HomeMy WebLinkAboutB & G Consultants; 2002-09-27;EXHIBIT 4
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
FOR AVIARA COMMUNITY PARK
.SWg"fZ THIS AGREEMENT is made and entered into as of the 277w day of , 2002, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and B & G CONSULTANTS, a California corporation,
("Contractor").
RECITALS
A. City requires the professional services of an experienced construction
program management firm to assist City with the management of the construction of the
City's Aviara Community Park Project, hereafter referred to as the "Project."
B. Contractor has the necessary experience in providing professional
services and advice related to the services required by City.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of five (5) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed thirty
thousand dollars ($30,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
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5. COMPENSATION
The total fee payable for the services to be performed during the initial Agreement term
will be four hundred eighty nine thousand eight hundred eighty dollars ($489,880). No
other compensation for the services will be allowed except for items covered by
subsequent amendments to this Agreement. Incremental payments, if applicable,
should be made as outlined in both Exhibits 1 and 2 contained within attached Exhibit
"A and made part of this agreement.
All office equipment, tools, systems, hardware, software, exhibits, remaining
consumable supplies, and all other items as outlined in Exhibit 2 of attached Exhibit "A
purchased by Contractor and utilized in the performance of the services to be provided
herein shall become the property of City and shall be delivered to City in good working
order at the conclusion of the services provided by Contractor to City as herein
described.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an 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.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General 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.
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10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and EmDlover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of three (3) years following the date of completion of the
work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
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 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
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11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement, Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in Citv
and Contract& relinquishes all claims to the copyrights in favor of City. ._ -
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement
For Citv:
Name: C. Hammann
Title: Deputy City Engineer
Department: PW-Inspection
For Contractor:
Name: Michael Giffin
Title: President
B & G Consultants
City of Carlsbad
Address: 5950 El Camino Real
Carlsbad, CA 92008
Address: 750 B Street, Suite 1860
San Diego, CA 92101
Phone: 619-595-7800
Phone:760-602-6780
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor‘s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following ~
procedure will be used to resolve any questions of fact or interpretation not otherwise ~
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
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on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement. n A
CONTRACTOR
ATTEST:
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If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a CorDoration, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group 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
CITY OF CARLSBAD, AVIARA COMMUNITY PARK
Proposed Scope of Construction Management Services
1 .o Basic Services and Responsibilities
1.0.1 Terms - City of Carlsbad shall also be referred to as the “Owner” and /
or “City”. The Construction Manager shall also be referred to as “B&G
Consultants, Incorporated,” and /or “CM”
1 .I Staff Assistance - The CM will provide technical and managerial staff
assistance to the City for the specific tasks described hereupon for the
construction program.
1.2 Meetings - Organize, schedule, attend and record all program-related
meetings.
1.3 Reports - Generate and distribute management information reports
throughout project detailing progress, schedule, compliance with
specifications and financial status.
1.4 Document Control - Establish and maintain records, design data,
drawings, and correspondence pertaining to the project.
1.5 Project Management Information System (MIS) - Develop a MIS to
establish communication between the City, CM, Design
Professional(s), contractor and other parties on the Project. Determine
the type of information for reporting, the reporting format and the
desired frequency for distribution of the various reports.
1.6 Cost Control - Under the direction of the City, establish cost
monitoring and control procedures. Provide monthly cost and cash
flow reports to City.
.. Scope of Construction Management Services - Cont'd
1.7 Consultant Selection -When requested by the City, assist in the
selection of consultants, developing lists of potential firms, and criteria
for selection, preparing requests for proposal, assisting in reviewing
written proposals, assisting in conducting interviews, and making
recommendations, and the administration of all consultants retained by
the City.
1.8 Consultant Contract Preparation -Assist the City with preparation of
the Agreement between the Owner and any required consultant.
I .9 Overall Program Evaluation - Provide preliminary evaluation of the
Master Plan program (if available) and individual project budget
requirements. With the Architect's assistance, prepare preliminary
estimates of construction cost from schematic designs. Assist the City
and the Architect in achieving program and individual project budget
requirements and design parameters.
1.10 Master Schedule - Prepare a master program schedule based on
anticipated design and construction schedules, that integrates all
reviews, approvals or other action required of review agencies.
1.11 Project Construction Schedule - Prepare a Master Construction
Schedule. Critical Path Method scheduling network systems shall be
utilized.
1.12 Design Phase Milestone Schedule - Prepare a Milestone Schedule
for design work, which shall be a method for judging progress during
the Design Phase.
1.13 Permit Responsibility - Monitor, assess, and expedite obtaining
permits from governmental agencies and utility companies.
1.14 CM provided Equipment, Materials, and Systems -To the extent
not provided by the General Contractor under the terms of their
contract, the CM shall provide, subject to a negotiated reimbursement
by the City, all equipment, materials, and systems required to
undertake and complete the services specified herein. All equipment,
materials and systems acquired and /or provided by CM for which City
reimbursement has been provided shall become the property of City
upon conclusion of the work under this contract. Said equipment,
materials, and systems shall be maintained in good working order by
CM and shall be turned over to City along with any and all operating
manuals, warranties, supplies and all other support hardware and
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Scope of Construction Management Services - Cont’d
equipment of any kind at the conclusion of the work under this
contract. The scope of reimbursable items for which the CM is
responsible under the terms of this contract is set forth in Exhibit 2 of
this CM Proposal.
2.0 Preconstruction Phase Services
2.1 Design Phase Services
2.1.1 Design Schedule - If requested by City, recommend project design
schedules to the City and work with the design professional to execute
schedules.
2.1.2 Project Conference - If requested by City, conduct a Project
Conference attended by the design professionals, the Owner and
others. During the Project Conference, review the project program, the
Master Schedule, Design Phase Milestone Schedule and the Budget.
2.1.3 Design Review Meetings - If requested by City, coordinate periodic
design review meetings, to review design plans and specifications for clarity and completeness and recommend revisions as required.
2.1.4 Payment Coordination - If requested by City, review all request for
payments by the design professionals and make recommendation for
payments.
2.1.5 Design Phase Change Order Report - If requested by City, prepare
and distribute Design Phase Change Order reports that list Owner
approved change orders and effect of the change orders on the
Project Budget and the Master Schedule.
2.1.6 Project Cost Estimates - If requested by City, prepare for the City
approval an estimate of construction costs by using local estimating
data based on the Schematic Design Documents prepared by the
Architect and consultants. Refine this estimate at completion of the
Design Development and Construction Documents phases. Confer
with the Architect and City after analyzing the estimates versus the
project budget.
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Scope of Construction Management Services - Cont'd
2.1.7 Program Cost Estimates - The CM will continuously review the
project budget. He shall confer with the design professionals and the
City in these matters in an effort to execute the construction program
in the most cost efficient manner.
2.1.8 Value Engineering - Review designs during development to ensure a
cost-effective design. Advise on the site use and improvements,
selection of materials, building systems and equipment and methods
of project delivery. Provide recommendations on feasibility of
construction methods, availability of materials, time requirements for
procurement, installation and construction.
2.1.9 Construction Management Plan - Prepare a Construction
Management Plan. In preparing the Construction Management Plan,
consider the master schedule, cost and general design requirements
for the Project. Develop various alternatives for the sequencing and
management of the construction and make recommendations to the
City.
d: C" 2.1.10 Bidding Document Preparation -Assist in the writing of the General
and Special Conditions of the specifications. Review project drawings
and make recommendations to City regarding changes, modifications,
corrections, clarity, completeness, and other suggested changes.
Forward suggested changes to the Design Professional(s) if requested
by City. Meet with Design Professional(s) and City to coordinate
changes.
2.1.11 Procurement Review - Recommend a schedule for the Owners
purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of
portions of the Contract Documents by the Architect and their design
professionals.
2.2 Bid Phase Services
2.2.1 Pre-Qualifying Bidders - If requested by City, assist City in
developing lists of possible general construction bidders and in pre-
qualifying bidders. This service shall include the following:
preparation and distribution of questionnaires; receiving and analyzing
completed questionnaires; interviewing possible bidders, bonding
agents and financial institutions; and preparing recommendations for
the City.
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fB Scope of Construction Management Services - Cont’d
2.2.2 Bidding Assistance - Recommend bidding schedules to City. Assist
the Architect in issuing bidding documents to bidders. Assist the
Architect with the receipt of questions from bidders, and with the
issuance of bid addenda.
2.2.3 Pre-Bid Conference - In conjunction with the City, Architect and the
other Design Professionals, conduct Pre-bid Conferences. Conferences shall explain the project requirements to the bidders,
including information concerning schedule requirements, time and cost
control requirements, access requirements, administrative
requirements and technical information.
2.2.4 Bid Protest - Assist in the review, evaluation and resolution of any
protest filed by a bidder.
2.2.5 Bid Review - Prepare detailed bid tabulation, review all bids for
conformance to requirements review and report on bidders
acceptability. Make recommendations to the City for award or
rejection of bids. G 2.2.6 Pre-Award Conference - With the assistance of the Architect (and
other Design Professionals), conduct pre-award conferences with
successful bidders. Advise the City on the acceptability of
subcontractors and material suppliers proposed by the Contractor(s).
3.0 Construction Phase Services
3.1 Pre-Construction Conference - Organize, and record a pre-
construction conference.
3.2 On-Site Management and Inspection - Provide an on-site project
management team to provide contract administration as an agent of
the City and establish and implement coordination and communication
procedures among Owner, CM, Architect and other Design
Professionals and Contractor(s). Carry out the Construction
Management Plan and ensure the project is constructed in accordance
with the contract documents.
3.3 Weekly Progress Meetings - Conduct weekly progress meetings,
record and distribute minutes.
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Scope of Construction Management Services - Cont’d
3.4 Reports - Prepare monthly project status reports for review by the
City. The CM shall furnish 25 copies of said report to City each month
through the conclusion of the project. Said report shall contain
photographs of periodic construction progress and construction issues
of interest and concern to City and CM.
3.5 Permits, Bonds, and Insurance -Verify that the required permits,
bonds and insurance have been obtained and are current throughout
the project. These documents shall be forwarded to the City with a
copy to the Architect.
3.6 Review of Requests for Information, Shop Drawings, Samples and
Other Submittals - Review the Contractor’s requests for information,
shop drawings, samples and other submittals to determine the
anticipated effect on compliance with the project requirements, and
Master Schedule. Forward to the Architect (or appropriate design
professional) for review. Maintain a log of all submittals and requests
for clarification, and expedite processing and approval.
G 3.7 Cost Loading Construction Schedule - The Contractor’s
construction schedule shall have the total contract price allocated
among the Contractor’s scheduled activities. Review the contract price
allocations and verify allocations are in accordance with contract
documents. Review to prevent “front end loading.” Progress
payments to the Contractor shall be based on the Contractor’s
percentage of completion of the scheduled activities as set out in the
construction schedule reports and the Contractor’s compliance with
the requirements of the contract documents.
3.8 Daily Progress Reports - Record the progress of the project. Submit
written progress reports to the City and the Architect including
information on Contractor’s work showing percentages of completion
and the number and amounts of Change Orders. Keep a daily log
containing a record of weather, number of workers, work
accomplished, problems encountered, and other relevant data as the
City may require.
3.9 Contractor’s Construction Schedule - Review Contractor’s
Construction Schedule and verify that the schedule is prepared in
accordance with the contract documents. Construction schedule
updates shall be accomplished at a minimum with each progress
payment.
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4B Scope of Construction Management Services - Cont'd
3.10 Master Schedule Control - Consistent with the Construction
Schedule issued with the bidding documents, and utilizing the
Contractors' construction schedules, update the Master Project
Schedule incorporating the activities of Contractor, including,
processing of shop drawings, product data and samples and delivery
of products requiring long lead time procurement. Include the Owner
occupancy requirements showing portions of the project having
occupancy priority.
3.11 Photo and Videos - Provide photographic documentation of project
site prior to and during construction.
3.12 Minor Variations in the Work - The CM may authorize variations in
the work from the contract documents that do not involve an
adjustment in the contract price or time, which are consistent with the
intent of the contract documents. Copies of such authorizations will be
provided to the City, the Architect and/or other Design Professional(s)
as applicable.
Rejection of Work - Endeavor to guard the City against defects and
deficiencies in the work. As appropriate, require special inspection or
testing, recommendations to the Architect (or other Design
Professional(s)) regarding special inspection or testing of work not in accordance with the contract documents.
G 3.13
3.14 Contract NonCompliance - Endeavor to achieve satisfactory performance from the Contractor(s). Recommend courses of action to
the City when requirements of a Contract are not being fulfilled, and the non-performing party will not take satisfactory corrective action.
3.15 Manage Off-Site Inspection Services - Coordinate off-site inspection
services including other special inspection services as may be
obtained by City and provided by others.
,3.16 Manage Field Testing Services - Coordinate special field testing
services.
3.17 Surveying - Coordinate surveys to verify lines and grades with
contract documents and to provide building benchmarks.
Page 7 of 11
-e Scope of Construction Management Services - Cont'd
3.1 8 Contractor's Safety Program - The CM shall require Contractor to
prepare and submit for review a safety program, as required by the
contract documents. Review safety program to determine that the
programs of the prime Contractor performing work at the site, as
submitted, provides for proper coordination among their sub-
contractors (and other direct vendors of the City not directly under the
control of the Contractor) of their respective safety programs. Notify
Contractor of safety problems. Direct Contractor to suspend work if
imminent hazard is not immediately remedied or a dangerous
condition persists. Investigate all accidents. Gather all information
relating to any accidents. Prepare accident reports.
3.1 9 Traffic Control and Public Safety - Review and monitor all traffic
control and public safety plans as submitted by the Contractor(s) for
compliance with all safety laws and regulations. Review all detours,
temporary access, signing, delineation and traffic control plans.
Report deficiencies to Contractor.
3.20 Cost Accounting - Revise the approved estimate of Construction
Cost, incorporate approved changes and develop cash flow reports
and forecasts as needed. Maintain cost accounting work performed
on the basis of actual costs of labor and materials, or other work
requiring accounting records.
i
3.21 Progress Payments - Review payment applications submitted by
Contractor to determine if amount reflects progress of Contractor's
work. Make appropriate adjustments to each payment application and
forward to the City a Progress Payment Report. The report shall state
the contract price, payments to date, current payment requested,
retainage and actual amounts owed for the current period.
3.22 Change Order Preparation, Negotiation and Processing -
Implement systems for processing all Contract Change Orders.
Prepare cost evaluations of all contract change orders and reconcile
with Architect's cost estimate. Negotiate contract change orders with
the Contractor. Prepare contract change order document for
execution by Contractor and the City.
@,
3.23 Change Order Reports - Prepare and distribute Change Order
Reports during the construction phase. The report shall list all City
approved change orders by number, a brief description of the change
order work, the cost established in the change order and percent of
completion of the change order work.
Page 8 of 11
,8 Scope of Construction Management Services - Cont’d
3.24 Maintain “As-Built” Drawings - Maintain one set of contract
documents (i.e., “As-Built‘s’’) with up-to-date information regarding all
addenda, substitutions, clarifications and change orders. The As-Built
documents will be kept at the jobsite and shall be available to the City
and the Design Professionals.
3.25 Record Documents - Maintain at the project site (or other location as
deemed appropriate by the City), a record copy of all contracts,
drawings, specifications, addenda, change orders and other
modifications, in good order and marked to record all changes made
during construction; shop drawings; product data; samples; submittals,
purchases; materials; equipment; applicable handbooks; maintenance
and operating manuals and instructions; other related documents and
revisions which arise out of the Contract@) or work. Maintain records
of principal building layout lines, elevations of the bottom of footings,
floor levels and key site elevations certified by a qualified surveyor or
professional engineer. Make all records available to the City and the
design professionals. At the completion of the project, deliver all such
records to the Architect on behalf of the City. c 3.26 Initial Start-up - With the Architect (and other design professionals as
appropriate) and the City maintenance personnel, observe the
Contractors check-out of utilities, operational systems and equipment
for readiness and assist in their initial start-up and testing.
3.27 Furniture, Fixtures, and Equipment (FFBE) -With the assistance of
the City and the design consultants, develop a complete FF&E
package including materials supplier and subcontractor request for
proposals. Monitor and manage the proposal process including
processing of requests for information etc. Provide proposallbid
analysis for the City review. Provide required project management
services during FF&E installation and post installation phases.
4.0 Post Construction Phase Services
4.1 Final Punchlist - When the Construction Manager considers the
Contractor’s work substantially complete, the Construction Manager
shall prepare for the Architect a list of incomplete or unsatisfactory
items (“punchlist”) and a schedule for their completion. The
Construction Manager shall assist the Architect in conducting
inspections.
Page 9 of 11
.e Scope of Construction Management Services - Cont’d
4.2 Final Inspection - Following the Architect‘s issuance of a Certificate of
Substantial Completion, evaluate the completion of the work of the
Contractor and make recommendations to the Architect when work is
ready for final inspection. Assist the Architect (and other appropriate
design professionals) conducing final inspections. Secure and
transmit to the City the required guarantees, affidavits, releases, bonds
maintenance stocks to the City. Process Owner Notice of Completion
and waivers. Deliver all keys, manuals, record drawings and
for approval.
4.3 Other Agency Documentation - On behalf of the City complete and
submit any record and documentation required by the State of
California or other agencies.
4.4 Operation and Maintenance Manuals - Coordinate the Contractor’s
submission of operation and maintenance manuals. Ensure all
manuals are bound, indexed and complete in all respects.
4.5 Training Maintenance Personnel - Coordinate the training of
maintenance personnel by the Contractor. Ensure timely scheduling
such that the O&M manuals are submitted and approved prior to
training.
c
4.6 Close-out Documentation - Specific attention is to be paid to close-
out documents, including, but not limited to the following: All
disciplines’ record drawings; unconditional lien waivers from
subcontractors, suppliers and vendors; list of contractor and
subcontractor addresses, telephone numbers, and contact person;
final lien waiver from General Contractor, all warranties andlor
guarantees, equipment manuals and maintenance schedules for all
related equipment; Certificate of Substantial Completion; copies Of all
permit inspections by city departments (buildinglsafety, planning,
engineering, mechanical, electrical, plumbing, lifelsafety), occupancy
permit, final completion and notification of acceptance.
4.7 Final Payment - Make recommendation to the City regarding
Contractor’s final progress payment. Prepare final progress payment
report for submission to the City.
Page 10 of 11
* Scope of Construction Management Services - Cont’d
4.8 Final Report - Provide City with a project final report that includes the
following: A financial summary of the construction contract, change
orders, architectural services, project management services and direct
purchase items. A summary of project change orders. A construction
summary and schedule review. A summary of final acceptance.
4.9 Occupancy Assistance - Coordinate the planning for move-in and
occupancy. Assist the City in implementing their move-in and
occupancy plan.
4.10 Warranty Coordination -Assist the City during project warranty
period if corrective work is required.
5.0 Additional Services
5. I Services not specifically referenced above shall be determined
following negotiations between the City and CM and shall be subject to
a separate agreement.
Note: All red lettering above represents changes to the ProposedScope of
Construction Management Services document that was contained in the
April 19,2002 RFP document from The City of Carlsbad
Page 11 of 11
Construction Management Services Fee Proposal
to
City of Carlsbad
for the
Aviara Community Park Project
July 1,2002
1. Project Description
The Aviara Community Park project consists of an active use public park and recreation facility on 22
City owned acres within the masterplanned residential community of Aviara in the City of Carlsbad.
The project includes a synthetic turf lighted soccer facility, natural turf lighted baseball / softball
facility, a large tot-lot and open space play area, group picnic areas with sheltered structures, 2
restroom buildings, a maintenance facility with building, and an integrated public art component. The
project also includes an 18,000 square foot Community Center building with several interior features
and an exterior terrace area. The project also includes 2 parking lots with a total of 272 parking
spaces, monument and directional signage, site walls, extensive landscaping, lighting, irrigation and
drainage systems and structures, and other features. The project is now being designed by P & D
Consultants and is expected to go out to RFP and public bidding in June, 2002 with construction
scheduled to begin in early-September, 2002. The total construction budget for the project is +/-$IO
million (US$). As part of the management effort of the project the City of Carlsbad has asked B&G
CONSULTANTS to provide this proposal for complete construction management services, including
pre-construction services, on-site CM services throughout construction, and post-construction
services. The specific duties and responsibilities are detailed in Section B of this Proposal.
II. Schedule Duration
As your Construction Manager our management responsibilities will take place during all three
phases of the project (i.e.. Pre-Construction Phase, Construction Phase and Post-Construction
Phase). Accordingly, we have assumed these phases of the project to have the following time
periods and duration(s):
Construction Management Services Fee Proposal
Aviara Community Park Project
July 1,2002
Page 2
Pre-Construction Phase
Construction Phase
14 weeks (July 1,2002 -October 8, 2002)
55 weeks (Oct. 9.2002 -October 28,2003)
Post-Construction Phase 8 weeks (Oct. 29,2003 - December 28.2003)
111. Construction Management Fee Proposal
a. Estimated (Hourly) Fee Proposal
B&G CONSULTANTS proposes to provide construction management services to the City of
Carlsbad on an hourly fee basis in accordance with the Fee Schedule set forth in Exhibit 1 of this
section. The hourly fees as set forth in Exhibit 1 are exclusive of reimbursable expenses and
professional liability insurance premium costs (see Exhibit 2).
b. Hourly Rate Proposal (for Additional Services)
For additional consulting services which, may be requested by the City of Carlsbad. the following
hourly rates shall apply through the period ending December 28,2003:
Staff Function Hourlv Rate
Principal (Michael Giffin and Antonio Piscitelio) $125/hour
Senior Construction Manager (Keir Toth) $1 15/hour
Project Engineer
ClericaVAdministrative
$95/hour
$48/hour
c. Reimbursable Expenses
Estimated reimbursable expenses, including professional liability insurance premiums, related to
our CM services are set forth in Exhibit 2 of this Proposal. Please note that the scope of
reimbursable expense items set forth in Exhibit 2 do not include on-site trailer and related facilities
for the CM function, nor do they include incoming utility line costs to support the on-site trailer.
Also excluded are trailer furniture and furnishings. It is anticipated that all of these items will be
supplied by the General Contractor as part of their RFP / bid process. A complete list of these
exclusions is contained within a DRAFTdated April 26, 2002 and forwarded to John Cahill.
Page 2
Construction Management Services Fee Proposal
Aviara Community Park Project
July 1,2002
Page 3
d. Exclusions to Construction Management Fee Proposal
1. Scope of services excluded from Proposed Scope of Construction Management Services in
Section 6.
2. Furnished jobsite trailer facility, etc. as referenced above.
Page 3
Description
Exhibit 1 -Fee Schedule
Aviara Community Park Project
Estimate of Construction Management (Stam Fees
1JUl-02
Estimated Estimated
Hours Unit $/Unit Duration Total
Phase I: Pre-Construction (Julv 1, 2002 - October 7, 2002
Principal 4 hours
Sr. Construction Manager 10 hours
ClericalIDocument Control 3 hours
Phase II: Construction (October 8, 2002 - October 28.2003)
Principal 2 hours
Sr. Construction Manager 40 hours
ClericalIDocument Control 24 hours
Phase 111: Post-Construction (October 29. 2003 - December 28. 20031
Principal 2 hours
Sr. Construction Manager 40 hours
ClericalIDocument Control 8 hours
$125
$115
$48
$125
$115
$48
$125
$1 15
$48
14 weeks
14 weeks
14 weeks
55 weeks
55 weeks
55 weeks
8 weeks
8 weeks
8 weeks
$7,000
$16,100
$2,016
$13,750
$253,000
$55,296
$2,000
$36,800
$3,072
Total Estimated Construction Management (Staw Fees $5,052 77 weeks $389,034
Notes:
1) Hours budgeted above are only an estimate of the total hours required for BBG lo complete the assigned
tasks; actual hours necessary to complete tasks may be greater or less than budgeted hours. Any hours worked or
invoiced in excess of budgeted hours must first be approved in writing by Owner.
2) Hourly staff rates for work performed after November 30. 2003 shall be escalated at a rate of 6% per annum.
3) Hourly staff rates do not include reimburseable fees. Reimbursable fees are indicated on Exhibit 2
4) Hourly staff rates do not include Professional Liability insurance premiums.
Exhibit 2 -Reimbursable Expenses Schedule
Aviara Community Park Project
1JUl-02
~ ... Estimate of Reimbursable Expenses
Item Reimbursable Description
Oftice and Other EauiDment:
Estimated Estimated Estimated
Quantity Unit $/Unit Total
1. Notebook Computer wlmodem 1 each $2,500 $2,500
2. Stationary Computer Workstation wlmonitor 1 $2,750 $2,750
3. JAZ Drive Back-up
each
2 each $600
4. Network Hardware
$1,200
2 each $650 $1,300
5. Multi-Function Copier (color), Scanner, Fax, Printer 1 each $2,200 $2,200
6. Line Conditioners
7. Prolog PM Software
2 each $25
2
$50
each
8. MS OfficePro Software
$800 $1,600
2 each $550
9. Norton Anti-Virus Software 2 $125 $250
$1,100
each
10. WinFaxPro Software 2 each $125 $250
11. MS Project Scheduling Software 1 each $500 $500
12. Back-up Software 2 each $125 $250
13. Computer System(s) Installation & Svc. Agreement 1 $1,250 $1,250
14. Enhanced Warranty for Computer System(s)
each
2 each $200 $400
15. Cellular PhonelPager 1 each $150 $150
16. Camera - Digital 1 each $525 $525
17. Small Refriaerator 1 each $250 $250
18. Desk Accessories, Hardhats. Miscellaneous 1 each $400 $400
19. Subtotal -Office and Other Equipment $16,925
- -~.. -~..
20. Cellular and Paging
Monthly ExDenses:
21. Telephone
22. Computer and Oftice Equipment Maintenance
23. DSL Internet Service
24. Consumable Oftice Supplies
25. Document Reproduction, Binding & Blueprinting
26. Messenger and Notary Services
27. Postage and Federal Express
28. Subtotal -Monthly Expenses
29. Travel ExDenses:
30. Job Mileage (excludes daily commute)
31. Parking Fees
32. Transportation
33. Car Rental
15
15
15
15
15
15
15
15
month
month
month
month
month
month
month
month
$135
$250
$200
$200
$380
$325
$100
$190
$2,025
$3,750
$3,000
$3,000
$5,700
$4.875
$1,500
$26,700
$2.850
15 month $135 $2,025
0 Is
0 $0 $0
Is
0
$0 $0
Is $0 $0
Page 1 of 2
Exhibit 2 -Reimbursable Expenses Schedule -continued
Aviara Community Park Project
Estimate of Reimbursable Expenses
1Jul-02
Item Reimbursable Description
Estimated Estimated Estimated
Quantity Unit $/Unit Total
34. Lodging 0 Is $0 $0
35. Entertainment 8 Meals 0 Is $0 $0
36. Subtotal -Travel Expenses $2,025
37. Subtotal Reimbursable Expenses
38. Mark-Up (7% of Subtotal of item 37)
$45,650
$3,196
39. Subtotal (items 37 + 38) $48,846
40. $1 mm E&O Insurance - 3 year "tail" (no mark-up) 1 is $52.000 $52,000
41. Total Reimbursable Expenses (item 39 + 40) $100.846
NOtBS:
1) The scope of reimbursable items referenced above do not include on-site trailer and related facilities for the CM
function, nor do they include incoming utility lines costs to support on-site trailer. Also excluded are trailer furniture and
furnishings. All of these items are intended to be supplied by the General Contractor as part of their RFP/bid process. These
A complete list of these exclusions are contained within a DRAFT dated April 26, 2002 and forwarded to John Cahill
Page 2 of 2