HomeMy WebLinkAboutDudek; 2013-01-09; UTIL965UTIL965
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE HOME PLANT SEWER LIFT STATION AND FORCEMAIN REPLACEMENT
(DUDEK)
THIS AGREEMENT is made and entered into as of the day of
J^atxaa^ru , 20 /3 . by and between the CITY OF CARLSBAD, a
municipal corporafion, ('City"), and DUDEK, a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of an engineering firm that is experienced
in construction management and inspection sen/ices for construcfion of wastewater lift stations.
B. Contractor has the necessary experience in providing professional services and
advice related to construction management and inspection for the construction of a wastewater
lift stafion.
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 condifions.
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 two (2) years from the date first
above written. The City Manager may amend the Agreement to extend it for one (1) addifional
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 OFTHE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
two hundred sixty-six thousand two hundred eighty-five dollars ($266,285). 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%)
retenfion 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 contribufion, 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 indirecfiy
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
relafionship 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 connecfion 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 eariy 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-: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 Rafing 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 representafion 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 Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
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 addifional 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 exisfing policies in order to
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maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete
and certified copies of any or ail 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 Mark Biskup Name George Litzinger
Title Associate Engineer Title Project Principal
Department Utilities Address 605 Third Street
City of Carisbad Encinitas, CA 92024
Address 1635 Faraday Avenue Phone No. 760-942-5147
Carisbad, CA 92008 Email glitzinger@dudek.com
Phone No. 760-602-2763
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. CONFUCT 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 obsen/e and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discriminafion 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 othenA/ise 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 fonA^arded 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 fon^/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 acfion 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 determinafion 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 othenA/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. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
informafion. If City seeks to recover penalfies 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 condifions of this Agreement.
CONTRACTOR
DUDEK, a California corporafion
CITY OF CARLSBAD, a municipal
corporation of the State of California
Dudek
Frank Dudek
(print namp^tig^ident
ATTEST:
^ City Clerk
Tl".-' ..PC ••>-.» V.
ixT^^ ^rr<;^^oV^^sv^ <<r/^'—
(prinTname/title) '
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:
Asslstiril City AttorneV
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MA K oni> i
t*eS •i|RL> ! Ji^U f
November 19, 2012
Mr. Mark Biskup
City of Carlsbad
Utilities Department - Engineering Division
1635 Faraday Avenue
Carisbad, California 92008
Sub/ect: Request for Proposal - Home Plant Sewer Lift Station and Forcemain Replacement
Construction Management and Inspection Services, CIP No 5509 •- Revised U-I9-12
Dear Mr. Biskup:
Enclosed is our revised scope of work and cost proposal for the above mentioned project. The revised scope
deletes the Geotechnical and Material Testing Optional Task Item 2.10 as requested. The hours for inspection and
start up and testing tasks were adjusted per our previous meeting and a 300 working day construction schedule.
The new total revised not-to-exceed cost proposal amount is $266,285.
Dudek is excited about the opportunity to provide these services to the City. Should you have any questions
or require additional information, please contact me.
Sincerely,
George Litzinger, PE
Project Principal
WWW.0UDEK.COM
SCOPE OF WORK - REVISED /1-19-12
TASK I PRECONSTRUCTiON SERVICES
Tasi< I. i Project Management
The construction manager will be sole point of contact between the contractor and City. He will
be responsible for the overall coordination before and during the construction. He will assist the
City prior to bid, assistance with addendums, coordinating with utilities and City Departments as
needed. The construction manager will be a one-stop shop by also providing the daily inspection on
the project. The construction manager will establish a document control system with excel spread
sheets organized in format according to the City's project tracking standards and procedures
including preparing RFI, submittal, notification forms and tracking logs. All project files will be
transmitted and stored electronically throughout the project.
Task 1.2 Preconstruction Conference
The construction manager will conduct and chair this conference that will include overall project
objectives, roles and responsibilities, key submittal requirements (schedule of values, CPM
schedules, submittal and schedules), and administrative procedures related to submittal processing,
RFI processing, progress payments, shutdown and tie-in coordination, change order processing,
permit requirements and notifications, document control requirements, and other pertinent topics.
The construction manager will provide a concise summary of meeting minutes detailing the project
requirements and discussions from this meeting.
TASK 2 CONSTRUCTION SERVICES
Tasl< 2. i: Contract Administration/Management
The construction manager will be responsible all aspects of contract compliance, construction
inspection, change processing, permit compliance, quality control, contract interpretation and
enforcement. The construction manager will manage and inspect the project from the contractor
provided field office and Dudek also has local office nearby the project for office support as well.
The construction manager will prepare all required reports, letters, track permits and insurance
documentation, stop notices, resolve nonconforming items and review the contractor's Record
Drawings, coordinate with City's operation staff as-needed, draft progress payments and prepare a
punch list.
The construction manager will enforce all environmental and permit (federal, state and local)
requirements on the project which is in a sensitive habitat area next to the lagoon. Dudek has
provided environmental services to the City near this area and is very familiar with the City's
policies and procedures for enforcing these requirements. The construction manager will
coordinate and work closely with the City's environmental consultant throughout the course of
the project, as it will be a major stakeholder on this project.
Task 2.2: Reports and Communication
The construction manager will document and distribute all relevant project communications to the
City and applicable parties. He will furnish original project documents and final project reports to
the City within 60 days following filing of Notice of Completion. The construction manager will
maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other
submittals, logs of requests for information, change orders, progress payment requests, progress
meeting reports, daily inspection reports, dates of utility service interruptions, and all other project
PROJECT APPROACH
correspondence. The construction manager will prepare three copies of the monthly progress
report 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.
Task 2.3: Photo Documentation
The construction manager will review the contractor's videotape of preconstruction site
conditions prior to any construction operation to confirm existing conditions within the limits of
work, adjacent areas, and along haul routes to document and clearly depict pre-existing conditions.
The construction manager will prepare additional videotape and photographs to document site
conditions as required to supplement the contractor's videotape to ensure existing conditions
along the alignment are documented and ultimately returned to the original condition at the end of
the project. The construction manager will take and develop construction documentation
photographs on a regular basis and maintain a digital photographic library of all significant
construction activities, providing unique file names for photos including date and location
information. The construction manager will take additional photographs to document differing site
conditions, change order and claim items, and any special or unique conditions as the arise.
Task 2.4: Construction Progress l^eetings
Construction progress meetings will be conducted weekly during the course of the project The
construction manager, City personnel, contractor, and utilities, as appropriate, will participate in
progress meetings. These meeting will be coordinated and chaired by our construction manager
who will prepare and issue meeting agendas and meeting minutes for all progress meetings and
special meetings with the contractors.
Task 2.5: Siiop Drawings and Submittal Reviews
The construction manager will receive, log, distribute, monitor and track shop drawings and
submittals made by the contractor, and coordinate the review of shop drawings and submittals
with the City and the design engineer where appropriate. Dudek will review all submittals for
general compliance with the requirements of the Contract Documents prior to forwarding the
submittals to the design engineer. Dudek will review and process submittals of a general nature
such as sand, asphalt paving, site concrete, etc. We will conduct a pre-submittal meeting with the
design engineer, City, and contractor's electrical/instrumentation subcontractor to discuss
submittal requirements, requested substitutions and overall control scheme in order minimize
review time required for these l&C equipment submittals.
Task 2.6: Plans and Specifications Interpretation
The construction manager will receive, log, distribute, monitor and track all RFIs submitted by
the contractor. Dudek will coordinate, as needed, with the design engineer for interpretation of
the Contract Documents where appropriate and will respond to all RFIs in a timely manner. The
construction manager will review and process RFIs of a general nature that do not alter the
design intent.
PROJECT APPROACH
Task 2.7: Construction inspection Services
The construction manager will also serve as the day-to-day inspector on the project. Dudek will
also be providing full-time specialized HDD drilling inspection by Garrett White and Steve Deering,
PE and part-time electrical and l&C inspection by Jim Hudson from Rockwell Construction
(Rockwell). The construction manager will be responsible to coordinate soils and materials testing
as required with the City's on-call consultant. The construction manager will perform special
inspections (rebar, concrete, bolting and masonry) required to confirm compliance with the
requirements of the Contract Documents. In addition to lift station construction inspection, the
construction manager will inspect traffic control, SWPPP and monitor hours work on a daily basis
to ensure compliance with project requirements. The construction manager will witness and
handle acceptance of all pipe hydrotesting and spark testing on PVC lining.
The open cut trenching section through Maxton Brown Park and east Laguna Drive is located
near the centerline of a two-lane road through a residential area. Groundwater is anticipated. In
addition, with the existing utilities present, progress will be slowed, traffic will be impacted by
the space required to construct the work, stage shielding and the trucking required to import
pipe zone materials, and export excess trench spoils. The construction manager verify all of the
open cut work is constructed per plan, impacts surrounding residents are minimized, and traffic
control is installed/maintained properly. The installation will be loud and dusty. Worker, public
safety considerations and enforcing hours of work will be paramount. Upon completion, one-lane
width of the street will be resurfaced and landscaping in the park will be restored. The
construction manager will be responsible for ensuring improvement restoration is completed to
the City's satisfaction.
Protection of the sensitive buffer habitat next to the lift station site will have to be delineated and
protected from beginning to end of the project The construction manager will inspect on a daily
basis that the contractor doesn't enter or disturb these areas once the existing fencing is removed.
A detailed, project-specific SWPPP will be submitted by the contractor to specify pollution
prevention and erosion control measures they are to follow. However, it has been Dudek's
experience that the success or failure of any erosion control and storm water pollution prevention
program is based on the level of inspection or enforcement that is provided during construction.
The construction manager is experienced with inspection and enforcement of local, large-scale
construction projects that require extensive storm water and erosion control protection
measures. The construction manager will have a thorough and complete understanding of SWPPP
requirements, and will work with the contractor and regulatory agencies to make this part of the
project a success. Garrett White is a certified QSP inspector, if needed. SWPPP compliance will be
inspected and enforced on a regular basis. Enforcement means notifying the contractor immediately
if BMP's are not in accordance with the approved SWPPP and following up to make sure these
items are addressed promptly.
Task 2.7.1: HDD Inspection Services
The project includes a horizontal direction drill (HDD) installation of a 328-foot long section of
new 8-inch HDPE sewer force main under Carlsbad Boulevard and State Street We understand
the importance of proper inspection techniques to insure proper installation and avoid claims.
Dudek will utilize the inspection and engineering services of Garrett White and Steve Deering, PE
to inspect and monitor the HDD drilling operation. Rigid monitoring of the guidance system will be
required to install the force main along precise vertical and horizontal curvatures necessary to
achieve proper operational characteristics, and avoid adjacent utilities. At east end ofthe alignment
the drill head will pass approximately 6-inches under an existing 66-inch storm drain. Precision
PROJECT APPROACH
clearances must be maintained and require a team that has seasoned expertise in trenchless
methods of construction.
Task 2.7.2: Electncal and Instrumentation inspection Services
Dudek selected Rockwell as our electrical instrumentation inspector due to their decades of
experience and success in this field. Jim Hudson will be responsible for ensuring all field testing of
electrical and instrumentation and controls equipment/systems meet contract requirements. Jim
will be involved during the l&C pre-submittal phase, start-up coordination and throughout the
project establishment of testing and operating procedures on the electrical and control equipment
He will inspect all levels of electrical construction, including: dry utility trenches, raceways, wiring,
switch gear. PLC, sensors, level indicators, panels, generator and wiring to verify the work is
completed to plan and code. Rockwell will perform loop testing/checks, and verify load, ground,
and megher testing has been completed by the contractor. He will also review as-built P&ID
diagrams, wiring and conduit diagrams, and provide the completed as-builts to the City.
Task 2.8: Progress Payments
At the end of the month the construction manager will walk the project with the contractor's field
personnel and agree on a percent complete of the work and field measure unit price items. The
construction manager will ensure the initial cost loading of schedule of values are fairly spread
throughout the project and not allow front-end loading. Once the payment application percent
complete is approved, the construction manager will request that the contractor complete the
payment application with required backup and will review it with the City for approval. The
construction manager will discuss prerequisites to a complete payment application with the City
prior to the start of the project
These prerequisites will include:
• Monthly schedule update with current status
• Updated as-built documentation
• Up-to-date SWPPP documentation and implementation
Task 2.9: Contractor Claims and Change Orders
The construction manager will:
• Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra
work and change orders
• Negotiate all claims to an agreed contract/consultant/City conclusion
• Submit change orders to the City for approval
• Prepare a report providing statement of claim, extra work or change; background leading
to issue; resolution alternatives; and resolution recommendation for action by the City
• Prepare written justification and cost estimates for each change order and negotiate costs
with the contractor. Review claims, extra work and change orders that require design
modifications or clarifications, including revisions to drawings, details and specifications
• Resolve claims, extra work and change orders for changes to the work and obtain
City approval
• Provide the lead role and support to the City in resolving claims and disputes including:
written responses to contractors and private parties, giving depositions, assisting with
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PROJECT APPROACH
arbitration and litigation, serving as an expert witness, investigating claims for damages by
private sources, coordinating design services for replacement of damaged work and
services made necessary by contractor default.
Processing a Disputed Change Order
Prior to processing a disputed change order, the construction manager should exhaust all
reasonable remedies for resolving the dispute with the contractor. Dudek's recommended change
order review and negotiation best management practices are outlined below and the path we
would follow prior to processing a disputed change.
Prompt Resolution of Changes in the Field
Critical to cost management is the prompt resolution of cost and schedule issues in the field. The
most detailed knowledge of an issue resides in the field with the contractor's personnel and the
owner's construction representative. We believe that it is best handled in the field and that
providing qualified personnel in the field, the construction manager will be able to resolve most
issues in the field. When or if it does become necessary to elevate issues to a higher executive
level, Dudek will ensure that all viable options for field resolution have been exhausted.
Task 2.10 Geotechnical and Material Testing (Optional Task)
Tosk deleted.
TASK 3: PROJECT CLOSEOUT
The construction manager will coordinate construction close-out by working with the contractor
in developing a punchiist to finalize each item of work not yet signed off. This list will include all
items from a joint walkthrough with the City. The construction manager will generate a
comprehensive list of these items from the walkthrough. The construction manager will be firm
with the contractor that the contract is not complete (nor final payment or retention released)
until all punch list items are complete. The construction manager will ensure the contractor
provides an accurate complete set of red-lined incorporating all plan and specification modifications
during the project During closeout phase, our team will ensure the lift station is continuing to
operate mechanically and electronically trouble free and ensure outstanding issues are resolved so
the City has a properly operating and reliable lift station for many years.
Final Completion
As the project nears final completion, it is important that all outstanding payments and change
orders are resolved and paid, if valid. There should be no surprises when the project is finalized
and the costs are all accounted for. Throughout the project Dudek will track amount spent and
where the project is in reference to the budget Our goal is to deliver each project at or under the
budget set by the City.
Final completion marks the last major milestone in the construction process. We will follow up to
ensure that all warranties, guarantees, operating manuals, and personnel training are provided to
the City. All final inspections will be completed prior to signing off on the project. All invoices,
documents, record drawings, project files etc.. will be organized and delivered in an orderly
manner by the construction manager. We will provide the City with a seamless transition of
paperwork to close the project out without needing extended time to do such. Dudek will submit
a DVD of all project files and a hard copy of the record drawings and O&M manuals to the City at
the end of the project
2 SCHEDULE
Based on the tentative construction schedule presented in the Request for Proposal and Bid
Documents. Dudek takes no exception in providing the staffing level required for a 300 working
day construction contract duration including the coordination work required during pre-
construction and closeout support phases of the project (total project duration of 15 months).
Our firm is currently providing construction management services for several clients in Southern
California, dedicating approximately 80% of our available CM and inspection staff time on these
projects. Many of these projects are short-term, as-needed type projects. The construction
manager is currently working full time on a treatment facility project for the City of Anaheim,
which is on schedule to be completed in September, and he will be available part time as-needed to
assist during the bidding phase of the project full time during the construction phase, and part time
for the project closeout phase. The project principal will be available as-needed to provide any
support for the construction manager on an as-needed basis throughout the project The HDD
inspector is currently working part time on projects for the Encina Wastewater Authority and will
be available full time during HDD operations on the project The electrical and l&C inspector from
Rockwell is currently working full time on a project for Olivenhain Municipal Water District and
will be available part time or as-needed during the duration of the project
DUDEK Home Plant Sewer Lift Station and Forcemain Replacement
5^
APPENDIX B
Hourly Rate Schedule
APPENDIX B
HOURLY RATE SCHEDULE
Staff Member Name
Jason Linsdau
Marius Jaskula.PE
Steve Deering, PE
Garrett White
Project Principal
Construction Manager
HDD Engineer
HDD Inspector
$135
$135
$205
$110
DUDEK Home Plant Sewer Lift Station and Forcemain Replacement B-1
Dudek Cost for Home Plant Sewer Lift Station and Force Main Replacement Project - Revised 11-19-12
Task 1: Pre-Construction Phase Services
Hours Rate Cost Task 1.1 Project Management
Construction Manager 60 $135 $8.100
$8,100 Task 1.2 Pre-construction Conference
Construction Manager $135 $810
HDD Inspector | $110 $220
Rockwell Construction $145 $290
$1,320
Task 1 Total $9.420
Task 2: Construction Phase Services
Hours Rate Cost Task 2.1 Contract Administration/Management
Project Principal 40 $135 $5,400
Construction Manager 400 $135 $54,000
$59,400 Task 2.2 Reports and Communications
Construction Manager 100 $135 $13,500
$13,500 Task 2.3 Photo Documentation
Construction Manager 40 $135 $5,400
$5,400 Task 2.4 Construction Progress Meetings
Construction Manager 50 $135 $6,750
$6,750
Task 2.5 Shop Drawing and Submittal Reviews
Construction Manager 40 $135 $5,400
HDD Engineer | 15 $205 $3,075
Rockwell Construction 20 $145 $2,900
$11,375
Task 2.6 Plans and Specifications Interpretation
Construction Manager 40 $135 $5,400
$5,400
Task 2.7 Construction Inspection Services
Construction Manager 750 $135 $101,250
HDD Inspector | 80 $110 $8,800
Rockwell Construction 100 $145 $14,500
$124,550
Task 2.8 Progress Payments
Construction Manager 14 $135 $1,890
$1,890
Task 2.9 Contractor's Claim and Change Orders
Construction Manager 80 $135 $10,800
1 $10,800
Task 2.10 Geotechnical and Materials Testing (Optional) j |
Task Deleted per City Request 0 $0 $0
Direct Costs $1,000
Task 2 Total $240,065
1
Task 3: Proiect Close Out
\ Hours Rate Cost
Construction Manager 60 $135 $8,100
Rockwell Construction 60 $145 $8,700
$16,800
Task 3 Total $16,800
1 1 •••IM^ Construction Duration 300 Working Days
Subconsulant rates and proposal include 15% mark up.
DUDEK