HomeMy WebLinkAboutArcadis U S Inc; 2012-08-28; UTIL886UTIL886
AGREEMENT FOR DESIGN REVIEW SERVICES FOR THE VISTA/CARLSBAD
INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEDIONDA
SEWER LIFT STATION, PROJECT NO. 3949
(ARCADIS U.S., INC.)
THIS AGREEMENT is made and entered into as of the day of
Acygc»SC , 2012, by and between the CITY OF CARLSBAD, a munidpal
corporation, (Tity"), and ARCADIS U.S. INC., a Delaware corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant engineer that is
experienced in the design, inspection and construction management of pipelines and pumping
stations.
B. Contractor has the necessary experience in providing professional services and
advice related to the design review of plans and specifications for pipelines, pump stations and
appurtenant facilities.
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 one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1)
year period or parts thereof. 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 of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
ninety nine thousand nine hundred fifty eight dollars ($99,958). 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 directiy 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 behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-: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 additiona! 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 Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional 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.
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
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 Terry Smith Name Liberate Tortorici
Titie Senior Engineer Titie Senior Associate
Department Utilities Address 1525 Faraday Ave, Suite 290
City of Carisbad Carisbad, CA 92008
Address 1635 Faraday Ave Phone No. 760-602-3840
Carisbad, CA 92008 Email Libbv.tortorici@arcadis-us.com
Phone No. 760-602-2765
Each party wil! 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 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 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 settied 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 outiining 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 ofthe
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
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
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21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount 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. These provisions include false claims made
with deliberate ignorance ofthe false information or in reckless disregard ofthe 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
ARCADIS U.S. INC., a Delaware
corporation
By:
(sign here)
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a munidpal
corporation of the State of California
Z)^. City Ma
* as authoriged
ager-epftfeyor or"Divioion Dircitto^ai^^^//^
jthorigod by tho City MQnQa^feYj^Vyy.^^<^<^
Ik 'aIf* iraii^i'''
ATTEST:
LORRAINE M. WOOD
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:
RONALD R. BALL, City Attorney
BY:
Assistant City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of cSo^i^ T)\iP^6
On ^ '3> I ' il before me, Pr^iAd^g^j^e^ L
Date Here Insert Name and Titie o
personally appeared \
Name(s) of Signer(s) /
of tfie Officer
FRANCESCA L CHERRMSTON
COMM. # 1821079 NOTARY PUBUC-CAUFORMA SAN OIEGO Co«Mn My COMM. EXP. NOV. 01,2012
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 signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certity 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.
Place Notary Seal Above
Signature:
OPTIONAL —
Though the information below is not required by law, it may prove \ktluable to persons relying i
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: r^fiy/^&J^ -C^^ '^es^^Y\ RWi^cJ St^f^'CiPS'
Document Date: T ^ 5 ^ ' ( Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ^Vo^W/o/ A H- l^pwA/^^v^ Signer's Name
• Corporate Officer — Title(s):
<^ Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
12010 National Notary Association • NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Secretary Certificate
I, Gerard P. Cavaluzzi, Assistant Secretary of ARCADIS U.S., Inc. (the
"Corporation"), do HEREBY CERTIFY and attest that the Corporation, in accordance
with the bylaws of the Corporation, Resolution of the Board of Directors, and delegation
of the Chief Executive Officer, has duly authorized and directed Richard H. Kennedy, in
his capacity as Principal-in-Charge of ARCADIS U.S., Inc., to execute and sign, on
behalf of ARCADIS U.S., Inc., the City of Carlsbad Agreement for Design Review
Services for the Vista/Carlsbad Interceptor Sewer, Reaches llB-15, and the Aqua
Hedionda Sewer Lift Station, Project No. 3949 and to affix the corporate seal on such
documents, and his signature shall be legal and binding upon the corporation.
ATTEST
STATE OF New York
County of Westchester
Assistant Secretary
July 31, 2012
ss.
)
Personally appeared Gerard P. Cavaluzzi , Assistant Secretary of
ARCADIS U.S., Inc. , signer and sealer of the foregoing instmment, who, being duly
authorized, acknowledged the same to be his free act and deed and the free act and deed
of said Corporation, before me.
My Commission expires iTVYx^ Zr>,^ 2XH3>
.Notary Public
ll4ETtE B. CUFFEL
Notary Put)i«c. State of New York
BaBtttralion #0tCU612724a
QiiMmA in watlchestar County
Cowwlatlonfi(piwslla^. 2013
MALC:OLM PIRNIE
EXHIBITA
^ ARCADIS
July 27, 2012
Mr. Terry Smith, Senior Engineer
City of Carlsbad
Utilities Department - Engineering Division
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Proposal for Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project
Constructability Review (CIP Nos. 3866, 3492 and 3049)
Dear Mr. Smith
Malcolm Pirnie, the Water Division of ARCADIS (Pirnie/ARCADIS) is pleased to submit this proposal to
conduct a Constructability Review in accordance with the requirements specified in your Request for
Proposal and the subsequent Pirnie/ARCADIS proposal dated June 14, 2012 for the Construction
Management and Inspection Services for the subject project.
Our proposed Scope of Work and Cost Proposal, including task-by-task labor efforts and costs are
defined below for your consideration and approval.
SCOPE OF WORK
The following tasks which include our project management and design/constructability review efforts
constitute our overall approach to complete the Constructability Review as we previously discussed on
July 10, 2012 and on July 25, 2012.
Task 1.1 - Project Management
Under this task Pirnie/ARCADIS will provided overall project management under the direction of our
Contract Manager (Liberate Tortorici), 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 Pirnie/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.
• Budget Amount
• Amount Previously Billed
MALCOLM PIRNIE ARCADIS
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 task Pirnie/ARCADIS will develop and execute agreements with our sub-consultants,
will process sub-consultant invoices, and will coordinate and be responsible for all sub-
consultant efforts associated with the Constructability Review.
Task 1.1.3 - Project Documentation
Under this task Pirnie/ARCADIS will establish our electronic and "hard copy" document filing
system, will maintain all project documents and will distribute project documents to internal
and external project team members as deemed appropriate by our Contract Manager, our
Construction Manager (Franz Schauer), and the City's Project Manager (Terry Smith).
Task 1.1.4 - Progress Meetings
Under this task Pirnie/ARCADIS will coordinate with the City and will actively participate in a
"kick-off' meeting following a Notice-to-Proceed. Given the relatively short duration of this
Constructability Review project and the close interaction between all stakeholders during the
workshop identified under Task 1.2.3, we do not envision that additional progress meetings will
be required.
Task 1.1.5 - Quality Assurance/Quality Control
Under this task Pirnie/ARCADIS will engage and consult with our Quality Consultant (Jon
Westervelt) prior to and during our workshop at the direction of our Contract Manager to
provide input and direction on critical issues and resolution strategies.
Task 1.2 - Design/Constructability Review
Under this task Pirnie/ARCADIS will coordinate and orchestrate our internal review efforts; and will
develop, coordinate and conduct the Constructability Review Workshop that will focus on avoidance of
Contractor delays and claims during construction and minimizing impacts on the communities and other
entities in the vicinities of construction.
Task 1.2.1 - Develop Project Data Needs
Under this task Pirnie/ARCADIS will collect, assemble and distribute relevant project documents
as generally defined in Attachment 1 and summarized below.
• Design Reports and Technical Memoranda
• Geotechnical Reports
\\ALCOLVt
PIRNIE ARCADIS
Plans and Specifications
Engineer's Estimate of Probable Construction Costs (as detailed as is available)
City's Front End Documents
Permit Applications and permits
Easement Documents
Environmental Documents
Task 1.2.2 - General Design Review
Under this task our Contract Manager, Construction Manager and Pipelines Resident Engineer
(Mark Sullivan) will conduct a general review of the project documents to determine areas of
focused review for each Constructability Review team member and will distribute the
appropriate documents to each team member relative to their areas of focus.
Task 1.2.3 - Constructability Review & Workshop
Under this task Pirnie/ARCADIS will conduct a pre-workshop review of the project documents;
will finalize the draft workshop agenda presented below; and will coordinate and facilitate the
workshop with all stakeholders and review team members.
Constructability Review Workshop Draft Agenda
Day 1 (Educate) - Designer 8i City Presentation and Identification of Critical Issues
• Designer & City Presentation (1/2 day)
We envision that the Designer's Project Manager and key design team members as
determined by the Designer's PM, and the City's Project Manager will provide a general
overview ofthe project(s) and identify critical issues which they are aware of.
• Identification of Critical Issues (1/2 day)
This workshop element will be for all stakeholders to identify and to prioritize critical issues,
establish key areas of focus for our Constructability Review team, and to establish schedules
for stakeholder focused involvement during Day 2 and Day 3 ofthe workshop. We envision
that the Designer's PM and other key design team members will participate in this element
ofthe workshop.
Day 2 and Day 3 (Discover and Brainstorm) - Constructability Review
Our Constructability Review will explore and develop the identified critical issues, will identify
and develop other issues that may surface during the review, and formulate preliminary
resolution strategies during this element ofthe workshop.
We envision that the Designer will be available during this period to answer questions and to
provide clarification requested by the Constructability Review team via the telephone or e-mail
communications.
iMALCOLM
PIRNIE (SI ARCADIS
Day 4 (Collaborate and Resolve) - Issue Resolution
Our Constructability Review team will summarize and present the critical issues and the
preliminary resolution strategies developed during Day 2 and day 3 ofthe workshop, and will
facilitate the formulation of final resolution strategies with the stakeholders.
We envision that the Designer's Project Manager and key design team members as determined
by the Designer's PM, the City's Project Manager and other stakeholder's key personnel will
participate in this element ofthe workshop.
Task 1.2.4 - Issues and Resolution Log
Under this task Pirnie/ARCADIS will convene our Constructability Review team to summarize the
critical issues and the final resolution strategies developed during Day 4 ofthe workshop, and
will submit this document to the City for approval and distribution.
This post-workshop activity is intended for the Pirnie/ARCADIS Constructability Review team to
generate the workshop issues and resolution log and will not require participation by City staff
or other stakeholders.
Task 1.2.5 - Constructability Review Follow-up
Under this task Pirnie/ARCADIS will provide input and advice to the City and the Designer on the
changes to the Contract Documents that may be required to mitigate the issues documented
under Day 5 of the workshop.
PRELIMINARY SCHEDULE
Our anticipated schedule milestones for the Constructability Review scope of work are provided
below.
• Notice-to-Proceed issued during the week of August 6, 2012
• Kick-off meeting conducted during week of August 6, 2012
• Pre-workshop activities (Tasks 1.2.1 and 1.2.2) conducted from August 8 to August 16,
2012
• Pre-workshop focused team review of project documents conducted from August 17 to
August 24, 2012
• Workshop (Task 1.2.3) conducted from August 27 through August 30, 2012
• Generate Issues and Resolution Log (Task 1.2.4) NLT September 4, 2012
• Workshop follow-up activities (Task 1.2.5) conducted from September 4 through
September 28, 2012
We recognize that the schedule for Constructability Review highlighted above may need to be
modified to accommodate availability of City staff. Designer staff and other stakeholder key
PIRNliE ARCADIS
he Water Division of ARCADIS
personnel. We are prepared to tailor the schedule as needed to meet the City's needs and will
be available to accommodate modifications to the schedule.
COST PROPOSAL
The attached spreadsheet identifies our task-by-task labor efforts for the Pirnie/ARCADIS team
Review. A copy of our cost proposal worksheets is included in Attachment 2 for your
information.
Our total cost for this project is $99,958. We are prepared to undertake and complete this
project under a lump sum contract basis or under a "not-to-exceed" time and materials contract
basis.
Thank you for the opportunity to submit this proposal and we look forward with enthusiasm to
initiating our efforts and to work with the City on this project. If you have any questions
regarding our proposal, please contact us at 760-602-3840.
Sincerely,
ARCADIS U.S, Inc.
Richard Kennedy, PE Liberate Tortorici, PE
Principal-in-Charge Contract Manager
City OfCarlsbad
Agua Hedionda Sewer Project Construction iVIanagement and Inspection Services
Phase 1 Constructlbility Review
Task
No.
Malcolm Pirnie Subconsultants
ODC's Total
Task
No.
Tortorici,
Libby
Schauer,
Franz
Westervelt,
Jon
Flynn,
Marvin
Wilson,
Paul
Norco,
Richard
Serata,
Arthur
Suchor,
Glen
Makowski,
Holly
Zomordi,
Soren Client Rep MPI Total
Hours
MPI Labor
Cost
Camp,
Craiq
Deering.
Steve
Matthews,
Ed
Sullivan,
Mark Subconsultant
SubTotal
MPI MU @
8%
Subconsultant
Total
ODC's Total
Task
No.
Tortorici,
Libby
Schauer,
Franz
Westervelt,
Jon
Flynn,
Marvin
Wilson,
Paul
Norco,
Richard
Serata,
Arthur
Suchor,
Glen
Makowski,
Holly
Zomordi,
Soren Client Rep MPI Total
Hours
MPI Labor
Cost Jacobs Dudek M.f.S
Subconsultant
SubTotal
MPI MU @
8%
Subconsultant
Total
ODC's Total
Task
No.
Billing Rate $ 198,00 $ 165,00 $ 198,00 $ 158,00 $ 165.00 $ 130,00 S 158,00 S 125,00 S 60,00 S 133,00 $ 80,00 $ 185.00 $ 195.00 $ 185,00 S 145.00
Subconsultant
SubTotal
MPI MU @
8%
Subconsultant
Total
ODC's Total
II 1 10 . It."', 1
(H)i 1 1 o ert Progtes"; and Schedute 8 10 S 8 34 S 4,354 $ S 4.354
6 8 S -s S
•
1 4 S -$ S 4 8 s -s $ 001 12 ii 14 6 53 S 7,854 s -$ $ 7,854
() 8 s -s S
12 6 6 $ -$ 1,
12 $ s S no 11.? "ocuinctitation 18 28 6 52 $ 8,348 % -s S 60 S 8,408
4 6 % -s S ^ tioi 14 28 % -s "S 001 14 7 7 14 S 2,541 7 $ 1.01.1 % 81 $ 1,096 S 3.637 001 1 4 10 14 $ 2,772 $ $ -% S 2,772 00120
00121 10 8 18 S 3,300 8 $ 1.160 S 93 % 1.2.5,3 % 2.000 S 6.553 00122 26 20 46 $ 8,448 20 $ 2.900 S 232 % .5.I.12 $ 11,580 0012.5 52 44 16 8 16 10 146 $ 24,230 12 10 10 40 $ 11.820 S 946 $ 12,766 S 36,996 00124 6 2 8 16 S 1,998 4 S 580 S 46 S 626 S 2,624 0012.S 24 20 44 S 8,052 20 20 "i, 6.600 S 528 S 7.128 s \'^.\m 188 101 10 28 10 16 8 16 36 10 14 437 12 10 30 99
Phase 1 Subtotal $ 37,224 $ 16,665 S 1,930 $ 4,424 $ 1,650 $ 2,030 S 1,264 S 2,000 $ 2,160 $ 1,330 $ 1,120 $ 71,897 $ 2,220 $ 1,950 S 5,550 $ 14,355 $ 24,075 1 $ 1,926 | S 26,001 $ 2,060 S 99,958
Attachment 1
Constructability Review Venue Presented at July 10, 2012 Q&A Session with Carlsbad
Agua Hedionda Project - Constructability Review Venue Presented at 7/10/12
Q&A Session (Dates need to be modified to match personnel availability and City
schedules)
PRE-WORKSHOP ACTivmES (AUGUST f - AUGUST 8™)
1. Collect and assemble project documents
Design Reports and Technical Memorandums
Geotechnical Reports
Plans and Specifications
Engineer's Estimate of Probable Construction Costs (as detailed as is available)
City's Front End Documents
Permit applications and permits
Environmental Documents
2. General review of documents by Libby, Franz and Mark
3. Identify and expand areas of focused review by Libby, Franz and Mark
• Libby - Avoidance of Contractor Delays and Claims
Coordination of Front-end Documents with plans and specifications
Coordination of plans with specifications i.e., verbiage such as "see
specifications" or "see mechanical drawings".
Submittal and RFI requirements to avoid potential abuse by Contractor
Submittal schedule to be tied into CPM schedule
Submittal review turnaround time to be tied into CPM schedule
Contactor payment for all 2"^^ time re-submittals and all 1^* time resubmlttals
when Contactor exceeds 15% of 1^* time re-submittals based on the approved
submittal schedule.
No time extensions for submittals beyond the original submittal
Clear and reasonable interim milestone schedule requirements
Clear and well defined requirements for sewer connections and bypass
pumping/diversions with emergency back-up requirements to avoid spills
Clear and well defined "maintenance of operations" requirements and
constraints
Are the details for construction clearly defined or "left up to the Contractor"?
The "devil is in the details" and focus will be placed on fiushing out general
requirements that lack the details needed by the Contractor to proceed without
delay.
• Franz - Avoidance of Contractor Delays and Claims
Clear and well defined coordination/scheduling requirements between the
four construction contracts
Clear and well defined groundwater dewatering requirements for pump station
and bridge piers. Do the geotechnical investigations clearly define what the
Contractor will encounter relative to soil strata and groundwater conditions?
Clear and well defined requirements for Contractor coordination with and
approvals from SDG&E, NTCD and Southern California Gas
Clear and well defined requirements for concrete placement and concrete
protective coatings for waterproofing and corrosion protection (surface
preparation and acceptance, application and acceptance, and 3'^^ Party testing
by the Contractor)
Buried pipe installation (corrosion protection) and structure/pipe connections to
accommodate potential differential settlement
• Mark - Avoidance of Contractor Delays and Claims
Clear and well defined coordination/scheduling requirements between the
four construction contracts
Clear and well defined groundwater dewatering requirements and treatment
requirements of hydrocarbon contaminated groundwater and soils for pipeline
construction. Do the geotechnical investigations clearly define what the
Contractor will encounter relative to soil strata, groundwater conditions and
contaminated ground water?
Clear and well defined requirements for traffic control and sheeting/shoring for
pipeline construction.
Clear and well defined requirements for SWPPP Compliance
Clear and well defined requirements for environmental monitoring activities
4. Identify and expand areas of "specialty" involvement/review such as
Construction scheduling and sequencing
Construction milestone completions
Construction methods and community impacts
Geotechnical issues and hydrocarbon contaminated groundwater and soils
Sewer connections and bypass diversions
Environmental monitoring
Assign "specialist" to review team
5. Assign areas of "specialty" involvement/review
PRE-WORKSHOP REVIEWS (AUGUST 8^"~ AUGUST 13™)
CONSTRUCTABIUTY REVIEW WORKSHOP (AUGUST 13™ -AUGUST 17™)
1. Educate - 1/2 Day: Designer & City Presentation and Q&A
2. Workshop Focus Areas - 1/2 Day: CM, City & Designer Identification of Critical Issues and
Areas of Focus
3. Discover and Brain Storm - 2 Days: City & CM Review, Confirmation and Development of
Critical Issues and Formulate Preliminary Resolution Strategies
4. Collaborate and Resolve -1 Day: CM, City & Designer Review Issues and Formulate Final
Resolution Strategies
5. Document -1 Day: CM Constructability Review Issues and Resolution Log
Attachment 2
Cost Proposal Worksheets
Agua Hedionda Sewer Project Construction Management and Inspection Services (REV 0)
PHASE 1 - CONSTRUCTABILITY REVIEW SCOPE OF WORK TASKS AND COST ESTIMATES (REV 0)
Schedule Conflicts
• Franz is on vacation August 9^*^ through August 19^^
• Libby is on vacation August 16^^ through August 19^*^.
• Labor Day weekend September 1^* through September B^'^.
• Mark is not available on Thursday mornings.
Schedule Assumptions
NTP anticipated week of August S**^
• Pre- Workshop Activities per attached Constructability Review Venue - August 8*^ to
August 16^^
Need to obtain all relevant project documents NLT August 3"^^.
Franz needs to get review/input before August 9^^.
• Pre - Workshop Team Reviews per attached Constructability Review Venue - August
l/^ to August 24^^
• Workshop per attached Constructability Review Venue - August 27^^ thru August
• Workshop follow-up with City and Designer - September 4*^ through September 28^^.
• Phase 1 duration August 8**^ through September 28^^ - 7 weeks
Task 1 - Preconstruction Services
Task 00110 - Project Management
• Task 00111 - Track Project Progress and Schedule
PM Set-up:
Libby Tortorici - 3 hours
Paul Wilson - 6 hours
PM Updates:
1 update during 7 week duration
Libby Tortorici - 1 hour
Paul Wilson -4 hours
Monthly Invoices:
2 invoices during 7 week duration
Libby Tortorici - 2 x 2hours = 4 hours
Client Rep -2x4 hours = 8 hours
Task 00112 - Sub Consultant Management
Sub Consultant Agreements (MJS, Dudek, Jacobs):
Libby Tortorici -3x3 hours = 9 hours
Holly Makowski -3x3 hours = 9 hours
Sub Consultant Invoices (MJS, Dudek, Jacobs):
2 invoices during 7 week duration
Libby Tortorici -2x3x2 hours = 12 hours
Holly Makowski - 2 x 3 x 0.833 hour = 5 hours
Client Rep -2x3x1 hour = 6 hours
Sub Consultont Coordination (MJS, Dudek, Jacobs):
Libby Tortorici -3x4 hours = 12 hours
Task 00113 - Project Documentation
File Set-up:
Libby Tortorici - 4 hours
Holly Makowski - 6 hours
ODC's - 6 note books @ $10 each = $60
Document Filing ond Control:
Libby Tortorici - 7 weeks x 2 hours/week = 14 hours
Marvin Flynn - 7 weeks x 4 hours/week = 28 hours
Task 00114 - Progress Meetings
Kick-off Meeting:
Libby Tortorici - 2 hours prep + 3 hours participation + 2 hours follow-up = 7 hours
Franz Schauer - 2 hours prep + 3 hours participation + 2 hours follow-up = 7 hours
Mark Sullivan - 2 hours prep + 3 hours participation + 2 hours follow-up = 7 hours
Task 00115 - QA/QC
Libby Tortorici - 4 hours coordination with Quality Consultant
Jon Westervelt (Quality Consultant) -10 hours
Task 00120 - Design/Constructability Review
• Task 00121 - Develop Project Data Needs
Libby Tortorici - 10 hours
Franz Schauer - 8 hours
Mark Sullivan - 8 hours
ODC's - Document copies for distribution $2,000 estimate
Task 00122 - General Design Review
Libby Tortorici - 20 hours + 6 hours to coordinate = 26 hours
Franz Schauer - 20 hours
Mark Sullivan - 20 hours
Task 00123 - Constructability Review & Workshop (Lunches not provided)
Libby Tortorici - 52 hours
Franz Schauer - 44 hours
Mark Sullivan - 40 hours
Glenn Suchor -16 hours
Richard Norco -16 hours
Craig Camp -12 hours
Steve Deering -10 hours
Ed Matthews -10 hours
Soren Zomorodi -10 hours
Arthur Serata - 8 hours
Task 00124 - Constructability Review Issues and Resolutions Log
Libby Tortorici - 6 hours
Franz Schauer - 2 hours
Mark Sullivan - 4 hours
Holly Makowski - 8 hours
Task 00125 - Constructability Review Follow-up
Libby Tortorici - 24 hours
Franz Schauer - 20 hours
Mark Sullivan - 20 hours
Ed Matthews - 20 hours
Summary
Team Member Hours (Rate $/hour) Total Amount
Libby Tortorici 188 ($198) $37,224
Franz Schauer 101 ($165) $16,665
Holly Makowski 29 ($60) $2,160
Paul Wilson 10 ($165) $1,650
Glen Suchor 16 ($125) $2,000
Richard Norco 16 ($130) $2,080
Marvin Flynn 28 ($158) $4,424
Soren Zomorodi 10 ($133) $1,330
Arthur Serata 8 ($158) $1,264
Jon Westervelt 10 ($198) $1,980
Client Rep 14 ($80) $1,120
Pirnie Labor Totals $71,897
Sub Consultants
Mark Sullivan 99 ($145) $14,355
Craig Camp 12 ($185) $2,220
Steve Deering 10 ($195) $1,950
Ed Matthews 30 ($185) $5,550
Sub Labor Totals $24,075
Pirnie Mark-up @ 8% $1,926
ODCs $2,060
Total $99,958