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2014-11-04; City Council; 21775; Approval Agreement Arcadis for Vista/Carlsbad Intercepter Sewer Reaches VC11B 15, Agua Hedionda Sewer Lift Station Projects
CITY OF CARLSBAD - AGENDA BILL AB# 21.775 APPROVAL OF AGREEMENT WITH ARCADIS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VCllB - 15, AND THE AGUA HEDIONDA SEWER UFT STATION PROJECTS DEPT. DIRECTOR '^^^T^ DATE 11-04-14 APPROVAL OF AGREEMENT WITH ARCADIS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VCllB - 15, AND THE AGUA HEDIONDA SEWER UFT STATION PROJECTS CITY ATTY. (iy^ DEPT. PW-UTIL APPROVAL OF AGREEMENT WITH ARCADIS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VCllB - 15, AND THE AGUA HEDIONDA SEWER UFT STATION PROJECTS CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-257 approving the Professional Services Agreement with Arcadis for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches VCllB -15, and the Agua Hedionda Sewer Lift Station, Project Nos. 3492, 3886, and 3949. ITEM EXPLANATION: Proiect Background: The Vista/Carlsbad Interceptor Sewer System was originally constructed in 1965 and is jointly-owned by the City of Vista and the City of Carlsbad. The alignment, approximately eight miles in length within the City of Carlsbad, extends from just west of College Boulevard and Highway 78 to the Encina Water Pollution Control Facility (Encina). There are two sewer lift stations within the alignment, the Buena Vista Lift Station, and the Agua Hedionda Lift Station (Exhibit 2). Both are maintained and operated by the Encina Wastewater Authority through a joint agreement. The upper reaches of the Vista/Carlsbad Interceptor Sewer System from VCl through VCllA have been replaced or rehabilitated in recent years. Reaches VCllB to VC15, which include the Agua Hedionda Lift Station and the adjacent trestle bridge supporting the sewer line over and across the Agua Hedionda Lagoon, are in a state of declining condition and need to be replaced. Additionally, these facilities do not have the capacity to convey the ultimate sewer flows projected for the basin. The Agua Hedionda Lift Station is the City's largest sewer lift station and is located on the south shore area adjacent to the lagoon on property owned by NRG Energy. The remaining portion ofthe gravity sewer to Encina, approximately two miles in length, does not have adequate capacity to convey the future sewer flows that are anticipated. This reach of interceptor sewer has also been identified for replacement in Carlsbad's Sewer Master Plan to address the capacity deficit. DEPARTMENT CONTACT: Terry Smith 760-602-2765 terry.smith@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Agreement with Arcadis November 4, 2014 Page 2 of 3 Project Description: The project includes the replacement of the existing wood trestle bridge over the Agua Hedionda Lagoon with a new 140 foot long steel truss bridge to support the pipeline, construction of a new 33 million gallon per day sewage lift station located approximately 50 feet east of the current facility, and construction of a new parallel force main and gravity sewer to provide increased capacity and reliability to the sewer system. The new gravity sewer will be constructed within the right-of-way of Avenida Encinas and a portion of the new sewer will require installation by microtunneling. The new force main construction will utilize a combination of standard construction methods and Horizontal Directional Drilling to avoid utilities within Cannon Road and Avenida Encinas. The existing gravity sewer downstream ofthe lift station will continue to be utilized to convey a portion ofthe daily sewage flows from the new lift station and to maintain existing sewer connections south of Cannon Road. The new sewer bridge is being designed to accommodate the occasional maintenance vehicle and will be suitable for use by the Coastal Rail Trail as that project moves forward in the future. Aareement Description: City staff issued a Request for Proposal to seven (7) engineering firms in accordance with Carlsbad Municipal Code section 3.28.070 to provide construction management and inspection services for the Vista/Carlsbad Interceptor Sewer and Agua Hedionda Sewer Lift Station projects. The City received proposals from five (5) of the firms and the proposals were evaluated by a committee of design engineers and construction management personnel from the City of Carlsbad and the City of Vista. Based on the ranking from the selection committee, staff is recommending that the City execute a professional services agreement with Arcadis to provide construction management and inspection services for the projects. Carlsbad and Vista staff have negotiated a fair and reasonable fee for these services and staff is recommending that the Council approve the agreement with Arcadis for an amount not-to-exceed $3,314,039. The project is expected to bid in late 2014 or early 2015. FISCAL IMPACT: The fee for construction management and inspection services included in the Agreement with Arcadis is a not-to-exceed fee of $3,314,039. A summary of current and projected project costs is as follows: PROJECT COST SUMMARY FOR THE AGUA HEDIONDA SEWER UFT STATION AND V/C INTERCEPTOR SEWER REPLACEMENT PROJEa, REACHES VCllB - VC15 (PROJECT NOS. 3492, 3886, AND 3949) Studies, Environmental Compliance, Permits, Design Activities, Project Management, Easement Acquisition, Utility Relocation, (As of 6/30/14) $5,145,275 Encumbrances and Expenditures (From 7/1/2014 thru 10/17/2014) $357,729 Subtotal of Costs (Through Design) $5,503,004 Estimated Utility Relocation Cost (12" Gas Line) $1,400,000 Arcadis Agreement for Construction Management and Inspection $3,314,039 Other Construction Phase Costs (Engineering Support, Environ. Monitoring, etc.) $1,700,000 Estimated Construction Cost & Contingency $42,500,000 TOTAL ESTIMATED PROJECT COST $54,417,043 TOTAL APPROPRIATIONS TO DATE $54,730,000 ADDITIONAL APPROPRIATION REQUIRED $0 Agreement with Arcadis November 4, 2014 Page 3 of 3 Sufficient funds are currently available for the completion of the project. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within the existing ownership agreement between the two cities for operation and maintenance of the Vista/Carlsbad Interceptor Sewer System (65 percent City of Vista; 35 percent City ofCarlsbad). A project specific agreement has been prepared with the City of Vista to define the administrative procedures and payment schedule for expenses incurred during the planning and design phase of the project. A second project agreement is currently being prepared with the City of Vista to define the communication protocol and billing procedures to be used during construction. The total project construction cost is estimated to be $42.5-million and will be shared between the two cities according to ownership percentage, which is approximately 65 percent Vista and 35 percent Carlsbad; however, the actual cost share varies with each reach ofthe sewer. Carlsbad's share ofthe project is funded from the Sewer Connection Fee Fund. The City of Vista will be using State Revolving Funds to pay for their portion ofthe project. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project (PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03). The MND was adopted by the City Council on December 6, 2011, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. Furthermore, approval of an Agreement with Arcadis for professional services 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. PUBUC NOTIFICATION: None Required EXHIBITS: 1. Resolution No. 2014-257 approving the Professional Services Agreement with Arcadis for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches VCllB -15, and the Agua Hedionda Sewer Lift Station, Project Nos. 3492, 3886, and 3949. 2. Location Map 3. Agreement with Arcadis for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches VCllB -15, and the Agua Hedionda Sewer Lift Station. EXHIBIT 1 1 RESOLUTION NO. 2014-257 3 6 7 8 9 10 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS FOR CONSTRUCTION 4 MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VCllB-15, 5 AND THE AGUA HEDIONDA SEWER LIFT STATION, PROJECT NOS. 3492, 3886, AND 3949. 13 14 15 16 17 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to approve the agreement with Arcadis for construction management and inspection services for the Vista/Carlsbad Interceptor Sewer, Reaches VCllB 11 through 15, and the Agua Hedionda Sewer Lift Station; and 12 WHEREAS, Public Works staff solicited multiple proposals for professional engineering services consistent with Carlsbad Municipal Code Section 3.28.070; and WHEREAS, staff has reviewed and ranked the proposals and recommends Arcadis as the most qualified consultant forthe project; and WHEREAS, city staff and Arcadis have negotiated fees in an amount not-to-exceed 18 $3,314,039 to provide construction management and inspection services for the projects, as 19 described in the professional services agreement; and 20 WHEREAS, funds have been appropriated in the 2014-2015 Capital Improvement 21 Program from the Sewer Connection Fee Fund and sufficient funds are currently available; and 22 WHEREAS, Carlsbad will be reimbursed by the City of Vista for their portion of the 23 24 construction management and inspection fees as agreed to in an agreement titled, "Amended 25 and Restated Agreement for Ownership, Operation, and Maintenance of the Vista/Carlsbad 26 Interceptor Sewer, dated June 11, 2013 -i 1 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 Agreement with Arcadis in an amount not-to-exceed $3,314,039 for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, 9 10 11 12 13 3 4 5 6 7 Reaches VCllB through 15, and the Agua Hedionda Sewer Lift Station projects is approved and 8 the Mayor is hereby authorized and directed to execute said agreement. // // // // // 14 // 15 // 16 // 17 // 18 19 20 21 22 23 24 25 // // // // // // // // // 26 // 27 28 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 ofthe City of Carlsbad on the 11th day of November 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: ^ o ^ ;'A.^NGLESON^y Clerk LOCATION AP BUENA VISTA LIFT STATION VISTA METER STATION ENCINA WATER POLLUTION CONTROL FACILITY PROJECT NAME AGUA HEDIONDA LIFT STATION & VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B THROUGH VC15 PROJECT NUMBER 3492, 3886 & 3949 EXHIBIT DRAWN BY: SCOU EVANS: CARLSBAD UmfHES DEPT. 1/15/11 C: \U7;U7J£S DEPARJUENT\LOCAHON MAPS\AHLS & VCIIB-VCIS.DWG 1 i'j-BIT. UTI L1139 AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11 B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION PROJECT NO. 3949, 3492, 3886 (ARCADIS U.S., INC.) fHIS AGREEMENT is made and entered into as of the ^ day of (T^f^l kuuJ 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ARCADIS U.S. INC., a Delaware corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant engineer that is experienced in the construction management and inspection of pipelines and wastewater pumping stations. B. Contractor has the necessary experience in providing professional services and advice related to the construction management and inspection of pipelines, pump stations and appurtenant facilities. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term ofthis Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is 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 a not-to-exceed fee of three million three hundred fourteen thousand thirty nine dollars ($3,314,039) paid on a time and material basis. 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". City Attorney Approved Version 1/30/13 UTIL1139 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either 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 ofthis 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 attorney's 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 ofthis 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 with a surplus City Attorney Approved Version 1/30/13 UTIL1139 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 orthe general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's 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 ofthe 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 wili 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 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 1/30/13 lo UTIL1139 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. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS UCENSE 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 Cdntractor 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 Terry Smith Name Marvin Flynn Title Senior Engineer Titie Contract Manager Department Utilities Address 1525 Faraday Ave., Ste. 290 City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave. PhoneNo. 760-602-3840 Carlsbad, CA 92008 Email Marvin.Flynn@arcadis-us.com PhoneNo. 760-602-2765 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. 16. CONFUCT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 1/30/13 11 UTIL1139 17. GENERAL COMPUANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19- DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise 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 forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded 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 tennination, Contractor has five (5) business days to deliver any documents owned by City and ali 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 ofthe percentage ofwork 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 ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 ofthis Agreement. For breach or violation City Attorney Approveci Version 1/30/13 5 /2, UTIL1139 ofthis warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount 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 ofthe 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 seq., 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 junsdiction 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 ofthe 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 1/30/13 UTIL1139 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 CITY OF CARLSBAD, a municipal ARCADIS U.S. INC., a Delaware corporation of the State of Califomia corporation By: , , ^ ^ 1}{ By: / ^ 0 (sign here) Mavor (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON ^ City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant city Attorney City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California County oL^o^rA^ c^r^^V^Co On VQ XV 'XQV^ before n^«\ cv\a^vpM\C^f\f^ C\C^CCA. C^V^pN^ Qa,e Here Insert Name and Title of the OfficerV personally appeared Name(s) of Signers) >^^»» » » » • a • II n,. PAMELA KAHN V Commission # 2074034 t Notary Public - California i San Francisco County * My Comm. Expires Aug 3, 2018 who proved to me on the basis of satisfactory evidence to be the person'^s) whose nameV) is/are subscribed to the within instrument and acknowledged to me that he/sbe/tfciey executed the same in his/hef#>eir authorized capacity (iee), and that by his/heti'their signature]^ on the instrument the persorits), or the entity upon behalf of which the person^;^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caiifornia that the foregoing paragraph is true and correct. Place Notary Seal Atxwe WITNESSjny hand and officiai seai^ OPTIONAL Though the inlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document \ Title or Type of Document Document Date: . Num Pages Signer(s) Other Than Named Above; Capacity(ies) Claimed by Slgner(s) Signer's Name; U individual • Corporate Officer —Title(s); G Partner — • Limited • General • Attorney in l=act • Ti-ustee Cl Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRIMT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General LJ Attorney in Fact • Tl-ustee u Guardian or Conservator n Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Too of thumb here ©a007 National Notary Association. 9350 De Soto Ave,. RO.Box 2402 .Chalsworth. CA 91313-2402.www.NationalNotary.org Item #5907 Reorder, Call Toll-Free 1-800-876-6827 Secretary Certificate I, Gerard P. Cavaluzzi, Assistant Secretary of ARCADIS U.S., Inc. (the "Corporation"), do HEREBY CERTIFY and attest that the Corporation, in accordance with the bylaws of the Corporation, Resolution of the Board of Directors, and delegation ofthe Chief Executive Officer, has duly authorized and directed Jon Westervelt, in his capacity as Vice President of ARCADIS U.S., Inc., to execute and sign, on behalf of ARCADIS U.S., Inc., the City of Carlsbad Agreement for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11 B-l5, and the Aqua Hedionda Sewer Lift Station, Project No. 3949, 3492, 3886 and to affix the corporate seal on such documents, and his signature shall be legal and binding upon the corporation. STATE OF New York County of Westchester Assistant Secretary October 17,2014 ss. ) Personally appeared Gerard P. Cavaluzzi , Assistant Secretary of ARCADIS U.S., Inc. . signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said Corporation, before me. My Commission expires Mav 23, 2017 _Notary Public METTEB.CUFFEL Notary Public • State of New York No. 01CU6127240 Qualified in Westctiester County My Comm. Expires May 23, 2Qt7 EXHIBIT "A" SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and InspecUon Services (CIP Nos. 3886, 3492 and 3949) Taslc 100 - Project Management Under this task ARCADIS will provided overall project management under the direction of our Contract Manager, including budget and schedule control, sub-consultant management, project documentation, progress meetings and quality assurance/quality control as defined by the following sub-tasks. Task 1.1.1- Track Project Progress and Schedule Under this sub-task ARCADIS will tailor our internal "project management" (PM) computer based budget and labor effort tracking system, and will submit monthly invoices to the City in accordance with the City's requirements. The monthly invoices will identify the following "task-by-task" information, and will be in the same format as invoices submitted for the Constructability Review which was done under separate contract with the City. • Budget Amount • Amount Previously Billed • Current Invoice Amount • Amount Billed to Date • Amount Remaining • % Budget Expended to Date • % Work Completed to Date Task 1.1.2 - Sub Consultant Management Under this sub-task ARCADIS will develop and execute agreements with our sub- consultants, will process sub-consultant Invoices, and will help coordinate sub-consultant efforts associated with the Construction Management and Inspections Services. Task 1.1,3 - Project Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" document filing system for overall project management efforts under task IOO, will maintain project documents and will distribute project documents to intemal and extemal project team G:\Projects\3472 - Carlsbad_Vlsta Agua HedlondaVSOW AniJ Fee Proposal\AH • REVISED SOW 10-14-14.Docx members as deemed appropriate by our Contract Manager, our Construction Manager, and the City's Project Manager. Task 1.1.4 - Progress Meetings Under this task ARCADIS will coordinate with the City and will actively participate in a "kick-ofP' meeting following a Notice-to-Proceed. Thereafter, monthly progress meetings will be conducted with the City by our Contract Manager and Construction Manager. These meetings will focus on review of project status and budgets and will be independent of weekly construction progress meetings to be conducted with the City and the Construction Contractor by our Construction Manager under Task 300. Task 1.1.5 - Quality Assurance/Quality Control Under this task ARCADIS will engage and consult with our Quality Consultant on an "as-needed" basis during construction to help mitigate and resolve construction issues as they arise. Task 200 - Bid Phase Assistance Under this task ARCADIS will provide bid phase assistance to the City as defined in the following sub-tasks. Task 2.1.1 - Pre Bid Construction Conference Underthis sub-task ARCADIS will attend and participate in the pre-bid conference with the City and the Design Engineer. Our Construction Manager will assist the City and the Design Engineer in responding to questions and highlighting critical elements of the construction to the perspective bidders. Task 2.1.2 - Responding Bidder's Questions Underthis sub-task ARCADIS will assist the City and the Design Engineer in fielding and responding to question from perspective bidders during the bid period. Our primary role under this sub-task will be to log and track responses to questions and to review responses from the City and Design Engineer prior to the issuance of responses when requested to do so by the City. The Design Engineer will be responsible for responding to all questions related to the Design Drawings and Specifications. Task 2.1.3 - Addendum Under this sub-task ARCADIS assist the City and the Design Engineer in issuing addendums during the bid period. Our primary role under this sub-task wili be to log and track addendums and to review addendums from the City and Design Engineer prior to G:\ProJects\3472 - Carlsbad.Vista Agua Hedlonda\SOW And Fee Proposal\AH - REVISED SOW 10-14-14.Docx 2 the issuance of addendums when requested to do so by the City. The Design Engineer will take the lead on assisting the City with Addendums. Task2,1.4-Bid Review Under this sub-task, ARCADIS will assist the City and the Design Engineer in evaluating bids to help determine the most responsible and responsive bidder. Task 2.1.5 - Conformed Contract Documents Under this sub-task, ARCADIS will review Conformed Contract Documents prepared by the Design Engineer to reflect addendums issued during the bid period. Task 2.1.6 - Front End Documents Under this sub-task, ARCADIS will review Front End Documents (General Provisions, and Supplemental Provisions) and provide comments. ARCADIS will coordinate and attend meetings as required. Task 300 - Construction Ptiase Services Under this task ARCADIS will provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3.1.1- Preconstruction Conference Underthis sub-task ARCADIS coordinate and facilitate the preconstruction conference activities as follows. Schedule Conference and Send Notification ARCADIS will schedule and notify all appropriate parties of the date, time and location of the preconstruction conference and will include the conference agenda in the notification package. The agenda will be submitted to the City for review and input prior to issuing the notification package. Conduct Preconstruction Conference ARCADIS will conduct and chair this conference that will include overall project objectives, roles and responsibilities, key submittal requirements (schedule of values, CPM schedules, submittal schedules), and administrative procedures related to submittal processing, RFI processing, progress payments, shutdown and tie-in requests, change order processing, permit requirements and notifications, document control requirements, and other pertinent topics. In order to facilitate this conference and to provide all conference attendees with a concise summary of the above requirements is suggested that the City have us prepare a Construction Procedures Manual prior to the meeting. 6;\Pro)ects\3472 - Carlsbad.Vista Agua Hedlonda\SOW And Fee Proposal\AH - REVISED SOW 10-14-14.Docx Prepare Constmction Procedures Manual A Constmction Procedures Manual will be prepared to provide all parties with a concise summary of the key procedural and administrative requirements defined in the City's Bidding and Contract Documents. Task 3.1.2 - Construction Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" document filing system for our constmction management efforts under task 300; will maintain project documents and will distribute project documents to internal and external project team members as deemed appropriate by our Constmction Manager and the City's Project Manager. Our Constmction 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 intermptions, and all other project correspondence. Our 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 constmction 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. Implement Web-Based Data Management Svstem The project documents require the Contractor to provide and manage a web-based document control system capable of sending, receiving, retrieving and responding to Contractor submittals, RFIs, RFDs, change orders, etc; and tracking documents, their pertinent information and their status at any time, as well as their relationship to other project documents. There are a number of customiaable software programs that are specifically designed to help manage construction projects. ARCADIS has experience with many of these available systems and will work with the Contractor in selecting a system containing features which are best suited for the project to control, distribute and manage all project documents. G:\ProJect5\3472 - Carlsbad_Vlsta Agua Hedlonda\SOW And Fee Proposal\AH • REVISEO SOW 10-14-14.Doa( 4 Task 3.1.3 - Photo Documentation Under this sub-task our Construction Manager and pipeline Resident Engineer 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 roads to document and clearly depict pre-existing conditions. Our Construction Manager and Resident Engineers will prepare additional videotape and/or photographs to document site conditions as required to supplement the Contractor's videotape. Our Construction Manager and pipeline Resident Engineer will take and develop constmction 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 Constmction Manager will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 3.1.4 - Construction Progress Meetings Construction progress meetings will be conducted as required per the Contract Documents. Our Constmction Manager and other team members, 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/workshops with the Construction Contractor. Task 3.1.5 - Critical Path Method Schedule Reviews Under this sub-task ARCADIS will review and comment on the Contractor's baseline CPM schedule for compliance with the contract requirements relative to overall schedule, interim milestones, phasing of construction and coordination of tie-in and shut down activities. Subsequent to review and approval of the baseline schedule, ARCADIS will review and comment on the Contractor's monthly CPM scheduie updates. Task 3.1.6 - Shop Drawings and Submittal Reviews Under this sub-task ARCADIS will receive, log, distribute, monitor and track shop drawings and submittals made by the Constmction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADIS will review all submittals for completeness and general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the Design Engineer. G:\ProJects\3472 • Carlsbad_Vlsta Agua HedlondaVSOW And Fee Proposal\AH - REVISED SOW 10-14-14.DOCX 5 ARCADIS will receive, log, distribute and track all project submittals and responses; review and respond to our assigned project submittals; and coordinate reviews for all project submittals assigned to the Design Engineer. The anticipated assignment of submittals for review by ARCADIS and the Design Engineer is identified in Attachment "A" hereto. Task 3.1.7 - Plans and Specifications Interpretation Under this sub-task ARCADIS will receive, log, distribute, monitor and track all RFIs submitted by the Construction Contractor. ARCADIS will coordinate, as needed, with the Design Team for interpretation of the Contract Documents where appropriate and will respond to all RFIs in a timely manner and within a time frame to be specified in the Contract Documents. ARCADIS will review and process RFIs that do not, in our opinion, alter the design intent; and will coordinate with the Design Engineer for responding to ali RFl's that might alter the design intent. Task 3.1.8 - Constmction Inspection Services and Materials Testing Under this sub-task ARCADIS will provide full time constmction inspection over the course of the project; will coordinate materials testing required of the Construction Contractor; and will provide inspections and testing services not required ofthe Constmction Contractor but required to confirm compliance with the requirements of the Contract Documents. Factory, Performance and Acceptance testing will be provided by the Design engineer. Task 3.1.9 - Progress Payments Approximately five days prior to the submittal of the payment appiication our Construction Manager will walk the project with the contractor's field personnel and agree on a percent complete of the work. The Construction Manager will ensure during the initial schedule cost loading that the constmction activities are fairly spread throughout the project and not allow fi-ont end loading. Payments on material arriving early on the project will be allowed to be billed with proper invoice backup from the manufacturer or supplier. Once the payment application percent complete is approved, our Construction Manager will request that the contractor complete the payment application with required backup and will review it with the City for approval. Our Constmction Manager will discuss prerequisites to a complete payment application with the City prior to the start of the project. These prerequisites could include: - Monthly Schedule Update with Current Status - Material Invoices for Material On Hand But Not Installed e:\ProJects\3472 • Carl5bad_Vtsta Agua Hedlonda\SOW And Fee ProposalVAH • REVISED SOW 10-14-14.Docx 6 - OfFSite Billed Material with Bill of Sale to Contractor and Proper Insurance for Stored Location Updated As-Built Documentation - Up To Date SWPPP Documentation - Up To Date Regulatory Reports Task 3.2.1 - Contractor Claims and Change Orders Under this sub-task our 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 altematives; 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. - All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Constmction Manager prior to Constmction Manager responding to Potential Change Order (PCO's) or Change Order Requests (COR's). Processing a Disputed Change Order Prior to processing a disputed change order our Construction Manager will exhaust all reasonable remedies for resolving the dispute with the Contractor. ARCADIS' 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 City's constmction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, ARCADIS 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, ARCADIS will ensure that ail viable options for field resolution have been exhausted. G.'\Pro)e<n$\3472 - Carlsbad.Vlsta Agua Hedlonda\SOW And Fee Proposal\AH • REVISED SOW 10-14-14.Docx Use Established Cost Manuals For most projects we recommend requiring an established estimating guide such as MEANS within the Contract Documents to establish labor productivity rates so that factor in negotiations is taken off the table. Utilize Time and Material Procedures Particularly for items of indefinite quantity where a Contractor will want to price in contingency on a lump sum proposal, it may be more effective to utilize the time and material procedures outline in the General Conditions to resolve the disputed item. This may be a means to resolve a dispute when merit for change is acknowledged. Meet and Confer If after field personnel have met at least a couple of times on the issue and both parties have done their due diligence to establish their factual position (independent cost estimates, material supplier quotes, etc.), the issue would need to be elevated to the executive management of the Contractor, ARCADIS and the City. A formal Meet and Confer conference would be established on site to discuss the issue. Task 3.2.2 - Litigation Support (Optional Task) ARCADIS will provide as an Optional Task, the lead role and support to the City in resolving claims and disputes that potentially go to litigation including, written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, and/or coordinating design services for replacement of damaged work and services made necessary if Contractor defaults. Task 3.2.3 - Start-Up Coordination Under this sub-task ARCADIS will assist the City and Design Engineer in review of start-up and testing plans, and project commissioning plans for compliance with the requirements of the Contract Documents; and will oversee and document the Contractor's start-up, testing and commissioning activities. Task 3.2.4 - Manufacture Training Under this sub-task ARCADIS will assist the City and Design Engineer in review manufacturer training plans required per the Contract Documents and will proctor the training to confirm compliance with approved training plans. The Constmction Manager will coordinate the video recording the training sessions for future use and training of new City personnel. G:\Proiects\3472 - Carlsbad_Vlsta Agua Hedionda\SOW And Fee Proposal\AH - REVISED SOW 10-14-14.Docx 8 Task 3.2.5 - Record Drawings Under this sub-task our Construction Manager, Resident Engineers and/or Lead Inspectors will review the Contractor's "red-line" as-built drawings on a monthly basis to confirm the Contractor has meet the prerequisite requirement for progress payments as identified under Task 3.1.9. Subsequent to production of Record Drawings by the Design Engineer, ARCADIS will review the Record Drawings for accuracy relative to the "red-line" as-built drawings provided to the Design Engineer. Task 3.2.6 - Public Relations and Traffic Under this sub-task ARCADIS will coordinate with the public and with the Contractorto inform the public constmction activities that will impact the community. We suggest the City of Carlsbad secure and engage the services of a public relations firm to develop and administer a focused public outreach program. Task 400 - Project Closeout Under this task ARCADIS will provide the following services for project closeout and final acceptance by the City. Task4.1.1 -Punchlists Under this sub-task ARCADIS will coordinate construction close-out by working with the Contractor in developing preliminary and final punchlists to finalize each item ofwork not yet signed off, and will conduct a final walk-thm on each project element prior to recommending final acceptance by the City. Task 4.1.2 - Project Closeout Report Under this sub-task ARCADIS will provide the City a detailed closeout report for each project element. This narrative will encompass the project from start to completion, including the initial and final schedules, the initial and final budgets, photographs documenting the progress of the work, and a final change order report. Arcadis will provide the city with a complete package of all electronic and paper files at the conclusion of the Project. Task 500 - Allowance Services Beyond Contract Duration (2 montiis) Under this task ARCADIS will continue to provide Constmction Management Services on a monthly basis if the Constmction Contract is extended beyond the proposed 24 month period. 6:\ProJects\3472 - Carlsbad_Vlsta Agua Hedlonda\SOW And Fee Proposal\AH - REVISED SOW 10-14-W.DoQi 9 City ofCarlsbad Agua Hedionda Project Cost Proposal Summary Task No. Description Total 100 Project Management $ 147,416 00111 Track Project Progress and Schedule $ 13,444 PM Set-up PM Updates Monthly Invoices 00112 Sub Consultant Management $ 15,168 Sub Consultant Agreements Sub Consultant invoices Sub Consultant Coordination 00113 Project Management Documentation $ 86,512 File Set-up Document Filing and Control 00114 Progress Meetings $ 9,800 00115 QA/QC $ 22,492 200 Bid Phase Assistance $54,534 00211 Pre-Bid Conference $ 3,230 00212 Respond to Bidder's Questions $ 10,735 00213 Addendum Assistance $ 10,166 00214 Bid Review Assistance $ 1,999 00215 Review Confromed Contract Documents $ 3,339 00216 Review Front End Documents $ 25,065 300 Construction Phase Services $2,999,260 00311 Pre-Constrcution Conference $ 4,383 00312 Construction Management Documentation $ 38,480 00313 Photo Documentation $ 12,864 00314 Construction Progress Meetings $ 17,154 00315 CPM Schedule Reviews $ 58,850 00316 Shop Drawing/Submittal Processing/Review $ 60,446 00317 RFI/RFD Processing/Review $ 58,330 00318 Inspection and Testing $ 2,650,910 00319 Progress Payment Processing/Review $ 9,000 00321 Change Order/Claims Processing/Review $ 23,216 00323 Start-Up Assistance/Coordination $ 27,760 00324 Proctor Manufacturer Training $ 13,640 00325 Record Drawings Review/Approval $ 8,260 00326 Public Relations & Traffic $ 15,966 400 Project Closeout $ 20,244 00411 Punchlist Development and Tracking $ 7,000 00412 Project Closeout Report $ 13,244 500 Allowance Services Beyond Contract Duration $ 92,585 Totai $ 3,314,039 10 ~ -v s g ^ X frZ o "SB |2 11 I? 18 ^ ARCADIS Infrastructure, environment, buildings ARCADIS U.S., inc. 1525 FaradayAvenue Suite 290 October 15, 2014 carisbad California 92008 Mr. Terry Smith, Senior Engineer ™ 76o 602 asoo f^^l 1 Fax 760 602 3838 City of Carlsbad Utilities Department - Engineering Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: Revised Proposal for Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Managemenl and Inspection Services (CIP Nos. 3886, 3492 and 3949) Dear Mr. Smith, ARCADIS is pleased to submit this revised proposal to provide the Construction Management and Inspection Services in accordance with the requirements specified in your Request for Proposal and the subsequent ARCADIS proposal dated June 14,2012 for the subject project. REVISIONS TO ARCADIS JUNE 14,2012 PROPOSAL This revised proposal incorporates changes to reflect the following. 1. Our original proposal included the Constructability Review effort which was subsequently done under a separate contract with the City. Therefore, the efforts and costs associated with the Constructability Review now need to be deleted fi'om the labor efforts and costs tliat were included in our original proposal dated Jime 14,2012. 2. Re-structuring of the Construction Contract to a single construction contract versus the multiple construction contracts identified in the RFP and used to develop our proposal dated June 2012 precipitates our need to re-allocate hours for our on-site Constmction Management, Resident Engineering and Inspection staff This reallocation of hours was developed by our Contact Manager, Constmction Manager and Resident Engineer. 3. Escalation of costs to a new mid-point of constmction based on an anticipated NTP with construction in January 2013 identified in the RFP and used to develop our proposal dated June 2012 versus the currently anticipated NTP with constmction in mid-January 2015 precipitates our need to escalate our cost proposal for Construction Management and Inspection Services. The requested escalation is based on an annual rate of 3%. 4. Due to the changes which occurred when multiple construction contracts were restructured into a single contract, we moditied the role of two of the project staff, as follows: G:\ProJects\3472 - Carlsbad_Vista Agua Hedionda\SOW and Fee Proposal\AH - ARCADIS Proposal Letter 10-15-14.docx Page 1 of 2 a. Mark Sullivan will assume the role ofProject Constmction Manager. Mark will also act as the Resident Engineer on the pipeline work. b. Franz Schauer will act as the Resident Engineer on the pump station and bridge portions of the project. The project hours have been re-calculated to account for this change. 5. Additional underground pipeline inspection services were added to ensure quality assurance of the pipeline portion of the Project. SCOPE OF WORK The attached Scope of Work, Exhibit "A", including task-by-task labor efforts, define the scope of our Constraction Management proposal. The scope of work remains identical to that included in our Jtme 14,2012 Proposal with the exception of reallocation of staff hours as identified under Item 2 above. However, this revised proposal includes the identification of sub-tasks imder each main task included in our June 14,2012 Proposal to better track and control our labor efforts and expenditures. COST PROPOSAL The attached Cost Proposal spreadsheet identifies our task-by-task labor efforts/fees for the ARCADIS team members and sub-consultants, and other direct costs (including onsite soils and materials testing) for the Construction Management and Inspection Services for the currently anticipated 24 month constraction project. Our total estimated cost for this project is $3,314,039. We are prepared to undertake and complete this project under a lump sum contract basis or under a "not-to-exceed" time and materials contract basis. We have also estimated an average monthly cost of $46,000 for constraction management, resident engineering and inspection services that should be set aside as an "allowance" should the duration of constraction be greater than the currently anticipated 24 month constraction period. Thank you for the opportunity to submit this proposal and we look forward with enthusiasm to initiating these efforts and to continuing to work with the City on this project. If you have any questions regarding our proposal or if you want us to present this proposal to the Cities of Carlsbad and Vista please contact Franz Schauer at 760-880-0014. Sincerely, ARCADIS U.S, Inc. Marvin Flynn Franz Schauer Mark SulHvan Contract Manager ResidentNEngineer Constraction Manager G:\Projects\3472 - Carlsbad_Vista Agua Hedionda\SOW And Fee Proposal\AH - ARCADIS Proposal Letter 10-15-14.Docx Page 2 of 2 (Sl ARCADIA Infrastructure, environment buildings ARCADIS U.S., Inc. 1525 Faraday Avenue Suite 290 Carlsbad Califomia 92008 Tel 760 602 3800 Fax 760 602 3838 October 15, 2014 Mr. Terry Smith, Senior Engineer City of Carlsbad Utihties Department - Engineering Division 1635 Faraday Avenue Carlsbad, CA 92008 Cc: Mark Biskup Cost Proposal Rate Confirmation Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Dear Mr. Smith, The rates shown on the detailed Cost Proposal will remain effective through the calendar year of 2016. Rates are as follows: ARCADIS Marvin Flynn Contract Manager $172 Franz Schauer Resident Engineer $175 Jon Westervelt Project Officer $198 Glenn Suchor PS/Pipeline Inspector $135 Richard Norco Scheduler $140 JefifSokol Electrical $195 Kenny Smith I&C $160 Liezl Sobejana Document Control $50 Subconsultant/Client Rep Cost Control $75 SUBCONSULTANTS Mark Sullivan Constraction Manager $140 H-M Tunnel Consultant $190 SCST Materials Testing $60 MJS Pipeline and PW Inspector $100 Dudek Pipeline/Tunnel Inspector $130 For your records, Franz Sc] Reside] g:\projects\3' uer gineer r1sbad_vlsta agua hedlonda\sow and fee proposal\cost proposal rate CMnfirmation 10-15-14,doc ^ CARLSBAD CITY or VISTA <S ARCADIS I jntt i^AniLtiiie, environment, buildings ORGANIZATION CHART Vista/Carlsbad Interceptor Sewer and Agua Hedionda Lift Station Replacement Project Construction Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) > CARLSBAD PROJECT MANAGER QA-QC/CONTRACT MANAGER MARVIN FLYNN CONSTRUCTION MANAGER MAlKSUiUVAM PUMP STATION FRANZ SCEAUiE RESIDENT ENGINEER ASST. CONSTRUCTION MANAGER GLEN SUCHOR ASST.RESIDENT ENGINEER LEAD INSPECTOR PIPELINES MARK SULLIVAN RESIDENT ENGINEER MJS DUDEK PIPELINE INSPECTOR SCHEDULE REVIEW RICHARD NORCO INSTRUMENTATION & CONTROLS KENNY SMITH ELECTRICAL lEFFSOKOL ARCHITECTURAL MARVIN FLYNN TECHNICAL SUPPORT STRUCTURAL ARTHUR SERATA BRIDGE CONSTRUCTION GLEN SUCHOR DUDEK SPECIALTY INSPECTION DUDEK SOILS AND CONCRETE SCST PIPELINE INSPECTION DUDEK JACOBS CONSTRUCTIBILITY REVIEW DUDEK