HomeMy WebLinkAboutDUDEK; 2014-01-29; TRAN1060TRAN 1060
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR
COASTAL RAIL TRAIL REACH 1 - CONTRACT NO, 4012
(DUDEK)
^HIS AGREEMENT Is made and entered into as of the c^^'^ day of
Jcznucxrcf , 2014, 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 consultant that is experienced in
construction management and inspection services for municipal capital improvement projects,
B, Contractor has the necessary experience in providing professional services and
advice related to the required construction management of capital improvement projects,
C, 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 nine (9) months from the date first
above written. The City Manager may amend the Agreement to extend it for one (1) additional
six (6) month period 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 ofthe extended
Agreement,
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement,
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
thirty thousand dollars ($30,000), 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".
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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
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, ahy 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 eariy termination ofthis 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-:VH". OR
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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 Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement, City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabiiitv 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 Liabiiitv, (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 Employer's Liabiiitv, 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 ofthe work,
I I If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived,
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 Commercial General
Liability which shall provide primary coverage to the City,
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
City Attorney Approved Version 1/30/13.
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 Carisbad 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 cleariy 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 John Maashoff Name George Litzinger
Title Construction Manager Title Project Manager
Department Public Works/Tran Address 605 Third Street
City of Carisbad Encinitas, CA 92024
Address 5950 El Camino Real Phone No. (760) 942-5147
Carisbad, CA 92008 Email glitzinger@dudek,com
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.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code, The Contractor shall report
investments or interests in all four categories,
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 whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager, The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City 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
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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 othenwise 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 seg.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement,
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties 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.
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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
DUDEK, a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
^^^^
(sign here) Oudek
(print name/title)
(print name/title)
City Managor or Mayor or Division Dir^ectgrg''"//^
as authorized by the City \A^x\2>^^.-^^--9..p^\
ATTEST:
BARBARA ENGLESON
City Clerk
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:
CELIA A, BREWER, City Attorney
...MA. Assistant City Attorney
City Attorney Approved Version 1 /30/13
ACKNOWLEDGMENT
State of California
County of San Diego } ss.
On December 30, 2013 before me, D, Maher
personally appeared X>. ^A\C,VyA.-LL KA-eiyS.
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY^OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~ D. MAHER \
Commission No. 2009598 g
I NOTARY PUBUC - CALIFORNIA 5
SAN OIEGO COUNTY s
> —\wr- Cofflmlssion Expires Match 3,2017 \
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Thumbprint of Signer
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CFO / COO
President / Vice-President / Secretary / Treasurer
Other:
Other Information;
I I Check here If
no thumbprint
or fingerprint
is available.
008 AMsxme Notai
ACKNOWLEDGMENT
State of California
County of San Diego } ss.
On December 30, 2013 before me,
personally appeared Frank Dudek
D, Maher _, Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the perspn(s), or the entity upon behalf of
which the person(s) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
D. MAHER \
Commission No. 2009598 Q
NOTARY PUBUC - CALIFORNIA B
SAN OIEGO COUNTY j
Commission Expires March 3,2017 \
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Thumbprint of Signer
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice-President / Secretary / Treasurer
Other: • •
Other Information: '
I I Check here if
no thumbprint
or fingerprint
is available.
ffl 2008 ASistate
DUDEK Exhibit "A*
MAIN OFFICE
605 THIRD STREET
BNCINITAS. CALIFORNIA 92024
T 760,9-12,5117 T 800.450.181 8 F 760.632,01 6-)
December 23, 2013
Mr. John Maashoff
City of Carlsbad
5950 El Camino Real
Cartsbad, California 92008
Subject: Request for Proposal - Coastal Rail Trail Reach I, Contract No. 4012 - Construction
Management Services Proposal
bear Mr. Maashoff:
Enclosed is our proposal to provide part time construction management services for the above mentioned
project enclosed is our proposed scope of v^ork for the total Not-to-Exceed cost of $30,000. Dudek is
proposing Marius Jaskula, PE, CCM to serve as the construction manager on this project.
Dudek is excited about the opportunity to provide these services to the City. Should you have any questions
or require additional information during the proposal evaluation process, please contact me.
Sincerely,
George Litzinger, PE
Project Principal
WWW.DUDEK.COM
D SCOPE OF WORK
TASK I PRECONSTRUCTION SERVICES
Task I.I Project Management
The Construction Manager will establish a document control system with excel spread sheets
organized in format according to the City's project tracking standards and procedures including
preparing RFI, submittal, notification forms and tracking logs. All project files will be transmitted
and stored electronically throughout the project.
Task 1.2 Preconstruction Conference
The Construction Manager will conduct a:nd chair this conference that will include overall project
objectives, roles and responsibilities, key submittal requirements (schedule of values, CPM
schedules, submittal and schedules), and administrative procedures related to submittal processing,
R.FI processing, progress payments. City of Oceanside coordination, change order processing,
permit requirements and notifications, document control requirements, and other pertinent topics.
The Construction Manager will provide a concise summary of meeting minutes detailing the project
requirements and discussions from this meeting.
TASK 2 CONSTRUCTION SERVICES
Task 2.1: Contract Administration/Management
The Construction Manager will be responsible all aspects of contract compliance, construction
inspection, change processing, permit compliance, quality control, contract interpretation and
enforcement. The Construction Manager will manage and inspect the project from Home Plant Lift
Station Project field office and Dudek also has local office nearby the project for office support as
well. The Construction Manager will prepare all required reports, letters, track permits and
insurance documentation, stop notices, resolve nonconforming items and review the contractor's
Record Drawings, coordinate with City's staff as-needed, draft progress payments and prepare a
punch list.
The Construction Manager will enforce all environmental and permit (federal, state and local)
requirements on the project which is in a sensitive habitat area next to the lagoon. Dudek has
provided environmental services to the City near this area and is very familiar with the City's
policies and procedures for enforcing these requirements. The construction manager will
coordinate with the City of Oceanside as-needed on this project also throughout the course of the
project.
Task 2.2: Reports and Communication
The Construction Manager will document and distribute all relevant project communications to the
City and applicable parties. He will furnish original project documents and final project reports to
the city within 30 days following filing of Notice of Completion. The Construction Manager will
maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other
submittals, logs of requests for information, change orders, progress payment requests, progress
meeting reports, daily inspection reports, dates of utility service interruptions, and all other project
correspondence.
Request for Proposal - Request for Proposal - Coastal Rail Trail Reach I. Contract No. 40/2 Construct/on
Management Services
Task 2.3: Photo Documentation
The Construction Manager will review the contractor's videotape of preconstruction site
conditions prior to any construction operation to confirm existing conditions within the limits of
work, adjacent areas, and along haul routes to document and clearly depict pre-existing conditions.
The Construction Manager will prepare additional videotape and photographs to document site
conditions as required to supplement the contractor's videotape to ensure existing conditions
along the alignment are documented and ultimately returned to the original condition at the end of
the project. The Construction Manager will take and develop construction documentation
photographs on a regular basis and maintain a digital photographic library of all significant
construction activities, providing unique file names for photos including date and location
information. The Construction Manager will take additional photographs to document differing site
conditions, change order and claim items, and any special or unique conditions as the arise.
Task 2.4: Construction Progress Meetings
Construction progress meetings will be conducted weekly during the course of the project. The
Construction Manager, City personnel, contractor, and utilities, as appropriate, will participate in
progress meetings. These meeting will be coordinated and chaired by our Construction Manager
who will prepare and issue meeting agendas and meeting minutes for all progress meetings and
special meetings with the contractors.
Task 2.5: Shop Drawings and Submittal Reviews
The Construction Manager will receive, log, distribute, monitor and track shop drawings and
submittals made by the contractor, and coordinate the review of shop drawings and submittals
with the City and the design engineer where appropriate. Dudek will review all submittals for
general compliance with the requirements of the Contract Documents prior to forwarding the
submittals to the design engineer. Dudek will review and process submittals of a general nature
such as sand, asphalt paving, site concrete, etc.
Task 2.6: Plans and Specifications Interpretation
The Construction Manager will receive, log, distribute, monitor and track all RFIs submitted by
the contractor. Dudek will coordinate, as needed, with the design engineer for interpretation of
the Contract Documents where appropriate and will respond to all RFIs in a timely manner. The
Construction Manager will review and process RFIs of a general nature that do not alter the
design intent.
Task 2.7: Construction Inspection Services
Services to be provided by the City.
Task 2.8: Disadvantaged Business Enterprises (DBE) Subcontracting
Compliance
On a monthly basis the Construction Manager will verify the City Inspector is performing the
required wage rate interviews, verifying the listed DBE subcontractors are indeed performing the
work and supplying the materials per listed in the DBE participation Commitment Exhibit.
Task 2.8-1: Progress Payments
At the end of the month the Construction Manager will walk the project with the City Inspector to
verify percent complete of the work on lump sum bid items and field measure unit price items.
Once the payment application percent complete is approved, the Construction Manager vvill
request that the contractor complete the payment application with required backup and will review
Request for Proposal - Coastal Rail Trail Reach I, Controct No. 40/2 Construction Management Services
it with the City for approval. The Construction Manager will discuss prerequisites to a complete
payment application with the City prior to the start of the project.
These prerequisites will include:
• Monthly schedule update with current status
• Updated Certified Payroll and Required DBE Documentation
• Updated as-built documentation
• Up-to-date SWPPP documentation and implementation
Task 2.9: Contractor Claims and Change Orders
The Construction Manager will:
• Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra
work and change orders
• Negotiate all claims to an agreed contract/consultant/City conclusion
• Submit change orders to the City for approval
• Prepare a report providing statement of claim, extra work or change; background leading
to issue; resolution alternatives; and resolution recommendation for action by the City
• Prepare written justification and cost estimates for each change order and negotiate costs
with the contractor. Review claims, extra work and change orders that require design
modifications or clarifications, including revisions to drawings, details and specifications
• Resolve claims, extra work and change orders for changes to the work and obtain
City approval
• Provide the lead role and support to the City in resolving claims and disputes including:
written responses to contractors and private parties, giving depositions, assisting with
arbitration and litigation, serving as an expert witness, investigating claims for damages by
private sources, coordinating design services for replacement of damaged work and
services made necessary by contractor default.
Processing a Disputed Change Order
Prior to processing a disputed change order, the Construction Manager should exhaust all
reasonable remedies for resolving the dispute with the contractor. Dudek's recommended change
order review and negotiation best management practices are outlined below and the path we
would follow prior to processing a disputed change.
Prompt Resolution of Changes in the Field
Critical to cost management is the prompt resolution of cost and schedule issues in the field. The
most detailed knowledge of an issue resides in the field with the contractor's personnel and the
owner's construction representative. We believe that it is best handled in the field and that
providing qualified personnel in the field, the Construction Manager will be able to resolve most
issues in the field. When or if it does become necessary to elevate issues to a higher executive
level, Dudek will ensure that all viable options for field resolution have been exhausted.
TASK 3: PROJECT CLOSEOUT
The Construction Manager will coordinate construction close-out by working with the contractor
in developing a punchlist to finalize each item of work not yet signed off. This list will include all
Request for Proposal - Coastal Rail Trail Reach I, Controct No. 40/2 Construction Management Services
items from a joint walkthrough with the City and City of Oceanside. The Construction Manager
will generate a comprehensive list of these items from the walkthrough. The Construction Manager
will be firm with the contractor that the contract is not complete (nor final payment or retention
released) until all punch list items are complete. The Construction Manager will ensure the
contractor provides an accurate complete set of red-lined incorporating all plan and specification
modifications during the project.
Final Completion
As the project nears final completion, it is important that ail outstanding payments and change
orders are resolved and paid, if valid. There should be no surprises when the project is finalized
and the costs are all accounted for. Throughout the project, Dudek will track amount spent and
where the project is in reference to the budget. Our goal is to deliver each project at or under the
budget set by the City.
Final completion marks the last major milestone in the construction process. We will follow up to
ensure that all warranties and guarantees are provided to the City. All final inspections will be
completed prior to signing off on the project. All invoices, documents, record drawings, project
files etc., will be organized and delivered in an orderly manner in accordance to Caltrans filing
standards by the Construction Manager. We will provide the City with a seamless transition of
paperwork to close the project out without needing extended time to do such. Dudek will submit
a DVD of all project files and a hard copy of the record drawings to the City at the end of the
project.
Request for Proposal - Coastal Rail Trail Reach I, Contract No. 40/2 Construction Manogement Services
2 SCHEDULE AND FEE
Based on the construction schedule, Dudek takes no exception in providing the part time staffing level
required for the duration of the project of 60 working day construction contract duration including the
coordination work required during pre-construction and closeout support phases of the project (total
project duration of 5 months) for the total Not-to-Exceed cost of $30,000.
Request for Proposal - Coostal Roil Trail Reach /. Controct No. 40/2 Construction Manofement Services
HOURLY RATES
HOURLY RATE SCHEDULE
Staff Member Name
Marius Jaskula, PE, CCM Construction Manager $135
Request for Proposal - Coastal Rail Trail Reach I, Contract No. 40/2 Construction yVlanogement Services