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HomeMy WebLinkAbout09 CONST MGMT SERVICES 02-21-06 AGENDA REPORT MEETING DATE: FEBRUARY 21, 2006 FROM: WilliAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENTIWATER DIVISION TO: SUBJECT: APPROVAL OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES WITH RW BECK FOR ZONE 3 llANENAlHAlLAlHIGHVIEW WATER liNE SUMMARY Approval of the subject Construction Management Services contract with RW Beck to assist City staff in completing this critical Water Main Replacement Project. RECOMMENDATION It is recommended that the City Council direct the Mayor and the City Clerk to execute the contract documents on behalf of the City with RW Beck subject to City Attorney approval as to form. FISCAL IMPACT Funds totaling $51,860 for construction management and inspection services for the Liane Lane, Valhalla Drive and Highview Drive Water Main Replacement Project (CIP No. 6154) are currently appropriated in the City's FY 2005-06 Public Works DepartmentlWater Division Capital Improvement Projects budget. BACKGROUND The City of Tustin awarded the contract for the construction of the Liane Lane, Valhalla Drive, and Highview Drive Water Main Replacement Project (CIP No. 6154) to West Valley Construction Company, Inc., on October 15, 2005. The contract will begin upon the date of the Notice to Proceed and will continue through June 30, 2006. Due to shortages in the City's inspection staff, it was necessary to seek outside professional construction management and inspection services for the Water Main Replacement Project. Three consulting engineering companies were contacted to provide proposals for construction management and inspection services. Only RW Beck responded and provided a formal proposal. Exhibit "A" includes the proposal submitted by RW Beck. Water Division staff is recommending the City Council approve the contract for project construction management and inspection services with RW Beck. Tim D. Serlet Director of Public Works/City Engineer Frederick J. Adjarian Water Services Manager S:\City Councilltems\2006 Councilltems\Approval of Contract RW Beck.doc Attachments: Cost Proposal for Construction Management Services Construction Management Services Contract CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 20_, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and RW. Beck, a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for the Liane Avenue, Valhalla Drive and Highview Drive Water Main Replacement Project (CIP No. 6154) hereinafter referred to as "Project"; and WHEREAS, Consultant submitted to the City a proposal dated January 25, 2006, a copy of which is attached hereto marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" in accordance with the terms and conditions of this Agreement. Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", which shall not exceed a total cost of $51,860.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exciusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 2 Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges inciuding attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per ciaim or per occurrence. If Consultant provides ciaims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover ciaims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. c. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII 3 A. To City: (seven) or better, or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1 )(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Aqreement B. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: City of Tustin Attn.: Tim D. Serlet, Director of Public Works/ City Engineer 300 Centennial Way Tustin, CA 92780 4 To Consultant: RW. Beck Attn.: Christopher M. Dull, P.E. 5373 Innovation Drive, Suite 390 San Diego, CA 92128-3425 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. C. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Doug Davert Title Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City Attorney "CONSULTANT" Christopher M. Dull, P.E. Title Vice President S:ICSA & RFP\2006IRW Beck CSA.DOC 6 January 25, 2006 Exhibit" A" n ~Vnf [K Mr. Fred Adjarian Water Services Manager City ofTustin Water Service Division 1472 Service Road Tustin, CA 92780 Subject: Proposal for Construction Management Services Zone 3 Water Main Replacement Project for Liane Lane, Valhalla Drive & Highview Drive Dear Mr. Adjarian: R. W. Beck, Inc. (Beck) is pleased to provide this proposal for Construction Management Services for the referenced project. We have included a proposed scope of work and fee to perform the requested services. As we discussed this project will occur outside the City of Tustin's (City's) limits in the County of Orange and we will be coordinating inspection efforts with the County. The project specifications allow for 60 working days for completion of construction with the requirement the contractor comply with the City's 9/80 work schedule. This would result in a 13-week construction schedule. Per discussions with the City, we have prepared a fee based on a 45 calendar day work schedule. Scope of Work Below are the tasks and deliverables for this project. These tasks were developed with the understanding that geotechnical & material testing (if necessary) would be provided by Smith-Emery under an existing contract with the City. In addition, no survey services will be required of Beck. Task 1 - Project ManagemenVResident Engineering We will provide a project manager/resident engineer to coordinate necessary meetings with the City and with the construction contractor hired by the City to construct the project. The Project Manager will coordinate inspection/observation of the construction activities and provide direction to Beck staff involved on the project. . Prior to commencement of construction, Beck will prepare a preconstruction video and take preconstruction photos of the alignment and paving condition. Task 2 - Onsite Observation and ContractAdministíation We have estimated that part-time field observation will be sufficient to monitor the contractor's operations. Beck will perfonTI on-site observation of the contractor's operations for conformance to the contract specifications (CIP Number 6154) provided by the City. Inspection reports will be prepared to document each day's observations. Beck will attend meetings required for coordination of construction activities and at the request of the City and will prepare meeting minutes for a record of the meetings. Project Team Beck will provide j, Wade Griffis, P.E, to perform project management and Kelly Hawkins will perform onsite observation of the work. Contract Administrator, Heather Geren, will assist Mr. Griffis by performing contract administration duties. Quality Control on the project will be performed by Christopher Dull. P.E, !5.,7.'I""ov:":OI1Dnvc.Sl1llc;9" SanÜ"go.CA92¡" PhOlwr,S",JS7.7h7- ¡.",r:i5hl'92-Ci]()C. e Mr, Fred Adjarian January 25, 2006 Page 2 Proposal Fee The not-to-exceed fee for this proposal is $51,860. Unless extended by written notification from R. W. Beck, this proposal and its contents are valid until 90 days from proposal date. This project will begin upon our receipt of a notice to proceed by the City. We look forward to the opportunity to provide the services you have requested. If you have any additional comments concerning this proposal, please do not hesitate to contact Wade Griffis at (858) 485-4674. Sincerely, R. W. BECK, INC. Christopher Dull, P.E. Vice President J. Wade Griffis, P.E. Project Manager TABLE NO.1 City of Tustin Zone 3 Water Main Replacement Project for Liane Lane, Valhalla Drive & Highview Drive Construction Management Services Manpower and Fee Estimate C. Dull W.Griffs K. Hawkins H. Geren Other Quality Project Onsite Contract Direct TASKS Control Manaaer Observation Administrator Costs Total 1. Project Management! MHRS 24 140 164 Resident Engineering $ 5,280 22,400 0 0 1,860 29,540 2. Onsite Observance! MHRS 160 80 240 Contract Administration $ 0 0 14,400 5.600 2.320 22,320 TOTAL MHRS --$ 24 5,280 140 22,400 160 14,400 80 5,600 0 4,180 404 51,860 "" 0 0 '" ",ci Q)M ~~:g ~ .~~ UJ=c> ....ICD:> ~~~ I- 'ê': tl. .~ " Q) ffi 0000 0000 g'Q)6666 =m"""""'" m Q: ~ ;;; "H" 1; " 1§ " 0 - 0 " 'æ - Q; 'E 'æ Q) >! 0 C>'- i:: 'ê' ~ -E ê .§ :¡¡ tl.~8~::i3 U£-g~2 ~ 'ê'§'¡i1 Otl.UO ,,1! ê .~~=€ ~~ a:~ððc3~ ¡;;s':¡;,,¿ CITY OF TUSTIN Ø] NO SCALE PROJECT LOCATIONS CITY or JUS!!N me ""00- ,"'"",,". "'0'."'" I PROJECT NAME: LIANE LANE, VALHALLA DRIVE, AND HIGHVlEW DRIVE WATER MAIN REPLACEMENT (CIP NO. 6154) I