HomeMy WebLinkAbout09 AMEND #7 WITH AKM (CIP 6130) 04-01-08AGENDA REPORT
MEETING DATE: APRIL 1, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION
SUBJECT: AMENDMENT NO. 7 TO CONSULTANT SERVICES AGREEMENT WITH AKM
CONSULTING ENGINEERS FOR THE PASADENA AVENUE WELL PROJECT
(CIP NO. 6130)
SUMMARY
Amendment No. 7 provides additional funding for construction management/inspection services to be
provided by AKM Consulting Engineers during the well equipping phase of the Pasadena Avenue
Well Project.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 7 to the Consultant Services
Agreement with AKM Consulting Engineers for the Pasadena Avenue Well Project, and authorize the
Mayor and City Clerk to execute the Amendment on behalf of the City.
FISCAL IMPACT
The additional fee for construction management/inspection by AKM Consulting Engineers for the
Pasadena Avenue Well Project is $81,195.72. The City's Capital Improvement Program/Budget (CIP)
provides adequate funds for the project's construction.
BACKGROUND
On December 6, 1999 the City and AKM Consulting Engineers entered into a Consultant Services
Agreement. AKM was responsible for providing engineering services to complete all phases of
Pasadena Avenue Well Project. The original scope of work included technical support, and limited
construction management/inspection. At the time, existing Water Services staff envisioned that
construction inspection/management duties would be handled by City staff.
From a project management standpoint, current Water Services staff has determined that it would be
more efficient to have AKM responsible for all construction management/inspection tasks. This approach
also ensures a higher degree of project quality control, especially in managing a contractor's activities
within a very sensitive residential neighborhood. A copy of Amendment No. 7 signed by the City Attorney
and AKM, plus a letter proposal from AKM outlining the construction management/inspection services is
attached for the Council's review and information.
Tim D. Serlet Frederick J. Adjarian
Director of Public Works/City Engineer Water Services Manager
TDS: FJA: FJA revisions Amend #7 to CSA for AKM -Pasadena Well.doc
AMENDMENT NO. 7
TO
CONSULTANT SERVICES AGREEMENT
FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
PASADENA AVENUE WELL PROJECT
THIS AMENDMENT NO. 7 TO CONSULTANT SERVICES AGREEMENT
("Amendment No 7") is made and entered into this day of , 2008
by and between the CITY OF TUSTIN, a municipal corporation hereinafter referred to
as "City" and AKM Consulting Engineers, a California corporation, hereinafter referred
to as "Consultant".
RECITALS
WHEREAS, City and Consultant entered into a Consultant Services Agreement
as of December 6, 1999 (the "Agreement") for design and engineering services for the
Pasadena Avenue Well; and
WHEREAS, City and Consultant desire to amend Section1 and Section 4 of the
Original Agreement to provide additional funding for construction
management/inspection services during the well equipping phase of the Pasadena
Avenue Well Project.
NOW, THEREFORE in consideration of the mutual promises, covenants, and
conditions contained herein, and upon the terms and conditions hereinafter set forth, the
parties agree as follows:
AGREEMENT
Section 1: Section 1 of the Agreement is amended.
Section 1 of the Agreement is hereby amended in its entirety to read as
follows:
Consultant shall perform all work necessary to complete in a manner satisfactory to
City, the services set forth in the City s Request for Proposal dated June 17, 1999, a
copy of which is attached hereto marked as Exhibit "B" and is by this reference
incorporated into this Agreement.
Consultant shall also perform all services set forth in Exhibit "A" to the Original
Agreement and as set forth in Exhibit "A" to Amendment Nos. 1 through 6.
Consultant shall also perform all services as set forth in Exhibit "B" to this Amendment
No. 7, attached hereto and incorporated into this Agreement by reference.
Section 2: Section 4 of the Agreement is amended.
Section 4 of the Agreement is hereby amended in its entirety to read as follows:
Section 4: Compensation
A. The compensation to be paid under the original Agreement shall be as
set forth in Exhibit "A" of the Original Agreement and shall not exceed
a total cost of 198,767.00.
B. T he compensation to be paid under Amendment Nos. 1-6 shall not
exceed a total cost of 189,984.28.
C. The compensation to be paid under Amendment No 7 as set forth in
Consultant's proposal dated January 22, 2007 (Exhibit "B") shall not
exceed a total cost of $81,195.72.
D. Consultant shall submit detailed monthly invoices, based upon the
actual work performed accompanied by backup documentation as
requested by the City.
E. P rogress payments for work completed shall be paid by the City as the
work progresses, within thirty 30 days of receipt of Consultant's invoice
with appropriate back up documentation.
F. Consultant shall provide City with a brief monthly synopsis of all tasks
performed and the fees accrued thereon in complete and sufficient
detail to fully apprise City of work progress.
Section 3:
Except as expressly amended herein, all other provisions of the Original
Agreement shall remain in full force and effect.
Section 4: Miscellaneous
A. If any term, covenant, condition, or provision of this Amendment No. 7 or the
application thereof to any person or circumstance, shall to any extent be held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of this Amendment No. 7, or the application thereof to any person
or circumstance, shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
B. T his Amendment No. 7 shall be governed and construed in accordance with
the laws of the State of California. In the event of any legal action to enforce
or interpret this Amendment No. 7, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California, and the
parties hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Section 394.
C. Each signatory to this Amendment No. 7 hereby warrants and represents that
each has been authorized to enter into this Amendment No. 7 on behalf of the
entity for whom they sign.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, this Amendment No 7 was executed by the parties
on the day and year written above.
"CITY"
CITY OF TUSTIN
By:
Jerry Amante, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Douglas C. Holland, City Attorney
"CONSULTANT"
AKM Consulting Engineers
By:
Zek Kayiran, President
Exhibit "B"
Water
Resources
Transportation
AKM. Consulting Engineers
553 Wald Infrastructure
Irvine, CA 92618
Telephone: 949.753.7333 Construction
Facsimile: 949.753.7320 Management
January 22, 2008
City of Tustin Water Services Division
300 Centennial Way
Tustin, CA 92680
Attention: Mr. Kunal Mittal, P.E., Associate Engineer
Subject: Pasadena Avenue Well; Contract Amendment Request to Provide Construction
Management and Inspection Services
Dear Kunal:
In response to your direction, AKM is pleased to provide you with this contract amendment request for
construction management and inspection services for the Pasadena Avenue well equipping project.
Our scope of services includes providing part time inspection and full time construction management services
throughout the project duration. Currently, F.T. Zebarth is anticipating 6 months of continuous construction
activity, and approximately 1 month of intermittent work. The contract schedule is 330 calendar days
(approximately 11 months).
SCOPE OF WORK
The inspector's responsibilities will include the folbwing:
• Inspect all work to be constructed by the Contractor to ensure compliance with the contract plans,
specifications, and all applicable codes. Verify work is completed in a professional manner consistent
with the expectations of the City of Tustin, and the standards of the industry.
^ Prepare daily reports which describes the work completed each day, lists Contractor personnel and
equipment on-site, records weather conditions, and notes any other events, conversations, directions,
or activities that occurred.
^ Prepare weekly City of Tustin working day summary form.
^ Maintain a photo log of the construction work, showing the progression of the project, and
installations which would not be visible after completion of the work.
^ Inspect materials and equipment delivered to the site to ensure that it has not been damaged during
shipment and that it conforms with the contract requirements and approved shop drawings.
^ Request material testing (compaction tests, concrete compressive strength tests) as required by the
contract documents and as deemed to be necessary.
AKM Proposal No. 0&2946
Exhibit "B"
Mr. Kunal Mittal
City of Tustln Water Services Division
January 22, 2008
Page 2
^ Attend regularly scheduled construction meetings with the Contractor, Construction Manager and City
at the jobsite.
^ Ensure Contractor compliance with all provisions contained in the project EIR.
^ Coordinate Contractor tie-ins and shutdowns of City-owned facilities with City forces.
^ Meet daily with the Construction Manager to review project activities.
^ Monitor change order time-and-material work. Sign Contractor daily sheets of verified hours.
^ Interface with the public, answer questions, receive complaints and address concerns.
^ Prepare a punch list of corrective work to be completed by the Contractor prior to finalizing the
project.
^ Maintain a set of as-built drawings throughout construction. Review regularly with City Inspector and
Contractor, and update as appropriate.
^ Participate in project start-up.
^ Review progress payment quantities with the Contractor and Construction Manager.
We have budgeted, in our proposal, a total of 644 hours of inspection time, which is equivalent to 4 hours per
day over the anticipated 7-month construction window. If desired, full time inspection may be provided by
AKM for an additional cost.
AKM will also provide construction management services as detailed below:
^ Conduct a meeting every 2 weeks with the Contractor, Inspector, and City to discuss constriction
progress, project issues, and coordination of upcoming work elements. Minutes will be prepared for
each meeting and distributed to all participants.
^ Attend a weekly meeting with the City Project Manager to discuss construction progress, upcoming
events, and project concerns.
• Meet daily with the Project Inspector to review construction activities.
• Receive and respond to Contractor RFI's and change order requests.
^ Review and approve Contractor progress payment requests. Forward to City for processing.
• Prepare a monthly report to the City which summarizes construction activities, payments, change
orders and project schedule. This report will be supplemented with photographs as determined
appropriate.
• Ensure all work is coordinated properly by the Contractor and Project Inspector.
^ Anticipate construction issues, and develop proactive responses to keep the project moving smoothly
and on schedule.
• Receive and distribute all project related correspondence. Formulate responses as required.
AKM Proposal No.
Exhibit "B"
Mr. Kunal Mittal
City of Tustin Water Services Division
January 22, 2008
Page 3
We have budgeted a total of 8 hours of time per week for the entire project duration of 330 calendar days (47
weeks) for construction management. A total budget of 376 hours is included in our proposal.
PROJECT TEAM
In consideration of the requirements for this project, we propose to assign Mr. Bob Russell as Construction
Manager, and Mr. Emin Kayiran as Project Inspector. Both persons have significant experience relating to
construction inspection and management of water works facilities, and are both well qualified to undertake the
assigned tasks. Attached to this proposal, for your review, are condensed resumes which highlight each
project member's experience.
BUDGET
Currently there is $12,376.28 remaining in the contract budget for construction management services. To
complete the above detailed scope of work, we estimate $93,572 will be required. Therefore, we are
respectively requesting an augment to the current contract budget of $81,195.72. This will increase the total
contract value to $394,587.72. The work will be completed on a time-and-materials basis in accordance with
AKM's established rate schedule, which is attached. AKM will not exceed the authorized budget without
written approval by the City.
Budget Estimate for
Construction Management and Insosction Services
Constnxtan Management 376 /hrs ® $101 /hr $ 37,976.00
Constnctan Inspector 644 /hrs ~ $ 84 /hr $ 54,096.00
Expenses $ 1,500.00
TOTAL BUDGET S 94.572.00
81.195.72
We appreciate the opportunity to be of service to the City of Tustin. If you should have any questions
concerning our request, please feel free to call.
Sincerely,
AKM Consultant Engineers
John Loague, P.E.
Principal
AKM Proposal No.
Exhibit "B"
AKM CONSULTING ENGINEERS
HOURLY FEE SCHEDULE
May 2007
Labor Classification Houriv Rate
1. Principal $189.00
2. Principal Engineer $173.00
3. Project Manager $168.00
4. Associate $152.00
5. Project Engineer $137.00
6. Senior Engineer $126.00
7. Associate Engineer $101.00
8. Financial Analyst $89.00
9. Inspector $84.00
10. Assistant Engineer $84.00
11. Senior Designer/Senior CADD Technician $84.00
12. Designer/CADD Technician $79.00
13. Engineering Technician $72.00
14. Engineering Aide $53.00
15. Data or Word Processing $63.00
16. Office Support $58.00
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost
plus 15%. Subcontracted services will be marked up 15% in order to cover costs associated with
administration, coordination and management of subcontractors. Mileage will be invoiced at $0.66/mile.
This schedule of rates is in effect until July 1, 2008, at which time it may be adjusted.
AKM Proposal No. 0&2946
Exhibit "B"
ROBlRT R. RUSSELL, P.E. Project Roles: Construction Management
PROFESSIONAL REGISTRATION
Calffomia, Registered Civil Engineer
Calffomia, Licensed General Contractor (Inactive)
Calfomia, L'rfetime Teaching Credential (Engineering), Community College System
EDUCATION
M.S., Civil Engineering, Loyola Marymount University
B.S., Civil Engineering, Oregon State University
Value Engineering
EXPERIENCE
Over thirty-five years experience in various aspects of civil engineering design and construction management on
public projects for state and local (counties, cities and special districts) agencies, and commercia~ndustrial
projects. Experience includes storm drains, water and wastewater treatment plarrts, water transmission mains,
sewer lines and outfalls, roadslfreewaysRdlroads, bridges with spread and pile footings, retaining walls,
masonry sound walls, street lighting, traffic signals, utilities, fiber optic networks, and buildings. Constn~ction
Management/Resident Engineering is as follows:
^ Infrastructure for Assessment District 79-2 projects for the City of Corona, with an approximate constn~ction
value of $54M. The projects included the stone drains; 6 miles of major roads; one prestressed concrete
bridge (3-span bridge with 4-lanes) spanning the railroad, the Arlington storm channel and Sampson Street;
4major intersections with traffic signals and street lighting, water distribution system; a water booster
pumping station; a 6.0 MG .reinforced concrete storage reservoir, a 6.0 MG prestressed concrete storage
reservoir, the sewage collection system; a sewage lift station; and mass grading;.
^ Infrastn~cture for the Chino Hills projects of the County of San Bernardino with an approximate constn~ction
value of $100M. Projects included storm drains (36 to 120-inch diameter pipe); concrete-lined storm
channels; 10 miles of major roads; 1-prestressed concrete bridge (2-span bridge with 4lanes); S-major
intersections with traffic signals and street lighting; water distribution; sewage collection; mass grading; tract
landscape irrigation systems and landscaping, 2-regional parks including ball fields; and 2 new fire stations.
• Two Southern California wastewater treatment facilities. Processes included activated sludge, anaerobic
digestion, solids dewatering by belt filter press and cogeneration utilizing the digester gas for the fuel
source. The projects had a combined construction cost of approximately $100M.
• Domestic water supply, distribution and storage facilities, Corona, Carlsbad, Lake Elsinore, Redlands, Red
Mountain, Rialto and On3nge County.
• Cattrans District 8: Contract manager for 3 major projects including rehabilitation and/or new constnution on
interstate and state highways located in Riverside and San Bernardino Counties
^ Caltrans District 11: Contract manager for 9 major projects including rehabilitation, relocation, widening and
new constn~ction on interstate and state highways in San Diego County.
Claims Avoidance Resolution
• Claims avoidance projects include constructability, bidability, contract documents and constructions plans
reviews for cities, counties and special districts throughout Southern California.
^ Claims resolution projects include street, road, highway, bridge, storm drain and channel, public building,
hospital, park, sewer pipeline, sewage lift station, wastewater treatment plats, reclamation facilities, water
distribution, booster pump station, steel and concrete reservoirs, and water treatment plant projects
throughout Southern Calffomia.
Value Engineering -Served as a value engineering team member on ten major projects in the states of
Georgia, Tennessee, Ohio, and Calffomia
AKM Proposal No.
Exhibit "B"
EMIN KAYIRAN
EDUCATION
Bachelor of Science in Business Administration
Finance and Entrepreneurship
University of Arizona, Tucson, 2004
Project Roles: Project Inspector
EXPERIENCE
Mr. Kayiran has a broad background in construction scheduling, management, and inspection. His
background includes construction of pump stations, treatment facilities, pipelines, the management of
hazardous materials removal, and street improvements. Mr. Kayiran's related project experience includes:
^ Inspection of the City of Seal Beach Navy Booster Station -The project included three 100-hp, 1400-
gpm, VFD operated pumps; new electrical controls and switchgear, reservoir recoating; a new
building to house the equipment; and yard paving.
^ Inspection of the City of Seal Beach West End Pump Station -The project involved upgrading an
existing storm water pump station, doubling its capacity. The work included demolition of the existing
facility; structural modifications to the existing sump; installation of two 350-hp, 45,000-gpm, VFD
operated pumps; new electrical controls, telemetry system, and switchgear; new building to house the
equipment; and yard paving.
• Inspection of the City of Seal Beach Sewage Pump Station No. 35 -The project involved upgrading
the City of Seal Beach's existing sewage pump station with new pumps, piping and electrical
systems. The work included: bypass pumping during construction; three 75-hp, 2,300-gpm, VFD
operated pumps; valves and piping; relining of the wet well; electrical controls telemetry system and
switchgear, and yard paving.
^ Inspection of the City of Corona Wastewater Treatment Plant, Recycled Water Distribution Pipeline -
The project involved installing an 18-inch and a 24inch ductile iron distribution pipeline. The work
included excavation and trenching, installation of the pipe liner, installation of Megalug mechanical
joint restraints, cathodic protection backfill, compaction and grading of the site.
^ Inspection of the City of Seal Beach 1°~ Street Sewage Pump Station -The project involved
upgrading the City of Seal Beach's existing sewage pump station with new 120 gpm pumps, motors,
electrical system, valves and piping, bypass pumping during construction, new T-lock lined manhole,
new vault, relining of the wet well, electrical controls and a telemetry system.
AKM Proposal No. 08-2946
~ . .~~
EXHIBIT "A"
AKM Cansulting Engineers
101 Pacifica, Suitt 150
Irvine, California 92016
Telephony; 949.753.733
Facsimile: 949.753.7310
October 5, 1999
City of Tustin
Public Works Water Service Division
238 East Main Street
Tustin, Calitgmit 92780
Attention: Mr. John T. Morris
Program Manager
Subject: .REVISED Fee Proposal to Provide Engineering Services for the
Design of a New Well at the Pasadena Avenue Site
Dear Mr. Morris:
AKM Consulting Engineers, in association with Richard C. Slade 8 Associates LLC, is pleased to
submit our Cost Proposal for the subject project in rosponse to your request
Our cost proposal reflects the effort antldpated for the project based upon our unde-standing of theF
Prob. and review of the project's alignment.
We appreciate the opportunity to submit this Cost Propose! and Zook forward to working with the City
of Tustin on this very challenging project. K you have any questions or regain addl9ortal information,
please do not hesitate in contacting the undersigned.
Very truly yours,
AKM Consultlng Engineers
Zeki Kayiran, P.E.
Principal
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