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HomeMy WebLinkAbout2018-05-22; City Council; ; Amendment No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services, and Amendment No. 13 to the ProfessionCA Review tr!> @ CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: May 22, 2018 Mayor and City Council Kevin Crawford, City Manager John Maashoff, Public Works Manager John.maashoff@carlsbadca.gov or 760-434-2980 Babaq Taj, Engineering Manager Babaq .taj@carlsbadca.gov or 760-602-4676 Terry Smith, Engineering Manager t erry.smith@carlsbadca.gov or 760-603-7354 Amendment No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services, and Amendment No. 13 to the Professional Services Agreement with Brown and Caldwell, Inc. for design engineering and construction support services, all for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches VC11B-VC15 project. Recommended Action Adopt a Resolution authorizing execution of Amendment No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services, and the execution of Amendment No. 13 to the Professional Services Agreement with Brown and Caldwell, Inc. for design engineering and construction support services, all for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches VC11B-VC15, Project Nos. 3492, 3886 and 3949. Executive Summary The Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches VC11B - VC15, Project Nos. 3492, 3886, and 3949 (Project) is a joint sewer project with the City of Carlsbad and the City of Vista that is currently under construction. The Project schedule needs to be adjusted requiring amendments to two Professional Services Agreements (Agreements) related to the construction of the Project. City Council authorization is required to amend an Agreement that exceeds $100,000 unless the Agreement includes provisions that delegate that authority to the city manager and in this case both of these Agreements do not include such provisions. The agreements to be amended are as follows: 1) The Professional Services Agreement with Arcadis U.S., Inc. to provide construction management services as well as environmental monitoring and reporting services for the Project. May 22, 2018 Item #5 Page 1 of 28 2) The Professional Services Agreement with Brown and Caldwell, Inc. to provide design engineering, which includes engineering support during construction. Discussion The Vista Carlsbad Interceptor Sewer was constructed in the early 1960's and extends approximately 8 miles northeasterly from the Encina Water Pollution Control Facility to the City of Vista. The interceptor sewer is identified as pipeline Reaches VCl through VC15 and includes the Buena Vista and Agua Hedionda lift stations. The subject Project replaces the existing facilities with larger pipes and pumps to increase sewer capacity and improve reliability within the lower portion of the Vista Carlsbad Interceptor Sewer system. The entire Project is located in the City of Carlsbad, beginning at the north shore of the Agua Hedionda Lagoon and extending southerly a distance of approximately 2.3 miles to the Encina Water Pollution Control Facility. Construction commenced in February 2016, with an estimated completion date of August 2017. During the course of construction of the new pump station, the construction contractor encountered several unforeseen and changed conditions that increased the cost and delayed progress, including soil contamination that required special handling, work plan delays w ith North County Transit District, and environmental mitigation delays due to the sensitive pump station location. Professional Services Agreement with Arcadis U.S., Inc. On Nov. 11, 2014 the Carlsbad City Council adopted Resolution No. 2014-257, approving a Professional Services Agreement with Arcadis U.S., Inc. to provide construction management and inspection services as well as environmental monitoring and reporting for the Project. The proposed Amendment No. 4 to this agreement will increase the compensation by an amount not to exceed $300,000 so Arcadis U.S., Inc. can provide the construction management and inspection services through Project completion. The new total not-to-exceed amount will be $5,081,320. Professional Services Agreement with Brown and Caldwell, Inc. On June 10, 2008 the Carlsbad City Council adopted Resolution No. 2008-164, approving a Professional Services Agreement with Brown and Caldwell, Inc. to provide engineering design services, which was subsequently amended to include construction support services. The agreement for these services is nearing the end of the contract term and therefore it is necessary to amend the agreement to extend the term of the agreement and to increase the compensation by an amount not to exceed $155,000 so Brown and Caldwell, Inc. can provide the construction support services through Project completion. The new total not-to-exceed amount of the agreement will be $5,314,988. Fiscal Analysis All Project related costs will be shared between the City of Carlsbad and the City of Vista as described within the Project Agreement. The City of Vista is responsible for approximately 65 May 22, 2018 Item #5 Page 2 of 28 percent of the costs related to the Project and is using State Revolving Funds to pay for its portion of the Project. Carlsbad's share ofthe Project is funded from the Sewer Connection Fee Fund. As noted in the tables below sufficient funds are currently available for the completion of the Project. Professional Services Agreements with Arcadis U.S., Inc. and with Brown and Caldwell, Inc. The original Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services was for an amount not-to-exceed $3,314,039. Amendment Nos. 1 through 3 increased the total not-to-exceed amount by $1,467,281 which made the total amount of the agreement an amount not to exceed $4,781,320. Amendment No. 4 increases the total compensation by an amount not to exceed an additional $300,000, for a revised total not to exceed $5,081,320. The original Professional Services Agreement with Brown and Caldwell, Inc. to provide design services was for an amount not to exceed $2,382,281. Amendment Nos. 1 through 12 which included the addition of construction support services, increased the total not-to-exceed amount by $2,777,707 which made the total amount of the agreement $5,159,988. Amendment No. 13 provides for an additional $155,000, for a revised total not-to-exceed $5,314,988. A summary of current and projected Project costs is shown in the table below: AGUA HEDIONDA SEWER LIFT STATION AND VISTA CARLSBAD INTERCEPTOR SEWER, REACHES VCllB -VC15, PROJECT NOS. 3492, 3886, AND 3949 Current Appropriation $60,380,000 Current Expenditures/Encumbrances $57,948,330 TOTAL AVAILABLE $2,431,670 ADDITIONAL PROJECT COSTS Arcadis U.S., Inc. -Amendment No. 4 $300,000 Brown and Caldwell, Inc. -Amendment No. 13 $155,000 TOTAL ESTIMATED ADDITIONAL PROJECT COSTS $455,000 REMAINING BALANCE $1,976,670 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps The execution of the amended Professional Services Agreements will facilitate the construction of the Project through completion, which is projected for the summer of 2018. Environmental Evaluation (CEQA) 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(()/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 Dec. 6, 2011, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. May 22, 2018 Item #5 Page 3 of 28 Approvals of the Professional Services Agreement with Arcadis U.S., Inc. and the Professional Services Agreement with Brown and Caldwell, Inc. are 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. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. 2. Location Map. May 22, 2018 Item #5 Page 4 of 28 RESOLUTION NO. 2018-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS U.S., INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND THE EXECUTION OF AMENDMENT NO. 13 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BROWN AND CALDWELL, INC. FOR DESIGN ENGINEERING AND CONSTRUCTION SUPPORT SERVICES, ALL FOR THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA CARLSBAD INTERCEPTOR SEWER, REACHES VC11B-VC15, PROJECT NOS. 3492, 3886, AND 3949. EXHIBIT I WHEREAS, on Nov. 4, 2014, City Council approved a Professional Services Agreement with Arcadis U.S., Inc. for an amount not to exceed $3,314,039 for construction management and inspection services for the Project by adoption of Resolution No. 2014-257; and WHEREAS, three subsequent amendments to the Professional Services Agreement with Arcadis U.S., Inc. have been executed in the amount of $1,467,281; and · WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city to execute Amendment No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services; and WHEREAS, city staff and Arcadis U.S., Inc. have negotiated fees for an amount not to exceed $300,000 to provide the additional construction management and inspection services, as described in · Amendment No. 4 to the Professional Services Agreement; and WHEREAS, on June 10, 2008, City Council approved a Professional Services Agreement with Brown and Caldwell, Inc. for an amount not to exceed $2,382,281 for engineering design services for the Project by adoption of Resolution No. 2008-164; and WHEREAS, 12 subsequent amendments to the Professional Services Agreement with Brown and Caldwell, Inc. have been executed in the amount of $2,777,707; and WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city to execute Amendment No. 13 to the Professional Services Agreement with Brown and Caldwell, Inc. for engineering design and construction support services; and May 22, 2018 Item #5 Page 5 of 28 EXHIBIT I WHEREAS, city staff and Brown and Caldwell, Inc. have negotiated fees for an amount not to exceed $155,000 to provide the additional engineering design and construction support services, as described in Amendment No. 13 to the Professional Services Agreement; and WHEREAS, sufficient funds have been appropriated for the Project in the Capital Improvement Program from the Sewer Connection Fee Fund; and WHEREAS, the City of Carlsbad will be reimbursed by the City of Vista for its portion of the additional costs in accordance with the Project Agreement as approved by City Council Resolution No. 2015-039, and as amended as needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the mayor of the City of Carlsbad is authorized and directed to execute Amendment No. 4 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches VCllB -VClS, Project Nos. 3492, 3886, and 3949, which is attached hereto as Attachment A. 3. That the mayor of the City of Carlsbad is authorized and directed to execute Amendment No. 13 to the Agreement with Brown & Caldwell, Inc. for design engineering and construction support services for the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, Reaches VCllB-VClS, Project Nos. 3492, 3886, and 3949, which is attached hereto as Attachment B. May 22, 2018 Item #5 Page 6 of 28 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of May, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) ,,,1111,,,, '' SBA 11 ,, \... D ,, -.' ~ ········ C .,,.. _ ........ CJ~---·· u~v~··--.i"< ... ., ::' •... "-.,.,,-l-·, .... ~::. :: '4. :,. . -:· ~ ' ~: 0 ::: •. 0 : ... ,,·,· ·',,..: ;:o -=>-~ . ,.,.. ;~::: \;-;·----.. :0:.:·.:.~---·· .... ~---; .. ~,,, ' * , .,..::~ ,,,,,ift\\\,,-."' May 22, 2018 Item #5 Page 7 of 28 • UTIL1139 AMENDMENT NO. 4 TO 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 3949, 3492, 3886 ARCADIS U.S., INC. ~ndment No. 4 is entered into and effective as of the 2.L\ ~ day of ---~.......,_---"--__..__ _______ , 2018, amending the agreement dated November 4, 2014 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Arcadis U.S., Inc., ("Contractor") (collectively, the "Parties") for Construction Management and Inspection Services for the Vista/Carlsbad Interceptor Sewer, Reaches 11 B-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. On May 19, 2015, the Parties executed Amendment No. 1 to the Agreement to add Environmental Mitigation Monitoring Support during project construction; and B. On January 12, 2017, the Parties executed Amendment No. 2 to the Agreement to alter the Agreement's scope of work to include additional Environmental Monitoring; and C. On September 13, 2017, the Parties executed Amendment No. 3 to the Agreement to alter the Agreement's scope of work to include additional Environmental Monitoring; and D. The Parties desire to alter the Agreement's scope of work to provide Construction Management and Inspection Services; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by November 3, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 May 22, 2018 Item #5 Page 8 of 28 By~~-~ (sign here) B \ ~ t\v\ . ±:\-o~ ).\~ . (print nfrnehitle) ATTEST: Barbara Engles n ~(.~ s 11,:0: .. f City Clerk UTIL 1139 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: CELIA A. BREWER, City Attorney BY: ~.,!{7);,... Deputy City Attorney 2 of 10 May 22, 2018 Item #5 Page 9 of 28 EXHIBIT "'A" SCOPE OF WORK AND TECHNICAL APPROACH Vista/Carlsbad Interceptor Sewer and Agua I-ledionda Lift Station Replacement Project Constructfon Management and Inspection Services (CIP Nos. 3886, 3492 and 3949) Task 100 -Project Management UTIL 1139 Under this tasl~ 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 effmts 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 cff01ts under task 100, will maintain project documents and will distribute project documents to internal and external project team 3 of 10 May 22, 2018 Item #5 Page 10 of 28 UTIL1139 members as deemed appropriate by our Contl'act 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-off" 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. l .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 300 -Constl'uction Phase Services Under this task ARCADIS will provide construction management, resident engineering and inspection services as define in the following sub-tasks. Task 3.1.2-Construction Management Documentation Under this sub-task ARCADIS will establish our electronic and "hard copy" docqment filing system for our construction 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 om Construction Manager and the City's Project Manager. Our 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 correspondence. Our Constructiou Manager will prepare three copies of the monthly progress repi:nt 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. Implement Web-Based Data Management System 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, RFls, 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 customizable software programs that are specifically designed to help manage construction projects. ARCADIS has experience with many of these available systems 4 of 10 May 22, 2018 Item #5 Page 11 of 28 UTIL 1139 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. 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 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 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-taskARCADIS 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 Contrnctor's monthly CPM schedule 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 Construction Contractor, and coordinate the review of shop drawings and submittals with the City and the Design Engineer where appropriate. ARCADJS 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. 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 ARCAD1S 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 5 of 10 May 22, 2018 Item #5 Page 12 of 28 UTIL 1139 of the Contract Documents where appropriate and will respond to all RF Is 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 all RFI's that might alter the design intent. Task 3.1.8 -Construction Inspection Services and Materials Testing Under this sub-task ARCADIS will provide full time construction 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 of the Construction 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 application 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 construction activities are fairly spread throughout the project and not allow front 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 Construction 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 Off Site Billed Material with Bill of Sale to Contractor and Proper Insurance Location Updated As-Built Documentation Up To Date SWPPP Documentation Up To Date Regulatory Rep01ts Task 3.2.1 -Contractor Claims and Change Orders Under this sub-task our Constrnction Manager will: for Stored Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders. Negotiate alJ claims to an agreed contract/consultant/City conclusion. Submit change orde1·s 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 cha6.ge orders that require design modifications or clarifications, including revisions lo drawings, details and specifications. Resolve claims, extra work and change orders for changes to the work and obtain City 6 of 10 May 22, 2018 Item #5 Page 13 of 28 UTIL 1139 approval. All Change Orders affecting or changing the design intent will be coordinated with the Design Engineer. The Design Engineer will provide input to Construction Manager prior to Construction 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 construction 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 all viable options for field resolution have been exhausted. 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 7 of 10 May 22, 2018 Item #5 Page 14 of 28 UTIL 1139 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 Construction Manager will coordinate the video recording the training sessions for fi.rture· use and training of new City personnel. 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, ARCADJS wiJI 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 Contractor to inform the public construction 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. Task 4.1.1 -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 of work not yet signed off, and will conduct a final walk-thru 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 rep011 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. 8 of 10 May 22, 2018 Item #5 Page 15 of 28 Task No. 100 00111 00112 00113 00114 00115 300 00312 00313 00314 00315 00316 00317 00318 00319 00321 00323 00324 00325 00326 400 00411 00412 City of Carlsbad Agua Hedionda Project CostProposalSuJnJnary Description Project Management Track Project Progress and Schedule PM Updates Monthly Invoices Sub Consultant Management Sub Consultant Agreements/Amendments Sub Consultant Invoices Sub Consultant Coordination Project Management Documentation Document Filing and Control Progress Meetings QA/QC Construction Phase Services Construction Management Documentation Photo Documentation Construction Progress Meetings CPM Schedule Reviews Shop Drawing/Submittal Processing/Review RFI/RFD Processing/Review Inspection and Testing Progress Payment Processing/Review Change Order/Claims Processing/Review Start-Up Assistance/Coordination Proctor Manufacturer Training Record Drawings Review/Approval Public Relations & Traffic Project Closeout Punchlist Development and Tracking Project Closeout Report 9 of 10 UTIL 1139 Total $ 95,878 $ $ $ $ $ $ 201,291 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0 $ $ Total $ 297,169 May 22, 2018 Item #5 Page 16 of 28 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Total Billing Rate Sub Total Schedule Pipeline I Street Work Commissioning LDs and Claim Support (25% of Mark Sullivan's time) Demo I Final Site Project Management - Franz Schauer 173 173 173 173 692.00 $ 188.00 $ 130,096.00 Jon Westervelt 0.00 $ 198.00 $ - Rick Farr 8 8 8 8 8 8 8 56.00 $ 188.00 $ 10,528.00 Admin (Celia) 130 130 130 130 130 130 130 910.00 $ 59.40 $ 54,054.00 Admin (Janet) 8 8 8 8 8 8 8 56.00 $ 75.00 $ 4,200.00 I Construction Phase Services Anthony Dazzo 173 173 173 519.00 $ 150.00 $ 77,850.00 Kenny Smith (l&C) 40 40 40 40 160.00 $ 160.00 $ 25,600.00 SUBS Mark Sullivan (MJS) CM 75% and 25% for LDs and Claim support 173 173 173 173 173 173 173 1211.00 $ 151.20 $ 183,103.20 RCS (Jim Hudson) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 SCST $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Environmental Services Paleo (Brian F Smith & Assoc) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Biological (Balk) $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 3,000.00 Cultural (555) $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 25,000.00 $ 25,000.00 Miscellaneous Costs $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 Cash Flow Budget Remaining thru 3/25/18 $ 306,262.00 Monthly Expenditures $ 139,857.60 $ 139,857.60 $ 124,857.60 $ 82,907.60 $ 43,983.60 $ 35,983.60 $ 35,983.60 $ 603,431.20 Remaining Budget $ 166,404.40 $ 26,546.80 $ (98,310.80) $ (181,218.40) $ (225,202.00) $ (261,185.60) $ (297,169.20) 5/1/2018 May 22, 2018 Item #5 Page 17 of 28 PWENG643 AMENDMENT NO. 13 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES 11B-15, AND THE AGUA HEDIONDA SEWER LIFT STATION BROWN AND CALDWELL This Amendment No. 13 is entered into and effective as of the 2-4:ffl day of _....,L_.;:;,._-4-___ , 2018, extending and amending the agreement dated June 10, 2008 (the "Agreement" by and between the City of Carlsbad, a municipal corporation, ("City"), and Brown and Caldwell, a private employee-owned company, ("Contractor") (collectively, the "Parties") for professional engineering services for the design of the Vista/Carlsbad Interceptor Sewer, Reaches 11B-15 and the Agua Hedionda Sewer Lift Station. RECITALS A. On November 30, 2009, the Parties executed Amendment No. 1 to the Agreement to provide additional engineering studies and design services and B. On May 28, 2010, the Parties executed Amendment No. 2 to the Agreement to extend it for one (1) additional year; and C. On February 23, 2011, the Parties executed Amendment No. 3 to the Agreement to provide additional design services, permit assistance and environmental surveys; and D. On June 22, 2011, the Parties executed Amendment No. 4 to the Agreement to extend it for one ( 1) additional year; and E. On December 8, 2011, the Parties executed Amendment No. 5 to the Agreement to provide additional design services and assistance with easement acquisition; and F. On May 9, 2012, the Parties executed Amendment No.6 to the Agreement to provide additional design services and extend the Agreement for a period of three (3) additional years with all work to be completed by June 9, 2015; and G. On March 13, 2013, the Parties executed Amendment No. 7 to the Agreement to provide additional design services, including support during the project's construction management consultant's design review and response to actions developed in the design review; and H. On September 12, 2013, the Parties executed Amendment No. 8 to provide additional design services including efforts related to consolidation of the four construction bid packages prepared for the project into a single construction package with four design schedules; and I. On May 15, 2014, the Parties executed Amendment No.9 to provide additional design services including efforts related to a third-party document review and NCTD permit requirements; and J. On September 23, 2014, the Parties executed Amendment No. 10 to provide additional design services; and City Attorney Approved Version 1 /30/13 May 22, 2018 Item #5 Page 18 of 28 PWENG643 K. On March 25, 2015, the Parties executed Amendment No. 11 to provide additional bid phase services; and L. On June 11, 2015, the Parties executed Amendment No. 12 to provide additional construction support services and extend the Agreement for a period of three (3) additional years with all work to be completed by June 9, 2018; and M. The Parties desire to alter the Agreement's scope of work and request additional funding to provide engineering support during construction and start-up services; and N. The Parties desire to extend the Agreement for a period of one (1) year; and 0 . The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the totai Agreement amount shall not exceed five million three hundred fourteen thousand nine hundred eighty-eight dollars ($5,314,988). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty-five thousand dollars ($155,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by June 9, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 2 May 22, 2018 Item #5 Page 19 of 28 PWENG643 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR Brown and Caldwell, a private employee- owned company ( sign here) \ 12,~,..f D. ~«Is"" I 5ec,rd4,-V (print name/title) 7 CITY OF CARLSBAD, a municipal corporation of the State of California MATT HALL Mayor ATTEST: MA&c. PAM, K,o.c...AS /5£,.JJoR. V"• fJir«s,_,r (print name/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: CELIA A. BREWER, City Attorney BY:--~_,, ________ _ Deputy City Attorney See Attached Notary Acknowledgment Certificate City Attorney Approved Version 1 /30/13 3 May 22, 2018 Item #5 Page 20 of 28 CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa ) ) ss ) --------------------------------' who proved me on the basis of satisfactory evidence to be the person(s) whose · are subscribed to the within inw.~ ment and acknowledged to me that xecuted the same in ~/ e· authorized capacity(ies), and that by 1 signature(s) on the instrument t e person(s), or the entity upon behalf of person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --------~---"-;: --+-¥-/l______,,V !Gdt~t~,(J;- ,\.::-... ~.·-~. ~ c o a o a o · ~ ... _ ... ,-~ -~_.,__(';__ .. ,,.ht --a···· . LISA M. SALVETTI [<' j Commission # 2072221 ' ~ ·• Notary Public -California ~ ; .. · Contra Costa County ; )l,o;: .... • 0 0 0 Ml £oT'U· 5xgirgs j~ 1J· 2~ -t (Seal) Lisa M. Salvetti, Notary Public May 22, 2018 Item #5 Page 21 of 28 Project Scope ofWork TABLE OF CONTENTS SUMMARY ..................................................................................................................................................... 3 TASK 1-PROJECT MANAGEMENT, PROGRESS REPORTS AND BILLING ................................. 4 Task 1.1 Pr_oj ect Management. ............................................................................................................ .4 TASK 2 -DESIGN SUPPORT AND SERVICES DURING CONSTRUCTION .................................... .4 Task 2.9 Extended Engineering Support Services .............................................................................. .4 TASK 3 -CONSTRUCTION COMPLETION ........................................................................................... 4 Task 3.4 Asset ID ................................................................................................................................ .4 CONSUL TANT FEE ...................................................................................................................................... 4 APPENDIX A Labor Hour/Cost Matrix 2[P age May 22, 2018 Item #5 Page 23 of 28 SUMMARY Brown and Caldwell's (BC) scope of work (SOW), as detailed herein, and in Appendix B -Subconsultants Proposals, is intended to continue providing engineering construction support services for the construction and closeout of Contract No. PWS13-40UTIL, Agua Hedionda Lift Station, Vista/Carlsbad Interceptor Sewer Reaches and Recycled Water Line Project. Under an existing contract with the City of Carlsbad (City), BC and its subconsultants completed design packages Schedules A through D, and subsequently have been providing engineering support services during construction since the project was awarded to Pulice Construction, Inc. in 2015. Due to extenuating circumstances encountered, the total duration of construction has been extended. Therefore, BC being requested to extend its engineering support services during construction, and conduct project management activities to support the delivery of these services, through the substantial completion of construction, as described below. ARCADIS has been retained by the City for construction management services. It is understood that ARCADIS (heretofore known as the CM) will continue to provide the services of a Resident Project Representative (Resident) at the site to provide site inspection of tl1.e Contractor's work (Work). The Resident will be the City's agent or employee and under the CM's supervision. The duties and responsibilities of the Resident are set forth in the Agreement between the CM and City. For the purposes of this SOW, the titles Construction Manager, Contract Documents, Submittals and Change Order shall have the meanings given in the Construction Contract between the City and the project Contractor. Services associated with this SOW are assumed to be conducted over the remaindered of the construction period, which is expected to continue through November 2018. 3 I P a g e May 22, 2018 Item #5 Page 24 of 28 TASK 1-PROJECT MANAGEMENT, PROGRESS REPORTS AND BILLING Task 1.1 Project Management BC shall extend its project management services as performed throughout the course of construction through the end of November 2018. Project management shall include internal monthly financial review, project financial and document control, preparation of monthly billings and progress reports, coordination of internal staff and QA/ QC resources to support any ongoing engineering support services, as well as regular communication and coordination with the City's staff. TASK 2 -DESIGN SUPPORT AND SERVICES DURING CONSTRUCTION Task 2.9 Extended Engineering Support Services At the City's request, BC will extend its construction support services through the substantial completion of this project. Construction support services include providing responses to Contractor submitted requests for information (RFis), review of Contractor submitted product data (Subrnittals), design services to accommodate field changes, periodic attendance of construction progress meetings, and field visits. The above services will be rendered on a time and materials basis as required by the project. TASK 3 -CONSTRUCTION COMPLETION Task3.4 Asset ID At the City's request, BC will coordinate with the Encina \v'astewater Authority (EWA) to develop Asset Identification (ID) numbers for all equipment in the Lift Station and Grinder facilities. The Asset ID's are intended for entry by EWA into their asset management CMMS system for tracking the future maintenance requirements of the lift station and its ancillary facilities. Under this task BC will hold an initial kick-off coordination meeting with EWA to review their Asset ID Standards, develop a draft Asset ID list with accompanying drawings, and hold a comment review meeting with EWA. After the initial draft is reviewed by EWA, BC will address comments and submitted a Final-draft of the Asset ID package. EWA then have the opportunity to issue a second and final round of comments, to which BC will subsequently submitted a Final Asset ID package to both EWA and the City for the record. CONSULTANT FEE The Consultant's total fee for the above services is $155,000 to be invoiced monthly on a time and materials basis. A detailed breakdown of the fee is included in Appendix A. 41 P ag e May 22, 2018 Item #5 Page 25 of 28 APPENDIX A: LABOR HOUR/COST MATRIX ---------1 BrownANoCaldwell !--------- May 22, 2018 Item #5 Page 26 of 28