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Home My WebLink AboutB & G Consultants; 2004-05-04;AMENDMENT NO. 2 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR AVIARA COMMUNITY PARK (B&G CONSULTANTS) . This Amendment No. 2 is entered into and effective as of the 9% day of ay 4, 2004, (the “Agrekment”) by and between the City of Carlsbad, a municipal corporation, (“City“), and B&G CONSULTANTS, a California Corporation (“Contractor“) (collectively, the “Parties”) for construction management services on project no. 3699-1 Aviara Community Park. &iE/ul&R-, 200\(, amending the agreement dated RECITALS A. On July 21, 2005, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement‘s scope of work to increase the contract amount by $162,500 to include additional Construction Management services beyond the Aviara Community Park original construction completion date of February 13, 2005, for a total agreement price of $562,178 (AB 18,205, RES 2005-224); and B. The Parties desire to alter the Agreement‘s scope of work to increase the contract amount by $150,049; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit A, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit A. 2. City will pay Contractor for all work associated with those services described in Exhibit A on a time and materials basis not-to-exceed one hundred fifty thousand forty-nine dollars ($150,049). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit A by May 4, 2006. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 1 City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment 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 Amendment. (sign here) (print nameltitle) (e-mail address) CITY QF CARLSBAD, a municipal (e-mail address) ATTEST: && L&@l INE~OD (J City Clerk If required by City, proper notarial acknowledgment 0, execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: - Deputy City Attorhey 2 City Attorney Approved Version #05.22.01 EXHIBIT “A” SCOPE OF SERVICES AND FEE Aviara Community Park Project Hourly Rates & Reimbursable Estimate 26-Sep-05 Contract Amendment #2 Position/Role: Hourly Rate Principal Sr. Construction Manager ClericaVDocument Control $137 $126 $55 Reimbursables: Reimbursables shall be at cost plus 7% 3 City Attorney Approved Version # 05.22.01 AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT NO. 3699 AVIARA COMMUNITY PARK (B&G CONSULTANTS) This Amendment No. 1 is entered into and effective as of the . , . day of -1 2005, amending the agreement dated “May 4, 2004 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and B & G CONSULTANTSl (“Contractor“) (collectively, the “Parties”) for construction management services on project no. 3699 Aviara Community Park. <u!y A. The Parties desire to alter the Agreement‘s scope of work to increase the contract amount by $1 62,500 to include additional Construction Management services beyond the Aviara Community Park original construction completion date of February 13, 2005, and continue until the project is completed on or about October 31, 2005, for a total agreement price of $562,178; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit “A, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A“. 2. City will pay Contractor for all work associated with those services described in Exhibit “A on a time and materials basis not-to-exceed five hundred sixty-two thousand one hundred seventy-eight dollars ($562,178). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A by May 4, 2006, as provided for in the original agreement dated May 4,2004. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 1 6. The individuals executing this Amendment 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 Amendment. CITY OF CARLSBAD, a municipal (print ?ame/title) (print namehitle) 7Pm ITCi 2BWG c@Jh.pwE. CQq (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: " Deputy City AttJrney AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT NO. 3699 AVIARA COMMUNITY PARK (B&G CONSULTANTS) 2 City Attorney Approved Version #05.22.01 t CALIFORNIA ALLPURPOSE ACKNOWLEDOMENT State of California I 'c112fl5 hafnrn ma NOTARY PukLic 0 personally known to me pkproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that be(4Rehhey executed the same in bkherltheir authorized capacity(ies), and that by hieherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature ol mly Public OPTIONAL Though the infomation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document Title or Type of Document: - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: - Q IS39 NalionaJ Notary Associaibn. 9350 De soto Aw., P.O. Box 2402 * Chatsworh. CA 91313-2402. www.nationalnotaly.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-8827 Pti 619.595.7830 FA% 619 595 7812 E. M AI L : t D !; 0 n "9 con bu I I a c. I 9. c om CON5-RbCTIG"r PqOGRlM UANAGEMFNT 750 E STREET. SIJl?E IS60 ?idN OIEGO, ChLIFCRNIA 9Z;Ol wv w 0 n fJ C3" * u I !a" !9. co 9 May 24,2005 Mr. Skip Hammann, Deputy City Engineer City of Carlsbad - Public WorkslEngineering 5950 El Camino Real Carlsbad, California 92008 Re: Construction Management Services - PO#'! 14056 Aviara Community Park Project Dear Skip: In accordance with the request of Grant Eklund please find attached our estimate of Construction Management fees {including staff fees and reimbursabfe expenses) for the period April 26, 2005 through October 31,2005. These fees are indicated on the attached Exhibits I and 2, which can be inserted as exhibits to the required Contract Amendment for our Purchase Order #I 14056 for CM services on the Aviara Park project. Please be advised that effective April 25, 2005 we have reached the monetary limit of our original contract amount of $399,678. The additional CM fees set forth in the attached Exhibits I and 2 provide for continuous, full-time on-site CM services through October 31, 2005, and will be drawn down on an hourly basis until such time as the actual project completion is achieved. Please let me know if you have any questions relating to the attached. Sincerely, Cc: John Cahill \NIattnchments Exhibit 1 - Fee Schedute Aviara Community Park Project Estimate of Construction Management Fees for Project Cornpietion 25-Apr-05 Estimated Estimated Description Hours Unit $lUnit Duration Total Phase I: Pre-Construction Principal 0 hours $1 37 nla $0 Sr. Construction Manager 0 hours $126 nla $0 ClericallDocurnent Control 0 hours $55 nla $0 Phase II: Construction (April 26. 2005 - September 30.20051 Principal 2 hours $137 laweeks $4,932 Sr. Construction Manager 40 hours $126 18 weeks $90,720 $26,730 Clerical/Document Control 27 hours $55 18weeks Phase Ill: Post-Construction (October 7, 2005 - October 31. 2005) Principal 2 hours $137 5 weeks $1,370 $25.20C Sr. Construction Manager 40 hours $126 Sweeks ClericaliDocument Control 8 hours $55 5weeks $3,52C Total Estlrnated ConstructIon Management (staff) Fees 1,492 hours 23 weeks $152,412 Motes: 1) Hours budgeted above are only an estimate of the total hours required for B&G to 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 February 28,2005 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) Hourlv staff rates include Professional Liability insurance coverage, including the required 3-year tail 4 City Attorney Approved Version # 05.22.01 Exhibit 2 - Reimbursable Expenses Schedule Aviara Community Park Project Estimate of Reimbursable Expenses for Job Completion 25-Apr-05 Item Reimbursable Description Estimated Estlmated Estimated Quantity Unit SNnit Total 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. 15. 16. Monthlv ExDenses (Ami1 26, 2005 - October 32,2005k Cellular and Paging 6 Telephone 6 Computer and Office Equipment Maintenance 6 DSL Internet Service 6 Consumable Office Supplies 6 Document Reproduction, Binding & Blueprinting 6 Messenger and Notary Services 6 Postage and Federal Express 6 Subtotal - Monthly Expenses month month month month month month month month $142 $0 $225 $0 $400 $345 $115 $21 0 $852 $0 $1,350 $0 $2,400 $2,070 $690 $1,280 $8,622 Travel ExDenses (AMI 26.2005 - October 31,2005): Job Mileage (excludes daily commute) 6 month $125 $750 Parking Fees 0 Is $0 $0 Transportation 0 Is $0 $0 Car Rental 0 Is $0 $0 Lodging 0 Is $0 $0 Entertainment & Meals 0 Is $0 $0 Subtotal - Travel Expenses $750 17. Subtotal Reimbursable Expenses $9,372 18. Mark-Up (7% of Subtotal of item 17) $656 19. Total Reimbursable Expenses (Items 17 + 18) $10,028 Flotes: 1) The scope of reimbursable itenis 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 terns are intended to be supplied by the General Contractor as part of their RFPlbid process A mmnlPte list of these exclusions are contained within a DRAFT dated April 26, 2002 and forwarded to John Cahill City Attorney Approved Version # 05.22.01 5 EXHIBIT 3 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR AVIARA COMMUNITY PARK B & G CONSULTANTS THIS AGREEMENT is made and entered into as ofihe . day of h-y , 2004, by and between the CITY OF CARLSBAD, a municipal corporation,-("City"), and B & G CONSULTANTS, a California Corporation, ("Contractor"). 4'' RECITALS A. City and Contractor have previously entered into an agreement dated December 16, 2002 for Contractor to provide construction management services for City's Aviara Community Park, hereafter referred to as the "Project." City and Contractor mutually agreed via Resolution 2004-062 on March 9, 2004 to void and rescind said prior agreement. It is the mutual intent and desire of City and Contractor to enter into this new agreement to provide the aforementioned services for the Project. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. City and Contractor desire to ratify work already performed without benefit of contract. B. C. D. E. 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 two (2) 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. 1 City Attorney Approved Version #04.01.02 b 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be three hundred ninety nine thousand six hundred seventy eight dollars ($399,678). 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 attached Exhibit "A". All office equipment, tools, systems, hardware, software, exhibits, remaining consumable office 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 deliOered 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 2 City Attorney Approved Version #04.01.02 7 the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 3 City Attorney Approved Version W4.01.02 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation limits as required by the California Labor Code 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 five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 4 City Attorney Approved Version #04.01.02 4 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 City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: Skip Hammann Title: Deputy City Engineer Department: Public Works City of Carlsbad Address: 5950 El Camino Real, Phone No.: 61 9-595-7800 Carlsbad, CA 92008 Phone No.: 760-602-2780 Name: Michael Giffin Title: President, B & G Consultants Address: 750 B Street, Suite 1860 San Diego, CA 92101 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. 5 City Attorney Approved Version W4.01.02 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version M4.01.02 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor 7 City Attorney Approved Version #04.01.02 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, song 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. Ill 8 City Attorney Approved Version #04.01.02 /3 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 a CONTRACT0 ATTEST: PLEf,?? I" .-*- 1 Ti I.,: I_L ~ (print namehitle) k,b E,. ' " )~cKNo~~~~E~?G:~L LI J CERTIFICATE **By: -r8rXi-wU @ W6ccP/s dukrn- w (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BAACity Attornpy By: Deputy City Attorney City Attorney Approved Version W4.01.02 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared 0 personally known to me doved to me on the basis of satisfactory evidence to be the person$$ whose nam& dafe- subscribed to the within instrument and acknowledged to me that he/-xecuted the same in his/kefftt.rerr authorized capacity@+, and that by his/be&be+ signatureGaJon the instrument the personN or the entity upon behalf of which the person($ acted, executed the instrument Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reartachment of this form to another document Description of Attached Document Title or Type of Document $fM '& c Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer M&I G el 6 L'fRh 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General Signer Is Representing: Prod No 5907 Reorder Call Toll Free 1%00-876€827 0 1999 National Notary AssOciabon - 9350 De Solo Ave PO Box 2402 - Chalswollh CA 91313-2402 - wwwnatlonalnotaryorg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Name(s) of Signerls) personally appeared ci personally known to me 6roved to me on the basis of satisfactory evidence to be the persofl whose name# ish subscribed to the within instrument and acknowledged to me that hetskdtkey executed the same in his/- authorized capacity@@, and that by his- signature(6on the instrument the personwor the entity upon behalf of which the persony acted, executed the instrument. Though the rnformation below IS not required by law, rt may prove valuable to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: A~Tv;~ ~*5e,, ;e /Id Document Date: Number of Pages: Signer(s) Other Than Named Above: 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General Signer Is Representing: 0 1999 National Notav Asmiation 9350 De Soto Ave.. P.O. Box 2402 - Chatworth. CA 91313-2402 - w.nathalnolav.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A CONSTRUCTION PROGRAM MANAGEMENT CITY OF CARLSBAD, AVIARA COMMUNITY PARK Scope of Construction Management Services I .o Basic Services and ResDonsibilities 1.0.1 1 .I 1.2 I .3 1.4 I .5 1.6 1.7 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” Staff Assistance - The CM will provide technical and managerial staff assistance to the City for the specific tasks described hereupon for the con st ruction program. Meetings - Organize, schedule, attend and record all program-related meetings. Reports - Generate and distribute management information reports throughout project detailing progress, schedule, compliance with specifications and financial status. Document Control - Establish and maintain records, design data, drawings, and correspondence pertaining to the project. 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. Cost Control - Under the direction of the City, establish cost monitoring and control procedures. Provide monthly cost and cash flow reports to City. 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. Page 1 of 10 1 /7/2004 Scope of Construction Management Services - Cont’d m- CONSTRUCTION PROGRAM MANAGEMENT 1.8 1.9 1.10 1.11 1.12 1.13 1.14 Consultant Contract Preparation - Assist the City with preparation of the Agreement between the Owner and any required consultant. 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. 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. Project Construction Schedule - Prepare a Master Construction Schedule. Critical Path Method scheduling network systems shall be utilized. Design Phase Milestone Schedule - Prepare a Milestone Schedule for design work, which shall be a method for judging progress during the Design Phase. Permit Responsibility - Monitor, assess, and expedite obtaining permits from governmental agencies and utility companies. 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 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. Page 2 of 10 1 /7/2004 Scope of Construction Management Services - Cont’d CONSTRUCTION PROGRAM MANAGEMENT 2.0 Preconstruction Phase Services 2.1 2.1 .I 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 Design Phase Services Design Schedule - If requested by City, recommend project design schedules to the City and work with the design professional to execute schedules. 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. 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. Payment Coordination - If requested by City, review all request for payments by the design professionals and make recommendation for payments. 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. 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. 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. 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. Page 3 of 10 1/7/2004 I1 Scope of Construction Management Services - Cont’d CONSTRUCTION PROGRAM MANAGEMENT 2.1.9 2.1 .I 0 2.1 .I 1 2.2 2.2.1 2.2.2 2.2.3 2.2.4 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. 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. 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. Bid Phase Services 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. 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. 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. Bid Protest - Assist in the review, evaluation and resolution of any protest filed by a bidder. Page 4 of 10 1 ff/2004 Scope of Construction Management Services - Cont'd CONSTRUCTION PROGRAM MANAGEMENT 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. 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). 2.2.6 3.0 Construction Phase Services 3.1 3.2 3.3 3.4 3.5 3.6 Pre-Construction Conference - Organize, and record a pre- construction conference. 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. Weekly Progress Meetings - Conduct weekly progress meetings, record and distribute minutes. 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. 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. 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. Page 5 of 10 1 /7/2004 Scope of Construction Management Services - Cont’d CONSTRUCTION PROGRAM MANAGEMENT 3.7 3.8 3.9 3.10 3.1 I 3.12 3.1 3 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. 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. 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. 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. Photo and Videos - Provide photographic documentation of project site prior to and during construction. 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. Page 6 of 10 1 /7/2004 20 Scope of Construction Management Services - Cont’d CONSTRUCTION PROGRAM MANAGEMENT 3.1 4 Contract Non-Compliance - 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. 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. 3.1 5 3.1 6 Manage Field Testing Services - Coordinate special field testing services. 3.1 7 Surveying - Coordinate surveys to verify lines and grades with contract documents and to provide building benchmarks. 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. 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. 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. 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. 3.1 9 3.20 3.21 Page 7 of 10 1 /7/2004 Scope of Construction Management Services - Cont'd CONSTRUCTION PROGRAM MANAGEMEN1 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. Maintain "As-Built" Drawings - Maintain one set of contract documents (Le.! "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. 3.24 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(s) 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. 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. Furniture, Fixtures, and Equipment (FF&E) - 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 proposaVbid analysis for the City review. Provide required project management services during FF&E installation and post installation phases. 3.27 Page 8 of 10 1 /7/2004 Scope of Construction Management Services - Cont’d CONSTRUCTION PROGRAM MANAGEMENT 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. 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 and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the City. Process Owner Notice of Completion for approval. 4.2 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. 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. 4.4 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. 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 and/or guarantees, equipment manuals and maintenance schedules for all related equipment; Certificate of Substantial Completion; copies of all permit inspections by city departments (buildingkafety, planning, engineering, mechanical, electrical, plumbing, lifekafety), occupancy permit, final completion and notification of acceptance. Final Payment - Make recommendation to the City regarding Contractor’s final progress payment. Prepare final progress payment report for submission to the City. 4.7 Page 9 of 10 1 /7/2004 23 Scope of Construction Management Services - Cont’d ~ CONSTRUCTION PROGRAM MANAGEMEN1 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. Occupancy Assistance - Coordinate the planning for move-in and occupancy. Assist the City in implementing their move-in and occupancy plan. 4.9 4.1 0 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. Page 10 of 10 1 /7/2004 Construction Management Services Fee Proposal Aviara Community Park Project January 7,2004 CONSTRUCTION PROGRAM MANAGEMENT Construction Management Services Fee Proposal to City of Carlsbad for the Aviara Community Park Project January 7,2004 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 master planned 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 construction of a compacted building pad and delivered wet utilities for a future foot Community Center building. 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 has been designed and engineered by P & D Consultants NTD Architects and is expected to go out to RFP and public bidding in early 2004 with construction scheduled to begin in March 2004. The total construction budget for the project is +/-$6 million (US$). As part of the management effort of the project the City of Carlsbad has retained B&G CONSULTANTS to provide 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): Pre-Construction Phase Construction Phase Post-Construction Phase 4 weeks (February 1 - February 28,2004) 44 weeks (March 1,2004 - December 31,2004) 8 weeks (January 1,2005 - February 28,2005) Page 1 of 2 Construction Management Services Fee Proposal Aviara Community Park Project January 7,2004 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 inclusive of professional liability insurance premium costs and exclusive of reimbursable expenses (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 February 28, 2005: Staff Function Hourly Rate Principal (Michael Giffm and Antonio Piscitello) $1 37/hour Senior Construction Manager (Keir Toth) $1 26/hour Project Engineer $1 OS/hour CIericaVAdministrative $55/hour c. Reimbursable Expenses Estimated reimbursable expenses 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 DRAFT dated April 26, 2002 and forwarded to John Cahill. d. Exclusions to Construction Management Fee Proposal 1, Scope of services excluded from Proposed Scope of Construction Management Services in Section B. 2. Furnished jobsite trailer facility, etc. as referenced above. Page 2 of 2 m- CONSTRUCTION PROGRAM MANAGEMENT Description Exhibit 1 - Fee Schedule Aviara Community Park Project Estimate of Construction Management (Staff) Fees 7Jan-04 Estimated Estimated Hours Unit $/Unit Duration Total ~~ Phase I: Pre-Construction (Feb. 1, 2004 - Feb. 29, 2004) Principal 4 hours Sr. Construction Manager Clerical/Document Control 10 hours 3 hours Phase 11: Construction (March 1,2004 - December 31,2004) Principal 2 hours Sr. Construction Manager 40 hours CIericaVDocurnent Control 27 hours Phase Ill: Post-Construction (Januaw 1, 2005 - Februaw 28, 20051 Principal 2 hours Sr. Construction Manager 40 hours ClericallDocurnent Control 8 hours $1 37 $126 $55 $137 $126 $55 $1 37 $1 26 $55 4 weeks 4 weeks 4 weeks 44 weeks 44 weeks 44 weeks 8 weeks 8 weeks 8 weeks $2,184 $5,036 $659 $12,056 $221,760 $65,340 $2,192 $40,320 $3,520 ~ ~~ Total Estimated Construction Management (Staff) Fees 3,372 hours $6,305 56 weeks $353,067 Notes: 1) Hours budgeted above are only an estimate of the total hours required for B&G to 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 February 28,2005 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 include Professional Liability insurance coverage, including the required 3-year tail Page 1 of 1 27 CONSTRUCTION PROGRAM MANAGEMENT Item Reimbursable Description Exhibit 2 - Reimbursable Expenses Schedule Aviara Community Park Project Estimate of Reimbursable Expenses 7Jan-04 Estimated Estimated Estimated Quantity Unit $/Unit Total 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Office and Other Eauipment: Notebook Computer w/modem Stationary Computer Workstation w/monitor JAZ Drive Back-up Network Hardware Multi-Function Copier (color), Scanner, Fax, Printer Line Conditioners Prolog PM Software MS OfficePro Software Norton Anti-Virus Software WinFaxPro Software MS Project Scheduling Software Back-up Software Computer System@) Installation & Svc. Agreement Enhanced Warranty for Computer System@) Cellular Phone/Pager Camera - Digital Small Refrigerator I 1 2 2 1 2 2 2 2 2 1 2 1 2 1 1 1 each each each each each each each each each each each each each each each each each Desk Accessories, Hardhats, Miscellaneous 1 each Subtotal - Office and Other Equipment Monthly ExDenses: Cellular and Paging 13 Telephone 13 Computer and Office Equipment Maintenance 13 DSL Internet Service 13 Consumable Office Supplies 13 Document Reproduction, Binding & Blueprinting 13 Messenger and Notary Services 13 Postage and Federal Express 13 Subtotal - Monthly Expenses Travel Expenses: Job Mileage (excludes daily commute) Parking Fees Transportation Car Rental $2,500 $2,750 $600 $650 $2,200 $25 $800 $550 $125 $125 $500 $125 $1,250 $200 $1 50 $525 $250 $400 $2,500 $2,750 $1,200 $1,300 $2,200 $50 $1,600 $1,100 $250 $250 $500 $250 $1,250 $400 $150 $525 $250 $400 $16,925 month $142 month $270 month $225 month $200 month $400 month $345 month $115 month $210 $1,846 $3,510 $2,925 $2,600 $5,200 $4,485 $1,495 $2,730 $24,791 13 month $142 $1,846 0 Is $0 $0 0 Is $0 $0 0 Is $0 $0 Page 1 of 2 CONSTRUCTION PROGRAM MANAGEMENT Exhibit 2 - Reimbursable Expenses Schedule - continued Aviara Community Park Project Estimate of Reimbursable Expenses 7Jan-04 Item Reimbursable Description Estimated Estimated Estimated Quantity Unit $/Unit Total 34. Lodging 35. Entertainment & Meals 0 0 Is Is ~~ $0 $0 $0 $0 36. Subtotal - Travel Expenses $1,846 37. Subtotal Reimbursable Expenses $43,562 38. Mark-Up (7% of Subtotal of item 37) $3,049 39. Total Reimbursable Expenses (items 37 + 38) $46,61 I Notes: I) 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. A complete list of these exclusions are contained within a DRAFT dated April 26, 2002 and forwarded to John Cahill Page 2 of 2