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HomeMy WebLinkAbout2013-01-08; City Council; 21083; Contract Home Plant Sewer Lift Project No 5509CITY OF CARLSBAD - AGENDA BILL 21,083 AWARD OF CONSTRUCTION CONTRACT AND AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE HOME PLANT SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 5509 DEPT. DIRECTOR^j^ MTG. 1/8/2013 AWARD OF CONSTRUCTION CONTRACT AND AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE HOME PLANT SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 5509 CITY ATTORNEY jg^^ DEPT. UTIL AWARD OF CONSTRUCTION CONTRACT AND AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE HOME PLANT SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 5509 CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2013-003 awarding a construction contract to NEWest Construction Company Inc., and authorization for execution of a professional service agreement with Dudek for construction management and inspection for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509. ITEM EXPLANATION: The Home Plant Lift Station is located at Carlsbad Boulevard near State Street as shown on Exhibit 1. The project includes improvements to the facility that will enhance operational efficiency and reliability of the station. The new station is designed to eliminate pump clogging, as well as grease and sand buildup, provide odor control and improve the ventilation diminishing the corrosive impacts caused by hazardous sewer gasses. The new station will also include an emergency wastewater storage structure, improved electrical and control systems along with a new force main. Portions of the existing lift station will remain and be integrated into the new more robust facility. The station's existing force main will also remain, and in combination with the new force main provide system redundancy and operational flexibility. The existing wet/drywell structure will be retrofitted into an emergency wastewater storage structure supplementing the new emergency storage structure and the existing emergency generator building will remain to house a new generator which meets current industry and regulatory requirements. Bidding for Construction Contract: On August 8, 2012, through Resolution No. 2012-194, Agenda Bill No. 20,980, Council approved plans and specifications and authorized the advertisement for bids for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509. The engineer's estimate for construction is $2,675,000. On November 14, 2012, six (6) sealed bids were received for the construction of this project which is summarized in the table below: Contractor Name City/State Bid Amount 1) HPS Mechanical Bakersfield, CA $2,398,950 2) NEWest Construction Company San Diego, CA $2,563,828 3) Schuler Engineering Corona, CA $2,631,187 4) TC Construction Santee, CA $2,876,868 5) G2K Construction Encino, CA $3,194,972 6) SCW Contracting Fallbrook, CA $4,305,611 DEPARTMENT CONTACT: Mark Biskup, (760) 602-2763, mark.biskup(a)carlsbadca.qov FOR CITY CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 Two bid protest letters have been received and these letters are attached as Exhibit 2. The first letter from NEWest Construction Company, Inc. (NEWest), dated November 14, 2012, was received two days following the bid opening stating objections to the award of contract to the apparent low bidder stating the apparent low bidder provided more than one instrumentation and controls systems supplier certification letter. The bid protest letter elaborated that specification section 13300 ofthe contract documents, requires that the complete control system shall be furnished by a single supplier who shall assume responsibility for the satisfactory performance of the complete system and that the Contractor shall Include with his proposal the certification only for the system provider for whom he has inserted a price in the bidding documents. The letter then states the bid therefore does not conform to the requirements of the Notice Inviting Bids and provided an unfair competitive advantage over the other bidders including the potential for bid shopping which is not allowed per State of California Public Contract Code. The second letter submitted by HPS Mechanical, Inc (HPS), dated December 3, 2012 recognized the error of submitting two instrumentation and controls system supplier certification letters, and states that there was no unfair advantage over other bidders. The letter also protested the second low bidder, pointing out that the dollar amount of bid item number 17 was only shown as number figures and not written in words. As bid item number 17 was a fixed number provided by the city, the cited omission is immaterial. The letter also protests the third low bidder identifying an error in their bid documents. Staff has reviewed all bid packages and has considered the arguments and requests in the bid protest letters. The apparent low bidder provided certifications for two instrumentation and control suppliers when specification section 13300 stipulated that only one supplier certification letter was to be submitted for whom they have obtained a price for the bidding documents. The Notice Inviting Bids clearly references the requirements of specification section 13300. By submitting the name of two suppliers, the contractor has the opportunity to bid shop giving an unfair advantage over other bidders. Staff recommends that Council find that the apparent low bidder, HPS Mechanical, Inc., is nonresponsive. The second low bidder, NEWest, failed to have its bid bond properly notarized. The City Attorney's office has reviewed the bond and determined that it is still enforceable, therefore staff recommends that Council find that the error be deemed inconsequential as it does not affect the amount of the bid or give NEWest an advantage over the other bidders. In consideration of the above, staff recommends awarding the contract to the second lowest responsive bidder, NEWest Construction Company, Inc., forthe total bid amount of $2,563,828. Construction Management and Inspection Services: On May 25, 2012, staff sent out a request for proposals to eight firms qualified to provide the required construction management and inspection services. On June 19, 2012, the City received six (6) proposals which included the following fimris: KEH and Associates, Dudek, Infrastructure Engineering Corporation, Harris and Associates, Krieger and Stewart and Psomas. The qualifications and proposals of the six firms were reviewed by a selection committee comprised of staff members from the Utility Departments Engineering Division and Transportation Department's Construction Management and Inspection Division. All firms referenced have experience in construction management and inspection for wastewater lift stations and pipeline construction. After review of the proposals the committee recommends the firm of Dudek as the most qualified consultant for this project. ENVIRONMENTAL IMPACT: This project is exempt from California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15302(c) - replacement of an existing utility system on the same site involving negligible or no expansion of capacity. A Notice of Exemption was filed with the San Diego County Clerk on May 7, 2012. Furthermore, approval of an agreement with Dudek for construction management and inspection sen/ices is exempt from the requirements of CEQA pursuant to Public Resources Code Section 21065. This action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Page 3 FISCAL IMPACT: The following table shows the project cost summary. PROJECT COST SUMMARY FOR THE HOME PLANT LIFT STATION PROJECT (PROJECT NO. 5509) DESIGN AND ENVIRONMENTAL PHASE Engineering and Environmental Services and Staff Overhead $610,480 Easement Acquisition $56,000 DESIGN & ENVIRONMENTAL PHASE SUBTOTAL $666,480 CONSTRUCTION PHASE Construction (NEWest Construction Company Contract) $2,563,828 Construction Contingency $360,000 Construction Management and Inspection (Dudek Agreement) $266,285 Engineering Design Support for Construction Phase Sen/ices and Staff Overhead $100,000 CONSTRUCTION PHASE SUBTOTAL $3,290,113 TOTAL PROJECT COST $3,956,593 CURRENT APPROPRIATION $4,139,000 Based on current estimates, there are sufficient appropriations from the Sewer Replacement Fund for the construction of the Home Plant Sewer Lift Station and Force Main. The funding source for this project is not subject to State or Federal restrictions regarding prevailing wage. Therefore, pursuant to Carlsbad Municipal Code Section 3.28.130, the payment of prevailing wages is not required for the construction of this project. EXHIBITS: 1. Location Map. 2. Protest Letters 3. Resolution No. 2013-003 award of construction contract to NEWest Construction Company and authorization for execution of an agreement with Dudek for construction management and inspection sen/ices for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509. 4. Professional Sen/ice Agreement with Dudek for Construction Management and Inspection Sen/ices for the Home Plant Lift Station and Force Main Replacement, Project No. 5509. 3 LOCATION MAP SITE NOT TO SCALE PACIFIC OCEAN VICINITY MAP PROJECT NAME HOME PLANT LIFT STATION AND FORCE MAIN REPLACEMENT PROJECT NUMBER 5509 EXHIBIT / mm Bn SCm EVm CARLSBAD ENONEEmi DB*T. W/OeAl C:\CAPITM.\f.OCAmN IMPS\5^.DWS EXHIBIT 2 Llc.#847555 7847 Dunbrook Road Suite C San Diego. CA 92126 Ph. 858-537-0774 Fax 858-537-9653 November 16,2012 Mr.MarkBiski^ City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Fax 5^^760-602-8562 Re.: cinSrs^oT ^"^^ ^ ^""'"^ ^™ Replacement Bid No. PWS13-12UTIL Dear Mr. Biskup, non-responsive. TTiis the c«e of fte app^tTw biS' '^^'^ bid is Me, which «)uld result in bidroSSSs^lSif^.^'*^ * Contract Code 4100-4114. snoppmg is not allowed m accordance with Public 6 November 16,2012 - _ Mr. Mark Biskup Page 2 Furthermore, by having multiple certifications the appareat low bidder gained an unfair competitive advantage over the other bidders, including NEWest, who complied with the bid requirements and submitted only a single system supplier. Since the apparent low bidder did not take the time to submit only a single system supplier, tliey could have additional time to adjust its bid as the bid deadlitie approached. It does not matter if the low bidder did gain the time advantage it is the mere opportunity ofthe advantage. This opportumty was not available to the other bidders that followed the requirement and thus makes fhe apparent low bidders failure to comply with the bid solicitation a material deviation, which the City caimot waive. We request that no award be made on tliis project until we have ample time to review the rejection from the City, if any, and respond accordingly. We believe that our bid meets the contract requiiements and we are &e low responsive bidder for this project. An award ofthe conlract to any bidder besides NEWest Construction would violate CaUfomia Government Code standards and practices applicable to competitive bidding on public works projects. ' Tf you have any questions please feel 13:ee to contact me at 858-537-0774, Sincerely, MarkJeanettc President 3 December 2012 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Kevin L. Davis, Sr. Contract Administrator VIA FACSIMILE {7<50) 602-8562 & U.S. Mail SUBJECT: *"'Homeplant Sewer Station & I'orcemaini Replacement", BidN.l>WS14-l2UTlL LOCATION: Citv of Carlsbad HI Mr. Kevin Davis, HPS believes thai our bid is still good and that the cily can wave llie inadvertent error lhat we attached two instrumentation and controls certitlcaiions. Wlien the city called about it, we .stated we arc using ACME. Tlie inslrumeniation and controls contractor (A(^MF) IN a sub-contractor of our electrical sub-contractor Southern Contracting. We would not be able lo "bid shop" since they aic a 2'"* tier sub-contractor and would not have an advantege over the other bidders. HPS Mechanical, Inc. hereby formally prote.«?ts the 2"'' place bidder (NKWst construction) as they did nol have Ihe unit price writlen out for Line 17. HPS Mechanical, Inc. also formally protests the 3"" place bidder (Schuler Engineering) as they did not have several unil price line items filled out and also had both ACME'S and Tesco's certificaiions attached. In tliis regard, MPS requests that our bid be found responsive and awarded tiie project. RciJpeclfuliy, -J--- Lcfs.X3bnHcrdeii' President CAI.fC793Q14 ' RO BOX63B6 - BAKERSFiaO.CA^)3S86 > (661)3§7'^1£l www. hpi5mft(»".?if iisJis: cn.'n ".A Tt mMm oi {{•:??• jciiisncf? Sir)o« 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARD OF CONTRACT TO NEWEST CONSTRUCTION COMPANY AND AUTHORIZATION OF EXECUTION OF AN AGREEMENT FOR THE HOME PLANT SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 5509. WHEREAS, the existing Home Plant Lift Station has reached the end of its useful life with multiple facility deficiencies which negatively impact the station's reliability resulting in extensive ongoing maintenance; and WHEREAS, on October 8, 2012, through the adoption of Resolution No. 2012-194, the Carlsbad City Council approved plans and specifications, authorized the City Clerk to advertise to receive bids for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509; and WHEREAS, six (6) sealed bids were received on November 14, 2012, by the City of Carlsbad for the construction of this project; and WHEREAS, the apparent low bidder, HPS Mechanical, did not comply with requirements of the Notice Inviting Bids by submitting the name of two instrument and control suppliers when the bid instructions specifically required only one, giving it an unfair advantage over the other bidders in allowing the contractor to bid shop; and WHEREAS, the lowest responsive and responsible bid was submitted by NEWest Construction Company, Inc. in the amount of $2,563,828; and WHEREAS, the bid bond from NEWest Construction Company, Inc. was improperly notarized; and WHEREAS, the City Attorney has reviewed the bond and determined that it is still enforceable, and WHEREAS, the Utility Department - Engineering Division solicited proposals from eight (8) consulting firms and received a total of six (6) proposals for construction management and inspection services for this project; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, subsequent to review of the proposals, staff determined Dudek as the most qualified consultant for construction management and inspection services for this project; and WHEREAS, after negotiating scope and fees, staff recommends Dudek to provide construction management and inspection services for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509 for an amount not-to-exceed $266,285 be approved; and WHEREAS, funds have been appropriated from the Sewer Replacement Fund and are sufficient for the completion of this project; and WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15302(c) in that it is a replacement of an existing utility system on the same site involving negligible or no expansion of capacity; and WHEREAS, A Notice of Exemption was filed with the San Diego County Clerk on May 7, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the HPS Mechanical bid is a nonresponsive bid; and is precluded from award of a contract; 3. That the error by NEWest Construction Company, Inc. in notarizing the bid bond is inconsequential as it does not change the amount of the bid and acceptance of the bid bond does not give the bidder an unfair advantage. 4. That the bid in the amount of $2,563,828 submitted by NEWest Construction Company, Inc., for the construction of the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509, is accepted and the Mayor is hereby authorized to execute a contract with NEWest Construction Company, Inc. 5. The City Manager is hereby authorized to approve construction change orders up to $360,000. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the agreement with Dudek for construction management and inspection services for the Home Plant Sewer Lift Station and Force Main Replacement, Project No. 5509, with a total amount of said agreement not-to-exceed $266,285 is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 8^^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT KALL, Mayor ATTEST: sjistant City Clerk UTIL965 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 'Jar\UCl.rU 20 /3 . by and between the CITY OF CARLSBAD, a municipal corporation, ("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 services for construction 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 station. 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 sen/ices (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 two (2) years 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 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%) 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". City Attomey Approved Version 2/17/12 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 entitted. 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 directly 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 City Attorney Approved Version 2/17/12 1-^ 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 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 Liabilitv. 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 City Attorney Approved Version 2/17/12 IS 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 resen/es 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 Carlsbad 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 clearly 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 Carlsbad Encinitas, CA 92024 Address 1635 Faraday Avenue Phone No. 760-942-5147 Carlsbad, 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. City Attorney Approved Version 2/17/12 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 Carlsbad 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 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 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 othen^/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 fon/varded 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/varded 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 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 City Attorney Approved Version 2/17/12 payable under this Agreement. City will make the final determination 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 of the 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 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. City Attorney Approved Version 2/17/12 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 DUDEK, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) Dudek Frank Dudek (print namp'tigs^ident By: ATTEST: (prinTname/title) City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Assistant City Attorney City Attorney Approved Version 2/17/12 DUDEK MAiK or* r ,:%C!Ni!'IAS. CAlir-Of^NiA ^>20;4 November 19, 2012 Mr. Mark Biskup City of Carlsbad Utilities Department - Engineering Division 1635 Faraday Avenue Carlsbad, 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.DUDgK.COH 11 E SCOPE OF WORK - REVISED II-I9-I2 TASK I PRECONSTRUCTION SERVICES Task 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 Task 2.1: 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 Meetings 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: Shop 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 HOPE 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: Electrical 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 23 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 3^ 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 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 o?7 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 6 $135 $810 HDD Inspector | 2 $110 $220 Rockwell Construction 2 $145 $290 $1,320 Task 1 Total $9,420 1 1 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 Constmction 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 j 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 j 80 $110 $8,800 Rockwell Construction 100 $145 $14,500 $124,550 Task 2.8 Progress Payments Constmction Manager 14 $135 $1,890 $1,890 Task 2.9 Contractor's Claim and Change Orders Construction Manager 80 $135 $10,800 r $10,800 Task 2.10 Geotechnical and Materials Testing (Optional) | | Task Deleted per City Request 0 $0 $0 Direct Costs $1,000 Task 2 Total $240,065 1 Task 3: Proiect Close Out j 1 Hours Rate Cost Construction Manager 60 $135 $8,100 Rockwell Construction 60 $145 $8,700 $16,800 Task 3 Total $16,800 ••••••i :t Total AO Constmction Duration 300 Working Days Subconsulant rates and proposal include 15% mark up. DUDEK