HomeMy WebLinkAboutDudek; 2010-01-15;AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE GRADING OF ALGA NORTE PARK, PROJECT NO. 3837
(DUDEK)
tc*&-THIS AGREEMENT is made and entered into as of the lb day of
' 20 I £, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and DUDEK, a California Corporation, ("Contractor").
RECITALS
A. City requires the professional services of a firm that is experienced in the
construction management and inspection of grading.
B. Contractor has the necessary experience in providing professional
services and advice related to construction management and inspection of grading.
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 one year from the date first
above written. The City Manager may amend the Agreement to extend it for one
additional one year period or parts thereof in an amount not to exceed ninety eight
thousand eight hundred twenty five dollars ($98,825) per Agreement year. Extensions
will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
City Attorney Approved Version #05 06.08
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be ninety eight thousand eight hundred twenty five dollars ($98,825). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
City Attorney Approved Version #05.06.08
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #05.06.08
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to City's satisfaction, a
declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
City Attorney Approved Version #05.06 08
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Patrick Vaughan Name George Litzinger
Title Deputy City Engineer Title Project Manager
Department Engineering/CM&l Address 605 Third Street
City of Carlsbad Encinitas, CA 92024
Address 5950 El Camino Real Phone No. (760) 942-5147
Carlsbad, CA 92008
Phone No. (760) 602-2780
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
City Attorney Approved Version #05.06 08
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #05.06.08
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
City Attorney Approved Version #05.06 08
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #05.06.08
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
ign here)
CITY^OF CA
corporation of
(print name/title)
Dudek
Frank Dudek
'M Manager.ot-Mayor -
a municipal
'aliforaia
President ATTEST:
(e-mail address)
fcByk
(sign here)
June Collins
(print
4*x dfa,^-
*#*y£°o'''/C^H£&^
^4n-Ji^i:r O :^
Dudek
. f f~\. CoWv
(e-mail address) '/^^ ^ -»
If required by City, proper notarial acknowledgment of execution by contrac'lter"'1^
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 F^ BALLCity Attorney
Deputy City Attorney
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE GRADING OF ALGA NORTE PARK, PROJECT NO. 3837
(DUDEK)
City Attorney Approved Version #05.06.08
EXHIBIT "A"
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
TASK I: PRECONSTRUCTION PHASE SERVICES
Task I.I: Project Management
Kickoff Meeting
Once we have been selected, our construction management team will schedule a kickoff
meeting with the City's project manager to outline project issues and discuss our roles. We will
provide coordination and management at City request during the pre-bid and bidding phase
including running the pre-bid meeting.
The goals of this meeting will be two-fold. First, the sooner we can start conversing with the
City about the project and obtain information, the better prepared we'll be when we are
officially given the notice to proceed. Second, we would like to discuss the issues identified in
this proposal to determine if any of them need to be addressed in the contract documents prior
to bid. The tentative agenda for the meeting is as follows:
• Discuss City's expectations of the Dudek team
• Confirm project goals
• Discuss and obtain current copies of all project documents (plans, specifications, soils
reports, permits environmental documents, right-of-way (ROW) documents, agreements
with other agencies)
• Discuss project issues and potential solutions
• Determine key milestone dates
• Review lines of communication
• Discuss preferences and format of the Construction Management Procedures Manual
• Assign tasks and establish next step.
Task 1.2: Preconstruction Conference
Prior to the contractor's Notice to Proceed, the construction manager will meet jointly with
the contractor, City project manager, and other involved entities as needed to outline to the
contractor: contract administration guidelines, contractual roles and relationships and
reinforcement of specific requirements for safety, security and access through various
construction site. The construction manager will highlight the project concerns and contractual
requirements.
We will prepare the agenda, conduct meetings, and issue meeting minutes for the
preconstruction meeting once the construction contract has been awarded. Our construction
management team will meet jointly with the City's project manager, the contractor, and other
agencies involved to outline to the contractor the contract administration guidelines, contractual
roles and relationships, and reinforcement of specific requirements, SWPPP, security, and access
points to the construction site. The construction manager will highlight project concerns
coordination requirements with utilities. Mobilization and staging requirements will be reviewed
and discussed and contract interfacing with other contractors working on the site will be
discussed for a complete understanding of the site usage, ROW issues, and the City's
Page I of 7
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
Departments role. The proposed inspection staff, reporting features required by the contractor,
and contract administrative details will be addressed for complete job site familiarization.
This meeting will set the tone for the project and is crucial that the contractor understands that
we expect him to strictly comply with the contract documents, schedule constraints, and
provide a high quality of work at all times. The goal is to ensure that the contractor understands
that we are there to enforce the specifications, and that we will do it fairly and consistently.
TASK 2: CONSTRUCTION SERVICES
Dudek's role, on behalf of the City, will be to monitor construction progress, handle day-to-day
project coordination with the contractor, be responsible for the overall quality assurance
through inspection, special inspection, and schedule geotechnical and material testing of the
project. Our role also includes administrative duties as listed below.
Task 2.1: Contract Administration/Management
As discussed in our Project Approach, we will be responsible for aspects of contract
compliance, quality assurance, and change orders/claims processing.
Project Coordinator/Document Control
The Dudek team will provide Project Coordinator/Document Control services for this project.
The administrative staff person will be tasked with clerical functions such as receiving calls and
visitors, filing, copying, and data entry such as keying-in letters from the contractor and daily
inspectors' diaries into the document tracking system. The project coordinator will also prepare
meeting minutes, log digital photos, process progress payments, prepare outgoing
correspondence, log submittals, issue submittal registers and pending logs, prepare contract
modifications, process noncompliance reports, prepare project progress reports for the City,
and supply presentation materials to City staff.
Inspector
The inspector will be the key point of contact for the contractor's superintendent in the field
during the course of the work.
If work is non-conforming per the specifications, the inspector will issue a written Notice
of Non-Compliance report for any work installed by the contractor that is not in compliance
with the project plans and specifications. This will require a written response from the
contractor and the issue will be tracked weekly until the issue is resolved to our satisfaction. No
payment will be allowed on any non-conforming work items.
Award to Notice to Proceed
We will tackle the following issues in the first days of the contract to get the project off to a
good start.
Set-up logs. RFI, RFP, requests for change (RFC), correspondence, and procedures for tracking
and reporting. We will set our files up according the City requirements.
Page 2 of 7
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
CPM Schedule. Within 30 days of Notice-of-Award and prior to Notice-to-Proceed, the
contractor has to submit his initial baseline schedule submittal. We will review and analyze each
activity and the logic and determine if the work conforms to the contract requirements and if
the work can be built to the contractor schedule. We will compare production rates and
material rates. We will check to see if adequate time is devoted to construction activities. We
will provide a written response to the contractor's schedule submittals.
Task 2.2: Reports and Communications
Our document tracking system consists of Excel spreadsheet logs used to track submittals, RFIs,
monitor issues, contract modifications (change orders), catalog daily inspectors' reports, and
generate and track non-compliance reports (NCRs). We will generate weekly progress meeting
minutes to be issued to the City and contractor within two days after the meeting. The special
inspection daily reports and testing results will be organized and submitted electronically to the
City's Building Department as required. The project files will maintained according to City's
filing system and turned over to City immediately following Notice of Completion.
We will prepare and submit a monthly construction management report to the City no later
than the fifth day of the following month. The report will describe project progress, schedule,
change order management, quality assurance testing, and current project costs, both hard and
soft costs. The report will detail current and future construction activities and issues. The
report will also include a summary of the contractor's schedule and progress payment status,
detail schedule conformance and cost projections. A comparison will be made between the
planned and actual costs, which will be summarized in the monthly report. Project photos with
descriptions will be included report documentation. Updated project tracking logs for
submittals, RFIs, NCRs, and change orders will be included. Project critical action items will be
listed with resolutions and suggested resolutions. The report will identify potential change order
items that may arise.
Task 2.3: Photo Documentation
We will review the contractor's preconstruction videos and photos as well as prepare a
separate, more complete set of our own. The inspector will take date-stamped photos on a
daily basis and catalog them into a digital library. In addition to photo documenting progress,
changes/claims issues, on a weekly basis we will take a site photo from the same location for
preconstruction through completion to provide a time lapse library of the project. All photos at
the end of the project will cataloged and placed on a DVD provided to the City.
Task 2.4: Construction Progress Meetings
Construction Manager will chair weekly meetings with representatives of the contractor, the
City, and the engineer (if needed) to discuss and resolve all project matters (e.g.. progress,
change issues, quality assurance, actions requiring clarification of design, intent, utility
coordination) and assess responsibilities for response to respective participants. Action item
monitoring will be implemented to ensure compliance and timely response by all parties.
Meetings will be documented and minutes distributed within two working days after the meeting
to the City, contractor, and engineer for a complete record of project transactions.
Page 3 of 7
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
Critical Action Item Report. A critical action item report will identify project issues and
help resolve them quickly. The report will detail administrative, design, construction,
environmental, and coordination issues that arise. Each action item will be assigned to project
personnel with a target date to complete or resolve the item. The report will be updated at the
weekly contractor progress meetings.
Task 2.5: Shop Drawings and Submittal Reviews
Our team will generate a master submittal item list from the contract documents of submittals
required from the contractor. This list will include due dates for each submittal and will be
organized by specification section. The master submittal item list will be used to review the
contractor's schedule of submittals and verify the receipt and acceptance of all submittals. We
will provide this to the contractor at the preconstruction meeting.
After we receive the contractor's baseline schedule, we will tie each submittal to the first
activity on the CPM schedule, which is dependent on the approval of the submittal. This allows
us to work with the contractor and design team to prioritize and manage the submittal process
and minimize any delay to the project resulting from late submittal approval.
The Construction Manager will review all submittals for general compliance with specifications
prior to sending the engineer or City. Submittals failing to meet the specification requirements
will be returned to contractor for correction. The Construction Manager will be responsible for
reviewing the General Provision and Division I submittals (i.e., project schedule, safety, schedule
of values, quality control, surveying, etc.) Submittals will be logged regularly on an Excel
spreadsheet documenting the specification section, reviewer, when it was returned, and
approval status of the submittal.
Task 2.6: Plans and Specifications Interpretation
Many contractor's RFIs will be general in nature. Dudek will respond to these RFIs with clear
verification or interpretation of the contract drawings and specifications.
Technical RFIs will be sent to the engineer for response. Dudek will ensure that the City's
project manager approves any request for changes in design. It is our goal to answer all RFIs in a
timely manner to avoid giving the contractor any excuse for delays. RFIs will be logged regularly
on an Excel spreadsheet, which will include the reviewer, when the RFI was returned, the
specification section and plan sheet related, and if the RFI issue resulted in a change order.
Dudek currently maintains a extensive library on site with latest updated plans and
specifications, current Greenbook, City Standards, UBC Building Codes, NFPA Regulations, etc.
Task 2.7: Construction Inspection Services
Dudek will be responsible for the overall quality assurance of the project and will work with the
City's and other agencies for project compliance. Our approach to quality assurance is directed
towards ensuring that the final product quality meets the requirements of the design drawings
and specifications while at the same time meeting the City's expectations. The inspector will be
on site daily during working hours and whenever work is performed outside of normal working
hours. The special inspectors provided by the City (Ninyo & Moore) will be scheduled and
Page 4 of 7
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
managed by the inspector. The inspector will be the key point-of-contact for the contractor's
superintendent during the course of the work. The inspector will not direct the contractor's
work but will facilitate the contractor's efforts to complete the work by anticipating issues that
might affect the progress of the work.
Quality Assurance Inspection Services. Our inspector will provide a majority of the site
inspection to ensure compliance with the contract documents. The onsite inspector will
coordinate material deliveries, inspect materials as they arrive on site, and verify that all
materials and equipment meet contract requirements and are properly stored. The inspector
will inspect the site daily, including site SWPPP, manage special inspectors, and coordinate with
the City's geotechnical and material testing consultant, and will be responsible for the overall
quality assurance of the project.
The onsite inspector will prepare daily reports at the end of each work shift documenting
manpower, equipment, and summary of work activities. The inspector will also be responsible
for obtaining and reviewing the special inspection reports prior to submitting them to the
Building Department. The inspector will field-verify with the contractor all underground tie-in
locations and elevations throughout the course of the project.
Task 2.8: Progress Payments
The Dudek team realizes the importance of an accurate, timely review and submission of the
contractor progress payment redlines each month. Construction Manager will meet with the
contractor to discuss and verify the status of billable quantities, measure quantities, and verify
the contractor's as-builts are up to date at the end of each month. He will prepare the monthly
payment estimate submitted as redlines of the City's monthly progress payment form, which will
include stop notice amounts, updating contract days elapsed, and approved change orders for
the payment period. Updated schedule of values will also be submitted along with the redlines.
Task 2.9: Contractor's Claims and Change Orders
The goal of the Dudek team is to avoid claims and all unnecessary change orders and address
change issues immediately in the City's best interest.
Change Orders
Dudek will have no authority to issue changes or modifications to the contract documents
without City approval. Changes will be initiated by the City or requested by the contractor.
Construction Manager will track, document, provide cost estimates, negotiate changes for added
costs or credits with the contractor, and evaluate schedule impacts of changes in addition to
advising the City of equitable costs and time adjustments for proposed or authorized changes.
Construction Manager will complete, in a timely fashion, all change orders for City
review/approval. Construction Manager will track and document all directed extra work on
daily Time and Materials basis as well as any Contractor disputed work items on a daily basis.
We will keep up-to-date, accurate, and separately numbered records of all changes
and claims.
Claims Management and Avoidance: Our approach to claims management focuses on
claims avoidance during preconstruction and mitigation during construction. Claims avoidance
Page 5 of 7
Alga Norte Community Park Mass Grading
Dudek's Scope of Work for Construction Management and Inspection Services
techniques include a thorough constructability/design review of the design and contract
documents and identification and contract accommodation of potentially changed conditions,
such as subsurface features and proper structuring of bid documents. Our team will also review
the construction contract special provisions to ensure that adequate administrative controls are
included.
We will immediately respond to and notify the City of any claims. Once we have reviewed and
discussed the claim with the City, one of the following actions on the claim will be taken:
rejected; tracked as disputed work depending; or incorporated in change order depending on
the circumstance. Dudek will support the City with any means possible to resolve/defend claims,
including serving as an expert witness.
TASK 3: PROJECT CLOSEOUT
We will prepare a detailed punch-list based on a joint walkthrough with the City. This punch-list
will be compiled into a single list and transmitted to the contractor. We will make it clear to the
Contractor that (I) the project is not complete until the punch list is complete, (2) that punch-
list work is contract work to be completed within the specified contract time, and (3) when the
City is ready to move in, the project is actually complete. Once we have verified the contractor
has successfully completed every item on the punch-list, we will draft any final change orders,
obtain all required lien waivers, guarantees, manuals, training materials, and spare parts for
turnover to the City. Once all of the close out documents and change orders are executed, we
will generate the final pay request. We will review and certify the contractor's as-built drawings
cross-checked against Construction Manager's set of as-built drawings. The finalized, clean set of
record drawings will be submitted to City's project manager within 30-days of project
completion.
Page 6 of 7
City of Carlsbad
Alga Norte Community Park Mass Grading
Management And Inspection Services
Cost Proposal
January 4, 2010
Task 1 : Preconstruction Services
Hours Rate Cost
Task 1.1 Project Management & Kickoff Meeting
Construction Manager
Inspector
Administration
6
4
2
S135
$110
$75
Subtotal
$810
$440
$150
$1,400
Task 1.3 Preconstruction Conference
Construction Manager
Inspector
Administration
4
2
2
$135
$110
$75
Subtotal
Task 1 Total
$540
$220
$150
$910
$2,310
Task 2: Construction Services
(Based on an 120 Working Day schedule)
Hours Rate Cost
Task 2.1 Contract Administration/Management
Construction Manager
Administration
190
20
$135
$75
Subtotal
$25,650
$1.500
327, 150
Task 2.2 Reports and Communications
Construction Manager
Inspector
70
22
$135
$110
Subtotal
$9,450
$2,420
$11,870
Task 2.3 Photo Documentation
Inspector 20 $110
Subtotal
$2.200
32.200
Task 2.4 Construction Progress Meetings
Construction Manager
Inspector
30
20
$135
$110
Subtotal
$4,050
$2,200
36,250
Task 2.5 Shop Drawings and Submittal Reviews
Construction Manager
Inspector
10
10
$135
$110
Subtotal
$1,350
$1,100
$2,450
Task 2-6 Plans and Specifications Interpretation
Construction Manager 20 $135
Subtotal
Hours Rate
$2,700
32, 700
Cost
Task 2.7 Construction Inspection Services
Inspector 300 $110
Subtotal
$33,000
333,000
Task 2.8 Progress Payments
Inspector 12 $110
Subtotal
$1,320
37,320
Task 2.9 Contractor's Claim and Change Orders
Construction Manager 50 $135
Subtotal
Task 2 Total
$6,750
36,750
$93,690
Task 3: Project Closeout
Construction Manager
Inspector
Administration
Hours
10
10
5
Rate
$135
$110
$75
Task 3 Total
Cost
$1,350
$1,100
$375
$2,825
,- V*,r--'#V'A' , -,#• -•) ^ -I'^f t .*^«;/" " Pro|ecfejrota^il$98;825^
D U D E !<
Page 7 of 7