HomeMy WebLinkAbout2005-03-22; City Council; 18041; As-Needed Construction Management/Inspection/Testing Simon Wong Engineering Inc Testing Engineers San Diego IncLE# 18,041
Simon Wong Engineering, Inc.
ITG. 3/22/05 -
Current 1 Proposed
$600,000 I $800,000
PEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE:
APPROVAL OF AMENDMENTS TO PROFESSIONAL
SERVICE AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING (SIMON WONG ENGINEERING, INC. AND TESTING ENGINEERS - SAN DIEGO, INC.)
DEPT.HD. ck
CITY ATTY. 6w
CITY MGR-
RECOMMENDED ACTION: Adopt Resolution No. 2005-088 approving amendments to professional service agreements for as-needed construction management, inspection, and materials testing with Simon Wong Engineering, Inc. and Testing Engineers - San Diego, Inc.
ITEM EXPLANATION: With the current levels of public and private construction activity within the City, it is desirable to support and augment City staff with outside professional services to provide construction management, inspection, and materials testing on an as-needed basis. The City currently has three firms under contract that provide these services. The existing contracts with Simon Wong Engineering, Inc. and Testing Engineers - San Diego, Inc. are insufficient to provide the required level of service and need to be amended to increase the authorized contract limit.
FISCAL IMPACT: The current and proposed maximum amounts payable by the City to each consultant during any fiscal year are shown on the following table. Funding for these services is included in the
Engineering Department Operating Budget or the City’s Capital Improvement Program, and is
subject to Council approval and the availability of appropriations.
PROFESSIONAL SE GREEMENTS FOR AS-
NEEDED CONSTR MANAGEMENT AND
INSPECTION SERVICES AND AS-NEEDED MATERIALS
TESTING AND INSPECTION SERVICES
Testina Enaineers - San Dieao. Inc. I $250,000 I $400,000
Total I $850,000 I $1,200,000
EXHIBITS: 1. City Council of the City of Carlsbad, Resolution No. 2005-088 approving amendments to professional service agreements for as-needed construction management, inspection, and materials testing with Simon Wong Engineering, Inc. and Testing Engineers - San Diego, Inc.
2. Amendment No. 2 to Agreement for as-needed construction management and inspection services (Simon Wong Engineering, Inc.).
3. Amendment No. 3 to Agreement for as-needed materials testing and inspection services (Testing Engineers - San Diego, Inc.).
DEPARTMENT CONTACT: Skip Hammann, (760) 602-2780 x 78321, shamm@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO PROFESSIONAL SEVICE
INSPECTION, AND MATERIALS TESTING WITH SIMON WONG ENGINEERING, AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT,
INC. AND TESTING ENGINEERS - SAN DIEGO. INC.
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for
;onstruction management, inspection and materials testing consultant services by the Department
If Public Works for construction projects within the City on an ongoing, as-needed basis in order
:o maintain service levels; and
WHEREAS, the Department of Public Works solicited, received and reviewed Statements
If Qualifications for as-needed professional services for construction management, inspection
md materials testing consistent with Carlsbad Municipal Code section 3.28.070; and
WHEREAS, subsequent to a review of the Statements of Qualifications, staff
*ecommends Simon Wong Engineering, Inc. and Testing Engineers - San Diego, Inc. as the most
qualified consultants; and
WHEREAS, expenditures for these professional services are available and included in the
5gineering Department operating budget or the City’s capital improvement program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Salifornia, as follows:
1. That the above recitations are true and correct.
2. That amendment No. 2 to agreement dated May 6, 2004 with Simon Wong
- rngineering, Inc. and amendment No. 3 to the agreement dated February 2, 2004 with Testing
ingineers - San Diego, Inc., are hereby approved.
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3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
he amendment to agreements with Simon Wong Engineering, Inc. and Testing Engineers - San
liego, Inc. for, and on behalf of, the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 22nd day of MARCH , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
4TTEST wopaue,*u
-0RRAINE M. UOOD, City Clerk ’ 8 (SEAL)
3
AMENDMENT NO. 2 To AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES
(SIMON WONG ENGINEERING INC.)
his Amendment No. 2 is entered into and effective as of the /A& day of
, 2005, amending the agreement dated May 6, 2004 (the "Agreement")
Engineering, Inc., ("Contractor") (collectively, the "Parties") for as-needed construction
management and inspection services.
of Carlsbad, a municipal corporation, ("City"), and Simon Wong
A. On June IO, 2004, the Parties executedAmendment No. 1 to theAgreement to extend
the agreement for a period of one year ending on June 30,2005; and
B. The Parties desire to alter the Agreement's scope of work to increase the yearly
allowable amount by $200,000, for a tot4 yearly allowable amount of $800,000; and
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A'.
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed eight hundred thousand
dollars ($800,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval by
City.
3. Contractor will complete all work described in Exhibit "A by June 30,
2005.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and efect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
1
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of thisAmendment.
Q (sign here)
ATTEST:
k&k.&&,&&. &pz&j
LORRAINE M. WOOW
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. **Group 6.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-president CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the oMcer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney n
BY
AMENDMENT NO. 2 TO AGREEMENT FOR AS-NEEDED CONSTRUCTION MANAGEMENTAND INSPECTION SERVICES
2
City Attorney Approved Version #05.22.01
(SIMON WONG ENGINEERING INC.)
Son Diego Countv
My Comm. Expires Mar 28,2007
REV. 02l14l2005
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~'~~~crct*~~~~~'~~~~'~~~~~~~G~~~~~~~~~4~~~~~'~~~,~~~'~~~~'~~'4~~
State ol California
County of
On
personally appeared - proved to me on the basis of saiisfactory
evtdence
lo be the person(s) whose name(s) dare
subscribed to the within instrument and
acknowledged to me that hekk/they executed
the same in lttsCkerJtheir authorized
capacity(ies), and that by b&b&their
signature(s) on the instrument the person(s), or 4 person(s) 4
OPTIONAL
Jliouyh flie ir~hffn.ifiof~ bebw IS no1 required by law rl may prove valuable fo persons relymg on flip doc-uriicnf ,ind I oufd prcvenf
lraudulenl removal and reattachmen1 of lhrs form lo another documenf
Description of Attached
Title or Type of Document
Document Date Number of Pages
Signer(s) Other Than Named Above __ -
Capacity(ies) Claimed by Signer
Signer's Name - - - - - - - - I_- .- - -- -
Individual
Corporate Officer - Title(s)
Partner Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator 3
I b
;I
> Other
I
1 Signer Is Representing 1
'A Y.< P<".C, TX, *'.cu.<
.*a 2 (A )'(Is ~ll~'*ww $I
EXHIBIT “A”
SCOPE OF SERVICES
LIST OF SERVICES PROVIDED BY SWE FIELD PERSONNEL
1. Construction ManagemenVQuality Assurance/Contract
Administration
SWE Inspectors and Construction Engineers will perform project management and
inspection services for the following types of projects, including (but not limited
to):
Roadway Construction
Bridge Construction
Mass Grading Projects
Large Residential Development Projects
Water and Reclaimed Water Pipeline Construction
Sanitary Sewer Construction
Pump Stations
Drainage Construction
Stormwater and Water Pollution Prevention Measures
Traffic Signal Improvements
Parks & Recreational Facilities
2. Community Relations
SW E Inspectors and Construction Engineers will respond to citizen concerns and complaints
by listening respectfully, and making a timely effort to resolve the issue at a project
level. In the unlikely situation that a quick solution can’t occur at the site, the City’s
Construction Manager will be notified, and SWE staff will take direction on how to
proceed. If a certain project requires special public education or handling, either prior to
or during construction, we can procure the services of public relations firms such as
Katz and Associates.
REV. Q3l23I2QO5
3. Cost Control
SWE construction staff will always strive to be a good steward of the City of Carlsbad’s
resources. We will be a strong advocate for the City on Capital projects, and ensure
that the City is getting the product it is paying for, and never being taken advantage of.
As far as our bookkeeping and invoicing practices are concerned, we strive for integrity
and accuracy. Our invoices to the City will be generated from the hours as stated on
our field personnel’s approved time sheets, and checked for accuracy before being
signed by the Project Manager.
4. Claims Defense and Resolution
Our construction staff possesses years of experience working on heavy civil public
projects. They are trained to provide excellent documentation to support the City in
claims defense, and solve problems as they come up, at the lowest level possible.
SWE can offer expert construction engineering and scheduling analysis, on an as-
needed basis, in the event a project is getting out of hand and the City needs to battle
construction claims. We also maintain a working relationship with Pinnacle One, one of
the leading scheduling and construction claims firms in the region.
5. Ancillary Services
As stated in our previously submitted proposal, SWE will support the City of Carlsbad in
any situation. We can also facilitate the procurement of any specialty service that we
don’t provide in-house. Listed below are services that we can provide on an as-needed
basis:
1. Engineering Design - SWE is one of the most respected structural and bridge
design firms in the San Diego region. Providing these design services for
transportation, water and wastewater, facilities, and other types of projects has
provided SWE teaming opportunities with the leading civil engineering, architectural,
and geotechnical firms in the region. These relationships can be implemented for
City of Carlsbad projects as-needed. These firms include, but are not limited to,
Rick Engineering, PDC, and O’Day Consulting.
2. Materials Testing and Special Inspection - SWE performs on multiple as-needed
inspection contracts, as well as direct construction management contracts. We
have established teaming relationships with numerous geotechnical engineering
firms, both large and small, that provide engineering analysis, materials testing and
City Attorney Approved Version ## 05.22.01
4
special inspection services. These firms include, but are not limited to, G-Force,
Ninyo and Moore, Mactec, and Corpro.
3. Other Specialty Work - SWE will bring in specialty firms on an as-needed basis to
provide dive services, vibration and noise monitoring, and environmental monitoring
and coordination. These firms include, but are not limited to, Marine Interface,
Investigative Science and Engineering, and BRG Consulting.
HOURLY CHARGES
AS-NEEDED SERVICES PROJECT MANAGER $1 10.00
RESIDENT ENGINEER (REG.) $95.00
STRUCTURES REPRESENTATIVE (REG.) $95.00
ENGINEERING INSPECTOR (CAPITAL) $88.00
ENGINEERING INSPECTOR (NON PREVAILING WAGE)$78.00
CLERICAL $54.50
Hourly charges include provisions for normal overhead costs such as fringe benefits,
insurance, clerical services, equipment, normal supplies and materials. Field personnel
are equipped with work trucks, cell phonehadios and basic hand tools. For other
personnel on interim assignments, mileage shall be reimbursed at a rate of $0.365 per
mile. All other direct costs shall be reimbursed.
Simon Wong Engineering rates will increase annually in July at a rate equal to the San
Diego region Consumer Price Index. Inspection personnel working on capital projects
will require rate increases based on the prevailing wage mandated wage and benefit
increases.
Simon Wong Engineering will add a 5% charge to all sub-consultant billing, to recover
costs incurred for record keeping, invoicing and other overhead costs, and additionally
insured costs.
City Attorney Approved Version # 05.22.01
5
AMENDMENT NO. 3 TO AGREEMENT FOR AS-NEEDED MATERIALS TESTING AND
INSPECTION SERVICES
(TESTING ENGINEERS - SAN DIEGO, INC.)
No. 3 is entered into and effective as of the
, 2005, amending the agreement dated February 2, 2004 (the
Engineers - San Diego, Inc., ("Contractor") (collectively, the "Parties") for as-needed materials testing and inspection services.
/& day of
the City of Carlsbad, a municipal corporation, ("City"), and Testing
RECITALS
A. On June 4, 2004, the Parties executed Amendment No. I to the Agreement to extend
the Agreement for a period of one (1) year, expiring on June 30, 2005; and
B. On January IO, 2005, the Parties executed Amendment No. 2 to the Agreement to
increase the yearly fees by $50,000 for a total yearly allowable amount of $250,000; and
C. The Parties desire to alter the Agreement's scope of work to increase the yearly fees
by an additional $1 50,000, for a total yearly allowable amount of $400,000; and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A', Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed four hundred thousand
dollars ($400,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval by
City.
3. Contractor will complete all work described in Exhibit "A" by June 30,
2005.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
1
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*By: mSL h
(sign here)
(print name/title)
~~lo~borcLtor/ e$. COM
(e-mail address)
73m.m
MUL. baron. e ATTEST:
City Clerk f- (sigrf here) -
MCEO (print namefiitle) d#%zz/PK3 T. s -7
Mf+bL,- 0 f& -6m
(e-mai I address)
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
AMENDMENT NO. 3 TO AGREEMENT FOR AS-NEEDED MATERIALS TESTING AND INSPECTION SERVICES (TESTING ENGINEERS - SAN DIEGO, INC.)
City Attorney Approved Version #05.22.01
2
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EXHIBIT “A”
SCOPE OF SERVICES AND FEE
PROFESSIONAL ENGINEERING STAFF Principal Engineer Project Engineer / Geologist / Architect Staff Engineer / Geologist / Architect
INSPECTION SERVICES & QUALITY CONTROL & QUALITY ASSURANCE
Independent Quality Assurance Sampler & Tester Soil Technician includes nuclear gauge or mobile laboratory
Registered Special Inspector (concrete, masonry, welding, post
ACI Technician I Field Technician Senior Construction Inspector Associate Construction Inspector Construction Inspector
Includes a cell or mobile phone and a laptop computer.
tensioned concrete, piles, fireproofing)
NON-DESTRUCTIVE TESTING SERVICES
Nondestructive Testing Inspector (ultrasonic, magnetic particle, dye penetrate)
SPECIAL SERVICES Anchor Pull Tests - up to 30 tons Batch Plant Inspector Coring / Sawing Operator & Equipment Reinforcing Steel Location
SUPPORT SERVICES Pickup/Delivery (per trip within San Diego County) Processing Prevailing Wage Payroll (per week)
Hourly Rate
$122.10 $94.35 $72.15
$94.35 $72.71
$68.27
$68.27
$88.80
$83.25 $77.70
$72.71
$72.71
$68.27
$101.57
$77.70
$33.30 $27.75
AMENDMENT NO. 3 TO AGREEMENT FOR AS-NEEDED MATERIALS TESTING AND INSPECTION SERVICES (TESTING ENGINEERS - SAN DIEGO, INC.)
City Attorney Approved Version # 05.22.01
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA 1
*
COUNTY OF s-9 ,ekv 1
on 3-15-05 before me, JLIt e+\ c
-
DATE NAME, TITLE OF OFFICER - E G. , "JANE DOE, NdARY PUBLIC"
Personally aPwa=4 '-i;5c( p oh) 9 MAewo 0 ea
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) mQare subscribed to the within instrument and acknowledged to me
thatddWthey executed the same in €l?#'h%/their authorized capacity(ies), and that by
-/their signature@) on the instrument the person(s), or the entity upon behalf of which
the person@) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
THIS OPTIONAL WORMATION SECTlON IS NUT REQUlR6D BY LAW BUT MAY SF! BENWKIAL TO PERSONS RELYING OH 7HIS NOTARIZE0 muMIwT
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMW NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME SIGNER'S NAME
I