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HomeMy WebLinkAbout2024-06-11; City Council; Resolution 2024-123RESOLUTION NO. 2024-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SCHNEIDERCM FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE EMERGENCY OPERATIONS CENTER RECONFIGURATION PROJECT IN AN AMOUNT NOT TO EXCEED $239,480 WHEREAS, on Sept. 13, 2022, the City Council adopted Resolution No. 2022-219, authorizing a professional services agreement for the design work for the Emergency Operations Center Reconfiguration Project, Capital Improvement Program, or CIP, Project No. 4715, or Project; and WHEREAS, on Oct. 10, 2023, the City Council adopted Resolution No. 2023-257, approving the plans, specifications and contract documents and authorizing a bid solicitation for construction of the Project; and WHEREAS, in November 2023, the city issued a Request for Proposals, or RFP, for solicitation of construction management and inspection services for the Project; and WHEREAS, staff received seven responses to the RFP and completed a qualifications-based evaluation of the proposals; and WHEREAS, staff identified SchneiderCM as the most qualified consu ltant for the Project; and WHEREAS, staff and SchneiderCM have negotiated the scope of work and the associated fee in an amount not to exceed $239,480 to provide construction management and inspection services for the Project; and WHEREAS, the City Council has determined it is necessary and in the public interest to enter into an agreement with SchneiderCM to provide construction management and inspection services for the Project; and WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section 21065, the action to award a professional services agreement for construction management and inspection services does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review at this time. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 ATTACHMENT A PSA24-3442FAC AGREEMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR EMERGENCY OPERATIONS CENTER RENOVATION SCHNEIDERCM, INC. JJ:l1S. AGREEMENT is made and entered into as of the J /th day of s_,}l )..../) ..e,_, , 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and SchneiderCM, Inc., a California corporation ("Contractor"). RECITALS A.City requires the professional services of a cc:rnsultant that is experienced in construction management and inspection services. B.Contractor has the necessary experience in providing professional services and advice related to construction management and inspection services. C.Contractor has submitted a proposal to City under RFP24-2328FAC 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed two hundred thirty-nine thousand four hundred eighty dollars ($239,480). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed seventy-five thousand dollars ($75,000) per Agreement year. 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." Page 1 City Attorney Approved Version 12/22/2023 PSA24-3442FAC Page 2 City Attorney Approved Version 12/22/2023 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7.CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 PSA24-3442FAC Page 3 City Attorney Approved Version 12/22/2023 productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 PSA24-3442FAC Page 4 City Attorney Approved Version 12/22/2023 12.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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 PSA24-3442FAC Page 5 City Attorney Approved Version 12/22/2023 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. 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. 14. 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. 15. 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. 16. 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. /// /// /// /// DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 PSA24-3442FAC Page 6 City Attorney Approved Version 12/22/2023 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Steven Stewart Name Carl Schneider Title Municipal Projects Manager Title Project Manager Department Public Works Address 6353 El Camino Real, Suite C City of Carlsbad Carlsbad, CA 92009 Address 1635 Faraday Ave. Phone No. 619-905-5522 Carlsbad, CA 92008 Email carl.schneider@schneidercm.net Phone No. 442-339-2938 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. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 619-905-5523Carl.Schneider@SchneiderCM.netCarl Schneider PSA24-3442FAC City Attorney Approved Version 12/22/2023 Page 7 20.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22.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. 23.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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. 24.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 DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 PSA24-3442FAC City Attorney Approved Version 12/22/2023 Page 8 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. 25.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. 26.JURISDICTION 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. 27.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 nor 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. 28.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. This Agreement may be executed in counterparts. 29.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. [signatures on following page] DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 Executed by Contractor this_l_S�t_h ___ day of May CONTRACTOR SCHNEIDERCM, INC., a California corporation By: (sign here) Carl Schneider, President and Chief Financial Officer (print name/title) By: (sign here) (print name/title) PSA24-3442FAC I 2024. CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: SHERRY FREISINGER, City Clerk Bu� I. 171�� Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. 1f-2 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: CINDIE K. McMAHON, City Attorney By: __ bt_lAA __ �--�---­ Assistant City Attorney City Attorney Approved Version 12/22/2023 Page 9 PSA24-3442FAC City Attorney Approved Version 12/22/2023 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE See attached proposal dated Dec. 7, 2023. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 9 Project Approach schneiderCm brings more than 15 years of experience providing Cm services on a range of municipal projects, often constructed under strict budgetary and schedule requirements. our approach is to tailor our services and staffing to provide just the expertise you need when you need it. schneiderCm will use our signature proactive, hands-on leadership approach in conjunction with the proven ideals of lean Construction principles, pull-planning schedule development, collaboration and Procore to deliver real-time, multi-user access to vital project information. The schneiderCm team — under the leadership of lead Construction manager Robert Polley, CCm, DbIa, leeD aP, QCm, with the support of field Construction manager Connor markart, CCm — brings extensive knowledge and experience providing Cm services for City of Carlsbad municipal facility renovation and reconstruction projects. We have the resources and expertise to provide tailored CM services, we understand the project and its scope of work and we will leverage our experience on similar projects — including the City’s Fire Station No. 2 project — to deliver the EOC project successfully. The City expects the selected Cm consultant to serve as a coordinated team — fully integrated with City staff — for efficient, effective and successful delivery of the eoC project. our approach includes establishing close working relationships and building a strong level of trust among all project participants and stakeholders. We will work hand in hand with the City to understand the project’s programmatic needs and how those are reflected in the scope of work. We will review contract documents; manage cost, quality and schedule during construction; collaborate with stakeholders throughout the process; and conduct a thorough closeout and punch list process before handover. 1. Construction Administration schneiderCm will serve as the City’s eyes on the project, providing on-site, boots-on-the-ground daily management and oversight of the project. We will work with the City to determine the best strategy for achieving the full scope of services on time and within budget, giving consideration to constraints and challenges. 1.1 Preliminary Project Work Proactive planning is key to all successful endeavors — especially in the management of construction projects. The project management plan is the foundation for the success of the entire project. With input from all team members, Robert will develop a project management plan and review the scope and contract documents for this project. We will work with the City and architect to confirm project budgets including the anticipated total of all costs related to the project. our preliminary project services also include: ▸Constructability review▸Preplanning at the project level▸Implementation of accountability-based technology tools such as Procore▸schedule and task management to minimize gaps in responsibilities and enhance accountability foster a collaborative and cohesive project approach monitor and strive for continuous process improvement use lean Construction principles for efficient work schedules view the project site as a emergency services facility first and a construction site second Overall Approach use pull-planning methodology to release work for upcoming activities Provide design and construction management as a seamless extension of the City’s team Provide multi-level management with a CCm focus ensure the safety of people on and near the construction site PSA24-3442FAC; Exhibit A (cont'd)DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 10 1.2 Contract Administration/Management Cloud-based Document Management: We are well-versed in the City’s Procore document management system and will use the application to provide the City with up-to-the-minute project status updates as well as effective management of drawings, RfIs, submittals, cost and change documentation, schedule, daily logs and photos. Constructability Review and Value Engineering: We will perform thorough document reviews, constructability reviews, systems reviews, life-cycle cost analyses and value engineering studies to confirm consistency across plan sets; verify documents comply with owner and program requirements; and help ensure budget adherence. We will also provide written comments on adherence to program, schedule and budget requirements. Constructability Review Success: On the County of San Diego’s Lindo Lake Park Phase II project, the SchneiderCM team performed a cursory constructability review before the Phase II RFP went up for bid. We identified several interdisciplinary issues between civil and electrical, structural design deficiencies and inconsistencies regarding the delivery method. Our constructability review allowed the County to revise the design and adjust the RFP before it was released, saving hundreds of thousands of dollars and potential impacts to the schedule and budget. Coordinating with Other Teams: our team has successfully completed many Cm projects for the City of Carlsbad and other agencies in san Diego County in close coordination with other consultant teams including owner and third-party inspection and materials testing personnel, design team staff, maintenance and operations personnel and facility users. We have strong working relationships with several City departments including Information Technology, as well as utility agencies and other project stakeholders. our proven track record of consistently delivering projects on time, under budget and without substantiated claims has earned us the respect of our clients, the community, facility administrators and users and the design professionals and contractors with whom we work. Cost Control: We will use our cloud-based management software to allow the entire team to see project progress and budget utilization in real time and to allow us to work collaboratively to maintain the budget. In addition, we will provide the City with regular reports detailing critical aspects of the project and the status of key items that determine project success. Schedule Management: before construction begins, we perform a thorough review of the contractor’s baseline schedule including the level of detail, activity relationships, durations, values, resource- loading logic and compliance with contract milestones and constraints. We also check for items such as front-loading and float suppression and verify submittal and procurement cycles are accurately reflected. We also advocate pull-planning scheduling methodology which involves the development of specific plans for each work phase in a collaborative workshop, resulting in predictable, reliable work flows and rigorously managed sequencing between trade professionals. Understanding of Carlsbad Processes Fire Station No. 2 schneiderCm used Procore to provide continuous, clear and concise communication to all stakeholders. The entire project from design through construction to punch-list and documents closeout was performed through Procore. Poinsettia Park Phase IV – Community Dog Park schneiderCm saved the City more than $99,000 through change order negotiation, representing 41 percent savings over the contractor proposed costs. Change orders on this project totaled 5.3 percent of the total contract value, an excellent statistic in a low-bid, design-bid-build delivery method, especially with 66 percent of these being as a result of owner-requested added scope. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 11 Utility Coordination: We will coordinate with local utility owners as needed. Whenever possible, we will identify options where the utilities might be avoided to minimize potential cost and schedule impacts. If avoidance is not possible, we will support utility relocations focusing on minimizing disruption to the surrounding work area and the community. 1.3 Reports and Communications our standard practice is to provide weekly Cm reports and monthly updates to the client (see Figure 4 for a sample). These reports — which can be customized for frequency and level of detail — provide updates on critical aspects of the project in a one-page summary, providing a project health snapshot. Report details include items such as: ▸Costs — real and potential ▸Percent complete versus billed to date ▸schedule milestones and delays ▸status of RfIs, submittals, change orders and architects’ supplemental instructions ▸Work performed each period ▸Potential or open issues ▸Photos of key events of that week 1.4 Photo Documentation We will photograph and/or video project progress to document existing and differing site conditions, change order or claim items and other special or unique conditions. We will confirm consistency with the contractor’s video and photographs and include images in our weekly reports to the City. 1.5 Construction Progress Meetings We will plan, coordinate and facilitate the kick-off meeting including preparation of an agenda with all relevant project-specific information, introductions of key personnel and stakeholders, a review of all contract and code requirements, any project-specific and stakeholder requirements and any outstanding or potential concerns. We will review roles and responsibilities, lines of communication, conflict resolution procedures and overall project goals. emphasizing the importance of a cohesive team mentality, we will identify what a successful project looks like from each team member’s perspective and set goals to meet those expectations. During construction, we will conduct weekly progress meetings to review the schedule, budget status, safety and quality issues and any other areas of concern. agendas will be distributed in advance, followed by timely meeting records and action item lists. Challenges and Solutions: Verifying the right people are at each meeting is critical to identifying and resolving issues quickly. Part of our role will be to confirm key contributors and decision-makers, such as the police department and other emergency services departments, are in attendance when their valuable input is needed. 1.6 Shop Drawings and Submittal Reviews and 1.7 Plans and Specifications Interpretation all construction documents are time-sensitive and a timely response is critical to keep projects on schedule and moving forward. our team will expedite the review of documents. using Procore cloud-based software, we will: ▸Develop a list of required submittals early and regularly compare it against the contractor’s list to verify all items are identified at the start and are addressed in the schedule ▸Develop distribution lists to identify the parties responsible for submittal review and acceptance of submittals ▸Review and process submittals related to General Provisions and Division 1 requirements, and review and confirm compliance for all other submittals FIGURE 4. example Weekly Cm Report www.SchneiderCM.net I 888-638-1504 CM: Robert Polley SchneiderCM Project Example A-E/Contractor: ABC Construction CONSTRUCTION STATUS: 1,234,567.00$ Rate -$ 0.00% $ 1,234,567.00 $123,456.00 10.00% Original Completion: $ 1,111,111.00 -$ 0.00%PROJECT STATUS/Comments: Issues: 1. Response from Design Dept is favorable. They will accept wall and landscape design changes. Waiting on formal letter 2. IFC Final set to be submitted to City for review. Contractor to confirm date however needs to be submitted early Dec to avoid issues with Building Department Inspection. DATE TO SUBMIT TO BE JAN 21, 2022 Potential Costs:Forecast Completion: 9/1/2022 Summary: Rain on Tuesday, steel suppliler delivered structural members on Thursday, contractor on site to resecure permitter fencing and set elevations for steel column install. Moderate work on site this week: Pipe Trades; Electric Subcontractor; City/Fire Inspector (1); Photo 1: Contractor on-site with subcontractor ABC discussing structural steel delivery and staging 2: Subcontractor A sidewalk construction 3: Site Rain again, no work on site FridayCost Exposure: Open PCOs; 9 Open Items on Add/Deduct list tracking. Potential Cost exposure $12,000, PCCO 01 submitted for processing Elevator $124,578, Wall Design $22,431, Redesign Wood to Metal Trellis $16,600, Solar Water Heater additions $24,722-(TOTAL $93,260). Finalizing PCOs - Addition to Station Alerting ROM $42k, New Metal Trellis ROM $24k, Site Utility Off-Site Work NTE $290k, Bay Doors $79k, Added DATA Station ROM $38k. (TOTAL $502k) Request for Information (RFIs): 126 RFIs have been written, 2 open, Average turnaround time: 3-days Submittals: 279 submittals have been turned in to date, 163 Approved; 14 Revise and Resubmit, 4 Rejected; 11 Pending Average turnaround time: 6-days Schedule: Project is currently not on schedule. Based on steel fabrication and delivery, schedule manager provided an updated CPM schedule. Current CPM schedule indicates new CCD of 9-1-22. Schedule manager will request through various change orders 97-calendar "non-compensated" days. PCCO 02 added 45-Non-Compensated Calendar Days. PCCO 03 will add 45 Non-Compensated Calendar Days Manpower: Contractor (3); Subcontractor (0); Pipe Trades (0) Subcontractor (0) Subcontractor (0); Equipment: Mini Ex (0); Bobcat (0) Scissor Lift (0); Reach Lifts (0), Backhoe (0) Excavator (0) Rubber Tire Loader (0) Dump truck (0) Architect Supplemental Instructions (ASIs): (2) will be issued 01 Civil Changes; 02 IFC Final drawings Balance:Revised Completion:9/1/2022 Project Description: Design-build contract for construction of new fire station and municipal building renovation projects. Projects include demolition of the existing facilities, design and construction of new facilities. The fire sgtation (inclusive of new station and all site/roadway/signal improvements associated with the station) will accommodate seven firefighters and one captain on duty per 24-hour shift, year-round. The municipal projects consist of the renovation of a 20,000-square-foot office and administration building located at Avenue A and Road B. The facility includes a lobby, offices, open work space areas, a community room space, staff area and exterior patios. Site work includes Award amount:Contract #: 123456 Approved COs Contract Award Date: 10/1/2021 Revised Contract Amount:% Complete:15%Invoiced to date:9/1/2022 CM WEEKLY REPORT Updated: 17-Dec-21Project Name: Site Address:1234 Street Name, Vista, CA our easy- to-read, one- page reports use a summary format that keeps owners informed on progress and the status of critical issues. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 12 ▸log all shop drawings and samples/submittals ▸answer RfIs directly to the contractor if there is no impact to schedule, budget or quality of construction ▸use a tickler file to remind reviewers of time-critical reviews ▸Review the status of work at each weekly job site meeting 1.8 Construction Inspection Services In the field, our team will perform daily quality assurance and coordinate any third-party testing and special inspection required. We will confirm construction complies with the plans and specifications and keep daily logs that record the work, any issues and other data the City may require. In the event nonconformances occur, our team will recommend corrective actions and verify all deficiencies are resolved. Prior to issuing the contractor’s progress payment, we will verify work progress of the contract item and develop quantity calculation sheets to support auditable monthly partial progress payments. Item quantities will be field-verified or measured to avoid over-payment. Payments will be traceable to a checked source document that is field-measured or calculated on quantity sheets reflecting completed work. We will work with the City to provide monthly progress payment recommendations for timely review, approval and payment. Quality Assurance: using the u.s. army Corps of engineers’ stringent quality control program, which stresses three phases of quality assurance and control, we confirm contractor adherence to contract documents, City standards and building codes and verify construction is per plans and specifications prior to scheduled inspections. The three phases of quality assurance and control are described in Figure 5 below. 1.9 Progress Payments The payment process begins with a comprehensive and detailed schedule of values assembled and submitted to the construction manager for approval. To approve, we will confirm the schedule of values is sufficiently detailed and cost-loaded appropriately for each task without front-loading. Prior to receipt of the contractor’s progress payment, we will verify the progress of the contract item work and develop quantity calculation sheets to support auditable monthly partial progress payments. The quantity of each item will be field verified or measured to avoid overpayment. Payments will be traceable to a checked source document that is field-measured or calculated on quantity sheets that reflect completed work. We will work with the City to provide monthly progress payment recommendations for timely review, approval and payment. Phase 1 – Preparatory Phase one week prior to beginning work on each definable feature ▸Review specifications, contract plans and activity hazard analyses ▸verify materials/equipment have been tested and approved ▸verify control inspection and testing plan in place ▸Physical examination of materials, equipment and sample work Phase 2 – Initial Phase Day of work ▸Check preliminary work ▸verify adequacy of controls to ensure full contract compliance ▸establish level of workmanship ▸Resolve all differences Phase 3 – Follow-up Phase Daily checks ▸Photograph and document work in quality assurance logs ▸final follow-up checks to verify all deficiencies corrected FIGURE 5. Quality assurance and Quality Control Phases DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 13 1.10 Contractor’s Claims and Change Orders many construction disputes and claims can be avoided through proper planning and execution of a claims management strategy. our team will establish a claims avoidance management plan that focuses on making sure the contract and all other documents are clear, complete and coordinated; properly describes the City’s desired scope of work; and addresses critical administrative processes. We will also recommend procedures necessary to make sure all required contract administrative functions are covered. our change order and claims management process relies on thorough record-keeping and documentation. Thorough electronic documentation and metadata tagging of all project correspondence, project photos, daily reports, RfIs and submittals will assist with claims mitigation and will greatly reduce discovery costs in the event of a claim. Timely review and response to all correspondence and prompt processing of all approved payment applications and change orders will also be key factors in claims avoidance. all change order proposals will be thoroughly reviewed to determine entitlement and verify accuracy of scope and quantities. Reason codes, such as client request, unforeseen site condition, design omission or error or outside agency request, will be assigned so the cumulative responsibility for changes can be ascertained at any time during or after completion of construction. our proven change order negotiation process has delivered hundreds of thousands of dollars in savings to our clients, as shown in Figure 6. should a claim become inevitable, the earlier the dispute can be resolved, the more likely the cost of resolution will be lower. Therefore, we urge immediate action to resolve the dispute or at least advance toward resolution — particularly during construction. We will promptly analyze any claim so the City and the contractor can react with the benefit of an objective assessment of potential liability and costs. following this approach, the City will be able to effectively deny claims that are without merit and acknowledge claims that have merit. We assist in preparing and presenting claims analysis findings and are experienced with all forms of alternative dispute resolution including litigation and can effectively assist in a manner that is appropriate to the process selected. schneiderCm’s claims resolution services include: ▸schedule/delay/ acceleration analysis ▸extended overhead claims ▸loss of efficiency claims ▸extra work claims ▸Preliminary analysis ▸mediation ▸expert witness testimony and litigation support FIGURE 6. Cost savings through Change order negotiations Project and Owner Construction Value Savings Fire Station No. 3 – City of Carlsbad $6M $98K Dove and Cole Libraries – City of Carlsbad $7M $312K Public Library – City of El Centro $14M $128k Headquarters Building – Olivenhain Municipal Water District $13M $160K The Language Academy – San Diego Unified School District (SDUSD)$10M $480K Knox Preparatory School – SDUSD $18M $1M Hoover High School Athletic Facilities – SDUSD $10M $800K Hoover High School Green Woodshop – SDUSD $4M $430K Claims Negotiation Success SchneiderCM successfully negotiated two potential contractor claims on the City of el Centro’s Public library project, saving the City $225,000 on an extended overhead claim and $20,000 on a potential escalation claim. We take a firm but fair stance on change management. all change order proposals are reviewed and tracked with reason codes. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD PRojeCT aPPRoaCH PaGe 14 2. Project Closeout We will develop and track the final punch list using our management software. a final audit and measurements of each unit per the schedule of values at each location will be submitted for approval of final payments. a compilation of all testing and inspection reports will be provided with the closeout documents and warranty letters for each phase. Tasks to be completed by our team during this phase include: ▸Punch list coordination ▸Change order/claims resolution/closeout ▸Conducting post-construction audits ▸Compiling test reports ▸scheduling and facilitating commissioning and training sessions for City staff so they will be properly trained in the use of all equipment and equipment and building system maintenance ▸using Procore to track punch list completion status ▸Developing a warranty checklist for required warranties, operations and maintenance manuals, as-built drawings and certified surveys ▸Providing a final project cost accounting of budgets to actual We will track the project warranty date so the City can perform a final warranty walk one month prior to the end of the warranty period for the review and repair of potential warranty items such as cracked and lifting concrete or failure of asphalt in any location. Challenges and Solutions: Confirming attainment of substantial completion and full closeout, including completion of all punch list items and turnover of all required contractor warranties, can be challenging as project participants move on to their next assignment. We proactively track the status of completion of work performed by the contractor and review contractor requests for acceptance against predetermined conditions for acceptance. Additional Tasks We provide additional Cm services to support successful projects including: ▸Personnel Relocation: When maintaining ongoing facility operations or tenant improvement phasing is complex, we can help establish temporary swing space facilities and manage move-in and move-out processes. ▸Move Coordination: In addition to maintaining facility operations, our team will also help coordinate moving between buildings as part of our Cm services as needed. Thanks to our team’s experience working on buildings and with agencies that have special security and confidentiality needs, we understand chain-of-custody requirements for records and evidence items and will provide the right level of support. We will prioritize maintaining systems during the move process and preventing system downtime to minimize impacts to City and emergency services. ▸Community Outreach Support: We will help the City identify a point person — whether it be one of our staff members or a City representative — who is responsible for community interaction and can help streamline the communication process and support consistent and accurate messaging. Warranty Support schneiderCm provided warranty support for Fire Station No. 2, Aviara/Poinsettia Parks and the Ocean Street Beach Access projects. services included overseeing contractor compliance with warranty commitments, conducting quality reviews of completed work, coordinating with end users and project stakeholders and ensuring required documentation was completed accurately. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 CITY OF CARLSBAD sCHeDule anD HouRs PaGe 15 Schedule Tentative Construction Schedule: We understand the City’s tentative schedule and we have the capacity and availability to staff this project for its entirety. Current Workload and Availability: We understand the City anticipates issuing notice to proceed on this project in march 2024 with construction running through september 2024. Robert and Connor will together provide full-time Cm services on the eoC project from notice to proceed through closeout. once construction begins on veterans memorial Park in fall 2024, Robert will serve as the responsible-in-charge construction manager on the eoC project and continue providing contract administration and project oversight and Connor will serve as the full-time on-site construction manager, coordinating closely with Robert and the City for the remainder of the eoC project through closeout. our cost proposal (under separate cover) provides a detailed breakdown of our anticipated level of effort for this project. Hours Figure 7 illustrates our estimate of hours and anticipated level of effort and summarizes the project schedule for the eoC project from kickoff through construction and closeout. FIGURE 7. staff utilization 2024 Activity J F M A M J J A S O N D Construction NTP Submittals and Shop Drawing Review/Approval Construction Phase (7 Months) Project Closeout (1 Month) Completion u Staffing Resource (Hours/Month)Labor Hours Lead Construction Manager 0 0 84 88 88 76 88 88 80 40 0 0 632 Field Construction Manager 0 0 84 88 88 76 88 88 80 40 0 0 632 Estimating*0 0 4 4 4 4 4 4 4 0 0 0 28 Scheduling*0 0 16 2 2 2 16 2 2 2 0 0 44 Principal-in-Charge*0 0 4 4 4 4 4 4 4 4 0 0 32 * Available as needed 1,368 0 20 40 60 80 100 DNOSAJJMAMFJ Lead and Field Construction Manager Scheduler Principal-in-Charge Estimator DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 6353 El Camino Real, Suite C Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs 7 December 2023 Attn: Janean Hawney Contract Administrator City of Carlsbad 1635 Farady Avenue Carlsbad, CA 92008 Subject: FEE SCHEDULE for City of Carlsbad Emergency Operation Center Construction Management Services Dear Ms. Hawney, In response to the City of Carlsbad’s Request for Proposals for Construction Management services for the Emergency Operations Center, below is our fee proposal. Since the tasks identified in the RFP overlap with each other and many are performed concurrently, our time estimate is broken down instead by project phase. SchneiderCM’s Fee Proposal is based on the scope of work in the proposal and per the estimated number of hours per the staffing plan shown attached: Staffing Plan •Senior Construction Manager, Robert Polley: (632 man-hours) o 50% time during construction (7 months) o 50% time during closeout •Field CM, Connor Markart (632 man-hours) o 50% time during construction (7 months) o 50% time during closeout •Estimating: o Periodic as needed (28 man-hours) •Scheduling: o Periodic as needed, see resource chart (44 man-hours) •Principal: o Periodic as needed for oversight and problem solving (32 man-hours) Fee Our fee encompasses all the tasks outlined in the scope of work indicated in the RFP and are summarized by hourly rate as shown on the following page: DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522 6353 El Camino Real, Suite C Carlsbad, CA 92009 Tel: 619-905-5522 Fax: 888-638-1504 Exceeding your Project, Construction Management, and Consulting needs Fee Calculation o Senior CM: 632 hours x $185/hr:$116,920 o Field CM: 632 hours x $165/hr:$104,280 o Estimating: 28 hours x $165/hr:$ 4,620 o Scheduling: 44 hours x $165/hr:$ 7,260 o Principal: 32 hours x $200/hr:$ 6,400 TOTAL:$239,480 SchneiderCM’s hourly CM rate of $185/hr is broken down to direct costs of $113.77/hr with a multiplier of 2.4 (calculated as fee/wage). Costs are in dollars per hour and fully burdened (including travel). Thank you for your consideration. Please contact me on 619-905-5522 if there are any questions or clarifications needed. Yours Sincerely, Carl Schneider CEO, SchneiderCM, Inc. DocuSign Envelope ID: 100E7495-CCC9-4AC5-A105-BACAA98FF522