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HomeMy WebLinkAbout22 - Jamboree Road Bridge Widening Over SR-73 - Professional Services AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 8, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, Senior Civil Engineer 949 - 644 -3315 or atran @newportbeachca.gov SUBJECT: Jamboree Road Bridge Widening Over State Route 73 — Approval of Professional Services Agreement with Anderson Penna RECOMMENDATION: Approve a Professional Services Agreement with Anderson Penna of Laguna Beach, California, for the Jamboree Road Bridge Widening Over State Route 73 project at a not to exceed price of $533,850.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The Jamboree Road Bridge Widening Over State Route 73 project involves widening the west side of the Jamboree Road Bridge overcrossing State Route 73 to accommodate one additional thru lane in each travel direction. The roadway leading to the bridge will also need to be widened in order to transition to the proposed lane configuration across the bridge. Final design is nearing completion and staff is currently in the process of acquiring additional right -of -way needed to construct this project. Staff requested proposals from five firms to provide construction management services for this project. The five firms were (1) Anderson Penna, (2) Caltrop, (3) Parsons Brinkerhoff, (4) AECOM, and (5) Engineering Resources of Southern California. Three proposals were received from Anderson Penna, Parsons Brinkerhoff and AECOM. Proposals were independently evaluated and rating sheets were completed and discussed by two City staff members and one Caltrans representative. Anderson Penna was chosen based upon project understanding, expertise of project team, and previous experiences. The proposed not to exceed construction management services fee is $533,850.00. The scope of services include: Jamboree Rd Bridge Widening - Anderson Penna CM Services PSA.doc 05/28/2010 Page 2 Task 1: Pre - Construction Services a) Complete a Constructability Review b) Evaluate Bids c) Review Existing Project Files d) Prepare a Resident Engineer's Project Schedule e) Administer Construction Contract f) Conduct Pre - Construction Meeting g) Prepare Administrative Process for Dispute Resolution Task 2: Construction Management During Construction a) Coordinate all Construction Activities b) Manage Project Schedule, Progress Meetings, and Reports c) Prepare Progress Payments and Change Orders d) Manage Shop Drawing and Materials Submittals e) Manage Request for Information f) Perform Construction Observation /Inspection Services Task 3: Material Testing a) Provide Material Testing Task 4: Post- Construction Services a) Prepare Final Inspection and Deficiency Reports b) Obtain Lien Waivers, Bonds, Guarantees, and Warranties c) Prepare Certificates of Acceptance and Substantial Completion d) Prepare Contract Records and Final Report Since this construction contract has not been advertised, Anderson Penna will only be able to work on the Constructability Review as identified in Task 1a above. The remaining tasks will be completed upon advertisement of the construction contract at this time. Environmental Review: Construction management services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: Sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount Transportation and Circulation 7261- C5100784 100,450.00 Measure M Turnback 7281- C5100784 $ 433,400.00 Jamboree Rd Bridge Widening - Anderson Panne CM Services PSA.doc 05/20/2010 Page 3 Prepared by: Submitted by: Andy Traiti, P.E. t phe Badum Senior Civil Engineer Publ orks Director Attachment: Project Location Map Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ANDERSONPENNA PARTNERS, INC., a California Corporation whose address is 309 Agate Street, Laguna Beach, California, 92651 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to widen Jamboree Road between Bayview Way and MacArthur Boulevard. C. City desires to engage Consultant to provide construction management services for the Jamboree Road Bridge Widening over State Route 73 (`Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be David R. Anderson, Project Manager /Principal. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The i City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Thirty -Three Thousand, Eight Hundred Fifty Dollars and no /100 ($533,850.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Upon successful completion of the Pre - Construction, Constructability Review, as further defined in Task 1.1 in the Scope of Services attached hereto as Exhibit A, Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. E 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DAVID R. ANDERSON to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. ANDY TRAN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated PrVJ L Adiministrator and any other agencies that may have jurisdiction or 5 interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. 7 i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against 7 City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to I 17 ip 19. 2t; perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. INTELLECTUAL PROPER 'If INDEMNITY I The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 10 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: David R. Anderson Andersonpenna 309 Agate Street Laguna Beach, CA 92651 Phone: 949 - 371 -7979 Fax: 949 - 376 -7511 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within as period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to 11 give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION T he terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by 12 reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By. l yn . 0a champ, Assistant Cit ttorney y ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation By: Keith D. Curry, Mayor ANDERSONPENNA: By: Mallory McCamant, Chief Executive Officer By: Angelique Lucero, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 I EXHIBIT A ZA �eoo�--\ ANDERSONTENNA • PARTNERS IN PROJECT DELIVERY. February 18, 2010 City of Newport Beach Public Works Department Attn: Andy Tran, Senior Civil Engineer 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Subject: Proposal to Provide Construction Management Services for the Jamboree Road Bridge Widening Over State Route 73 Project Dear Mr. Tran: AndersonPenna Partners, Inc. has teamed with Benchmark Construction Services, Inc. and NMG Geotechnical, Inc. to provide the City with a comprehensive construction management solution. Our staffing plan includes Dave Anderson, PE as our proposed Project Manager; Richard Hebert, PE as the Resident Engineer, and Lisa M. Perna, PE as Principal -in- charge, supported by experienced personnel trained in safety, inspection, materials testing, and document control. These individuals have been assigned because their qualifications and experience are specifically relevant to the Jamboree Road Bridge Widening project. This project has several issues that the selected construction management team will need to address: • A complex construction phasing plan • Limited staging area /yard area for storing materials and equipment • Traffic management on this heavily travelled road • Caltrans Cooperative Agreement compliance • Staging of SCE relocation • Utility protection and relocations • Bridge foundation with piles and tiebacks • Local business accessibility and signing In addition to the construction management activities during construction, our team is prepared to assist the City immediately with bidability and constructability reviews of the plans, specifications and estimates in order to assist the City with obtaining the most responsive and reliable bids. Our project manager and resident engineer are presently providing this service to the Orange County Transportation Authority for five grade separations, and have substantial experience working with design teams and owners to create effective bidding documents. 668 N. PACIFIC COAST HWY, STE 1401 • LAGUNA BEACH, CA 92651 PHN 949 371 7979 FAX 949 376 7511 WWW,ANDPEN.COM City of Newport Beach February 18, 2010 Page 2 By selecting the AndersonPenna Partners Construction Management Team, the City of Newport Beach will benefit from having local, highly qualified professionals managing this project. Benefits of our team include: • A seasoned Project Manager, who has designed, inspected and provided construction management services on hundreds of bridges. • A Resident Engineer that is experienced with the design, construction and construction management of bridges in accordance with Caltrans standards. • Inspectors that are experienced with Caltrans bridge construction, City civil construction, landscaping and irrigation construction, and City traffic signal construction. • A highly regarded local materials testing firm. • A team that is currently working together on similar projects with complex staging in the Cities of Fullerton, Placentia and Anaheim. The AndersonPenna Team is excited about this opportunity to perform comprehensive construction management services for the City of Newport Beach. Please contact either Ms. Penna at (949) 922 -2800 or Mr. Anderson at (714) 943 -4068 if you have any questions, or wish to schedule an interview. Respectfully submitted, AndersonPenna Partners, Inc. Lisa M. Penna, PE Principal Enclosure AndersonPenna Partners, Inc. David R. Anderson, Project Manager /Principal °p^r 0 0 U CM for Jamboree Bridge Widening over SR 73 Exhibit A Introduction and Project Understanding The City is proposing to use local funds to improve traffic flow on Jamboree Road from Bayview Way to MacArthur Boulevard. The improvements will provide for one additional through travel lane in each direction resulting in 10 lanes total. The project includes: • Widening of the west side of Jamboree Road • Widening of the existing Jamboree bridge over SR -73 • Construction of retaining walls and a stairway adjacent to Back Bay Court • Traffic signal and signing modifications • Reconstruction of raised medians • Landscape and irrigation improvements • Modification and /or protection of existing utilities • Construction of full width bridge approach slabs • Storm drain modifications The City has entered into cooperative agreements with Caltrans for design and construction of the project. These agreements assign responsibilities between the agencies, and provide details regarding project scope, material testing and quality control. Project Status RBF Consulting's (RBF) project design is substantially complete. Caltrans has reviewed and signed the PS &E for the Jamboree Bridge Widening. The roadway design is also complete and ready for City approval. The following is our understanding of the remaining items to complete before advertising of bids: • Coordination with the Back Bay Court owner(s) on their sign relocation • Merging of bridge and roadway technical specifications • Incorporation of the City's boiler plate specifications • Acquiring of additional right -of -way • Procurement of Caltrans' encroachment permit It is also possible that utility rearrangement agreements, resource agency permits and temporary construction easements need to be processed. 1IPage /i ANDERSONTENNA �sa�'eoRr O U S o-� P ���F00.0.� The successful CM team will be required to partner with the design team to prepare the final set of bidding documents. Through the bidability and constructability review to be performed by the AndersonPenna Team, reducing project cost and maintaining or improving the completion schedule will be the primary focus. We are committed to working cooperatively with the City's Design Engineer, RBF, and we have taken the first step to develop this partnership. On February 12, 2010, our Project Manager, Dave Anderson, and Resident Engineer, Rich Hebert, met with RBF's Jamboree Widening designers Paul Young, SE and Stefan Hoffmeister. PE. CM for Jamboree Widening over SR 73 Meeting Minutes February 12, 2010 Jamboree Bridge Widening /Introductory Partnering Session Attendees: David R. Anderson, PE (AndersonPenna), Rich Hebert, PE (Benchmark), Paul R. Young, SE and Stefan Hoffineister, PE (RBF) Rich Hebert and Dave Anderson met with the Jamboree Project roadway and structures designers to get a better understanding of the project. This meeting allowed our team to gain insights to several aspects of the project and identify some potential items to research before the project bid. The following are some specific issues: • Potential reduction of phasing stages related to placement of bridge approach slabs. ✓ Multiple phasing stages increase project costs. High early concrete, night work, and closure of more lanes, could result in fewer phases. • Have CM /City start the coordination with SCE on relocations early to lower the risk of project delays and possible contractor claims. ✓ Coordination with all utility agencies is important. The power relocation work is of particular importance for staging of traffic signal modifications. • The structures and roadway specifications have not been merged. The merging task if done with the CM under contract will allow for the efficient incorporation of project clarifications improving "bidability ". ✓ The CM and the design team can work together early to produce contract documents that will provide the City with improved bids and reduce the exposure to change orders or claims. • Abutment piles could end -up having to be driven to substantially greater depths. The specifications for pile driving payment measurement may want to spell out this possible increase and how it will be handled. ✓ There were no borings taken for the design phase Based on prior geotechnical studies, a layer of dense material exists. Project test piles will determine ultimate pile lengths. The particulars of the design and the project special provisions were discussed. The AndersonPenna Team has worked with RBF in the past and has a good working relationship with the design engineers involved in this project. This established relationship, along with the understanding of the importance of such a partnership, sets us apart from our competitors. The meeting minutes above detail our discussions with the design team. Specific project opportunities have been identified and approaches to implement them for the project's improvement have already been discussed. 2j Page /e ANDERSON • PENNA aaE�"Pp�h 0 0 i= 6 r �GiFOA�P CM for Jamboree Bridge Widening over SR 73 Proposal Contents This proposal responds to the City's RFP for Construction Management Services dated January 22, 2010, which includes: • Preconstruction services • Construction Management services during construction • Materials testing • Post Construction services These services are to be performed maintaining close liaison with the City's Project Manager. The overall schedule for these services is driven by the City's desire to begin construction in the fall of 2010, with the completion of construction by the end of 2011. The following sections of this proposal provide: 1. Firm Qualifications 2. Related Experience 3. Detailed Scope of Services 4. Proposed Master Project Schedule S. Staff Organization, Qualifications and Related Experience 6. Staff Billing Rates An Estimated Fee Schedule is included in a separate sealed envelope. 3j Page /e ANDERSONTENNA ¢`'EWao� 0 0� G _ ? �iiioQ� \P CM forJamboree Bridge Widening over SR 73 Firm Qualifications The AndersonPenna Team consists of three firms that bring unique experience to this project. AndersonPenna Partners, Inc. works with local agencies to deliver projects. Benchmark Construction Services, Inc. brings specialized construction and construction management experience. NMG Geotechnical, Inc. brings local experience and comes highly recommended by the project's current design geotechnical consultant. AndersonPenna Qualifications AndersonPenna Partners, Inc. serves local and regional agencies. We specialize in project delivery, including project management, construction management, inspection, engineering plan review, assessment engineering, and grant writing assistance. AndersonPenna also provides staff augmentation for public works and planning departments. We are a California corporation that has been in business since 2005 (formerly named ARC, Inc.), and are a woman -owned certified small business enterprise. Our principals and staff are experienced with delivering many types of public infrastructure projects and assisting with project finance. Our firm can provide services tailored to your specific needs, such as: project and program management, construction management and inspection, federal compliance for ARRA and other federally funded projects, plan review /plan check, traffic studies and planning, mapping, energy efficiency consulting, structural engineering, water resources engineering, and transportation engineering. Additional services AndersonPenna provides include: financial consulting, impact fees and rate studies, assessment engineering, CFD and assessment district annual administration, reimbursement review of developer constructed infrastructure, and grant administration. Benchmark Construction Services, Inc. Benchmark Construction Services, Inc. (BCS) is a wholly owned subsidiary of C.C. Myers, Inc (CCM), an employee -owned California corporation with 100 employees throughout California. CCM is a highway and bridge- building company established in 1977. With over 30 years of experience, the company has made a name for itself as the "can do" contractor. BCS was conceived as a means of diversifying the core business by offering strong project management, inspection and construction engineering skills. The services provided both to public and private clients include; program and construction management and related services, field inspection, construction engineering design of temporary structures and training for professional staff, inspectors and craft workers. 4)Page ANDERSON • PENNA CM for Jamboree Widening over SR 73 NMG Geotechnical, Inc. NMG provides materials testing services utilizing certified deputy inspectors. Their in -house deputy inspectors provide inspection services for asphalt concrete, Portland Cement concrete, masonry, structural steel, welding, high strength bolts and post- tensioning. All inspectors are cross - trained in geotechnical soil observation and testing. NMG's materials testing services include: • Asphalt Paving Inspection and Testing • Asphalt Batch Plant Inspection • Concrete and Reinforcement Inspection • Concrete Sampling and Testing • Post- Tensioned Slab Inspection • Epoxy Grout Inspection • Bolting and Welding Inspection • Ground and Mortar Sampling and Testing • Masonry Inspection • Soil and Rock Anchor /Tie -back Inspection • Onsite Concrete Compression Testing Other materials inspection and testing can be provided through their network of independent contractors and laboratories. 51 Page /i ANDERSONTENNA a��e�Rr O b 6 3 a CM for Jamboree Bridge Widening over SR 73 Related Experience Owner / Agency: OCTA (sub to Athalye Consulting Services) ��, °-7— I \ { Project Funding: i \ Measure M2 & Prop 18 g- Key Staff: • Dave Anderson, PE Hebert, t •Rich PE • Lisa Perna, PE _ -_ � i Client Contact: Joe Toolson, PE FF – __ J ✓�` (714) 560 -5406 Construction Cost: $140 million Project Schedule: Project Description: Expedited to meet The scope of this project is intended to minimize OCTA's risk in the delivery of five grade funding requirements I separations during design and construction. Both AndersonPenna (Dave Anderson and Lisa Penna) and Benchmark (Rich Hebert) are on the project team; reviewing plans to Scope of Work: ensure they are constructable and clear for bidding purposes. This includes review of construction plans, specifications, and construction cost estimates for each of the five • Risk Analysis grade separations. • Identification of high priority areas of This project is relevant to the Jamboree Bridge Widening RFP because it includes: review 1. Construction phasing review • 35%,65% and 100% 2. Constructability /bidability review plan review 3. Project cost estimate review • Bridge type selection 4. Caltrans design and construction criteria review • Constructabiliry and bidability review 61 Page ANDERSON PENNA � ��PORr J Z �4f00.N`P CM forlamboree Bridge Widening over SR 73 Owner / Agency: • Caltrans • The Valencia Company Xey Staff: Construction Cost: $8,500,000 Project Schedule 18 months Awards 2008 Tranny Finalist, Interchanges Scope of Work: • First interchange Project Description: reconstruction project on 1 -5 corridor in Newhall This project, owned by Newhall Land & Farming Company, was to prepare PR and ED and Final PS &E design documents for the reconstruction improvements to the • First Consultant Design using 1- 5/Valencia Boulevard interchange and provide construction engineering Caltrans Seismic Design assistance. The project was processed through Caltrans, the City of Santa Clarita, Criteria and the County of Los Angeles. The project included bridge reconstruction, the addition of a new direct southbound on -ramp, reconstruction of the two -loop on- • Significant aesthetic ramps, reconstruction and widening of the northbound off -ramp, and an auxiliary enhancements lane in advance of the northbound off -ramp. New signalization was constructed at the termini of the direct off - ramps. Right -of -way acquisition was required. • Construction staging main line freeway to remove existing This project is relevant to the Jamboree Bridge Widening RFP because it includes: bridge 1. Inter - agency agreements • Evaluation and 2. Caltrans bridge modifications Implementation of 3. Roadway widening Nonstandard Architectural 4. Signalization Details 71 Page /i ANDERSONTENNA Owner/ Agency: OCTA / Caltrans Key Staff: • Rich Hebert, P.E. • Joe Peck, P.E. Construction Cost: $487 Million design and construction cost Project Schedule: Substantial completion in 800 calendar days CM for Jamboree Bridge Widening over SR 73 Scope of Work: ' '�, �I • Widened 12 miles of E eastbound and westbound outside shoulders and inside freeway median Project Description: • A total of 33 bridges, 21 widenings, 3 new bridges, The State Route 22 Widening project was the first Design -Build project on an active 9 replacements freeway. The $550 million project widened nearly the entire 12 mile length of the existing Rte 22 freeway. The project was built by the joint- venture team of Granite • A total of 88 retaining Construction, Inc., Rados Construction and C.C. Myers, Inc., parent company of walls and soundwalls Benchmark Construction Services, Inc. including standard cast -in- place, MSE, tie -back and Built in the 1960's, the 22 freeway needed extensive upgrades to accommodate soil nail walls increased traffic volumes. Benchmark staff, working for the parent company, C.C. Myers, Inc. were responsible for management of the structure design efforts • Import 700 tons of backfill including all constructability reviews, field support of the project superintendents, material all field engineer training, design of falsework, column guying and excavation • 240,000 cubic yards of shoring working drawings, review of shop and working drawings and processing PCC pavement RFI's. The project comprised 33 bridges including 21 widenings, 9 replacements and 3 new bridges including cast -in -place pre- stressed box girder and precast • 170,000 tons of asphalt girder bridges, 88 sound and retaining walls (standard and mechanically stabilized pavement embankment) and one drainage pumping plant. • 60,000 linear feet of new This project is relevant to the Jamboree Widening RFP because it includes: drainage pipe and culverts 1. Similar bridge -type widening • 1 new pumping plant with 2. Caltrans standards and coordination 142,250 gallons of storage 3. Retaining walls capacity 4. Widening of City streets involving signal modifications 81 Page z ANDERSONTENNA 0 0 U e.< �gG00.NP CM for Jamboree Bridge Widening over SR 73 9 1 P a g e /i ANDERSONTENNA Owner / Agency: North Coast Railroad Authority Al Key Staff: Pit Dave Anderson, P.E. f Agency Contact Mitch Stegner, Executive Director u (510) 915 -2656 w Construction Cost: $6,000,000, funding through State Grants (TCRP) Project Schedule 14 months Scope of Work: • Assessed needed bridge repairs Project Description: • Obtained permits, conducted Dave Anderson served as the Program Manager for the construction environmental assessments, management of a $6.0 million bridge repair contract awarded to Cooper and bird surveys Crane and Rigging. As PM, Mr. Anderson was responsible for overall • Managed PS &E preparation budget, schedule, and quality oversight. The project funding came from Transportation Congestion Relief Program grant funds approved and • Construction management and allocated by the CTC. AndersonPenna was responsible for the review and inspection responsibilities approval of all contractor change orders and invoices. Extensive coordination was required with Caltrans since they manage the review and • Responsible for project approval imperative to complete the work within budget. The project was documentation, daily reports, completed in January 2010 and it was under budget and on schedule. processing change orders, engineer's analysis of This project is relevant to the Jamboree Bridge Widening RFP because it contractors invoices, includes: identifying and processing submittals, responding to RFI's 1. Caltrans oversight 2. Responsible for funding requirements for budget and schedule 3. Responsible for all contract administration and inspection 9 1 P a g e /i ANDERSONTENNA 4�EW�RT o � U �< /FO Q�`P CM far Jamboree Bridge Widening over SR 73 Scope of Services AndersonPenna will be responsible for Project Management, Construction Management, Contract Administration, Inspection, Construction Engineering, Materials Testing, Quality Assurance /Control Services, and will oversee all Construction and Inspection related services, including coordination with Caltrans. We will act in good faith, as part of the City's team, in the best interest of the City, as an extension of City staff, and to the benefit of the City. Task 1: Pre - Construction Services 1.1 Constructability Review The AndersonPenna Team will evaluate the construction documents for clarity, consistency, completeness, and ease of construction to achieve the overall project objectives. The AndersonPenna Team will review project design documents and provide prioritized recommendations to the City on methods of project delivery, relative feasibility of construction methods, availability of materials, and time requirements for procurement, installation and construction of the project. The review will include all of the items listed in the City's RFP, with the intent of ascertaining whether the project, as depicted in the design documents: (a) accurately and completely reflect the City's Project objectives; and (b) the project design documents are free of errors, omissions, conflicts, or other deficiencies so that the contractor can construct the Project as depicted in the design documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the design documents. A report with findings, recommendations and a summary of the analysis will be provided to the City. A meeting will be held with City staff to explain findings, and determine a forward course of action. 1.2 Bid Evaluation The AndersonPenna Team will assist the City in evaluating the bids received by reviewing and analyzing bid results and preparing the bid summary on behalf of the City. We will also verify the low bid contractors references, bonding, insurance and contractors license status, and make a formal recommendation to be used in the staff report for award of the construction contract to the selected contractor ("Contractor"). 1.3 Review Existing Project Files In preparation for responding to the City's RFP, the AndersonPenna Team has performed a cursory review of the existing project plans and bid documents. Also, our Project Manager and Resident Engineer met with RBPs designers to gain a better understanding of the project. Upon selection, the AndersonPenna Team will perform a thorough review of the project files, and will become familiar with 10)Page ANDERSONTENNA 4e\i�'Po<iT O A U T d. G<,roaN° CM for Jamboree Bridge Widening over SR 73 the City's ordinances, policies, processes and procedures to meet its objectives and provide services and assistance as needed by the Public Works staff. 1.4 Resident Engineer's Project Schedule The AndersonPenna Team will prepare, and provide for the City Project Manager's review and acceptance, a Critical Path Method (CPM) Project Schedule using the critical path items that coordinate and integrate construction management, design support during construction, utility relocation activities, permit agreements, and the City's and Contractor's anticipated construction schedules. We will work with the selected Contractor to optimize the construction schedule. The "Master Project Schedule" will be submitted to the City's Project Manager for acceptance. We have included our draft Master Project Schedule in the next section which demonstrates our understanding of all phases of the project construction. 1.5 Contract Administration (Construction Management Plan) The AndersonPenna Team will work under the direction of the City's Project Manager, and develop and maintain open lines of communication and cooperation with the City as well as other consultants and the Contractor. The AndersonPenna Team will prepare and submit to the City a Construction Management Plan for the Project. Upon City `sx approval of the Construction Management Plan, we will prepare the Construction Management Plan in final form and distribute it to the City's Project Manager and internally to the AndersonPenna Team. The Construction Management Plan will: (1) Set forth a plan for the administration and coordination of all work on both the project and the construction contract: before, during, and after construction, including all of the AndersonPenna Team activities —not just Contractor activities /work. (2) Include a key personnel directory with contact information. We will prepare and maintain an up- to -date communications directory of key AndersonPenna Team staff, the City's Project Manager, city department representatives, state and local regulatory agency representatives, Design Firm contacts, Contractor contacts, subcontractor contacts, and other involved parties. All contact information including titles, agency/business name, address, office and cell phone numbers, fax numbers, e-mail addresses and 24 -hour emergency contact information will be documented and provided to the City. (3) Include the construction schedule developed in Task 1.4 above. 111 Page /s ANDERSONTENNA F�6WPORT O 8 U a.< �(i F00.P�P CM for Jamboree Bridge Widening over SR 73 (4) The AndersonPenna Team will review and become familiar with the project construction cost estimate and compare said estimate to Contractor's eventual bid proposal and schedule of values. Any discrepancies will be brought to the attention of the City's Project Manager upon discovery. We will update and refine the project cost estimate, as well as forecast the total project cost, as construction progresses. AndersonPenna's Project Manager will also advise the City's Project Manager if it appears that any construction cost may exceed the maximum project construction cost established by the City and will make prioritized recommendations for corrective action. (5) Provide guidance for a document and drawing control system in conformance with the City's and Caltrans' requirements. The AndersonPenna Team will coordinate all documents pertaining to the construction of the project including, without limitation, drawings and specifications, bid documents, construction contracts, and general, supplementary and special conditions, etc. as well as all Contractor supplied information for payments, claims, change orders, payments processing, wage rates monitoring, contract compliance, etc. (collectively, the "Contract Documents "). We will use contract administration procedures in conformance with the State's Construction Manual, Local Assistance Procedures and encroachment permits, as required in the July 28, 2009 Cooperative Agreement. The AndersonPenna Team will establish and submit to the City for approval as to form a computerized electronic document tracking system. Contractor's submittals and externally generated documents may be filed and maintained on the electronic document system. Once approved by the City, we will use the approved document tracking system for all contracts through contract closure. Complete hard and soft (DVD) original source files will be provided to the City at the end of this contract, and at any time requested. (6) Safety compliance monitoring procedures. AndersonPenna will develop reporting and compliance monitoring procedures to insure that both the Contractor's traffic control and construction safety plans as well as AndersonPenna's safety procedures are being implemented. (7) Identify needed project materials testing to subsequently be provided in conformance with the State's Construction Manual, Construction Manual Supplement for Local Agency Resident Engineer, Local Agency Structure Representative Guidelines and State's California Test methods, and to be performed by NMG Geotechnical, Inc., which is certified by the State. A materials 12)Pag /i ANDERSON • PENNA �gF00.H�P Fc\�PORT O R, U S CM for Jamboree Bridge Widening over SR 73 testing Quality Assurance Plan (CAP) will be developed for the project based on the Design Engineer's final design and testing recommendations. The GAP will be developed utilizing Caltrans standards and will be reviewed with the City prior to bidding. The Construction Management Plan shall outline the procedures for administering both the project and the construction contract. 1.6 Conduct Pre - construction Meeting The AndersonPenna Team will schedule and conduct a pre- construction conference for the benefit of the City and Contractor to orient the Contractor to the various reporting procedures and site rules prior to commencement of actual construction. At the meeting, AndersonPenna's Project Manager will provide the Contractor with the Construction Management Plan and discuss the role, interaction and communication protocol between the construction Contractor, the AndersonPenna Team, the Design Engineer, the City's staff, and residents /property owners /business owners. We will prepare a sample invoice format for the Contractor to follow and, upon review and acceptance by the City, provide the sample to the Contractor at the pre- construction meeting. The AndersonPenna Team will also conduct construction and progress meetings to discuss such matters as procedures, progress problems, and scheduling. The AndersonPenna Team will prepare and promptly distribute meeting minutes to all parties in attendance, including the City's Project Manager and the Design Engineer. 1.7 Dispute Resolution The AndersonPenna Team will develop an administrative process to establish an outline of dispute resolution with contractor's methodologies, policies and procedures. The process will be reviewed and approved by the City's Project Manager. Task 2: Construction Management Services During Construction The AndersonPenna Team will provide construction management services in accordance with the Caltrans Local Assistance Procedures, Caltrans Construction Manual, and encroachment and other permits. 13 1 PagP .0 ANDERSON-PENNA (1) CM for Jamboree Widening over SR 73 2.1 Project Coordination and Correspondence 2.1.1 Focal point for coordination: The AndersonPenna Team will provide administrative and management services as required to control and coordinate performance of the Contractor's work. In addition we will serve as the focal point for City, Contractor and Design Engineer communications. AndersonPenna intends to manage this project to meet the City's objectives for cost, time, payments, record keeping, compliance with project requirements and applicable policies and regulations, and quality. AndersonPenna will provide sufficient organization, personnel, as well as administration and management to carry out the requirements of the project for those aspects not performed directly by the Contractor. In addition, AndersonPenna shall act as lead point of contact and take, initiate, and expedite all actions necessary to receive, monitor, manage, and resolve to the City Project Manager's satisfaction all project concerns and requests by residents, property owners, businesses, others, and City. 2.1.2 City Project Manager: The AndersonPenna Team will maintain close contact with the City's Project Manager and will copy the City's Project Manager on all correspondence. 2.1.3 Contractor Correspondence: The AndersonPenna Team will handle and process necessary reports and paperwork /filings /change orders /notices of completion /etc. and interact with all City departments including the Finance Department, and other agency(ies)/staff to successfully complete the Project. 2.1.4 Claims Administration: The AndersonPenna Team will perform claims administration, including coordinating and monitoring claims, logging claims, and tracking claims status. 2.2 Schedule Management, Progress Meetings and Reports 2.2.1 Review Construction Schedule: Consistent with the Master Project Schedule distributed to the Contractor, and using the construction schedule provided by the Contractor, the AndersonPenna Team will update the Master Project Schedule weekly incorporating the activities of the Contractor on the Project, including activity sequence and duration, allocation of labor and material, and delivery of materials requiring long lead time procurement. The Contractor will be requested to provide a four week look -ahead schedule each week to be used in preparing and analyzing the weekly schedule. We will also update and reissue the Master Project Schedule as required to show current conditions and revisions required by actual experience. 2.2.2 Schedule and Cost Management: The AndersonPenna Team shall encourage the Contractor to perform at a superior level, and at a minimum we will require performance from the Contractor that meets the satisfaction of the City's Project Manager. We will recommend and carry out approved prioritized courses of action when requirements of a construction contract are not being fulfilled, and the non - performing party will not take satisfactory corrective action. We will 141 Paga /i \ ANDERSON• PENNA (1) CM forlamboree Bridge Widening over SR 73 determine whether the work of the Contractor is being performed in accordance with the requirements of the Contract Documents, and shall guard the City against defects, deficiencies, and delays. The AndersonPenna Team will work to improve the performance and appearance of the project — where feasible. We will also make prioritized recommendations to the Design Engineer and the City and provide special inspections and testing of Work not in accordance with the provisions of the Contract Documents. Further, we will inform the City's Project Manager if there appears to be nonconformance to the Construction Document requirements and if the work should be rejected by the City. We shall review all of the Contractor's recommendations for corrective action on observed non - conforming work. In the event schedule delays are foreseen, we will assist the Contractor in preparing a recovery schedule. Such recovery schedule will reflect the corrective action and extraordinary efforts to be undertaken by the Contractor to recapture lost time and will be distributed to the Contractor, City's Project Manager, Design Engineer and other appropriate parties. 2.2.3 Construction Progress Meetings: The AndersonPenna Team will conduct construction and progress meetings to discuss such matters as procedures, progress problems, and scheduling. We will prepare and promptly distribute meeting minutes to all parties in attendance, including the City's Project Manager and the Design Consultant. We will attend internal and public meetings as required during all phases of construction, including community meetings, site meetings and City meetings as required and directed. We will support the City's Project Manager and City Staff /City Officials by presenting information and answering questions on the details of the nature, scope, and schedule of the project construction and potential impacts of construction activities on the community. It is expected that weekly project construction conference meetings will be held at the 151 Page zd ANDERSONTENNA o e G e. �UF00.� \P CM for Jamboree Bridge Widening over SR 73 project site for the duration of project construction. The meetings will be conducted with a printed agenda that will include at a minimum: • Safety Plan implementation • Four -week look -ahead schedule • Coordination activities with City, Caltrans, utilities and other stakeholders • Project Issues • Quality control and material testing requirements If requested, conduct update meetings for City staff at the City's offices. 2.2.4 Monthly Progress Reports: The AndersonPenna Team will provide monthly status reports in a format acceptable to the City. The reports will describe progress, project issues, cost and schedule status, and a projection of work for the upcoming month. The report will include the results of our inspections and record the progress of the project, and include information on the Contractor, as well as the entire project, showing percentages of completion and the dollar number and amounts of change orders and their affect on the estimated total Project and construction costs. The report will also include a listing of key issues and steps needed to resolve, an update of the project costs and schedule along with actions needed, if any, to stay within budget and schedule, highlight of coordination activities, and listing of any issues requiring City input. AndersonPenna will maintain a daily log containing a record of work done on the site, work accomplished, problems encountered, and other similar relevant data as the City may require. We will ensure that the daily log is available for use and review by the City's Manager. 2.3 Progress Payments and Change Orders 2.3.1 Progress Payments: The AndersonPenna Team will monitor, review, manage and reconcile the Contractor's schedule of values for the purpose of revising and refining the approved estimate of total Project and Construction Cost. Forecasting - We will also perform monthly forecasts of the total project and project construction costs (based on daily record keeping). These forecasts shall be provided to the City's Project Manager. Provide regular monitoring of the approved estimate of construction cost, showing actual costs for activities in progress and estimates for uncompleted tasks. Identify variances between actual and budgeted or estimated costs, and notify the City's Project Manager whenever Project costs are forecast to exceed budgets or estimates, and recommend and implement City agreed corrective actions. 16)Pag o /i ANDERSON • PENNA �ta6WPORT O u s �<ICpPH�P Cm for Jamboree Bridge Widening over SR 73 Records — The AndersonPenna Team will maintain cost accounting records daily on authorized work performed under unit price and percent of lump sum costs, additional work performed on the basis of actual costs of labor and materials, and other work requiring accounting records. Review - Develop and implement procedures for the review and processing of applications for payment by the Contractor for progress and final payments. Make recommendations and provide advice to the City's Project Manager for certification to the City for payment. a. Certify Payment. The AndersonPenna Team will prepare the Certificates for Payments for use by the City in making payment to the Contractor by preparing billing schedules for the City to ensure that the City pays the Contractor only once per month and taking into account any required lead time the City has for payment processing. We will verify, via site inspection, the Contractor's applications for payment. We will prepare a master application for payment which represents the amounts invoiced by the Contractor for the City to review each month. b. Certify Amount. Based on inspections and professional evaluations of each of the Contractor's application for payment, the AndersonPenna Team will review and certify the amounts due to the Contractor. c. Releases. The AndersonPenna Team will ensure that the Contractor sign conditional or unconditional lien releases and waivers (in the form provided in California Civil Code Section 3262), as a condition to processing all certificates for payment. Prevailing Wage — The AndersonPenna Team will manage, monitor, and enforce requirements for minimum, certified and prevailing wage rates, contract compliance issues, and 171 PagP /o \ ANDEMONTENNA CM far Jamboree Bridge Widening over SR 73 apprenticeship and journeyman employment policies and requirements. All concerns regarding these items shall be brought to the City's attention immediately with prioritized recommended solutions for resolution of the items /issues. We will develop and implement procedures for the review and processing of applications by the Contractor for progress and final payments based upon an approved schedule of values. 2.3.2 Change Orders: The AndersonPenna Team in consultation with the City's Project Manager, shall develop an administrative process regarding change orders and other approvals and shall implement Change Order procedures, make submittals, manage purchase orders, review requests for changes, assist in negotiating the Contractor's proposals, submit recommendations to the City's CIP Administrator and the City, and if they are accepted, then prepare, sign, and process change orders for the Contractor's signature and City authorization. The AndersonPenna Team will prepare and distribute change order reports on a monthly basis, or as required, throughout the construction phase. Such reports will provide information pertaining to proposed and executed change orders and their effect on the construction cost. We will maintain logs, files, and other necessary documentation relating to change orders. In the event that any portion of the project cannot be implemented in accordance with the contract drawings and specifications, we will conduct the necessary negotiations with the Contractor to reach agreement on price, completion time, and scope of work to complete that portion of the project. When agreement is reached, we will prepare and process the necessary contract change order documents for approval by the City. The AndersonPenna Team will also perform all necessary processing and coordination for execution of final /balancing change order for final payment as well as release of retention. 2.4 Submittals Management 2.4.1 List of required submittals. The AndersonPenna Team will develop a list of required submittals. It is expected that the submittals will include verification that all required permits and bonds have been obtained by all Trade Contractors and sub - contractors, and maintained 181 Page /i ANDERSON• PENNA 0 m V S ew GG /F00.�`P CM for Jamboree Bridge Widening over SR 73 throughout the life of the project. In addition, initial and ongoing review of required insurance coverages by Trade Contractors and sub - contractors, including the review of additional insured endorsements. 2.4.2 Receive and Process Submittals: The AndersonPenna Team will receive, stamp, and log submittals, review and approve or distribute for review as necessary. The Project Manager and Resident Engineer will lead the engineering review team to perform technical review where required, provide recommendations and comments, and work with the Engineer of Record to approve all shop drawings for permanent construction, working drawings for temporary works and other submittals needed to execute the project. 2.4.3 Monitor Submittals: Monitor the review and return of submittals to the Contractor. 2.4.4 Submittal Distribution List: Develop a submittal distribution list to identify parties responsible for review and acceptance. 2.5 Requests for Information (RFI) 2.5.1 Receive, Process, Monitor RFI's: The AndersonPenna Resident Engineer will receive and review all RFI's, and will transmit to the Design Engineer, as needed, those RFI's regarding the meaning and intent of the drawings and /or the specifications for the Project, and shall assist in the resolution of questions that may arise. We will keep a log of all RFI's including tracking all dates (date submitted, date returned, etc.) and recording all responses to said RFI's. 2.5.2 Prepare Responses to RFI's: The AndersonPenna Resident Engineer will provide construction issue responses in a timely manner to the Contractor, with a copy to the City's Project Manager. 2.5.3 Coordinate and Copy City Project Manager: The AndersonPenna Resident Engineer will work with the Design Engineer to finalize RFI responses related to design, and will provide responses to the Contractor with a copy to the City's Project Manager in a timely manner. 2.5.4 Conduct Meeting to Resolve RFI's: If needed, conduct meetings with the Contractor, City, Design Engineer, and other parties to resolve RFI's. 191Page / ANDERSONTENNA �4roa`�d o m u a CM for Jamboree Bridge Widening over SR 73 2.6 Construction Observation/ Inspection Services 2.6.1a Construction Inspection: Provide construction inspection on an as- needed basis to assure that construction is in compliance with plans and specifications. The AndersonPenna Team will establish and implement a program to inspect, test, and ensure the quantity, quality, and schedule of the construction work for the purpose of protecting the City against deficiencies, defects, and delays in the work provided by the Contractor. a. 71 C. 9 20(Pag The AndersonPenna Team will provide for field inspection of the work performed by the Contractor for compliance with the requirements specified in the construction Contract Documents, as well as local, City, State, Federal, and industry guidelines, standards and requirements. All construction staking is expected to be performed by others. The AndersonPenna Team will take such actions as required to verify that construction is in full accordance with construction surveys and Contract Documents. We will be responsible for "spot checking" and verifying that Contractor is providing adequate survey to properly construct the improvements. Areas of concern should be discussed with representatives from the Design Engineer, the City staff, and AndersonPenna's Resident Engineer to ensure that proper survey (construction staking and monitoring) is being conducted during construction. The AndersonPenna Team will inspect, monitor and enforce Contract Document requirements by providing materials testing, including soils compaction, concrete, asphalt, materials and coatings thicknesses and other materials, and certified special inspectors for special inspections as required. AndersonPenna's geotechnical and testing sub - consultant, NMG Geotechnical Inc. will be expected to perform all materials, manufacturing plant, and soils testing which has not been made the specific responsibility of Caltrans or the Contractor. We will coordinate materials and soils testing requirements with construction scheduling to ensure timely compliance with geotechnical and other design criteria. AndersonPenna's inspectors will provide, complete, organize and maintain Inspector's Daily Reports (IDR's). AndersonPenna's Project Manager shall provide sample copy of IDR's to be used for review and approval by the City's Project Manager. /i ANDERSON PENNA (1) CM far Jamboree Bridge Widening over SR 73 e. AndersonPenna's inspectors shall provide, complete, organize and maintain daily measurements and records of pay item, claim /change order, force account and other work quantities. AndersonPenna's Project Manager shall provide sample copy of all quantities recording forms to be used for review and approval of the City's Project Manager. f. AndersonPenna's inspectors and labor compliance team shall provide, complete, organize and maintain worker interviews, payroll records review and reporting for enforcement of prevailing wage, minimum wage, apprenticeship, and related requirements in compliance with Chapter 8 of the California Department of Transportation Construction Manual. AndersonPenna will be responsible for insuring that the Contractor is administering the labor compliance provisions of the contract. g. AndersonPenna's inspectors shall investigate, monitor, and take necessary actions to address all City, residents, business and property owner's requests to the satisfaction of the City Engineer. AndersonPenna's inspectors shall become familiar with the traffic control plans, construction schedule, construction sequence, and permit requirements from other agencies especially Caltrans District 12. AndersonPenna's inspectors shall prepare various construction grades as required by the project specifications, such as, proposed deck grades, falsework grades, etc. h. li 2.6.1b Geotechnical Services During Construction: Our geotechnical subconsultant, NMG Geotechnical, Inc. (NMG) will provide services based on the following assumptions: General Assumptions a. California Test Method 216/231 testing will be required for testing of backfills and subgrades within the Caltrans right -of -way. b. Observation and testing will be scheduled by the construction manager's field representative and will consist of part-time observation and testing for trench backfill and subgrade preparation, nearly continuous during structural backfill placement and full time during asphalt paving. c. A final report will be required upon completion of observation and testing. d. It is assumed that storm drain trench backfill (within the Caltrans right -of -way) will consist of 211 Page ANDERSON• PENNA U CM for Jamboree Bridge Widening over SR 73 concrete. Our observation and testing for drain line backfill will be very limited. Trench Backfill a. It is assumed that storm drain trench backfill (within the Caltrans right -of -way) will consist of concrete. Our observation and testing for drain line backfill will be very limited. b. The only utility lines noted on the plans were dry utility lines associated with relocation of the street lights along the west side of Jamboree. Approximately 1,200 feet of trench at a depth ranging from 2 to 4 feet is anticipated. c. Irrigation pipelines and sleeves are assumed to be relatively shallow and but will require limited observation and testing on backfill of trenches for the deeper lines. Subgrade a. Subgrade observation and testing will be required for the Abutment 1, Abutment 3, wing wall, and Bent 2 foundations. b. Curb and gutter subgrade — approximately 1,200 feet along the west side of Jamboree. c. Curb for median replacement — approximately 2,000 feet d. Sidewalk subgrade compaction and pre- saturation testing — approximately 1,200 feet e. Local depressions — five total f. Retaining wall foundation subgrade for Retaining Walls 191 and 193 — approximately 300 feet of wall g. Subgrade and aggregate base for lane widening asphalt pavement — approximately 1,200 feet h. Subgrade and aggregate base for asphalt pavement replacement along the median curbs — approximately 2,000 feet L Median paver /concrete pavement subgrade compaction and pre- saturation testing — approximately 200 feet j. Concrete stairway subgrade Structural Backfill a. Backfill around foundations for the abutments and the bent b. Abutment backfill - North and south abutments c. Retaining wall backdrain installation and backfill — approximately 300 feet of wall, backfill ranging from 2 to 5 feet in depth d. Backfill for the wing wall and miscellaneous areas disturbed during abutment construction e. Minor grading to reconstruct slopes in the above areas Asphalt Paving a. Full -time inspection and testing during paving operations b. Four episodes of paving consisting of the following areas • Lane widening north of SR 73 • Lane widening south of SR 73 • Median borders north of SR 73 221Page /o ANDERSON PENNA O CM for Jamboree Bridge Widening over SR 73 • Median borders south of SR 73 The AndersonPenna Team will provide geotechnical engineering office support in the areas of trench excavation and backfill, subgrade preparation, structure backfill, review and response to any City and Caltrans requests. 2.6.2 Coordination of Construction Issues: Construction issues will be coordinated with the City's Project Manager, Caltrans, and the Design Engineer. Task 3: Materials Testing The AndersonPenna Team will provide a certified materials- tester acceptable to the California Department of Transportation to perform soils and materials testing services. For this task, NMG Geotechnical, Inc. will serve in this capacity. Laboratory and field materials testing will be used to ensure that roadway construction work conforms to the Caltrans Construction Manual, specifications, and special provisions for material quality and workmanship. Materials testing must conform to the State's California Test Methods as specified in the Caltrans Manual of Testing. The qualified laboratory must be a participant in the correlation testing program approved by the Caltrans Office of Materials Engineering and Testing Services. The Caltrans Local Assistance Procedures Manual, Chapter 16 describes the correlation testing program, requirements for qualified laboratories, certification of personnel, certificates of compliance, and other issues related to materials testing and inspection. The AndersonPenna Team will submit a list of required tests and compliance certifications to satisfy the requirements for the project. Task 4: Post Construction Services The following activities will be performed as part of closing out the project. Administration. The AndersonPenna Team will manage the turnover of the project to the appropriate City operating unit including contract closeout, management of warranty period activities, and demobilization of AndersonPenna staff with agreed upon plan. Prepare Final Inspections and Deficiency Reports. Upon approximate completion of work for each construction bid package, AndersonPenna's Project Manager will schedule acceptance inspection(s) with 231Page /i ANDERSON•PENNA o � U S d �4xOHH�P CM for Jamboree Bridge Widening over SR 73 the Contractor at approximation times for City staff. The AndersonPenna Team will prepare preliminary and final punch lists and deficiency report listing all items of incomplete work requiring correction or replacement. After issuing punch lists and deficiency reports to the Contractor, the AndersonPenna Team will provide follow up inspection and record the completion or other resolution of all punch list and deficiency work items. Obtain Lien Waivers, Bonds, Guarantees, and Warranties. The AndersonPenna Team will obtain from the Contractor lien waivers, bonds, guarantees, warranties, and other documents required by the Contract Documents for final contract closeout. Prepare Certificates of Acceptance and Substantial Completion. In conjunction with the City's Project Manager and with approval of the City, AndersonPenna shall determine when the Project work is substantially completed. We will prepare the Notice of Substantial Completion to establish the date for the commencement of contract warranty periods and acceptance of maintenance responsibility by the City. AndersonPenna will provide the Contractor with a list of any remaining incomplete work required to be completed prior to Final Completion. Final payment will be recommended once the Certificate of Acceptance and Substantial Completion is approved. Contract Records and Final Report. The AndersonPenna Team will turn over all contract records and documents, including final Record Drawings (As- Builts) to the City and Caltrans. AndersonPenna will provide management of parties needed to complete As- Builts and secure City approval of same. The Record Drawings for the assigned project shall be supplied on full -size plan sheets with neat hand markings in permanent ink showing deviations from the original plans and drawings made during construction, details in the construction not previously shown on such plans or drawings, changes to existing conditions or existing conditions found to differ from those shown on the original plans and drawings, the actual installed position of bridge pilings, box girders, electrical, piping, valves, stub outs, etc. We will prepare and submit to the City a Final Report that summarizes the performance of the Contractor, contract changes including final cost and schedule revisions, and final resolution of significant contract issues. Warranty Coordination. The AndersonPenna Team will establish warranty repair procedures which will include a notification prior to the expiration of warranty period. As problems are identified by the City field staff, we will investigate, document, and, if needed, coordinate required repairs, with the responsible Contractor(s). 24(Pag /i ANDERSON • PENNA U S eu P CM for Jamboree Bridge Widening over SR 73 Project Schedule The following Primavera Master Project Schedule shows the likely sequence of major activities required to complete the project. The preliminary schedule details the construction phases from a contractors' perspective. We are experienced in developing integrated schedules that incorporate all critical Contractor, utility, and agency activities required to successfully complete a project. The following schedule was developed by reviewing each phase of the City's project in detail and includes all major activities required to successfully manage this project. The schedule identifies the likely critical path and near critical path (10 days of float or less) which the AndersonPenna Team will use to: 1. Identify the high risk areas before the project is bid. 2. Allow us to focus resources on these areas during the pre- construction phase of the project. 3. Provides a check schedule to compare with the Contractor's baseline when submitted. After Contractor selection, one of our first tasks will be to assess the Contractor's schedule for submittals that will be necessary to begin early operations and long lead material procurements. We understand the Contractor's sense of urgency, and we will respond in a timely way to any pending submittals, RFI's or other time sensitive issues. Our staff has extensive experience with processing RR's and submittals. The AndersonPenna Team can positively affect the Contractor's schedule by using our proactive approach to all review activities. The construction duration of these projects will be a key issue to the local businesses and residents. Continual monitoring and updating of the schedule is of primary importance. The AndersonPenna Team will use foresight, proactive planning and experience to anticipate potential issues of concern with the Contractor in order to maintain the project critical path. We will prepare a Weekly Statement of Working Days using form CEM -2701 in accordance with the Caltrans Construction Manual and the Standard Specifications. This will identify the controlling operations to the Contractor, provide an evaluation of the progress of the contract, assess the current controlling item of work, and advise the Contractor as to the amount of time remaining on the contract. This weekly report is a key ingredient in maintaining project progress, as it establishes a record of assessment of current project issues and progress. 25)Page /i ANDERSONTENNA Activity Activity Orig Early Early ID Description Dug Start Finish 1 F D F M A Jamboree Road Overcrossing Rt 73 Bubf nit Constru'tion Managemeht Qualifications -. Rdlview CM Qualifications Estimated) IIII-Stlort List Eelectlon (Estimated) of CM Firm ( Estirated) _ AWWCommitted , Review _. r- 4Cily Approval of CM Film OwAquir(, Additional public ROW #EillF�Constl�ructiblllty, RBviewfRevisipns,& RE Schedule . Ali 3cure Caltr)ns Encroachment Permit +Ac vertisellssup Bin Doc ur� rents Bid Feridd AIIIIIIIIIIIIIIIIIII"Prepare Issue Addenda *Bid Opening _ ! *Evaluate Blds /Recommendation to Committee *Award to Lowest Responsive Bidder Contractor Provide Insurance Bon �eTCO L _e r_ ntractor Prepare & Pubmlt se line 'SPre- GOn;tru lion Meetin�j (Estimated) - Reylev!Approve Contractor Bseline Sche ule• , CM Services Hammack 1000 Submit Construction Management Qualifications 0 18FES10 1005 Review CM Qualifications (Estimated) 916FEB10 02MAR10 1007 Short List Selection (Estimated) 0 03MAR10 1010 Interview of CM Firm (Estimated) 0 03MAR10' 1017 Committee Review 20 03NAR10 30MAR10 1020 City Approval of CM Firm 031MAR10' 1022 Aquire Additional Public ROW 25 31MAR10 04MAY10 1030 _ Construclibility Review /Revisions & RE Schedule 25 31MAR10 04MAY10 1035 Procure Caltmns Encroachment Permit 20 05MAY10 02JUN10 1040 Advertise/Issue Bid Documents 0 03JUN10 1050 Bid Period F 30 03JUN10 15JUL10 1060 Prepare & Issue Addenda 3003JUNIO 15JUL10 q 1070 Bid Opening 016JULW 1080 Evaluate BidwRecommendation to Committee 0 16JUL10' 1090 _ Avrdrtl to Lowest Responsive Bidder 0 16JUL10- 1095 Contractor Provide Insurance Bond 55 16JUL10 O10i 1100 Contractor Prepare Submit Baseline Schedule P 5516JUL10 01OCT70 1110 Pre-Construction Meeting (Estimated) 0 13SEP10 1120 Review /Approve Contractor Baseline Schedule 20 040CT10 29OCT10 1130 CM Services Hammock 444' 31MAR10 30DEC11 W low #Issue Corysra_ctor � �� `-'Ty I Told a to Proceeb i Resldont Engineer &P� sorvioes I Mqterlal T sting _ g;Re, iew & Monptor �ontradtor $chadul T. _ _ J L QM I ape d on Service 9R ompiia Amin strdtive Ma a mer(t i. 10000 Issue Contractor Notice to Proceed 0 040CT10 10005 Resident Engineer &PM Services 314 040CT10 30DEC11 10010 CM Material Testing 295 040CT10 02DEC 11 10015 Review & Monitor Contractor Schedule 295 040CT10 02DEC11 10020 CM Inspection Services & Compliance Monitoring 314 040CT10 30DEC11 10025 CM Administrative Management 31404OCT10 30DEC11 A gnM�r' © Primavera Systems, Inc. L Early Bar Progress Bar CriticalActivity Benchmark Construction Services Jamboree Road Overcrossing Rt 73 Proposal Schedule. 4*0 10 BENCHMARK Conslrtrction Services, Inc, , Date Revision 'heckel, rove -- — Activity ID Activity Description Orlg Dur Early Start Early Finish 2 1 F M M N F M A A CMS Contractor Substantial Completion 0 0L �Cpntri{ctor SU(rslajltlal CO plr;tlorY Construction WI, amjnock ( ork;Day$) ' HAMMOCK Construction Hammock (Work Days) 295' 040CT10 0 � ` "$ rr k. � . 'b,• �t�7`a a1, v .,yy 3 Stage 1 (/ /¢onfrector tllobilba4on ~q. poor qubrpittalslApprdvals ;Install Tfaff ,c Controls I AC�.ttuct Jamboree OC Substructure APEIMNPWRetro(it Tieback Wall i 10100 Contractor Mobilization 30 040CT10 15NOV10 10200 Contractor Submittals/Approvals 30 040CT10 15NOV10 e 10300 Install Traffic Controls 5 16NOV10 22NOV10 10400 Construct Jamboree OC Substructure 7023NOV10 04MAR11 10500 Retrofit Tieback Well 7023NOV10 04MAR11 Stage 2 �bonstru�t Jamboree OC ;Superetruclure I 20100 Construct Jamboree OC Superstructure ! 9507MAR11 19JUL11 Stage 3 i, AMMMMWConetruct Retaiing�Wa(Is #191(;183 -. �NViden Jamtfare; Road Mill td I N. �ristcl 30100 Construct Retaining Walls #191 & 193 5507MAR11 20MAY11 30200 Widen Jamboree Road MacArthur to N. Bristol 20 23MAY11 20JUN11 Stage 4 AIIIIIIViliden Jamboree Road 5. Brlstcyto Sta 1.81 40100 Widen Jamboree Road S. Bristol to Sta 181 20 21JUN11 19JUL11 . Stage 6 Al Shlff Trpffictc New Bridge & W(IIdemSB 1WRep�ace'Approaches SB�Jartjboree Jan Road bores 50100 Shift Traffic to New Bridge & Widen SB Jamboree 5 20JULl1 26JULl1 50200 Replace Approaches SB Jamboree Road 15 27JULl1 16AUG11 Stage 6,4L, ff Remove Uisting Medlin J mbbree 183-18$ 80100 Remove Existing Median Jamboree 183 -196 10 17AUG11 30AUG11 Stage 6B __JJ' �IReplace Approac, hes No Jamboree Road Ph 1 60200 Replace Approaches N8 Jamboree Road Ph 1 15 31AUG11 218EP11 Stage? =- - -_- i Rep(ace',Approaphee N$ Jamboree Road Ph 2* i 70100 Replace Approaches NB Jamboree Road Ph 2 15 22SEP11 120CT11 Stage B Reco struct Median & Install "ndscapinqANOW 80100 Reconstruct Median & Install Landscaping 35 130CT11 02DEC11 INIM FN4 wo AWGeneratelMonikor Anil plia R - 1 *ProJeck Ce Pundhksk cord Drawll�Ing &Notice of Info COinplekion nemte/M Oniter Punchlist 35 09NOV11 30DEC11 E:Ere ompile Record Dramng Info 20 02DEC11 30DEC11 10050 Project Cert &Notice of Completion 0 30DEC11 o4�E.waoRT 9 _Critical C9GIF00.tr 0 Primavera Systems, Inc. Early Bar Progress Bar Activity Benchmark Construction Services Jamboree Road Overcrossing Rt 73 Proposal Schedule. �r �f- ��i BEI�CiMARK Const1UdpN Sorvim, Inc. W"W" of CA Myers, hi Date Revision .heck prove AndersonPenna Partners, Inc. Proposed Fee to Provide Construction Management Services for Jamboree Road Bridge Widening over State Route 73 P-11 hive I raemn I X sera Psk Ase- mbb 1 ➢IM,wr W /nnF .1 is, 135 lW 365 is. 13s lr0 1. 130 130 135 is 71 W Task lcPre Construction Aclvkles 1.1 Constructabila, Review 12 10 30 20 8 4 04 13,050 1.2 Bid £valuatkn 2 8:. 8 8 2 28 4,150 1.3 Review E.isin Profea Files a 16 8 a 36 51820 14 ResidercEnlneers Project SUass.l. 1 4 16 4 6 31 4,935 1.5 Contract Administration 12 4 16 10 6 4 52 8,070 1.6:Pnamlos and (saddudPreeanAVctiori Meeting 5 30 6 4 27 4,195 I.7 plzpute Resolution 10 -1.ing Hess) 2 1p 20 4 4 a 2 50 8,160 Subatat HUua Tesk l 10 '38 Be 34 20' IS 44 3fi 12 308 Subtotal Fee Task l 1,590 "es. 14,700 S,4W 3,300 2,340 6'. 4,.60 600 1500 461960 Task 2 :LOnstructlen Mena ementSaar.s OUtln Cunstsudlan 1.1 Project eoordinanon end crams ndenn i.2a Foal polia himOrdlnatlan is 10 117so'. 2, 1.2 Car Project Manager Coordination) la 30 20 30 78 13,530 2.1.3 Contractor COrresondakce 5 20 100 18 143 19,495 2.1.4 maims Adml,laration Assume l daim) 2 4 30 4 4 16 2 42 6,340 2.I Schedule Man en t, Progrtss Meetings and Repanz IAl aeries, On9rvdlnn XMedulq 15 16'. 28' 59 10,195 2.22 Sahedd. and fns Manaement R 20 300 128 0 M 2.23C.Fatadtian Fair., Freesi s 8 16 40 IB 30 112 1 tees.1 22.4 Month) Pro ress Reports 30 20 20 20 70 8,950 2.3 P-.a-P end CM1ange Orders 23.1' Pmfera Paments(VUine 141 a 20 28 5 7a 131 19,695 112 Cheap Orders Assume 61 6 20 20 40 9 95 14,260 2.45ubmate, 2:4.1 List ef Re Wad SUb.M.1, 4.' 16 B 28 3,980 2.4.2 Receive a rd Process SUhmittals 10 16 45 20 91 131500 2.A3 Mdnao1SUbrn.11 20 16:.: 30 20 86 13,400 2.4.45sare rat Dlreibult.n U. 2 20 22 2570 is Requests toe lnlarmetlnn 2.4.1 Receive, Pmttss, Merrier RF14(Assume 20 10. 10' 45 20 85 12,650 2.5.2 Pre, e Re ... ress to Affs(Alanre 20) 10 45 20 75 10,600 2.5.3 COOrdleets and CiayCla, ,Proem Merger 4 20 24 3,340 2.5.4 Conduit Meeting to Resolve RF1'z As,eme 4) 8 a 8 16 40 6.320 1.6 COnstmdlon Ob rmatlon /Ins edloo Services 2A CannN[tlanans aabn 120 800. 920 132,400 Geotechnical Services 0urin tan 50 24 330 11,660 394 45,410 16.2 16.2 caardinadonaf C4nsrvadpn bsuea d Cart I...as - 15 cep: 200 cep 335 46,1>5 subtotal Hours Task 2 20 163 276 24 32 533 51 110 I,Og4 200 90 SO 24 320 31 2,968 subtobtFee Task 2 3,700 30,155 `48,30a '3" Siso 691290 5865 32,Ip 156,600 26,00 10,4W 6,750 2,040 24960 1,550 2,000 4011,730 Task 3: Materials Testh 34,070 e4070 .W Task4 PMtf saaaftlan Seadcas 61 Adminisration R 6 40 56 81090 42 Prepare Final lneections'and Deflcien Rep as - 4 2'. 20 30 4 40 5,390 4.3 Obtain Lien Wavers, Bonds, Guarantees, and Warranties 9 2 16 8 30 4,370 4A a are Certicle, rfAaceparcs and SUbstandalCam tenon - 4 -2 16. 8 30 4,370 4.1 Contract Remrds and Final Report- 8 2 is 6 6 5,410 4:fi Wapa- CaoNinatlon - 4 2 4' a is IB 2,810 subtotal HIers iezk4 8 24 38 112 42 ip 214 Sueass. Fee Taska 1,980. 4040 3.isit - 14S60. 6,3ro Soo 30,430 Tbal Maun 41 225 370' 56 52' 663 ".' 51 120 1,130 300 80 86 34 320 53 3,62 Total Fee 7,M 41,625 66,150 9,280 8,580 86,190 5,865 12,000 169,500 26,000 10,400 11,610 3,040 24,960 2,650 49,230 533,850 �e�EWeORT b e./ �< /FOAL`' CM for Jamboree Bridge Widening over SR 73 Project Team's Experience AndersonPenna has assembled a highly qualified team to perform the City's Jamboree Bridge Widening over SR -73 construction management. Our team will be led by David Anderson, PE as Project Manager. Mr. Anderson has 40 years experience in bridge design, inspection and construction management. He will be the primary contact with the City's Project Manager, will be responsible for the overall delivery of the construction management services, and will prepare the Monthly Progress Reports to the City. Mr. Anderson will be supported by Rich Hebert, PE (Benchmark Construction Services) as Resident Engineer, fulfilling the role as outlined in the Caltrans Construction Manual. He will be supervising the inspectors and materials testing, and will coordinate all activities with the Project Manager. Mr. Hebert has 25 years of experience in the design, construction and construction management industry. Additionally, Mr. Hebert's experience includes the Rte 22 Design -Build project in Orange County California. He was responsible for the coordination of all construction engineering for all structures project wide. "Central Engineering" provided design and review calculations for all temporary structures such as bridge falsework, column guying, excavation shoring as well as determining all field construction grades to build the bridges and walls. Quality Control field inspections were conducted by Central Engineering staff verifying field layout of all phases of structure construction such as piles, bridge abutments and columns, falsework, shoring, retaining walls and sound walls, and placement of rebar and pre- stressed ducts. Mr. Hebert was also responsible for coordination of the structure design effort working directly with the design engineers providing constructability reviews and coordination of RFI processing between the field staff and the design engineers. Additional responsibilities included managing the heavy Document Control efforts required on a Design — Build project which entails processing all agency correspondence, field RFI's, plan distribution, all project submittals and all close — out documentation including project as -built drawings and conditions. Lisa M. Penna, PE is the assigned Principal -in- charge and will be responsible for seeing that the AndersonPenna Team delivers this project to the satisfaction of the City. If necessary, Ms. Penna will serve as the Alternate Project Manager, if Dave Anderson becomes unavailable. Ms. Perna has over 25 years of experience in public works construction and has managed the construction of local projects ranging in value from a few thousand dollars to millions of dollars. She served for two years as the Change Order and Claims Manager for the $10 billion Clean Water Program for the City of San Diego and is currently acting as the Construction Manager on several projects for the City of Laguna Beach. The inspectors assigned to this project include Paul Svocina, PE (Benchmark Construction Services) for structures, Koft Baryeh, PE (Benchmark Construction Services), Todd Nieman, CCM/RCI (AndersonPenna Independent) for civil improvements, Kenny Riggins (AndersonPenna Independent) for 28)PagP ANDERSON • PENNA � 1EW ART O 6� U i Gciconr�� CM for Jamboree Bridge Widening over SR 73 electrical and signal improvements, and Herbert Afbornoz (Benchmark Construction Services) for overall safety. Each of these individuals has substantial experience in their respective specialty areas. Karios Markouizos, PE (NMG Geotechnical) will support the team by participating in the constructability review, and will oversee the materials testing. Mr. Markouizos has 24 years of engineering and management experience in Orange County, including work on the State Route 55 widening, and in the Newport Ridge area. The materials testing will be performed by Shohrooz "Bob" Korimi, PE (NMG Geotechnical), who has 23 years experience on similar projects in Orange and San Diego Counties. Mr. Karimi's experience includes geotechnical engineering, project management and materials testing in the Cities of Newport Beach, Irvine and the County of Orange. Additional support to the team will be provided by Koff Baryeh, PE (Benchmark Construction Services), who in addition to performing structural inspection, will oversee document control. He has 13 years of similar experience for heavy construction projects. Also, Joe Peck is the Team's Schedule Manager, and Vince Pirano is the Team's Estimator, each with over 30 years experience on similar projects. Deborah Cobb (AndersonPenna) will act as the chief labor compliance officer. Debby has over 20 years of experience working with contractors in the public works industry and has extensive background in project management for public works construction. Ms. Cobb recently completed several projects for the City of Irvine where her role included liaison between the City and the contractor on several major development projects. She has also recently attended the highly regarded labor compliance education course presented through the State Water Resources Control Board for training local agency employees and consultants in the methods of state and federal labor compliance. The following Organization Chart illustrates our project team. 29)Page /i ANDERSON • PENNA o m G �<I[00.N`P Organization Chart CM for Jamboree Bridge Widening over SR 73 Legend: The following resumes demonstrate our team members' abilities to perform these services for the City. 301 Page 0 ANDERSON • PENNA � s CXn I J /nom CM for Jamboree Bridge Widening over SR 73 Proposed Billing Rate Schedule The AndersonPenna Team's fee proposal is included in a separate sealed envelope and marked as Exhibit B. Team Member Position Billing Rate C3ar�d, Aiid�isgn..E' : T�ci �altdger $75,%� ` ,, _ Lisa M. Penna, PE Principal -in- charge $185.00 Rh}fiebert�?E.'. $175.00 RbsidextEngineer Paul Svacina, PE Structural Inspector $150.00 Kenny Riggins Signallnspector $ 95.00 Vince Pirano Deborah Cobb I Shahrooz Karimi. PE Geotech Technician Estimator Labor Compliance POWWOW Material Testing I&ANW4 Material Testina $115.00 $ 78.00 /i ANDEMONTENNA