HomeMy WebLinkAboutKitchell Capital Expenditure Managers Inc; 2012-04-25; PEM870PEM870
AGREEMENT FOR CONSTRUCTION MANAGMENT AND OBSERVATION SERVICES
ALGA NORTE COMMUNITY PARK PROJECT NO. 3837 AND 3926
(KITCHELL CAPITAL EXPENDITURE MANAGERS INC.)
THIS AGREEMENT is made and entered into as of the day of
/7jTA'^ff , 2012, by and between the CITY OF CARLSBAD, a municipal
corporatidh, ('City"), and KITCHELL CAPITAL EXPENDITURE MANAGERS INC. (Kitchell
OEM), an Arizona corporation, ("Contractor").
RECITALS
A. City requires the professional services of a Construction Manager that is
experienced in Construction Management and Observation
B. Contractor has the necessary experience in providing professional services and
advice related to Construction Management and Observation services.
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 twenty (20) months from the date first
above written. The City Manager may amend the Agreement to extend it for an additional one
(1) year period or parts thereof in an amount not to exceed one hundred thousand dollars
($100,000) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is ofthe essence for each and every provision ofthis Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
seven hundred forty three thousand six hundred dollars ($743,600). 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, 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 beiialf 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 of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and ali
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-:Vir'. 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 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.
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 Liabilitv. 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 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.
City's Initials Contractor's Initials
If box is checked, Professional Liability
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 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
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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. Citv 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 Citv For Contractor
Name David Hauser Name Domingo Camarano
Title Director Title Regional Executive
Property and
Environmental Kitchell CEM
Department Management Address 853 Camino Del Mar, Suite 200
City of Carisbad Del Mar, CA 92014
Address 1635 Faraday PhoneNo. 858-947-5144
Carisbad, CA 92008 Email dcamarano@kitchell.com
PhoneNo. 760-602-2739
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 Cierk 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 ofthe requirements ofthe 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 liarassment.
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 othen/vise 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 fon/varded 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 fonA/arded
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 othen^/ise recover, the full
amount ofthe 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. Tiiese provisions include false claims made
with delilDerate 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
KITCHELL OTPITAL EXPENDITURE
MANAGEB^INC, an AriBona corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
^ Mavnr ^
(print name/title)
ATTEST:
[RAINE M. WOOD
City Clerk
(sign here)
(print name/title) A^^lQJt^A/t
If required by City, proper notarial acknowledgment of execution 1bi;^'5|
attached. If a corporation. Agreement must be signed by one corporate
t be
??*a^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:
AssistanfCity Attorne^
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(3
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of
On l^" 1^ -^l 2-— before me,
personally appeared
XHere insert narae and title of the offic^) ~
who proved to me on the basis of satisfactory evidence to bp-dae person(s) whose name(s) is7^m^s4ibscribed to
the within instmment and aclmowjg^ed to me that he/she^me}^xecuted the same in his/her/^irjiuthorized
capacity(ies), and that by his/herMieujBignature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, execute^^e instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is tme and correct.
WITNESS
^ ^^^JASMEET AHLUWALIA^ ^M^S^^ COMM. #1960337 ft
OS^^^^ NOTARY PUBLIC • CALIFORNIA !>;
SV^fjtW/ SACRAMENTO COUNTY 0
I ^^t^KcOMM. EXPIRES DEC. 10,2015 f
P V.i> V/ V A/' V 'V^C^'^'^'g'^V
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
]j (Title or descripticrf^of attached document)
4-
(Title or description of atta(^d document continued_
Number of Pages ^ Document Date 2.-
(Additional information)
CAFAO^PTCLAIUED BY THE SIGNER
-.''fJ Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attomey-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must con.ui.. verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
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signer(s) personally appeared before the notary public for acknowledgment.
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2008 Version CAPA vl2.10,07 800-873-9865 www.NotaryClasses.com
"Exhibit A"
Scope of Work
Task 1: Preconstruction Services
Task 1.1 Proiect Management
Coordinate and meet with the City's Civic Project Manager and the Bridging Consultant during
bidding of the project. Initiate project activities and provide general project oversight.
Based upon the City approved Document Management System, incorporate the Document
Management Systems and procedures for documenting communications and correspondence.
Provide examples of all City provided forms that the CM and Design/Builder will be required to
use to transmit and formalize all Requests for Information (RFI), clarifications, submittals,
substitution requests, concrete pour notifications, blasting notifications, and other official project
documents. Develop points of contact with all team members. Prepare a list of all standard
forms, documents and reports and develop distribution lists and logs for each of the listed
document types. All project documents are to be retained by the selected CM firm for a period of
three years after conclusion of the project.
Task 1.2 Preconstruction Conference
Notify appropriate parties, assist the Civic Projects Manager with scheduling and conducting the
Preconstruction Conference with the Bridging Consultant and the Design/Builder. The meeting
shall cover the overall project objectives, responsibilities of key personnel and agencies,
schedules, schedule of values (bid breakdown), procedures for handling submittals,
correspondence, utility relocations, local agency permit requirements, requests for clarification,
progress payments, change orders, and other pertinent topics. Provide opportunities to have the
Design/Builder's questions answered.
Task 1.3 Testing and Inspection Procurement
Assist the City with procuring testing and inspection services, testing/balancing services and
commissioning services for the project. Provide sample Scope of Work Statements for RFP
forms for each.
Task 2: Construction Services
Task 2.1 Contract Administration/Management
The CM shall be responsible for assisting the City's Civic Projects Manager with all aspects of
contract compliance, change/claims processing, negotiations and contract interpretation and
enforcement. The CM shall utilize the field offices provided by the Design/Builder. Furniture and
basic office equipment shall be provided by the Design/Builder in accordance with the
specifications.
The CM shall oversee, perform, and coordinate work included within this scope of work, as
directed by the City. The CM shall: prepare reports, letters, and memoranda; attendt meetings;
prepare meeting agendas and minutes, monitor and track the expiration of insurance
requirements and obtain updated certificates from the Design/Builder; coordinate testing and
specialty services; review daily observation notes and identify and report nonconforming items;
notify the City of significant problems and discrepancies; assist the City with interpreting
drawings, specifications and reference standards; monitor construction activities and schedules;
assist the City with resolving constructability problems; coordinate connections and operations;
prepare change orders (including cost estimating services); review and notify the Design/Builder
of test results; investigate claims; perform observations; review the Design/Builder's Record
Drawings periodically and concurrently with Design/Builder progress payments; and prepare
project punch lists, etc.
Task 2.2 Reports and Communications
All relevant project communications shall be documented and promptly distributed to the City
and applicable parties. Communication between the Design/Builder and the Consultant shall be
closely managed by the Civic Projects Manager. No directives shall be made by the Consultant
to the Design/Builder without written approval from the Civic Projects Manager. All original
project documents and final project reports shall be furnished to the City within 60 days
following filing ofthe Notice of Completion.
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 observation reports, dates of utility service interruptions, and all
other project correspondence.
Monthly progress reports (three copies) shall be prepared and submitted to the City's Civic
Projects Manager and shall include the following elements:
a) Summary of the prior month's main accomplishments and current construction
activities. Include an evaluation of last month's report of expected task
completion to actual.
b) Overall Design/Builder's conformance to contract schedule and quality
requirements. This will include a baseline schedule comparison showing all new
tasks, deleted tasks, changed tasks and duration changes.
c) Identification of key problems, action items, and issues, including
recommendations for solutions.
d) Summary of progress payments, change orders, disputes, submittals, RFI's, and
Notices of Noncompliance. Provide a detailed budget versus actual and
projected cost analysis of expenditures and encumbrances. Provide a detailed
evaluation of the Contractor Controlled Contingency, Phased Reduction Plan,
and Owner Controlled Contingency.
e) Photographs of representative project activities printed and electronically stored.
f) Provide list of Deviation Activities and any corrections taken/planned.
Task 2.3 Photo Documentation
Provide a videotape of preconstruction site conditions prior to any construction operation to
confirm existing conditions within the limits of work, adjacent areas, and along haul roads to
document and cleariy depict pre-existing conditions. Prepare additional videotape and/or
photographs to document site conditions as required to supplement the Design/Builder's
videotape.
Take and develop construction documentation photographs on a daily basis. Maintain a digital
photographic library of all significant construction activities.. Provide unique file names for
photos with date and location information included. Take additional photographs to document
differing site conditions, change order and claim items, and any special or unique conditions as
they arise.
Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field
to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of
these photos linked to their location is to be provided monthly.
Task 2.4 Construction Progress Meetings
Schedule and attend bi-weekly construction progress meetings with the Bridging Consultants
and the City. Provide meeting agendas and discuss the schedule, near-term activities,
clarifications and problems which need resolution, coordination with other contractors, status of
change orders, etc. Prepare minutes of the meetings with identified action items. Prepare and
distribute the minutes to the attendees within two working days. Include an Action Matrix and a
Decision Matrix tracking the actions and decisions required of the team members. Include
minutes in the monthly progress reports.
Task 2.5 Shop Drawings and Submittal Reviews
For the disciplines/trades listed in the General Information section of the RFP, submittal review
and verification of compliance to the design intent are the responsibility of the Bridging
Consultant. All other submittals shall be reviewed by the CM. The CM shall be responsible for
processing and monitoring the status of all submittals. The CM shall provide a detailed review
of the Design/Builder's submittals for coordination after receipt from the Bridging Consultant.
Submittals of a general nature (General Provisions & Division 1 Requirements) are to be
reviewed and processed by the CM. Review of the Design/Builder's construction schedule and
monthly updates shall be the sole responsibility of the CM with input provided from the Bridging
Consultant and City.
CM will log, track, and monitor the Bridging Consultant's role regarding the review of shop
drawings, calculations, data samples, submittals, warranties and manuals from the
Design/Builder. Shop drawings and submittals that significantly do not meet the specified
requirements or design intent shall be returned to the Design/Builder with comments for
corrections and resubmittal. Exception reports, that identify outstanding submittals or reviews
needed, shall be prepared monthly by the CM..
Task 2.6 Plans and Specifications Interpretation
The CM shall review and respond to the City all responses to Requests for Information (RFI)
generated by the Design/Builder.. The Bridging Consultant will also review all RFI responses as
it relates to compliance to the design intent. The CM shall maintain a log of RFIs and provide
written clarification to the Design/Builder in a timely manner. .
Obtain and maintain specification referenced standards including: local and regional
specifications, codes, standards, publications, regulations, applicable permitting criteria from
local, state, and federal agencies, standard drawings and specifications of the local agencies,
and related documents, as referenced in the contract documents and as required to perform the
work. n
Task 2.7 Construction Observation Services
Provide full time observation to ensure that the Design/Builder's work is in compliance with the
contract documents. Validate Design/Builder's daily reports of the construction activities
including weather conditions, Design/Builder's equipment and manpower, work performed,
materials used, site visitors, note delays in work and reasons for the delays, and deficiencies.
Prepare daily reports of deviations and non-conformance to specifications and provide a timely
response. Perform technical observation at the job site as required of materials and
workmanship, and discuss with the Design/Builder appropriate revisions to the methods and
procedures used in performing the work. The CMs may not authorize extra work or approve of
work that deviates from the contract documents.
Task 2.8 Progress Pavments
Prepare project-related invoices and progress payments. Submit all invoices to the City's Civic
Projects Manager with a recommendation stating the proper amount for payment. Use the
Schedule of Values and actual quantities as a basis to prepare payment requests. The City will
provide a format for monthly progress payments. This project will utilize two funding accounts. It
shall be the CM firm's responsibility to identify the proper funding account for each item of work
on the invoices prior to submittal to the City for payment approval.
Task 2.9 Design/Builder's Claims and Change Orders
Identify, prepare, log, and monitor all Design/Builder or City initiated claims, changes, extra
work, and change orders. Assist the Civic Projects Manager with negotiating all claims to an
agreed upon Design/Builder/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 independent cost estimates (Means cost data) for each change
order and negotiate costs with the Design/Builder. Prepare claims, extra work, and change
orders that require design modifications or clarifications, including revisions to the drawings,
details, and specifications. Assist the Civic Projects manager with resolving claims, extra work,
and change orders for changes to the work and obtain City approval.
Task 3: Project Closeout
Assist the City by prepare detailed project punch lists at closeout of the project, coordinating the
various City Departments' and Bridging Consultants' concerns and corrections. Attend punch list
walk throughs with each City Department that requests to provide a punch list of corrective
actions. . Upon correction of deficiencies, the CM shall schedule, coordinate, and conduct a
final walk-through prior to the acceptance of work with the City's Civic Projects Manager, Parks
and Recreation users, Facilities, Information Technology Department and Bridging Consultants.
Verify work, testing, cleanup and demobilization is complete. Check and submit final payment
requests, two working days after final walk-through. Review and certify that the Design/Builder's
project record drawings are complete and accurate. Prepare a Project Close-out Matrix of all
tasks required by the Specifications and Contract Documents prior to close-out. Track the
completion of these tasks. Validate the As-built documents are true and accurate. i
Labor (personnel classifications, estimated iiours and wnbyrdened hoyriy rates)
Domingo Camarano, Project Executive $80 86
Canh Tran, Construction Manager $57 3,212
Jay Preche!, Estimator $62 200
Hannah Schumacher, Scheduler $57 200
Ann Aira, Project Assistant $25 1,290
Kitcheil's direct and indirect costs forthe team provided in this proposal are expressed as an average multiplier rate of 2.5.
D, Overhead and profit margins
Kitcheils overhead for this proposal is expressed as a multiplier rate of 1.52. Our profit margin for this proposal is expressed as a percentage of 10%,
E. Subcontracts
None,
A« Totai fee for each task listad in the scope of work^ EMhibil A
TASK •i^n^—i—
FEE
Task 1.1 Project Management $15,280
Task 1.2 Preconstruction Conference $7,900
Task 1.3 Testing and Inspection Procurement
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$13,180
TASK FEE
Task 2.1 Construction Administration/Management $67,180
Task 2.2 Reports and Communications $77,970
Task 2.3 Photo Documentation $64,840
Task 2.4 Construction Progress Meetings $56,000
Task 2.5 Shop Drawings and Submittal Reviews $58,020
Task 2.6 Plans and Specifications Interpretation $55,860
Task 2.7 Construction Observation Services $49,500
Task 2.8 Progress Payments $60,620
Task 2.9 Design/Builder's Claims and Change Orders
SUBTOTAL
$83,260
$573,250
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TASK FEE
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Sharepoint Integration Allowance
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$60,000
Generai Conditions (buiiding rent/security./janitorial, communications/intcrnet./fax, utilities, postage, office supplies, other industry standard GCs, etc) are not
included in the fee. As part of Kitcheil's standard business practices, the City of Carlsbad will not pay any markup for this classification of General Conditions.
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