HomeMy WebLinkAbout1980-11-04; City Council; 5777-2; Encina Joint Powers amendment to agreementCITY OF CARLSBAD
r -, A , jst -7 Initial:AGENDA BILL NO. • - Supplemental ^»g ^Dept. Head ^_
DATE: November 4. 1980 _ ; _ _^ _ C. Atty \J F/O
DEPARTMENT: Engineering ' C' Mgr'
SUBJECT: ENCINA JOINT POWERS - AMENDMENT NO. 2 TO THE NINTH SUPPLEMENT TO THE
BASIC AGREEMENT
STATEMENT OF THE MATTER
Through the Basic Agreement and its nine supplements, the six agencies of the
Encina Joint Powers have agreed to the Phase III upgrading and enlargement of
the Encina Sewage Treatment Plant. The construction work has commenced. The
six agencies have previously contracted with Lowry and Associates to manage
the construction. It appears that the services of a construction scheduling
consultant are required to insure that the multi-contract project is properly
coordinated. The firm of Lowry and Associates is able to provide scheduling
services and have agreed to do so by Amendment No. 2 to the Master Agreement
for Construction Services. -The Joint Advisory Committee has considered the
Amendment and recommends approval.
FISCAL IMPACT
This amendment does not change the budget amount for Construction j^g^ent
Services. The budget amount is $1,319,250 of which approximately 87%* should
be funded by grants and, of the remainder, about $42,000 will be charged to
Carlsbad.
EXHIBITS
1 Resolution No. k345T. Approving and Agreeing to Amendment^0.2 to the
Ninth Supplement to the Basic Agreement to provide Construction Management
Service for Phase III. • •
2. Amendment No. 2 to the Ninth Supplement to the Basic Agreement.
3. Amendment No. 2 to the Agreement for Construction Management Services.
RECOMMENDATION
Adopt Resolution No.&M^ approving and agreeing to Amendment No. 2 to the
Ninth Supplement to the Basic Agreement to provide Construction Management
Service for Phase III.
Council Action:
11-4-80 Council adopted Resolution 6345, approving and agreeing to Amendment 2 to the
Ninth Supplement to Basic Agreement. •
1 RESOLUTION NO. 6345
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AND AGREEING TO AMENDMENT NO. 2 TO
3 THE NINTH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE
CONSTRUCTION MANAGEMENT SERVICES FOR PHASE III BETWEEN
4 THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT, BUENA
SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT,
5 LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY
DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
6 SUPPLEMENT ON BEHALF OF THE CITY
7 BE IT RESOLVED by the City Council of Carlsbad as follows:
8 1. That the City of Carlsbad does hereby approve and agree to the
9 Amendment No. 2 to the Ninth Supplement to the Basic Agreement to provide
10 Construction Management Services for Phase III, a copy of which is attached
11 and incorporated by reference herein;
12 2. That the Ma/or of the City of Carlsbad is hereby authorized and
13 directed to execute on behalf of the City of Carlsbad Amendment No. 2 to
14 the Ninth Supplement to the Basic Agreement to provide Construction
15 Services for Phase III.
16 PASSED, APPROVED AND ADOPTbD by the City Council of the City of
.17 Carlsbad, at a regular meeting held the 4th day of November , 1980,
18 by the following vote,to wit:
19 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
20 NOES: None
21 ABSENT; None
22 <^/.
RONALD C. PACKARD, Mayor
23
24 ATTEST:
25
26
27
28 (SEAL)
ALETHA L. RAUTENKRW, City Clerk
AMENDMENT NO. 2 TO THE
NINTH SUPPLEMENT TO THE BASIC AGREEMENT
TO PROVIDE CONSTRUCTION MANAGEMENT
SERVICES FOR PHASE III
This Amendment No. 2 to the Ninth Supplement to the Basic Agreement is
made and entered into as of the day of _, 1980, by and among:
VISTA SANITATION DISTRICT ("Vista"), a county sanitation district,
whose governing board is the City Council of the City of Vista;
CITY OF CARLSBAD ("Carlsbad"), a municipal corporation;
BUENA SANITATION DISTRICT ("Buena"), a county sanitation district
whose governing board is the Board of Supervisors of San Diego County;
SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district;
LEUCADIA COUNTY WATER"DISTRICT ("Leucadia"), a county water district; and
ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary district.
RECITALS
WHEREAS, the aforesaid public agencies have entered into a joint powers
agreement, pursuant to Chapter 5 of Division 7 of Title I of the Government Code
fo£.the joint exercise of powers relating to the acquisition, construction, oper-
ation, and maintenance of facilities for the transmission, treatment, and
disposal of sewage, which facilities comprise a single system of sanitation works
and includes expansion of such facilities by virtue of a project commonly known as
Phase III Enlargement and Upgrading of the Encina Water Pollution Control Facility;
and
WHEREAS, engineering design and construction management for the aforesaid
enlargement and upgrading is presently in progress; and
WHEREAS, said enlargement and upgrading is presently in progress; and
WHEREAS, said enlargement and upgrading will require construction con-
tracts having substantial monetary value and will require supervision, coordin-
ation, and management; and
WHEREAS, it is in the best interests of all the public agencies which are
a party hereto that the services of a critical path consultant be provided for the
Phase III enlargement and upgrading; and
WHEREAS, the Construction Manager has available and offers to provide
personnel and facilities necessary to accomplish the work within the required
time; and
WHEREAS, the Ninth Supplement to the Basic Agreement was made and en-
tered into as of the 7th day of March 1979 by the public agencies which are a
party hereto; and
WHEREAS, Construction Manager agrees to perform those tasks described
in and incorporated into Amendment No. 2 to the Master Agreement for Construc-
tion Management Services ("Amendment") attached hereto and marked Exhibit "A";
and
WHEREAS, at a regular meeting of the Joint Advisory Committee held on
September 24, 1980, a motion was duly made, seconded, and unanimously adopted
that Vista Sanitation District be authorized to enter into the Amendment; and
WHEREAS, the said proposed Amendment is in accordance with the Amend-
\
ments to Title 40 of the Code of Federal Regulations, Part 35, as published in
the Federal Register of December 17, 1975; and
WHEREAS, the parties of the aforesaid Joint Powers Agreement are
receiving a grant from the United States Environmental Protection Agency for a
substantial portion of the said Phase III enlargement and upgrading; and
WHEREAS, by a duly authorized and executed supplemental agreement to
the aforesaid Joint Powers Agreement the Vista Sanitation District has been
appointed and is presently acting as administrator of the Phase III enlarge-
ment and upgrading; and
WHEREAS, said Vista Sanitation District requires the approval of all
parties to the aforesaid Joint Powers Agreement in order to amend the contract
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for construction management services for said Phase III enlargement and upgrading.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS
AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1: That the Board of Directors of the Vista Sanitation District
be, and is hereby authorized to enter into Amendment No. 2 to the Master Agreement
for Construction Management Services with LOWRY & ASSOCIATES, a California corp-
oration; and RONALD 0. ROHADFOX, dba CONSTRUCTION CONTROL SERVICES, a joint
venture, in the form and substance as that attached hereto and marked Exhibit "A".
Section 2; This amendment may be executed in counterparts, and upon
execution thereof by all of the parties set forth on Page 1 hereof, each counter-
part shall be deemed an original-.
IN WITNESS WHEREOF, each party hereto has caused this Amendment No. 2
to the Ninth Supplement to the Basic Agreement to be signed by its respective
officials heretofore duly authorized by the legislative bodies thereof.
Approved by Resolution
*- '
No. on
Approved by Resolution
No. 6345 on 11/4/80
Approved by Board Order
No. on
Approved by Roll Call
Vote on
VISTA SANITATION DISTRICT
By:
CITY OF CARiSBAD /- ) .
"Mayor
BUENA SANITATION DISTRICT
By:
Clerk, Board of Supervisors
SAN MARCOS COUNTY WATER DISTRICT
By:
By:
President
Secretary
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•••w
Approved by Resolution
No. on
Adopted by Resolution
No. on
LEUCADIA COUNTY WATER DISTRICT
By:
President
By:
Secretary
ENCINITAS SANITARY DISTRICT
By:
By:
President
Secretary
/* •"»».V.
>r; KECEiVED
VH ANGINAAMENDMENT NO. 2 V.;^ :..^ vr•- > -• v.. . •( .
TO THE
AGREEMENT FOR CONSTRUCTION MANAGEMENT
BETWEEN VISTA SANITATION DISTRICT
AND
LOWRY AND ASSOCIATES/CONSTRUCTION CONTROL SERVICES
FOR PHASE III ENLARGEMENT AND UPGRADING
FOR THE ENCINA WATER POLLUTION CONTROL FACILITY
I. REFERENCE
Agreement for Construction Management Services between Vista Sanitation
District and Lowry & Associates/Construction Control Services for Phase III
Enlargement and Upgrading of the Encina Water Pollution Control Facility
executed February 7, 1979 and Amendment 1 executed February 13, 1980.
II. REASON FOR AMENDMENT
Whereaf the owner has requested the inclusion of CPM scheduling/cost'
control services in the Construction Manager's scope of work, the Master
Agreement shall be amended.
III. .AMENDMENT
Exhibit A of the Master Agreement is hereby amended as follows:
Replace the entire exhibit with the words,
"EXHIBIT A
I. GENERAL
The services to be rendered by the Construction Manager shall
include those services as generally required to facilitate the
timely construction of the Encina Sewage Treatment Plant Phase
III Upgrading and Expansion Project. Work will be performed in-
accordance with U. S, EPA requirements and Clean Water Grant
Guidelines issued by the Division of Water Quality, California
State Water Resources Control Board. Specific guidance is con-
tained in the guidelines entitled "Managing Construction of
Clean Water Grant Projects" issued by the Division of Water
.#**"»".
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
Quality, California State Water Resources Control Board
(November, 1977) and the District's Construction Management
Plan, as amended.
For the purpose of the Agreement, the scope of services to be
provided is divided into three (3) phases. (Revisions by
Amendment No. 2 are designated by an asterisk [*].)
II. SCOPE OF SERVICES
1. Reconstruction Services
A. The Construction Manager shall assist the District in
developing a master schedule of the complete project.
B.. The Construction Manager shall become a member of the
value engineering team and provide input on the con-
struction impacts of potential alternative designs.
Key construction impacts shall include the effect on
schedules, cost, plant operation during construction",
and contract coordination of the multiple-bid packages.
C. Provide cost control function as necessary to determine
the feasibility of bid packaging and making construction
management decisions.
D. In detailed design, the Construction Manager will provide
reviews concurrent with monthly Design Review Committee
meetings scheduled by the District. Early review will
include consideration of concept, systems, design criteria
constructability, long lead items, and cost effectiveness,
as appropriate.
E.* The Construction Manager shall provide Critical Path Method
(CPM) scheduling/cost control services for the Encina
Phase III Project during the preconstruction phase includ-
ing review and comment on CPM requirements in the specifi-
cations in accordance with attachment A2 of this Amendment.
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c - o
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
2. Procurement Phase
A. After issuance by the District of a contract or purchase
agreement, the Construction Manager will monitor and
expedite the progress of the respective contractors,
manufacturers, or fabricators of such items and report
to the District concerning any problems of prospective
delay in delivery.
B. Process equipment drawing submittals. Includes logging
in transmittal to A/E and timely reply to contractor.
C. Establish means of receipt, inspection, storage, protec-
tion, and issue for installation of long lead procurements.
D. The Construction Manager shall provide information to the
Engineer to insure specifications are compatible with
construction management plans.
E.* The Construction Manager shall integrate the equipment
purchase contract schedules into a master CPM schedule
in accordance with attachment A2 of this Amendment.
3. Construction Contract Administration Phase
A. Hold preconstruction conferences to review contract
requirements, establish procedures for submittals,
schedule meetings, set progress cutoff dates, and
introduce various participants in the construction
operation.
B. Provide adequate field staff competent to observe
construction at all times and to determine contractor's
compliance with contract requirements. Personnel assigned
to the work by the Construction Manager will be satisfac-
tory to the District and SWRCB. No substitutions will be
made without the District's approval. If the District
determines that an employee of the Construction Manager
on the work is unsatisfactory, District may request his
removal and the Construction Manager will comply promptly .
and assign a satisfactory replacement. No employee so
removed will be reassigned to the work without the District's
c
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
approval. Inspect contractor's work for dimensions,
position and workmanship; obtain tests of materials as
necessary pursuant to determination of conformance to
contract documents.
C. The Construction Manager will define and operate a system
for fair progress payments of construction cost which will
be limited to the value of construction. Review and
recommend contractor's estimates for progress payments.
D. All documents for each contract will be maintained within
a central jobsite file by the Construction Manager. The
filing system will separate the documentation by function,
i.e., change orders, submittals, reports, logs, schedule
updates,- photographs, laboratory reports, etc. Each
function will be filed in chronological order to provide
a job history as protection against future claims. Upon
job completion, the files will be submitted to the District.
E. Receive and coordinate with the appropriate A/E shop
drawings and other Documents such as equipment manuals.
F. Review and formulate recommendations or requests for
contract changes; analyze effects on costs, schedules and
benefits; coordinate modification of the contract docu-
ments; and assist in negotiations.
G. Inform the District promptly of a claim by a contractor;
administer the claim in accordance with District's
procedures.
H. Construction Manager will maintain record drawings by
revising original contract plans. The plan changes will
be provided to the A/E, namely, Brown and Caldwell.
I. After construction has begun, Construction Manager will
verify such lines and grades as required by the contractors.
0.* Report monthly to the owner the results of the CPM schedule
update in accordance with the actual job progress as out-
lined in SCOPE OF WORK FOR CRITICAL PATH SERVICES,
attachment A2 of this Amendment.
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o
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
K. Determine final completion and provide written notice to
the District that the work is ready for final inspection.
Secure and transmit to the District required warranties,
affidavits, releases, bonds, and waivers. Turn over to
the District all keys, manuals, record drawings, and
maintenance stocks.
III. PROPOSED TEAM TO MEET THE CONSTRUCTION MANAGEMENT OBJECTIVES
To meet the objectives for the Encina Joint Powers Project,
a team of experienced personnel is proposed as shown on the
Construction Management Organizational Chart, as set forth
on Page 8. The job functions for these team members are
outlined as follows:
Encina General Manager (as set forth in Figure 1)
a. Administrates and coordinates all aspects of the
project.
b. Sets up and maintains liaison with the Joint Powers
Board, the Encina member agencies, principals of
contracting firms, and supervisory team members.
c. Monitors work for compliance with Encina Joint Powers
requi rements.
Project Advisory Committee (as set forth in Figure 1)
a. Provides monthly review of project team performance
during the progress of the work.
b. Coordinates with the principal-in-charge to insure
adequate staffing on the project.
Principal-in-Charge* (as set forth in Figure 1)
a. Has corporate responsible charge as a principle
owner of the consulting firm of the joint-venture
contract with commensurate authority and responsiblity.
b. Will represent the Encina Joint Powers interests if
required and requested on governmental and regulatory
agency issues.
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/•***»,
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
Project Manager* (as set forth in Figure 1)
a. Has project technical and managerial responsible
charge of the joint-venture construction management
team and approach to the construction management
work program.
b. Monitors and advises the Resident Engineer on his
functions involving the CM teams organization,
procedures, communciations, supervision and-team
motivation.
c. Assist the owner and Resident Engineer in identifying
and resolving potential or actual problem areas in
the conduct of the work.
Resident Engi'neer (as set forth in Figure 1) :
Preconstruction Phase
a. Reviews user needs and design criteria.
b. Prepares trade-off studies as necessary.
c. Develops a detailed project schedule.
d. Prepares a detailed project budget.
e. Identifies industry constraints or limitations.
f. Identifies supplier constraints or limitations.
g. Identifies construction methods, constraints or
limitations.
h. Identifies possible packaging of smaller contracts.
i. Verifies budget and schedule with new information.
j. Review time control provisions of proposed construction
contracts.
k. Makes recommendations to District for review.
1. Prepares project procedure guidelines for construction
phase.
Construction Phase
a. Conducts supervision of the entire field operation.
b. Reviews contract documents and contract formation.
c. Conducts preconstruction conference and authorizes
construction start-up.
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C Q
AMENDMENT NO. 2 TO THE AGREEMENT for
CONSTRUCTION MANAGEMENT SERVICES
d. Conducts weekly construction meetings and updates
schedules,
e.* Conducts monthly review and update of CPM schedule.
f. Prepares monthly progress reports and pay requests.
g. Conducts change order negotiation and preparation,
h. Approves final job acceptance and supervises start-
up.
i. Assures warranty enforcement.
Field Engineer (as set forth in Figure 1)
a. Coordinates with design engineers.
b. Submits review and monitors reports.
c. Reviews contractor substitution requests.
d. Performs prepurchase order placement and follow-up.
e. Requests or performs design and calculation of field
modifications.
f. Prepares as-built drawings.
g. Coordinates activities between contractor's and
District's staffs.
h. Provides general assistance to Resident Engineer.*
Inspectors (as set forth in Figure 1)
a. Performs daily inspection of construction activities.
b. Supervises field testing and prepares test samples.
c. Prepares daily reports.
d. Supervises and maintains photographic records of job
progress.
e. Monitors force account activity.
Secretary (as set forth in Figure 1)
a. Provides secretarial assistance.
b. Maintains correspondence files.
c. Organizes and maintains other job files including:
1) Daily reports 5) Contract Documents
2) Weekly meeting minutes 6) Test results
3) Monthly reports 7) Submittals
4) Change Ordars
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ENCINA JOINT POWERS
CONSTRUCTION MANAGEMENT ORGANIZATION
r
PRINCIPAL-IN - CHARGE
DENNIS O'LEARY
ADMINISTRATIVE SUPPORT
DENNIS REID
FIELD ENGINEERS
T_
ENCINA GENERAL MANAGER
DENNIS REID
PROJECT MANAGER
BOB HANSON
RESIDENT ENGINEER
BEN PRI.CE
ASSISTS RESIDENT ENGINEER'
COORDINATION
TESTING
I FIELD MODIFICATIONS
EXPEDITING
REPORT SU3MITTALS
« DOCUMENTATION
PROJECT ADVISORY COMMITTEE
DONALD MARTINSON
RONALD ROHADFOX
DESIGN ENGINEER
BROWN AND CALDWELL
CIVIL
I GRADING
SITE
I CONCRETE
• ELECTRICAL
MECHANICAL
• INSTRUMENTATION
FIGURE 1
c o
IV- EFFECTIVE DATE OF THIS AMENDMENT
This amendment is effective on and from the day, month and year it is
signed by an authorized signatory of the Vista Sanitation District.
CONSTRUCTION MANAGER
LOWRY & ASSOCIATES
By:
Date:
CONSTRUCTION CONTROL SERVICES
By:
Date:
OWNER
VISTA SANITATION DISTRICT
By:
Date:
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ATTACHMENT A2
SCOPE OF WORK
CRITICAL PATH METHOD (CPM)
SCHEDULING/COST CONTROL SERVICES
INTRODUCTION
The Encina Phase III Project has three prime construction contracts and
four equipment purchase contracts summarized as follows:.
Construction
Contracts * Portion of the Project
1/7/9 (1) Grading, (2) Flood control
channel, (3) Secondary facilities,
(4) Avenida Encinas
8 Operations Building
V
10/11 (1) Sludge thickening and de-
watering facilities, (2) Headworks,
(3) Pretreatment and (4) Digester
facilities, (5) Power building,
(6) Chlorination building, (7)
Effluent pumping station, (8)
Plant wide electrical distribution
and instrumentation, (9) Plant
commissioning.
ATTACHMENT A2 - Page 1
ATTACHMENT A2
SCOPE OF WORK
Equipment Purchase
Contracts Equipment
2 Four belt filter presses
3/4 (1) Two engine driven gener-
ator units, (2) Two engine
driven blower units, and
(3) Four multistage aeration
'...... air blowers.
5 Three mechanically cleaned
bar screens.
6 Dissolved air flotation
components.
Contracts 1/7/9 and Contract 8 are in progress and Contract 10/11 is
expected to be awarded in January of 1981. The specifications in earh
construction contract require a CPM submittal for each contractor's portion
V
Of'the work. The equipment purchase contracts were all awarded in the first
quarter of 1980.
The individual CPM schedules submitted by the contractor require review,
incorporation into a master CPM schedule and monthly updates.
CPM SERVICES
The Construction Manager shall provide CPM scheduling/cost control
services for the duration of the Encina Phase III Project in accordance with
the contract documents and including the following activities;
A. Provide overall project information to the prime construction
contractors during the preparation of their individual CPM logic
diagrams.
ATTACHMENT A2 - Page 2
W
ATTACHMENT A2
SCOPE OF WORK
B. Work with the prime contractors to achieve mutually acceptable
"time sequenced" and "cost loaded" activities on the CPM ,
diagram.
C. Provide a computer drafted CPM schedule for each prime contractor
on their individual portion of the work.
D. Provide a computer drafted master CPM schedule incorporating
the three construction contracts and the four equipment purchase
contracts.
E. Meet with the Owner monthly to review and update the CPM schedule
according to the actual progress on the job. The following
shall be reviewed:
1. Actual finish dates of completed activities.
2. Remaining duration cm planned activities in progress
and not yet started.
3. Impact of actual and potential change orders on the
CPM schedule.
4. Required revisions to the CPM schedule.
5. A monthly report prepared on the progress of the work
in relation to the CPM schedule including the indenti-
fication of problem areas, their impact on costs and
schedules and any corrective actions that should be
taken.
ATTACHMENT A2 - Page 3