 3-inch 400 gpm surface pump 9556 Tubing, Clear Vinyl 3/8-inch to 1/4-inch 9528 Turbidity Meter 9548 Tyvek Suit 9529 Vapor Sampling Box 9545 Vacuum Gauge (Digital) / Manometer (O&M Monitoring Eq.) 9546 VelociCalc (O&M Monitoring Eq.) 9588 Visqueen, 6-mil, 20'x100'roll 9536 Water Level Indicator (electronic well sounder) 100/200/300' 9534 Tiltmeter, inclinometer and extensometer reading units Rate $100 per day 80 per day 8 per day 15 each 15 each 25 per day 45 per day 25 per day 60 each 12 each 40 per day 75 per day 125 per day 120 per day 50 per day 150 per day 100 per day 60 per day 50 per day 120 per day 100 per day 300 per day 180 per day 25 each 10 per day 30 per day 50 per day 18 each 25 each 45 per day 110 per day 440 per week 45 per day 60 per day 20 per day 8 each 15 per day 30 per day 15 per day 5 each 160 per day 45 per day 15 each 40 per day 75 per day .450 per foot 70 per day 12 each 40 per day 20 per day 35 per day 75 per roll 40 per day 210 per day p | 866-Leighton f\ 949-250-1114 9060302 - 1-09 Leighton page 1 | 2 Leiqhton Leighton | 2009 Fee Schedule EQUIPMENT LIST (Continued) Task Equipment, Supplies and Materials Rate 9596 Water Quality Checked (pH, conductivity, turbidity, DO temp, Salinity) $110 per day 9521 Other Equipment Upon Request 6300 Skidmore-Wilhelm bolt cell 40 per day 6301 Small torque wrench 15 per day 6309 Big torque wrench 20 per day 6302 Air meter 25 per day 6303 Radiometer 50 per day 6304 Schmidt Hammer 30 per day 6307 110V, 50A geneator 125 per day 6308 Brass mold 15 per day 9597 Double-Ring Infiltrometer (ASTM D3385) 350 per day p I 866-Leighton f \ 949-250-1114 page 2 \ 2 9060 302 - 1-09 Leighton LeJClhtOn (' ''^ Leighton | 2009 Fee Schedule SCHEDULE OF SERVICES - SOILS TESTING (Double Hydrometer) Task Identification & Index Properties 8002 Moisture Content 8003 Moisture and Density (Ring Samples) 8004 Moisture Content & Density (Shelby tube or requires cutting) 8005 Atterberg Limits (3 points) 8006 Single Point / Nonplastic 8024 Atterberg Limits (Organic) 8007 Visual classification of point as nonplastic 8008 Particle Size: Sieve (11/2" to -#200) 8023 Particle Size: Sieve (6" to -#200) 8009 Hydrometer only 8010 Sieve & Hydrometer 8011 Dispersive Characteristics of Clay Soil 8012 Specific Gravity: Fine (passing #4) 8013 Coarse (retained on #4) 8014 Total Porosity - On Shelby tube sample 8015 Total Porosity - On other sample 8016 Photograph of sample 8017 Shrinkage Limits (Wax Method) 8018 Pinhole Dispersion 8020 Percent Passing #200 Sieve 8021 Moisture & Density (Chunk Samples) 8022 Sand Equivalent Soil Chemistry 8050 pH 8051 Electrical Resistivity - single point - insitu moisture 8052 Minimum Resistivity (minimum of 3 points) 8053 pH & Minimum Resistivity 8054 Sulfate Content - Gravimetric 8055 Sulfate Screen 8056 Chloride Content 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravimetric) 8058 Organic Matter Content Shear Strength 8070 Pocket Penetrometer 8072 Direct Shear (3 points) Consolidated Undrained - 0.05 in./min. 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in./min. 8074 Residual Shear (price per pass after shear) 8075 Remolding or Hand Trimming of specimens (3 points) 8076 Oriented or Block Hand Trimming (per hour) 8077 Daily equipment usage rate (after 2 days) 8079 Single Point Shear 8080 Torsional Shear Compaction & Bearing Capacity 8090 R-Value - Untreated 8091 R-Value - Lime or cement treated soils (<7% additive) 8094 Standard Proctor Compaction - 4 points 8092 4 inch mold 8093 6 inch mold Modified Proctor Compaction (Max Density) - 4 points 8100 4 inch mold 8101 6 inch mold Method ASTM D2216 ASTM D-2937 ASTM D 2937 ASTM D 4318 ASTM D 4318 ASTM D 2487/4318 ASTM D 2488 ASTM D 422 ASTM D422/C136 ASTM D 422 ASTM D 422 ASTM D 4221 ASTM D 854 / CTM 207 ASTMC 127/CTM 206 calculated from density & specific gravity ASTM D 4943 ASTM D 4647 ASTM D 1140 ASTM D 2419/CTM 217 Method CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 417 Part 11 HACH kit CTM CA Test 422 CTM CA Test 532/643 ASTM 2974 Method ASTM D 3080 mod. ASTM D 3080 EM 1110-2-1906-IXA Method CTM 301 CTM 301 ASTM D 698 Methods A&B Method C ASTMD 1557 Methods A&B Method C Per Test $20 30 40 150 84 182 11 110 175 110 185 89 125 100 137 105 11 126 210 70 58 105 Per Test $42 42 89 131 68 32 68 245 63 Per Test $16 285 345 70 90 58/hour 35/day 105 620 Per Test $310 338 182 215 220 245 p | 866-Leighton f\ 949-250-1114 9060 302- 1-09 Leighton page 1 | 2 Leiqhton (0 Leighton | 2009 Fee Schedule 8102 8103 8104 8105 8000 8120 8121 8122 8127 8123 8124 8125 8126 8140 8141 8142 8143 8145 8146 8148 8162 8163 8164 8169 8106 8130 8161 SCHEDULE OF SERVICES - SOILS TESTING (Continued) Method Check Point Relative Density (0.1 cubic foot mold) California Bearing Ratio (CBR) - 3 point * - 1 point * * Compaction (Max Density) should also be performed - not included in above prices Relative Compaction of Untreated & Treated Soils & Aggregates CTM 216 ("Cal 216"- Caltrans wet density compaction curve) ASTM D 4253, D 4254 ASTMD1883 Triaxial Tests Unconfmed Compression Strength of Cohesive Soil (with stress/strain plot) Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USAGE Q test) (per confining stress) Consolidated Undrained Triaxial Compression Test for Cohesive Soils (CU, USAGE R-bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) Consolidated Drained Triaxial Compression Test (CD, USAGE S test) with Volume Change Measurement Sand or silty sand soils (per confining stress) Silt or clayey sand soils (per confining stress) Clay soils (per confining stress) Three-stage Triaxial Tests Consolidation & Swell Tests Consolidation (11 loads up to 16 ksf & unload to .25 with Strain vs. P curve and one Time curve) Each additional Time Curve Each additional load/unload w/o Time Reading Expansion Index Swell/Collapse Test - Method A (Up to 10 load/unloads w/o time curves) Single Load Swell/Collapse Test - Method B (Seat, load, and inundate only) Collapse Potential of Soils Hydraulic Tests Triaxial Permeability in Flexible-Wall Permeameter with Backpressure Saturation (at One Effective Stress) - Each Additional Effective Stress - Hand Trimming of Soil Samples for Horizontal K Remolding of Test Specimens Soil-Cement Moisture-Density Relations of Soil-Cement Mixtures Compressive Strength of Molded Soil-Cement Cylinders (per cylinder) Remolded Specimen Method ASTM D 2166 ASTM D 2850 ASTM D 4767 EM 1110-2-1906(X) Per Test $65 236 500 184 250 Per Test $135 168 375 Method ASTM D 2435 ASTM D 4829 ASTM D 4546-A ASTM D 4546-B ASTM D 5333 375 500 705 Above price + 75% Per Test $195 45 42 131 289 105 220 Method EPA 9100/ASTM D 5084 (Falling Head Method C) Method ASTM D 558 ASTM D 1633 8200 Box of Rings Per Test $310 121 58 58 Per Test $200 50 236 125 p | 866-Leighton f\ 949-250-1114 9060 302 • 1-09 Leighton page 2 \ 2 Leighton ?V>' Leighton | 2009 Fee Schedule MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES Prevailing Wage** $68 $68 $68 89 Prevailing Wage** $68 85 85 85 85 100 100 Task Special Inspection Services (field) 6200 Special Inspection Concrete ICC 6201 Special Inspection Post-Tension Concrete ICC 6202 Special Inspection Structural Steel/Welding & Bolting ICC 6203 Special Inspection Welding AWS/CWI 6204 Special Inspection Masonry ICC 6205 Special Inspection Masonry DSA 6207 Special Inspection Asphalt 6208 Special Inspection Fireproofing ICC 6211 Special Inspection Shotcrete or Gunite ICC 6212 Special Inspection Shotcrete or Gunite DSA 6213 Special Inspection Epoxy Injection & Anchors 6214 Batch Plant Inspection Concrete/Asphalt 6217 Fabrication Inspection (Local) AWS/CWI, ICC, Glulam 6218 Fabrication Inspection (Outside Southern California) 6219 Inspector Verified Report (DSA-5/DSA-6) Task Technician Services 6230 ACI Concrete/Rebar Tag & Sample 6233n Pachometer Survey 6234° Schmidt Hammer Survey 6235n Moisture Testing 6236n In-situ surface Wenner soil resistance test (including equipment) 6237n Pull-out Test on Embedded Bolts, Anchors and Dowels (including equipment) 6238« Earth Anchor Hold Down Test (4 hour, full load application with tests 5 minimum) 6239n Earth Anchor Hold Down Test (Prelude / short term with full load) 6240n Coring Concrete, Masonry or Asphalt in Field 6241 n Sawing Concrete, Masonry or Asphalt in Field 6242 Pick-up and Delivery - (weekdays, per trip, <50 mile radius from Leighton office) 6232 Coring and Sizing (in house, at Leighton laboratories) 7120 Laboratory Technician (at Leighton laboratories) a Portal to Portal Task Concrete Strength Characteristics Method 7200 Concrete Cylinders (6-inch by 12-inch)-Compression ASTM C-39 7201 Gunite /Shotcrete Cores (laboratory coring and testing only) ASTM C-42 7202 Lightweight Fill Concrete (3-inch by 6-inch) ASTM C-495 7203 Compression, Concrete or Masonry Cores (testing only) <6-inch diameter ASTM C-42 7220 Trimming concrete cores (per core) 7204 Splitting Tensile-6-inch by 12-inch cylinder ASTM C-496 7205 Flexural Strength of Concrete (Simple Beam with 3rd pt. Loading) ASTM C-78 7206 Mix Design, Determination of Proportions 7207 Mix Design, Review of Existing 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C-192 7209 6-inch by 12-inch Cylinder, Make and Test (lab trial batch) ASTM C-192 7210 3-inch by 6-inch Grout Prisms, Make and Test (lab trial batch) ASTM C-192 7211 6-inch by 6-inch Flexural Beams, Make and Test (lab trial batch) ASTM C-192 7213 Cylinder molds, 6-inch by 12-inch, 2-inch by 4-inch when not used with testing 7214 Unit Weight of Hardened Light weight Concrete ASTM C-567 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C-684 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C-157 7217 Modulus of Elasticity/Poisson's Ratio 3-inch by 6-inch cores ASTM C-469 7376 Flexural Strength of Concrete (simple beam w/ center point loading) f CTM 523 (e** «§ 85 8§ 89 85 89 85 85 85 89 85 85 89 Non-Prevailing $70 70 70 76 70 76 70 70 70 76 70 70 76 Quote upon request, site-specific 76 Non-Prevailing $70 70 70 70 85 85 Quoted based on location Quoted based on location Quoted based on location Quoted based on location 80 80 80 Per Test $25 60 30 40 20 50 65 250 150 457 25 25 65 3 50 50 400 350 65 P60400613 City of Carlsbad First Responder Training Facility p | 866-Leighton f \ 949-250-1114 page 1 | 3 9060 302 - 1-09 Leighton 4,.Leiqhton 10 Leighton | 2009 Fee Schedule Task 7240 7241 7242 7243 7244 7249 7245 7246 7370 7373 7247 7248 Task 7260 7261 7262 7263 7264 7265 7266 7267 7268 7269 7280 7281 7283 7284 Task 7290 7291 7292 7293 7294 7295 7296 7297 Task 7300 7301 7302 Task 7310 7311 7312 7313 7314 7315 7316 Task 7320 7321 7322 Aggregate Properties Sieve Analysis of Fine and Coarse Aggregate Sieve Analysis-Finer than #200 (Wash) LA Rattler-Smaller Coarse Aggregate < LA Rattler-Larger Coarse Aggregate > Soundness Magnesium Soundness Sodium Organic Impurities Clay Lumps, Friable Particles Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) >K Grading & Specific Gravity Calculation t Durability Index Cleanness Value of Coarse Aggregate Masonry Mortar Cylinders (2-inch by 4-inch) Mortar Cubes (2-inch by 2-inch) Grout Prisms (3-inch by 6-inch) Compression, Concrete or Masonry Cores, <6-inch diameter (Testing Only) CMU Compression (3 required) to size 8-inch by 8-inch by 16-inch CMU Compression (3 required) greater than 8-inch by 8-inch by 16-inch CMU Moisture Content, Absorption & Unit Weight (6 required) Masonry efflorescence (5 required) CMU Linear Drying Shrinkage CMU Grouted Prisms (compression test ^ 8 inch by 8-inch by 16-inch) CMU Grouted Prisms (compression test > 8-inch by 8-inch by 16-inch) Masonry Core-Shear Title 24 (Test Only) Specimen Prep (Sample by others) CMU width, depth and face shell measurements Brick Compression (5 required) Modulus of Rupture (5 required) Absorption, Soak (5 required) Absorption, Boil (5 required) Absorption, Saturation Coefficient (5 required) Initial Rate of Absorption (5 required) Efflorescence (5 required) Efflorescence with Mortar (5 required) Steel Reinforcement Tensile Test, Up to No. 10 Tensile Test, No. 1 1 and over Bend Test, Up to No. 1 1 Structural Steel Tensile Strength, <1 00,000 pounds axial load Tensile Strength, 100,000 to 200,000 pounds axial load Bend Test Pipe Flattening Test Machining and Preparation of Samples Brinell & Rockwell Hardness Test Chemical Analysis, Carbon and Low Alloy Steel Pre-stressing Prestressing Wire, Tension (stress vs. strain plot) Sample Preparation (cutting) Prestressing cable, 7 wire (Breaking strength/Modulus of Elasticity) Method ASTM C-136 ASTM C-117 ASTM C-131 ASTM C-535 ASTM C-88 ASTM C-40 ASTM C-142 CTM 201 & 202 CTM 105 CTM 229 CTM 227 Method ASTM C-780 ASTM C-109 ASTM C-1019 ASTM C-42 ASTM C-140 ASTM C-140 ASTM C-140 ASTM C-67 ASTM C-426 ASTM E-447 ASTM E-447 Method ASTM C-67 ASTM C-67 ASTM C-67 ASTM C-67 ASTM C-67 ASTM C-67 ASTM C-67 ASTM C-67 Method ASTM A-370 ASTM A-370 ASTM A-370 Method ASTM A-370 ASTM A-370 ASTM A-370 ASTM A-370 ASTM A-370 ASTM A-370 Method ASTM A-416 ASTM A-416 Per Test $135 90 165 190 225 650 90 175 265 80 200 210 Per Test $25 25 25 40 45 50 40 40 175 180 250 70 50 40 Per Test $40 40 40 50 50 40 55 65 Per Test $45 100 45 Per Test $45 60 40 Quote Quote 55 Quote Per Test $150 50 190 •+-. -*&P6040061 3 City of Carlsbad First Responder Training Facility fllF p 1 866-Leighton f\ 949-250-1114 page 2 1 3 ^Iff' 9060 302 - 1-09 Leighton Leighton [/; 6 Leighton | 2009 Fee Schedule Task Weld Procedure and Welder Qualifications 6320 Welder Certification/Weld Procedure Review (AWS/CWI) 7330 Weld Tensile Test 7331 Weld Bend Test 7332 Weld Macro-Etch 7333 Bolt Tensile Test 7334 Bolt, Nut or Washer Hardness Test 7335 Bold Elastic Proof Load Test Task Fireproofing 7340 Unit Weight (Density) Task Asphalt Concrete, Specimen Testing 7350 Extraction, Percent Asphalt and Gradation, Centrifuge 7351 Extraction & Percent Asphalt (only), Centrifuge 7355 Extraction and Gradation Only, Centrifuge 7352 Bulk Specific Gravity - Molded Specimen or Cores 7353 Maximum Density - Hveem 7354 Stabilometer Value 7357 Bituminous Mixture Preparation 7377 Moisture Content of Asphalt t 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t 7379 Extraction by Ignition Oven Rubberized Asphalt Task Mix Design/Control 7360 Mix Design - Hveem Including Aggregate Tests per Design 7361 Mix Design - Marshall Including Aggregate Tests per Design 7362 Field Mix - Hveem Stability per point 7363 Field Mix - Marshall Stability per point Task Moisture Vapor Emission Rate (MVER) Test 6325 Moisture Test Kit (excludes labor to perform test) Task Other Services 6260 Non-Destructive Testing (NOT) of Welds 6259 Radiographic Testing 6270 Project Closeout T soil t material >K soil & materials Method UBC Std. 7-6 Method ASTM D2172/C 136 ASTM D2172 ASTM D2172/C 136 ASTM D-1188 CTM 308 CTM 366 CTM 304 CTM 370 CTM 125 CTM 382 (8/2003) Method ASTM D1560/CTM366 ASTM D 1559 ASTM D1560/CTM366 ASTM D 1559 Method ASTM E-1907 Method ANSI Rate $85/hour 50 each 40 each 60 each 50 each 50 each 50 each Per Test $60 Per Test $195 155 175 55 125 265 80 60 per hour Quote 150 add 25% Per Test Quote Quote $200 200 Per Test $60 Rate $92 per hour Quote 215 per hour P60400613 City of Carlsbad First Responder Training Facility p | 866-Leighton f \ 949-250-1114 page 3 \ 3 9060 302 - 1-09 Leighton Leighton Leighton | 2009 Fee Schedule TERMS AND CONDITIONS Overtime for field personnel will be charged at 1.5 times basic hourly rates up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on holidays. Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. Invoices are rendered monthly, payable upon receipt. Proposals are valid for 30 days, unless otherwise stated in the proposal. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, subsistence, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to, and paid by client. Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery. These rates are predicated on standard insurance coverage and a limit of liability to our fees for the project. For "paid when paid" contracted work, Leighton shall receive payment within 10 calendar days from when our Client receives payment for our services. Minimum Hourly Charges for Geotechnical and Environmental Technicians: 1. Monday-Friday 2 hours 2. Saturday and Sunday 4 hours Minimum Hourly Charges for Special Inspectors or Material Field Services (field time only): 1. Cancellation of inspections not canceled by 4:00 p.m. on preceding day 2 hours 2. One-half working day or less except as No. 3 below applies 4 hours 3. Over one-half working day/or begins before noon and extends into afternoon 8 hours All soil samples should be free of hazardous materials. Standard turn-around time for test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Cylinder Holds: After all designated 28-day breaks for a given set meet specified compressive strength, all "hold" cylinders will be automatically disposed of, unless specified in writing prior to the 28-day break. Cancellation of Field Services: No charge if made before 4:00 p.m. of the preceding work day. See Minimum Charge. Parking: When not furnished, parking will be charged at cost plus 20%. License & Permits: Additional cost of any special licenses or permits for a project will be billed at cost plus 20 percent. P60400613 City of Carlsbad First Responder Training Facility p | 866-Leighton f \ 949-250-1114 page 1 11 9060302- 1-09 Leighton Leiqhton Joint First Responder Training Facility Construction Contract Award Bill Plummer April 13, 2010 Joint First Responder Training Facility •Location: Orion Way -Safety Center Site •Features: –Shooting range/classroom building 25 yard handgun & 100 yard rifle, classroom, range master office, control room, firearms/judgment training simulator –Commercial & residential burn props, training ground, perimeter wall, landscaping •No impacts to existing buildings and skate park RESIDENTIAL FIRE PROP COMMERCIAL FIRE PROP SHOOTING RANGE Background •Council Workshop –October 21, 2009 Council received business plan report prepared by RSG •Council Meeting –November 3, 2009 Approved contractor pre-qualification questionnaire Approved advertising to receive bids Construction Bids •January 2010 -22 contractors pre-qualified •March 16, 2010 -9 bids received •Apparent low bidder –Ledcor Construction Inc •Total project –Schedule A = $11,260,870 •Alternative deduct bid amounts –Commercial burn prop = $1,300,000 (Bid Item B-1) –Residential burn prop = $550,000 (Bid Item B-2) Description Estimated Costs Preliminary and Final Design $1,822,000 Construction Contract $11,261,000 Construction Contingency $1,100,000 CM&I, Engineering Support $1,486,000 Water & Sewer Fees $137,000 Fabricate & Install Public Art $153,000 Pre-Opening Expense $50,000 FF&E $330,000 Miscellaneous items $161,000 Total Project Budget $16,500,000 Current Appropriation $24,500,000 Project Funding •Project appropriation -$24,500,000 •Source of funding •Prop C funds –$12,700,000 for JFRTF –$5,000,000 remaining for other projects •General Capital Construction Fund $10,850,000 JFRTF Operating Budget Estimated Net New Cost Police Shooting Range $158,000 Fire Burn Props $65,000 M & O $58,000 Salary & Benefits Costs $110,000 Operating Costs budgeted ($131,000) Training Cost Savings ($206,000) TOTAL M&O BUDGET $54,000 Annual Estimated Replacement $270,000 TOTAL ANNUAL BUDGET $324,000 Project Schedule •Award construction contract –April 13, 2010 •Preconstruction meeting -June 2010 •Begin construction –July 2010 •Construction –18 months •Begin operation –January 2012 Professional Services Agreements •Dudek, $853,660 –Construction management & inspection •RRM Design, $449,875 –Engineering support, equipment startup services & warranty review •Leighton, $54,900 –Geotechnical compaction testing and blasting review Staff Recommendation •Award construction contract to Ledcor Construction Inc. using Schedule A $11,260,870 •Approve Engineering Services Agreements with: –Dudek –RRM Design Group –Leighton Consulting