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HomeMy WebLinkAbout1980-11-04; City Council; Resolution 6345t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1.5 13 2c 21 22 22 24 25 26 27 2e RESOLUTION NO. 6345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AGREEING TO AMENDMENT NO. 2 TO THE NINTH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PHASE I11 BETWEEN THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT, AND AUTHORIZING. THE MAYOR TO EXECUTE SAID SUPPLEMENT ON BEHALF OF THE CITY BE IT RESOLVED by the City Council of Carlsbad as follows: 1. That the City of Carlsbad does hereby approve and agree to the Amendment No. 2 to the Ninth Supplement to the Basic Agreement to provide Construction Management Services for Phase 111, a copy of which is attached and incorporated by reference herein; 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City of Carlsbad Amendment No. 2 to the Ninth Supplement to the Basic Agreement to provide Construction Services for Phase 111. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, at a regular meeting held the 4th day of November , 1980, by the following vote,to wit: AYES : Counci 1 Members Packard, Cas1 er, Anear, Lewis and Kul chin NOES : None ABSENT: None /-- RONALD C. PACKARD, Mayor ATTEST: (SEAL) AMENDMENT NO. 2 TO THE NINTH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PHASE I11 This Amendment No. 2 to the Ninth Supplement to the Basic Agreement is made and entered into as of the day of , 1980, by and among: VISTA SANITATION DISTRICT ("Vista") , a county sanitation district , whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad") , a municipal corporation; BUENA SANITATION DISTRICT ("Buena") , a county sanitation district whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; LEUCADIA COUNTY WATER DISTRICT ("Leucadia") , a county water district; and ENCINITAS SANITARY DISTRICT ("Encinitas") , a sanitary district. RECITALS WHEREAS, the aforesaid public agencies have entered into a joint powers agreement, pursuant to Chapter 5 of Division 7 of Title I of the Government Code for the joint exercise of powers relating to the acquisition, construction, oper- ation, and naintenance of facilities for the transmission, treatment, and disposal of sewage, which facilities comprise a single system of sanitation works and includes expansion of such facilities by virtue of a project commonly known as Phase I11 Enlargement and Upgrading of the Encina Water Pollution Control Facility; and WHEREAS, engineering design and construction management for the aforesaid enlargement and upgrading is presently in progress; and WHEREAS, said enlargement and upgrading is presently in progress; and WHEREAS, said enlargement and upgrading will require construction con- tracts having substantial monetary value and will require supervision, coordin- ation, and management; and WHEREAS, it is in the best interests of all the public agencies which are a party hereto that the services of a critical path consultant be provided for the Phase I11 enlargement and upgrading; and WHEREAS, the Construction Manager has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; and WHEREAS, the Ninth Supplement to the Basic Agreement was made and en- tered into a5 of the 7th day of March 1979 by the public agencies which are a party hereto; and WHEREAS, Construction Manager agrees to perform those tasks described in and incorporated into Amendment No. 2 to the Master Agreement for Construc- tion Management Services ( "Amendment") attached hereto and marked Exhibit "A"; and WHEREAS, at a regular meeting of the Joint Advisory Committee held on September 24, 1980, a motion was duly made, seconded, and unanimously adopted that Vista Sanitation District be authorized to enter into the Amendment; and WHEREAS, the said proposed Amendment is in accordance with the Amend- ments to Title 40 of the Code of Federal Regulations, Part 35, as published in the Federal Register of December 17, 1975; and WHEREAS, the parties of the aforesaid Joint Powers Agreement are receiving a grant from the United States Environmental Protection Agency for a substantial portion of the said Phase I11 enlargement and upgrading; and WHEREAS, by a duly authorized and executed supplemental agreement to the aforesaid Joint Powers Agreement the Vista Sanitation District has been appointed and is presently acting as administrator of the Phase I11 enlarge- ment and upgrading; and WHEREAS, said Vista Sanitation District requires the approval of all parties to the aforesaid Joint Powers Agreement in order to amend the contract - 2- for construction management services for said Phase I11 enlargement and upgrading. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1: That the Board of Directors of the Vista Sanitation District be, and is hereby authorized to enter into Amendment No. 2 to the Master Agreement for Construction Management Services with LOWRY & ASSOCIATES, a California corp- oration; and RONALD 0. ROHADFOX, dba CONSTRUCTION CONTROL SERVICES, a joint venture, in the form and substance as that attached hereto and marked Exhibit "A". Section 2: This amendment may be executed in counterparts, and upon execution thereof by all of the parties set forth on Page 1 hereof, each counter- part shall be deemed an original. IN WITNESS WHEREOF, each party hereto has caused this Amendment No. 2 to the Ninth Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution VISTA SANITATION DISTRICT No. on Approved by Resolution No. 6345 on 11/4/80 Approved by Board Order No. on BV t -1 - CI BY Mayor BUENA SANITATION DISTRICT By : Clerk , Board of Supervisors Approved by Roll Call SAN MARCOS COUNTY WATER DISTRICT Vote on By : President By : Secretary - 3- Approved by Resolution No. on Adopted by Resolution No. on LEUCADIA COUNTY WATER DISTRICT By : President By : Secretary ENCINITAS SANITARY DISTRICT By : President By : Secretary - 4- I AMENDMENT NO. 2 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT BETWEEN VISTA SANITATION DISTRICT AND LOWRY AND ASSOCIATES/CONSTRUCTION CONTROL SERVICES FOR PHASE I11 ENLARGEMENT AND UPGRADING FOR THE ENCINA WATER POLLUTION CONTROL FACILITY I. REFERENCE Agreement for Construction Management Services between Vista Sanitation District and Lowry & Associatesjconstruction Control Services for Phase I11 Enlargement and Upgrading of the Encina Water Pollution Control Facility executed February 7, 1979 and Amendment 1 executed February 13, 1980. 11. REASON FOR AMENDMENT Whereas the owner has requested the inclusion of CPM schedul i ng/cost . control services in the Construction Manager's scope of work, the Master Agreement shall be amended. 111. .AMENDMENT Exhibit A of the Master Agreement is hereby amended as follows: Replace the entire exhibit with the words, "EXHIBIT A I. GENERAL The services to be rendered by the Construction Manager shall include those services as generally required to facilitate the timely construction of the Encina Sewage Treatment Plant Phase 111 Upgrading and Expansion Project. Nork will be performed in accordance with U. S. EPA requirements and Clean Water Grant Guidelines issued by the Division of Water Quality, California State Water Resources Control Board. Specific guidance is con- tained in the guidelines entitled "Managing Construction of Clean Water Grant Projects" issued by the Division of Water AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES Qual i ty , Cal i forni a State Water Resources Control Board (November, 1977) and the District's Construction Management Plan, as amended. For the purpose of the Agreement, the scope of services to be provided is divided into three (3) phases. Amendment No. 2 are designated by an asterisk [*].) (Revisions by 11. SCOPE OF SERVICES 1. Preconstruction Services A. The Construction Manager shall assist the District in developing a master schedule of the complete project. B. The Construction Manager shall become a member of the value engineering team and provide input on the con- struction impacts of potential a1 ternative designs. Key construction impacts shall include the effect on schedules, cost, plant operation during construction; and contract coordination of the mu1 ti ple-bid packages. C. Provide cost control function as necessary to determine the feasibility of bid packaging and making construction management decisions. reviews concurrent with monthly Design Review Committee meetingsscheduled by the District. include consideration of concept, systems, design criteria constructability, long lead items, and cost effectiveness, as appropriate. (CPM) schedul i ng/cost control services for the Encina Phase I11 Project during the preconstruction phase includ- ing review and comment on CPM requirements in the specifi- cations in accordance with attachment A2 of this Amendment. D. In detailed design, the Construction Manager will provide Early review will E.* The Construction Manager shall provide Critical Path Method -2- AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES 2. Procurement Phase A. After issuance by the District of a contract or purchase agreement, the Construction Flanager will monitor and expedite the progress of the respective contractors, B. C. D. E.* manufacturers, or fabricators of such items and report to the District concerning any problems of prospective delay in delivery. Process equi pment drawing submi ttal s. in transmittal to A/E and timely reply to contractor. Establish means of receipt, inspection, storage, protec- tion, and issue for installation of long lead procurements. The Construction Manager shall provide information to the Engi neer to insure speci f i cations are compati bl e wi th construction management p?ans. The Construction Manager shall integrate the equipment purchase contract schedules into a master CPM schedule in accordance with attachment A2 of this Amendment. Incl udes 1 oggi ng 3. Construction Contract Administration Phase A. B. Hold preconstruction conferences to review contract requirements, establish procedures for submittals, schedule meetings, set progress cutoff dates, and introduce various participants in the construction operati on. Provide adequate field staff competent to observe construction at all times and to determine contractor's compliance with contract requirements. to the work by the Construction Nanager will be satisfac- tory to the District and SWRCB. No substitutions will be Personnel assigned made without the District's approval. determines that an employee of the Construction Manager on the work is unsatisfactory, District may request his removal and the Construction Manager will comply promptly and assign a satisfactory replacement. removed will be reassigned to the work without the District's If the District No employee so AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES C. D. E. F. G. H. I. approval. position and workmanship; obtain tests of materials as necessary pursuant to determination of conformance to contract documents. The Construction Manager will define and operate a system for fair progress payments of construction cost which will be limited to the value of construction. Review and recommend contractor's estimates for progress payments. All documents for each contract will be maintained within a central jobsite file by the Construction Manager. The filing system will separate the documentation by function, i .e., change orders, submittals, reports, logs, schedule updates, photographs, laboratory reports, etc. Each function will be filed in chronological order to provide a job history as protection against future claims. Upon job completion, the files will be submitted to the District. Receive and coordinate with the appropriate A/E shoD drawings and other documents such as equipment manuals. Review and formulate recomendati ons or requests for contract changes; analyze effects on costs, schedules and benefits; coordinate modification of the contract docu- ments; and assist in negotiations. Inform the District promptly of a claim by a contractor; administer the claim in accordance with District's procedures. Construction Manager wi 11 maintain record drawings by revi si ng original contract plans. be provided to the A/E, namely, Brown and Caldwell. After construction has begun, Construction Manager will verify such lines and grades as required by the contractors. Inspect contractor's work for dimensions, The plan changes wi 11 J.* Report monthly to the owner the results of the CPM schedule update in accordance with the actual job progress as out- lined in SCOPE OF WORK FOR CRITICAL PATH SERVICES, attachment A2 of this Amendment. -4- AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES K. Determine final completion and provide written notice to the District that the work is ready for final inspection. Secure and transmit to the District required warranties, affidavits, releases, bonds, and waivers. Turn over to the Di strict a1 1 keys, manual s, record drawi ngs , and maintenance stocks. 111. PROPOSED TEAM TO MEET THE CONSTRUCTION MANAGEMENT OBJECTIVES To meet the objectives for the Encina Joint Powers Project, a team of experienced personnel is proposed as shown on the Construction Management Organizational Chart, as set forth on Page 8. outlined as follows: The job functions for these team members are Encina General Manager (as set forth in Figure 1) a. Administrates and coordinates all aspects of the b. project . Sets up and maintains liaison with the Joint Powers Board, the Encina member agencies, principals of contracting firms, and supervisory team members. Monitors work for compliance with Encina Joint Powers requirements. Provides monthly review of project team performance during the progress of the work. Coordinates with the principal-in-charge to insure adequate staffing on the project. Has corporate responsible charge as a principle owner of the consulting firm of the joint-venture contract with commensurate authority and responsiblity. required and requested on governmental and regulatory agency issues. c. Project Advisory Committee (as set forth in Figure 1) a. b. Principal-in-Charge* (as set forth in Figure 1) a. b. Will represent the Encina Joint Powers interests if -5- AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES Project Manager* (as set forth in Figure 1) . a. Has project technical and managerial responsible charge of the joint-venture construction management team and approach to the construction management work program. Monitors and advises the Resident Engineer on his functions involving the CM teams organization, procedures, communciations, supervision and team motivation. Assist the owner and Resident Engineer in identifying and resolving potential or actual problem areas in the conduct of the work. b. c. Resident Engineer (as set forth in Figure 1) I- Preconstruction Phase a. Reviews user needs and design criteria, b. Prepares trade-off studies as necessary. c. Develops a detailed project schedule. d. Prepares a detailed project budget. e. Identifies industry constraints or limitations. f. Identifies supplier constraints or limitations. g. Identifies construction. methods, constraints or 1 imitations. h. Identi f i es possible packaging of smal 1 er contracts. i. Verifies budget and schedule with new information. j. Review time control provisions of proposed construction contracts. k, Makes recommendations to District for review. 1. Prepares project procedure guidelines for construction phase. Construction Phase a. Conducts supervision of the entire field operation. b. Reviews contract documents and contract formation. c. Conducts preconstruction conference and authorizes construction start-up. -6- AMENDMENT NO. 2 TO THE AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES d. Conducts weekly construction meetings and updates schedules. e.* Conducts monthly review and update of CPM schedule. f. Prepares monthly progress reports and pay requests. g. Conducts change order negotiation and preparation. h. Approves final job acceptance and supervises start- UP. i. Assures warranty enforcement. Field Engineer (as set forth in Figure 1) a. Coordinates with design engineers. b. Submits review and monitors reports. c. Reviews contractor substitution requests d. Performs prepurchase order placement and e. Requests or performs design and calculat modi f i cations. Prepares as-bui 1 t drawings. f. Fol 1 ow-up. on of field g. h. Provides general assistance to Resident Engineer.* Coordinates activities between contractor's and Di strict Is staffs. Inspectors (as set forth in Figure 1) a. b. c. Prepares daily reports. d. Supervises and maintains photographic records of job e. Monitors force account activity. Performs daily inspection of construction activities. Supervises field testing and prepares test samples. progress. Secretary (as set forth in Figure 1) a. Provides secretari a1 assistance. b. Maintains correspondence files. c. Organizes and maintains other job files including: 1) Daily reports 5) Contract Documents 2) Weekly meeting minutes 6) Test results 3) Monthly reports 7) Submittals 4) Change Orders -7 - z P c W A I Q z 7- I 1 -t c - 0 z W z 0 I I I I I I I I i I I I - I- o 3 CE t- m z '. IV. EFFECTIVE DATE OF THIS AMENDMENT This amendment is effective on and from the day, month and year it is signed by an authorized signatory of the Vista Sanitation District. CONSTRUCTION YANAGER LOWRY & ASSOCIATES By : Date: CONSTRUCTION CONTROL SERVICES By: Date: OWNER VISTA SANITATION DISTRICT Date: -9- ATTACHMENT A2 SCOPE OF WORK CRITICAL PATH METHOD (CPM) SCHEDULING/COST CONTROL SERVICES INTRODUCTION The Encina Phase I11 Project has three prime construction contracts and four equipment purchase contracts summarized as follows: Construction Contracts 8 10/11 Portion of the Project (1) Grading, (2) Flood control channel , (3) Secondary faci 1 i ti es , (4) Avenida Encinas Operations Bui 1 di ng (1) Sludge thickening and de- watering facilities, (2) Headworks, (3) Pretreatment and (4) Digester faci 1 i ti es, (5) Power bui 1 ding , (6) Chlorination building, (7) Effluent pumping station, (8) Plant wide electrical distribution and instrumentation, (9) Plant commi ssi oni ng . ATTACHMENT A2 - Page 1 ATTACHMENT A2 SCOPE OF WORK Equipment Purchase Contracts 2 3/4 5 6 Equipment Four belt filter presses (1) Two engine driven gener- ator units, (2) Two engine driven bl ower uni ts , and (3) Four multistage aeration air blowers. Three mechanically cleaned bar screens. Dissolved air flotation components. Contracts 1/7/9 and Contract 8 are in progress and Contract 10/11 is expected to be awarded in January of 1981. construction contract require a CPM submittal for each contractor's portion of the work. quarter of 1980. The specifications in each The equipment purchase contracts were all awarded in the first The individual CPM schedules submitted by the contractor require review, incorporation into a master CPM schedule and monthly updates. CPM SERVICES The Construction Manager shall provide CPM scheduling/cost control services for the duration of the Encina Phase I11 Project in accordance with the contract documents and including the following activities; A. Provide overall project information to the prime construction contractors during the preparation of their individual CPM logic diagrams . ATTACHMENT A2 - Page 2 ATTACHMENT A2 SCOPE OF WORK B. Work with the prime contractors to achieve mutually acceptable "time sequenced" and "cost loaded" activities on the CPM diagram. C. Provide a computer drafted CPM schedule for each prime contractor on their individual portion of the work. D. Provide a computer drafted master CPM schedule incorporating the three construction contracts and the four equipment purchase contracts. E. Meet with the Owner monthly to review and update the CPM schedule according to the actual progress on the job. shall be reviewed: The following 1. 2. 3. Actual finish dates of completed activities. Remaining duration on planned activities in progress and not yet started. Impact of actual and potential change orders on the CPM schedul e. Required revisions to the CPM schedule. A monthly report prepared on the progress of the work in relation to the CPM schedule including the indenti- fication of problem areas, their impact on costs and schedules and any corrective actions that should be taken. 4. 5. ATTACHMENT A2 - Page 3