HomeMy WebLinkAbout2018-05-22; City Council; Resolution 2018-076RESOLUTION NO. 2018-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS U.S., INC. FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND THE
EXECUTION OF AMENDMENT NO. 13 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH BROWN AND CALDWELL, INC. FOR DESIGN
ENGINEERING AND CONSTRUCTION SUPPORT SERVICES, ALL FOR THE AGUA
HEDIONDA SEWER LIFT STATION AND VISTA CARLSBAD INTERCEPTOR
SEWER, REACHES VC11B-VC15, PROJECT NOS. 3492, 3886, AND 3949.
EXHIBIT I
WHEREAS, on Nov. 4, 2014, City Council approved a Professional Services Agreement with
Arcadis U.S., Inc. for an amount not to exceed $3,314,039 for construction management and inspection
services for the Project by adoption of Resolution No. 2014-257; and
WHEREAS, three subsequent amendments to the Professional Services Agreement with Arcadis
U.S., Inc. have been executed in the amount of $1,467,281; and
· WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interest of the city to execute Amendment No. 4 to the Professional Services Agreement with
Arcadis U.S., Inc. for construction management and inspection services; and
WHEREAS, city staff and Arcadis U.S., Inc. have negotiated fees for an amount not to exceed
$300,000 to provide the additional construction management and inspection services, as described in ·
Amendment No. 4 to the Professional Services Agreement; and
WHEREAS, on June 10, 2008, City Council approved a Professional Services Agreement with
Brown and Caldwell, Inc. for an amount not to exceed $2,382,281 for engineering design services for
the Project by adoption of Resolution No. 2008-164; and
WHEREAS, 12 subsequent amendments to the Professional Services Agreement with Brown and
Caldwell, Inc. have been executed in the amount of $2,777,707; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interest of the city to execute Amendment No. 13 to the Professional Services Agreement with
Brown and Caldwell, Inc. for engineering design and construction support services; and
May 22, 2018 Item #5 Page 5 of 28
EXHIBIT I
WHEREAS, city staff and Brown and Caldwell, Inc. have negotiated fees for an amount not to
exceed $155,000 to provide the additional engineering design and construction support services, as
described in Amendment No. 13 to the Professional Services Agreement; and
WHEREAS, sufficient funds have been appropriated for the Project in the Capital Improvement
Program from the Sewer Connection Fee Fund; and
WHEREAS, the City of Carlsbad will be reimbursed by the City of Vista for its portion of the
additional costs in accordance with the Project Agreement as approved by City Council Resolution No.
2015-039, and as amended as needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the mayor of the City of Carlsbad is authorized and directed to execute Amendment
No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and
inspection services for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer,
Reaches VCllB -VClS, Project Nos. 3492, 3886, and 3949, which is attached hereto as Attachment A.
3. That the mayor of the City of Carlsbad is authorized and directed to execute Amendment
No. 13 to the Agreement with Brown & Caldwell, Inc. for design engineering and construction support
services for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches
VCllB-VClS, Project Nos. 3492, 3886, and 3949, which is attached hereto as Attachment B.
May 22, 2018 Item #5 Page 6 of 28
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of May, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
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May 22, 2018 Item #5 Page 7 of 28
• UTIL1139
AMENDMENT NO. 4 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE VISTA CARLSBAD INTERCEPTOR SEWER, REACHES
11 B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT 3949, 3492, 3886
ARCADIS U.S., INC.
~ndment No. 4 is entered into and effective as of the 2.L\ ~ day of
---~.......,_---"--__..__ _______ , 2018, amending the agreement dated November 4, 2014
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Arcadis U.S., Inc., ("Contractor") (collectively, the "Parties") for Construction Management and
Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11 B-15 and the Agua
Hedionda Sewer Lift Station.
RECITALS
A. On May 19, 2015, the Parties executed Amendment No. 1 to the Agreement to add
Environmental Mitigation Monitoring Support during project construction; and
B. On January 12, 2017, the Parties executed Amendment No. 2 to the Agreement to
alter the Agreement's scope of work to include additional Environmental Monitoring; and
C. On September 13, 2017, the Parties executed Amendment No. 3 to the Agreement
to alter the Agreement's scope of work to include additional Environmental Monitoring; and
D. The Parties desire to alter the Agreement's scope of work to provide Construction
Management and Inspection Services; and
E. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed three hundred thousand dollars
($300,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by November 3, 2018.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version 9/27/16
May 22, 2018 Item #5 Page 8 of 28
By~~-~
(sign here)
B \ ~ t\v\ . ±:\-o~ ).\~ .
(print nfrnehitle)
ATTEST:
Barbara Engles n
~(.~ s 11,:0: .. f City Clerk
UTIL 1139
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
BY: ~.,!{7);,...
Deputy City Attorney
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May 22, 2018 Item #5 Page 9 of 28
EXHIBIT "'A"
SCOPE OF WORK AND TECHNICAL APPROACH
Vista/Carlsbad Interceptor Sewer and Agua I-ledionda
Lift Station Replacement Project
Constructfon Management and Inspection Services (CIP Nos. 3886, 3492 and 3949)
Task 100 -Project Management
UTIL 1139
Under this tasl~ ARCADIS will provided overall project management under the direction of our
Contract Manager, including budget and schedule control, sub-consultant management, project
documentation, progress meetings and quality assurance/quality control as defined by the
following sub-tasks.
Task 1.1.1 -Track Project Progress and Schedule
Under this sub-task ARCADIS will tailor our internal "project management" (PM)
computer based budget and labor effort tracking system, and will submit monthly
invoices to the City in accordance with the City's requirements. The monthly invoices
will identify the following "task-by-task" information, and will be in the same format as
invoices submitted for the Constructability Review which was done under separate
contract with the City.
• Budget Amount
• Amount Previously Billed
• Current Invoice Amount
• Amount Billed to Date
• Amount Remaining
• % Budget Expended to Date
• % Work Completed to Date
Task 1.1.2 -Sub Consultant Management
Under this sub-task ARCADIS will develop and execute agreements with our sub-
consultants, will process sub-consultant invoices, and will help coordinate sub-consultant
effmts associated with the Construction Management and Inspections Services.
Task 1.1.3 -Project Management Documentation
Under this sub-task ARCADIS will establish our electronic and "hard copy" document
filing system for overall project management cff01ts under task 100, will maintain project
documents and will distribute project documents to internal and external project team
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UTIL1139
members as deemed appropriate by our Contl'act Manager, our Construction Manager, and the City's
Project Manager.
Task 1.1.4 -Progress Meetings
Under this task ARCADIS will coordinate with the City and will actively participate in a "kick-off"
meeting following a Notice-to-Proceed. Thereafter, monthly progress meetings will be conducted with
the City by our Contract Manager and Construction Manager.
These meetings will focus on review of project status and budgets and will be independent of weekly
construction progress meetings to be conducted with the City and the Construction Contractor by our
Construction Manager under Task 300.
Task 1. l .5 -Quality Assurance/Quality Control
Under this task ARCADIS will engage and consult with our Quality Consultant on an "as-needed"
basis during construction to help mitigate and resolve construction issues as they arise.
Task 300 -Constl'uction Phase Services
Under this task ARCADIS will provide construction management, resident engineering and inspection services
as define in the following sub-tasks.
Task 3.1.2-Construction Management Documentation
Under this sub-task ARCADIS will establish our electronic and "hard copy" docqment filing system
for our construction management efforts under task 300; will maintain project documents and will
distribute project documents to internal and external project team members as deemed appropriate by
om Construction Manager and the City's Project Manager.
Our 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.
Our Constructiou Manager will prepare three copies of the monthly progress repi:nt and submit them to
the City's Project Manager. This progress report will include the following elements:
Summary of the prior month's main accomplishments and current construction
activities.
Overall contractor's conformance to contract schedule and quality requirements
Identification of key problems, action items and issues and will include
recommendation for solutions.
Summary of progress payments, change orders, disputes, submittals, RFis and Notices of
Noncompliance.
Photographs of representative project activities.
Implement Web-Based Data Management System
The project documents require the Contractor to provide and manage a web-based document
control system capable of sending, receiving, retrieving and responding to Contractor submittals,
RFls, RFDs, change orders, etc; and tracking documents, their pertinent information and their
status at any time, as well as their relationship to other project documents.
There are a number of customizable software programs that are specifically designed to help
manage construction projects. ARCADIS has experience with many of these available systems
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UTIL 1139
and will work with the Contractor in selecting a system containing features which are best
suited for the project to control, distribute and manage all project documents.
Task 3.1.3 -Photo Documentation
Under this sub-task our Construction Manager and pipeline Resident Engineer 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 roads to document and
clearly depict pre-existing conditions. Our Construction Manager and Resident Engineers will prepare
additional videotape and/or photographs to document site conditions as required to supplement the
Contractor's videotape.
Our Construction Manager and pipeline Resident Engineer 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 they arise.
Task 3.1.4-Construction Progress Meetings
Construction progress meetings will be conducted as required per the Contract Documents. Our
Constmction Manager and other team members, 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/workshops with
the Construction Contractor.
Task 3. 1 .5 -Critical Path Method Schedule Reviews
Under this sub-taskARCADIS will review and comment on the Contractor's baseline CPM schedule
for compliance with the contract requirements relative to overall schedule, interim milestones, phasing
of construction and coordination of tie-in and shut down activities.
Subsequent to review and approval of the baseline schedule, ARCADIS will review and comment on
the Contrnctor's monthly CPM schedule updates.
Task 3 .1.6 -Shop Drawings and Submittal Reviews
Under this sub-task. ARCADIS will receive, log, distribute, monitor and track shop drawings and
submittals made by the Construction Contractor, and coordinate the review of shop drawings and
submittals with the City and the Design Engineer where appropriate. ARCADJS will review all
submittals for completeness and general compliance with the requirements of the Contract
Documents prior to forwarding the submittals to the Design Engineer.
ARCADIS will receive, log, distribute and track all project submittals and responses; review and
respond to our assigned project submittals; and coordinate reviews for all project submittals
assigned to the Design Engineer.
The anticipated assignment of submittals for review by ARCAD1S and the Design Engineer is
identified in Attachment "A" hereto.
Task 3.1.7-Plans and Specifications Interpretation
Under this sub-task ARCADIS will receive, log, distribute, monitor and track all RFis submitted by the
Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation
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May 22, 2018 Item #5 Page 12 of 28
UTIL 1139
of the Contract Documents where appropriate and will respond to all RF Is in a timely manner and
within a time frame to be specified in the Contract Documents.
ARCADIS will review and process RFis that do not, in our opinion, alter the design intent; and
will coordinate with the Design Engineer for responding to all RFI's that might alter the design
intent.
Task 3.1.8 -Construction Inspection Services and Materials Testing
Under this sub-task ARCADIS will provide full time construction inspection over
the course of the project; will coordinate materials testing required of the Construction Contractor; and
will provide inspections and testing services not required of the Construction Contractor but required
to confirm compliance with the requirements of the Contract Documents. Factory, Performance and
Acceptance testing will be provided by the Design engineer.
Task 3 .1.9 -Progress Payments
Approximately five days prior to the submittal of the payment application our Construction Manager
will walk the project with the contractor's field personnel and agree on a percent complete of the work.
The Construction Manager will ensure during the initial schedule cost loading that the construction
activities are fairly spread throughout the project and not allow front end loading. Payments on material
arriving early on the project will be allowed to be billed with proper invoice backup from the
manufacturer or supplier.
Once the payment application percent complete is approved, our Construction Manager will request
that the contractor complete the payment application with required backup and will review it with the
City for approval. Our Construction Manager will discuss prerequisites to a complete payment
application with the City prior to the start of the project.
These prerequisites could include:
Monthly Schedule Update with Current Status
Material Invoices for Material On Hand But Not Installed
Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance
Location
Updated As-Built Documentation
Up To Date SWPPP Documentation
Up To Date Regulatory Rep01ts
Task 3.2.1 -Contractor Claims and Change Orders
Under this sub-task our Constrnction Manager will:
for Stored
Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra
work and change orders.
Negotiate alJ claims to an agreed contract/consultant/City conclusion.
Submit change orde1·s 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 cha6.ge orders that require design modifications or
clarifications, including revisions lo drawings, details and specifications.
Resolve claims, extra work and change orders for changes to the work and obtain City
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UTIL 1139
approval.
All Change Orders affecting or changing the design intent will be coordinated with the
Design Engineer. The Design Engineer will provide input to Construction Manager prior to
Construction Manager responding to Potential Change Order (PCO's) or Change Order
Requests (COR's).
Processing a Disputed Change Order
Prior to processing a disputed change order our Construction Manager will exhaust all
reasonable remedies for resolving the dispute with the Contractor. ARCADIS' 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 City's construction representative. We believe that it is best handled in the field and that
providing qualified personnel in the field, ARCADIS 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,
ARCADIS will ensure that all viable options for field resolution have been exhausted.
Use Established Cost Manuals
For most projects, we recommend requiring an established estimating guide such as MEANS
within the Contract Documents to establish labor productivity rates so that factor in negotiations
is taken off the table.
Utilize Time and Material Procedures
Particularly for items of indefinite quantity where a Contractor will want to price in contingency
on a lump sum proposal, it may be more effective to utilize the time and material procedures
outline in the General Conditions to resolve the disputed item. This may be a means to resolve a
dispute when merit for change is acknowledged.
Meet and Confer
If after field personnel have met at least a couple of times on the issue and both parties have
done their due diligence to establish their factual position (independent cost estimates, material
supplier quotes, etc.), the issue would need to be elevated to the executive management of the
Contractor, ARCADIS and the City. A formal Meet and Confer conference would be
established on site to discuss the issue.
Task 3.2.2-Litigation Support (Optional Task)
ARCADIS will provide as an Optional Task, the lead role and support to the City in resolving claims
and disputes that potentially go to litigation 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, and/or coordinating design services for
replacement of damaged work and services made necessary if Contractor defaults.
Task 3.2.3 -Start-Up Coordination
Under this sub-task ARCADIS will assist the City and Design Engineer in review of start-up and
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testing plans, and project commissioning plans for compliance with the
requirements of the Contract Documents; and will oversee and document the Contractor's start-up,
testing and commissioning activities.
Task 3.2.4-Manufacture Training
Under this sub-task ARCADIS will assist the City and Design Engineer in review manufacturer
training plans required per the Contract Documents and will proctor the training to confirm compliance
with approved training plans. The Construction Manager will coordinate the video recording the
training sessions for fi.rture· use and training of new City personnel.
Task 3.2.5 -Record Drawings
Under this sub-task our Construction Manager, Resident Engineers and/or Lead Inspectors will review
the Contractor's "red-line" as-built drawings on a monthly basis to confirm the Contractor has meet the
prerequisite requirement for progress payments as identified under Task 3.1.9.
Subsequent to production of Record Drawings by the Design Engineer, ARCADJS
wiJI review the Record Drawings for accuracy relative to the "red-line" as-built drawings provided to
the Design Engineer.
Task 3.2.6-Public Relations and Traffic
Under this sub-task ARCADIS will coordinate with the public and with the Contractor to inform the
public construction activities that will impact the community. We suggest the City of Carlsbad
secure and engage the services of a public relations firm to develop and administer a focused public
outreach program.
Task 400 -Project Closeout
Under this task ARCADIS will provide the following services for project closeout and final acceptance by the
City.
Task 4.1.1 -Punchlists
Under this sub-task ARCADIS will coordinate construction close-out by working
with the Contractor in developing preliminary and final punchlists to finalize each item of work not yet
signed off, and will conduct a final walk-thru on each project element prior to recommending final
acceptance by the City.
Task 4.1 .2 -Project Closeout Report
Under this sub-task ARCADIS will provide the City a detailed closeout rep011 for each project
element. This narrative will encompass the project from start to completion, including the initial and
final schedules, the initial and final budgets, photographs documenting the progress of the work, and
a final change order report.
Arcadis will provide the city with a complete package of all electronic and paper files at the conclusion
of the Project.
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Task No.
100
00111
00112
00113
00114
00115
300
00312
00313
00314
00315
00316
00317
00318
00319
00321
00323
00324
00325
00326
400
00411
00412
City of Carlsbad
Agua Hedionda Project
CostProposalSuJnJnary
Description
Project Management
Track Project Progress and Schedule
PM Updates
Monthly Invoices
Sub Consultant Management
Sub Consultant Agreements/Amendments
Sub Consultant Invoices
Sub Consultant Coordination
Project Management Documentation
Document Filing and Control
Progress Meetings
QA/QC
Construction Phase Services
Construction Management Documentation
Photo Documentation
Construction Progress Meetings
CPM Schedule Reviews
Shop Drawing/Submittal Processing/Review
RFI/RFD Processing/Review
Inspection and Testing
Progress Payment Processing/Review
Change Order/Claims Processing/Review
Start-Up Assistance/Coordination
Proctor Manufacturer Training
Record Drawings Review/Approval
Public Relations & Traffic
Project Closeout
Punchlist Development and Tracking
Project Closeout Report
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Total
$ 95,878
$
$
$
$
$
$ 201,291
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 0
$
$
Total $ 297,169
May 22, 2018 Item #5 Page 16 of 28
Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Total Billing Rate Sub Total
Schedule
Pipeline I Street Work
Commissioning
LDs and Claim Support (25% of
Mark Sullivan's time)
Demo I Final Site
Project Management -
Franz Schauer 173 173 173 173 692.00 $ 188.00 $ 130,096.00
Jon Westervelt 0.00 $ 198.00 $ -
Rick Farr 8 8 8 8 8 8 8 56.00 $ 188.00 $ 10,528.00
Admin (Celia) 130 130 130 130 130 130 130 910.00 $ 59.40 $ 54,054.00
Admin (Janet) 8 8 8 8 8 8 8 56.00 $ 75.00 $ 4,200.00
I
Construction Phase Services
Anthony Dazzo 173 173 173 519.00 $ 150.00 $ 77,850.00
Kenny Smith (l&C) 40 40 40 40 160.00 $ 160.00 $ 25,600.00
SUBS
Mark Sullivan (MJS) CM 75% and
25% for LDs and Claim support
173 173 173 173 173 173 173 1211.00 $ 151.20 $ 183,103.20
RCS (Jim Hudson) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00
SCST $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00
Environmental Services
Paleo (Brian F Smith & Assoc) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00
Biological (Balk) $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 3,000.00
Cultural (555) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00
Miscellaneous Costs $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00
Cash Flow
Budget Remaining thru 3/25/18 $ 306,262.00
Monthly Expenditures $ 139,857.60 $ 139,857.60 $ 124,857.60 $ 82,907.60 $ 43,983.60 $ 35,983.60 $ 35,983.60 $ 603,431.20
Remaining Budget $ 166,404.40 $ 26,546.80 $ (98,310.80) $ (181,218.40) $ (225,202.00) $ (261,185.60) $ (297,169.20)
5/1/2018
May 22, 2018 Item #5 Page 17 of 28
PWENG643
AMENDMENT NO. 13 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES FOR THE DESIGN OF THE VISTA/CARLSBAD INTERCEPTOR
SEWER, REACHES 11B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION
BROWN AND CALDWELL
This Amendment No. 13 is entered into and effective as of the 2-4:ffl day of
_....,L_.;:;,._-4-___ , 2018, extending and amending the agreement dated June 10, 2008 (the
"Agreement" by and between the City of Carlsbad, a municipal corporation, ("City"), and Brown
and Caldwell, a private employee-owned company, ("Contractor") (collectively, the "Parties") for
professional engineering services for the design of the Vista/Carlsbad Interceptor Sewer,
Reaches 11B-15 and the Agua Hedionda Sewer Lift Station.
RECITALS
A. On November 30, 2009, the Parties executed Amendment No. 1 to the
Agreement to provide additional engineering studies and design services and
B. On May 28, 2010, the Parties executed Amendment No. 2 to the Agreement to
extend it for one (1) additional year; and
C. On February 23, 2011, the Parties executed Amendment No. 3 to the Agreement
to provide additional design services, permit assistance and environmental surveys; and
D. On June 22, 2011, the Parties executed Amendment No. 4 to the Agreement to
extend it for one ( 1) additional year; and
E. On December 8, 2011, the Parties executed Amendment No. 5 to the Agreement
to provide additional design services and assistance with easement acquisition; and
F. On May 9, 2012, the Parties executed Amendment No.6 to the Agreement to
provide additional design services and extend the Agreement for a period of three (3) additional
years with all work to be completed by June 9, 2015; and
G. On March 13, 2013, the Parties executed Amendment No. 7 to the Agreement to
provide additional design services, including support during the project's construction
management consultant's design review and response to actions developed in the design
review; and
H. On September 12, 2013, the Parties executed Amendment No. 8 to provide
additional design services including efforts related to consolidation of the four construction bid
packages prepared for the project into a single construction package with four design
schedules; and
I. On May 15, 2014, the Parties executed Amendment No.9 to provide additional
design services including efforts related to a third-party document review and NCTD permit
requirements; and
J. On September 23, 2014, the Parties executed Amendment No. 10 to provide
additional design services; and
City Attorney Approved Version 1 /30/13
May 22, 2018 Item #5 Page 18 of 28
PWENG643
K. On March 25, 2015, the Parties executed Amendment No. 11 to provide
additional bid phase services; and
L. On June 11, 2015, the Parties executed Amendment No. 12 to provide additional
construction support services and extend the Agreement for a period of three (3) additional
years with all work to be completed by June 9, 2018; and
M. The Parties desire to alter the Agreement's scope of work and request additional
funding to provide engineering support during construction and start-up services; and
N. The Parties desire to extend the Agreement for a period of one (1) year; and
0 . The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the totai Agreement amount shall not exceed five million three hundred
fourteen thousand nine hundred eighty-eight dollars ($5,314,988).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty-five thousand dollars
($155,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval
by City.
3. Contractor will complete all work described in Exhibit "A" by June 9, 2019.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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City Attorney Approved Version 1 /30/13
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May 22, 2018 Item #5 Page 19 of 28
PWENG643
6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
Brown and Caldwell, a private employee-
owned company
( sign here) \
12,~,..f D. ~«Is"" I 5ec,rd4,-V
(print name/title) 7
CITY OF CARLSBAD, a municipal
corporation of the State of California
MATT HALL
Mayor
ATTEST:
MA&c. PAM, K,o.c...AS /5£,.JJoR. V"• fJir«s,_,r
(print name/title)
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
BY:--~_,, ________ _
Deputy City Attorney
See Attached Notary
Acknowledgment Certificate
City Attorney Approved Version 1 /30/13
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May 22, 2018 Item #5 Page 20 of 28
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Contra Costa
)
) ss
)
--------------------------------' who proved me on the basis of satisfactory evidence to be the person(s) whose
· are subscribed to the within inw.~ ment and acknowledged to me that
xecuted the same in ~/ e· authorized capacity(ies), and that by
1 signature(s) on the instrument t e person(s), or the entity upon behalf of
person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature --------~---"-;: --+-¥-/l______,,V !Gdt~t~,(J;-
,\.::-... ~.·-~. ~ c o a o a o · ~ ... _ ... ,-~ -~_.,__(';__ .. ,,.ht --a···· . LISA M. SALVETTI [<' j Commission # 2072221 ' ~ ·• Notary Public -California ~
; .. · Contra Costa County ;
)l,o;: .... • 0 0 0 Ml £oT'U· 5xgirgs j~ 1J· 2~ -t
(Seal)
Lisa M. Salvetti, Notary Public
May 22, 2018 Item #5 Page 21 of 28
Project Scope ofWork
TABLE OF CONTENTS
SUMMARY ..................................................................................................................................................... 3
TASK 1-PROJECT MANAGEMENT, PROGRESS REPORTS AND BILLING ................................. 4
Task 1.1 Pr_oj ect Management. ............................................................................................................ .4
TASK 2 -DESIGN SUPPORT AND SERVICES DURING CONSTRUCTION .................................... .4
Task 2.9 Extended Engineering Support Services .............................................................................. .4
TASK 3 -CONSTRUCTION COMPLETION ........................................................................................... 4
Task 3.4 Asset ID ................................................................................................................................ .4
CONSUL TANT FEE ...................................................................................................................................... 4
APPENDIX
A Labor Hour/Cost Matrix
2[P age
May 22, 2018 Item #5 Page 23 of 28
SUMMARY
Brown and Caldwell's (BC) scope of work (SOW), as detailed herein, and in Appendix B -Subconsultants
Proposals, is intended to continue providing engineering construction support services for the construction
and closeout of Contract No. PWS13-40UTIL, Agua Hedionda Lift Station, Vista/Carlsbad Interceptor
Sewer Reaches and Recycled Water Line Project. Under an existing contract with the City of Carlsbad (City),
BC and its subconsultants completed design packages Schedules A through D, and subsequently have been
providing engineering support services during construction since the project was awarded to Pulice
Construction, Inc. in 2015.
Due to extenuating circumstances encountered, the total duration of construction has been extended.
Therefore, BC being requested to extend its engineering support services during construction, and conduct
project management activities to support the delivery of these services, through the substantial completion of
construction, as described below.
ARCADIS has been retained by the City for construction management services. It is understood that
ARCADIS (heretofore known as the CM) will continue to provide the services of a Resident Project
Representative (Resident) at the site to provide site inspection of tl1.e Contractor's work (Work). The
Resident will be the City's agent or employee and under the CM's supervision. The duties and responsibilities
of the Resident are set forth in the Agreement between the CM and City.
For the purposes of this SOW, the titles Construction Manager, Contract Documents, Submittals and
Change Order shall have the meanings given in the Construction Contract between the City and the project
Contractor.
Services associated with this SOW are assumed to be conducted over the remaindered of the construction
period, which is expected to continue through November 2018.
3 I P a g e
May 22, 2018 Item #5 Page 24 of 28
TASK 1-PROJECT MANAGEMENT, PROGRESS REPORTS AND BILLING
Task 1.1 Project Management
BC shall extend its project management services as performed throughout the course of construction
through the end of November 2018. Project management shall include internal monthly financial review,
project financial and document control, preparation of monthly billings and progress reports, coordination
of internal staff and QA/ QC resources to support any ongoing engineering support services, as well as
regular communication and coordination with the City's staff.
TASK 2 -DESIGN SUPPORT AND SERVICES DURING CONSTRUCTION
Task 2.9 Extended Engineering Support Services
At the City's request, BC will extend its construction support services through the substantial completion
of this project. Construction support services include providing responses to Contractor submitted
requests for information (RFis), review of Contractor submitted product data (Subrnittals), design services
to accommodate field changes, periodic attendance of construction progress meetings, and field visits.
The above services will be rendered on a time and materials basis as required by the project.
TASK 3 -CONSTRUCTION COMPLETION
Task3.4 Asset ID
At the City's request, BC will coordinate with the Encina \v'astewater Authority (EWA) to develop Asset
Identification (ID) numbers for all equipment in the Lift Station and Grinder facilities. The Asset ID's are
intended for entry by EWA into their asset management CMMS system for tracking the future
maintenance requirements of the lift station and its ancillary facilities. Under this task BC will hold an
initial kick-off coordination meeting with EWA to review their Asset ID Standards, develop a draft Asset
ID list with accompanying drawings, and hold a comment review meeting with EWA. After the initial
draft is reviewed by EWA, BC will address comments and submitted a Final-draft of the Asset ID package.
EWA then have the opportunity to issue a second and final round of comments, to which BC will
subsequently submitted a Final Asset ID package to both EWA and the City for the record.
CONSULTANT FEE
The Consultant's total fee for the above services is $155,000 to be invoiced monthly on a time and
materials basis. A detailed breakdown of the fee is included in Appendix A.
41 P ag e
May 22, 2018 Item #5 Page 25 of 28
APPENDIX A: LABOR HOUR/COST MATRIX
---------1 BrownANoCaldwell !---------
May 22, 2018 Item #5 Page 26 of 28