DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 16, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works tff
Shadi Sarni, Principal Civil Engineer, Public Works 55
(858) 668-4717 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement between the City of Poway and Butier Engineering, Inc. for Construction Management and Inspection Services for the Clearwell Replacement Project, RFP No. 23-01 O
To improve the reliability, redundancy and resiliency of the City of Poway's (City) potable water system, the City embarked on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes bypassing the ten (10) million gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant to enable its replacement; replacing the Clearwell with two four-million-gallon prestressed concrete tanks; and establishing a new San Diego County Water Authority treated water connection including a flow control facility, a turnout structure, a pump station, a forebay and a redundant transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road.
The Program has been discussed at City Council meetings on several occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021; June 1, 2021; July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; and February 7, 2023.
The Clearwell Bypass Project, which was completed in September 2022, consists of above and below ground pipelines, a temporary pump station, a temporary pressure regulating station and two temporary bolted-steel tanks. This infrastructure has enabled bypassing the existing Clearwell and has facilitated taking it offline for replacement. The bypass system was tested and has been successfully operating since November 2022. The Clearwell has been taken offline, which has enabled geotechnical testing of the soil underneath it.
The Clearwell Replacement Project will replace the aging reservoir with two four-million-gallon circular prestressed concrete tanks. The dual tanks provide redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs while the other provides continuous, uninterrupted service. The prestressed concrete tanks also provide superior quality and a longer 1 of 28
May 16, 2023, Item #10
asset life. With this project, the overflow structure will also be brought to industry standards with proper air gaps, per the mutual agreement with the State Division of Drinking Water.
The design was finalized and the project advertised for bids on May 11, 2023. The targeted construction start date is Summer 2023 and the targeted construction end date is Fall 2025. Once construction is completed and the Clearwell is operational, the temporary bypass facilities will be removed and the softball field will be restored to its original condition.
Discussion:
On December 1, 2022, Request for Proposals (RFPs) were posted for construction management and inspection services of the Clearwell Replacement Project (RFP 23-010). Six proposals were received on February 1, 2023. The proposals were received from Butier Engineering, Inc., Capo Projects Group, Dudek, Hoch Consulting, Kennedy/Jenks Consultants, Inc., and Lee+Ro Water Infrastructure Engineers.
Engineering Consulting Firm Fee Proposal
Butier Engineering, Inc. $2,641,012.00
Capo Project Group $3,799,836.90
Dudek No fee proposal was submitted
Hoch Consulting $1,855,709.88
Kennedy/Jenks Consultants, Inc. $2,795,529.00
Lee+Ro Water Infrastructure Engineers $2,499,346.00
The proposals were evaluated by a panel that consisted of staff and consultants. Professional services contracts are not subject to the low bid criteria and are selected based on qualifications. Therefore, the two consulting firms that most closely met the selection criteria, Butier Engineering, Inc., and Kennedy/Jenks Consultants, Inc., were invited to interview on March 22, 2023. The interview panel consisted of staff and consultants. Butier Engineering, Inc., was selected by the interview panel as the most qualified engineering consultant to perform the construction management and inspection work.
The construction management and inspection services will be implemented according to the scope of services and fee schedule in the Consultant Agreement (Attachment A), for a not-to-exceed fee of $2,641,012.00. This amount is approximately 6% of the total project budget.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement with Butier Engineering, Inc., for construction management and inspection services for the Clearwell Replacement Project in the amount of $2,641,012.00, per the outlined terms of the Consultant Agreement and authorize the· City Manager to execute the necessary documents.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of28
May 16, 2023, Item #10
Fiscal Impact:
Sufficient funds are budgeted in the Capital Improvement Fund Program Clearwell Replacement Project (Project WTR0027) for this request. This project will be funded with the proceeds of a planned 2023 Water Revenue Bond issuance that is scheduled to be brought before the City Council for authorization on July 18, 2023.
Public Notification:
None.
Attachments:
A. Consultant Agreement with Butier Engineering, Inc.
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
May 16, 2023, Item #10
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of May, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Butier Engineering Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform full service professional construction management and inspection services for the Clearwell Replacement Project (Project);
WHEREAS, Consultant is a construction management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 4of28 ATTACHMENT A
May 16, 2023, Item #10
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of28 2
May 16, 2023, Item #10
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Eric Heidemann, Director of Public Works
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
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May 16, 2023, Item #10
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses 1 Permits 1 Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
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May 16, 2023, Item #10
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuantto this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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May 16, 2023, Item #10
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become membe.rs of CalPERS while providing services to City . . 9 of 28 6
May 16, 2023, Item #10
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severa bi lity.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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May 16, 2023, Item #10
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-------------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:_ (Jt,._ 1vfdt=-__
Alan Fenstermacher, City Attorney
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CONSULTANT
8 By:-----------
Mark M. Butier Jr., President/CFO
Date: ___________ _
May 16, 2023, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the professional construction management and inspection services further described in the Scope of Services, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals, which are included in this document as Attachment 2. Total fee is not to exceed $2,641,012.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 17, 2023, and ending August 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
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May 16, 2023, Item #10
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
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City of Poway
P.O. Box 789
Poway, CA 92074
Butier Engineering, Inc.
17822 E. 17th Street, Suite 404
Tustin, CA 92780
May 16, 2023, Item #10
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 16, 2023, Item #10
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 12 May 16, 2023, Item #10
Cal Gov Code § 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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ATTACHMENT 1
·' .
SECTION D. :·,i.
Scope of Work ·. ~
A. Managing Personnel & Resources
We have assembled a project team based on the City's
technical, environmental, economic, and political needs. Mark Butier will perform as Butier's Project Director, serving as a primary point of contact to the City and assisting our Senior Construction Manager with coordinating technical resources to meet the requirements of the Clearwell Replacement
Project. He will meet with the City's representatives at key project milestones, as appropriate.
Our proposed Senior Construction Manager Joe Blum,
Field Engineer Chandler Cartolano, and Lead Inspector
Bill Baker will be assigned at the field level to manage daily site activities . Mr. Blum will work closely with the City's representative, manage the on-site staff, and will bear overall contract responsibility. He will have full access to civil, mechanical, electrical, structural , instrumentation and control engineers , and specialty inspectors through Butier's in-house staff and teaming arrangements with Ninyo & Moore and ON SITE Technical Services.
B. Proven Proiect Control System
Project management and inspection responsibilities
will be handled individually by the project team member best experienced to provide the needed service. This
approach is crit ical for the Owner's defense in the event of project claims . It is also a more efficient use of contract administration budgets by matching staff skills to project needs.
Butier does not assign inspection staff to perform project document controls; rather, inspectors are focused on
implementing the QA/QC program and reports required to
document daily activity. Likewise, all project documentation (submittals, RFls, changes, as-builts, transmittals, etc.) is the responsibility of the Field Engineer.
Butier's project team is structured to provide for disciplined layers of quality assurance. The construction managemen t team is always vigilant during pre-construction,
construction , and startup to meticulously document project activities, and to minimize contrac tor claims .
ELEMENTS OF
PROJECT CONTROL
Cost Control Sclledule Control
Butier will use a project control system
consisting of the following elements that will
provide QA/ QC procedures and guidelines
in the successful executio n of the Clearwell
Replacemen t Project. Our team's ability to
manage relat ionships with members of
the Project team wilt also be essential to
minimize conflicts and keeping the same
goals In mind.
1. Cost & Schedule Controls
Change management
and pricing; force
account traclung; ancl
estimat ing
QA/QC Control
Respond to RFls; field
documentation of site materials:
daily progress reports: re~iew as
t:>uill drawings: and pennits &
regulatory agency requirements
Schedule Review;
variances addressed at
progress meetings; aml
•1ariance identification /
analysis init iates recovery
CM Manual
CM organization; roles and
responsibilities: reporting
relation ships; commun ication
re(luirements; . and construction
management procedures
While the CM Team's ability to meet schedule milestones will be important for meeting the overall goals of the project, their ability to monitor and manage the Contractor's performance will be critical to minimizing problems during construction.
Contractor schedule requirements will be specified in
Butier utilizes Oracle Primave ra PG to provide resource loaded schedules, which are the basis for evaluating
performance and identifying if potential problems will occur.
The Contractor will be required to submit a detailed resource loaded schedule for acceptance by the City. The Contractor is then required to provide timely, detailed status information as the work progresses. The Butier Team will project future performance through trend analysis and evaluate the
Contractor's actual performance by comparing actual qualities completed versus planned. The primary resource loading for the contract documents based on project needs. Such
requirements include substantial completion deadlines and interim and final completion dates .
BUTIER
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14 May 16, 2023, Item #10
these evaluations includes cost (dollars); workforce hours (by craft); quantity of work (CY, LF, etc.); and equipment listing.
Accurate two-week look ahead schedules are a key
component to keeping activities ongoing and in the forefront of the Contractor and Owner's representatives' minds. Butier's Senior Construction Manager will conduct weekly meetings to discuss look-ahead schedules, projecting critical milestones and items needing resolution. Workshops will be conducted to resolve outstanding issues, if needed.
Recovery plans are required whenever the Contractor falls significantly behind
City of Poway, Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
input data and check calculations; review drawings,
specifications , technical reports, memos, and
meeting minutes ; perform constructability, operability, maintainability, and usability reviews; and review design for compliance with safety standards.
3. CM Communications Manual
The Senior CM will prepare an abbreviated CM
Communications Manual to be approved by the City. The
manual will include project
correspondence in accordance
schedule. These plans
should address mitigation
efforts such as additional
ADDING VALUE WITH
with the City's document
formatting standards. It will
integrate the interdependent
roles of the City, Construction crews, additional shifts, or developing work-around
schedules that move the
delayed activity off the
critical path so that its
completion will not affect
critical milestones .
2. QA/ QC Plan
Butier's Construction Management Team will utilize a
spreadsheet to track all hours billed, broken down by labor classification . This cost track ing system has proven to be effective in controlling costs for recent projects, including Santa Margarita Water District's $93 .3 mllllo n Trampas Canyon Dam and Reservoir and Trampas Recycled Water
Pump Statio n Projects .
Manager, Engineer, and
Contractor through all phases
of the work. The Manual will
include, at a minimum, the
following items:
Project Organization :
assignments, responsibilities,
lines of communication, and
methods for interfacing with The Butier Team will
develop a QA/QC plan for the Clearwell Replacement Project.
A sample of Butier Corporate QC Manual (ISO 9000
compliant) is provided on the enclosed Flash Drive.
The QA/ QC Plan will reflect a set of objectives defined by City staff and assigned construction management and inspection personnel. The Plan will provide City staff with a format for measuring policy objectives. In the future, the information derived can serve as a template for how the City can best utilize consultant staff to meet its short-term construct ion needs. The Plan includes the overall project QC procedures, as well as a comprehensive plan for testing , inspection, and documenting Contractor compliance with the construction contract documents.
Quality Assurance- Procedures or actions to be
confirmed include the following: CM Plan: specific QA/QC requirements; submittal process plan; document control
and file management plan; identification of City apprnvals at milestones and control of field data; control of testing to determine validity and accuracy of data collected in the field; calibration ancl testing of equipment; identification of the need for corrective action; and auditing to verify compliance.
Quality Control-Activities to be verified for the work
include review by the quality control team: identification and compliance with applicable codes, ordinances,
permits, environmental requirements, etc.: review
team members
Meeting and Notice Procedures : Schedules, notices,
agendas, reporting procedures, documentation
requirements, and timely acceptance processes
Contract Administration : Description of control systems and procedures utilizing Procore for performing and
documenting submittal reviews, RFls, change orders,
claims, and closeout activities
C. Scope of Work
The Butier Team understands that the City is seeking
a qualified consulting firm to provide project contract administration and compliance, construction schedule and change management, submittals reviews, progress payment recommendations, general and specialty construction
inspections, soils and materials testing, and post construction services. Based on our review of the RFP and project
documents, we developed the following scope of work and methodology, outlining our team's project delivery approach.
BLITIER Page 10 D. SCOPE OF WORK
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May 16, 2023, Item #10
TASK 1 - PRECONSTRUCTION SERVICES
1.1 Kick-Off Meeting
Prior to the start of construction, the Senior CM will conduct a kick-off meeting with the City, City's Program Manager, the Design Engineer, and all project stakeholders to become familiar with the scope of work and the City's CM Procedures.
The Butier Team will present its construction management plan, including communication protocols and templates proposed for use while admin istering the construction contract.
City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Proj ect No. WTR0027)
Workflow routing will be created based on each specific document requiring review. The Designer will receive
applicable documents for review; however, there will be documents that require City Engineering or Operations input.
Appropriate review times for reviewers will be established based on contractual timelines-and more importantly
needs in the field for schedule advancement. Follow up
communication will be implemented as necessary .
Addit ionally, Procore can be configured to display the latest Primavera PG construction project schedule and weather
1.2 Review Construction
Documents
The Butier Team will review the
plans ancl spec 1ficatio11s. p1·ior
to the pre-construction meet ing
to determine if ambigu ities,
errors, omissions. or conflicts
exist. These conflicts will b1e
documented and brought to the
attention of the City for review
and action to revise, clarify, or to
provide add itional data prior to
start of construction .
.
•
information, both current and
forecast. At the con cl us ion
of the project, project-related
documentation will be converted
to PDF format and distributed to
the appropr iate parties .
1.3 Pre-Construction Survey
The Senior CM and Field
Inspectors will perform a pre
construction site video survey
with the Contractor prior to the
NTP. The video will document
the existing condition of all areas
that will be impacted by construction. The Butier Team will also take digital photographs to document the existing conditions.
The survey documentation will be uploaded to Procore.
1.4 Construction Phasing and Sequencing
The Senior CM and Lead Inspector will perform review
construction phasing, staging plans, and other pertinent information related to mobilization and first steps and propose revisions for construction, as necessary . They will analyze sequencing of operations to be performed during construction .
1.5 Document Control & Tracking
The Butier Team has been utilizing Procore as its main
document control system for over seven (7) years. Our
Document Controls Specialist will create the Clearwell
Replacement Project in Procore within 1-2 days, and the Senior CM will manage all aspects to ensure clear and
organized project files are kept up to date. The system inherent ly tracks submittals and RFls and sends alerts to reviewers within the workflo w and provides 24/ 7 team access to all documents.
1.6 Project Correspondence
and Communication
The Senior CM will establish a
communication protocol with
all project stakeholders at the
commencement of the project.
The Senior CM will provide
written correspondence to
the Contractor as necessary
to manage the project in an
efficient and timely manner and
in accordance with the contract
documents. All correspondence
will be issued through the
electronic document control system.
1. 7 Resolving Conflicts and Dispute Resolution
As stated previously, the Senior CM will prepare an
abbreviated CM Communications Manual that will include
project correspondence in accordance with the City's
document formatting standards . It will integrate the
interdependent roles of the City, Construction Manager, Engineer, and Contractor through all phases of the work. The CM Communications Manual will help prevent conflicts and providing work directives. In addition, the Project Director will work with the Senior CM in develop ing methods for dispute resolution and establishing a positive working relationship with the Contractor, and overall communication protocols .
1.8 Pre-Construction Meeting
The Butier Team will schedule and facilitate a pre-construction meeting with the City, the Design Engineer, the Contractor, affected utility companies and other critical project
stakeholders. The project team will outline the following to the Contra ctor: contract administration guidelines, contractual roles , reinforcement of specific requirements for safety, traffic BUTIER Page 11 D. SCOPE OF WORK
' ,',"
19 of 28 16
May 16, 2023, Item #10
access, and coordination issues for the work. The Senior CM will provide a meeting agenda 5 days in advance of the meeting and transmit meeting minutes to all attendees within 3 business days .
1.9 Pre-Construction Scheduling Meeting
The Senior CM will facilitate a meeting with the City's Project Manager and the Contractor to discuss the scheduling
specificat ion requirements and format. The meeting will facilitate timely submittal, review, and approval of the Contractor 's Baseline Schedule and help to reduce the
number of resubmittals. The Senior CM will prepare an agenda 5 business days prior to the meeting and submit to the City for approval. The Senior CM will distribute meeting minutes to all attendees within 3 business days of the meeting.
1.10 Progress Payments
The Senior CM will develop Contractor progress payment
procedures and other construction management procedural items for approval by City
(e.g., daily inspection reports,
RFI response, log sheets,
etc.).
SAMPLE
City of Poway, Public Works Department
Construction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)
TASK 2 - CONSTRUCTION SERVICES
2.1 Field Office Mobilization & Equipment
The Senior PM and Field Engineer will coordinate and oversee the setup, occupancy, and use of an on-site field office provided by the Contractor. The Butier Team will provide all office furnishings , equipment. vehicles, laboratory and field testing equipment, radios, materials, tools , inspection gear, cameras and film, paper, offi ce supplies, and all other items as required, providing suitable work facilities and materials, as necessary, for the CM team .
2.2 Contract Administration & Communication
As stated previously, the Senior CM will provide contract administration as an agent of the City and establish and implement coordination and communication procedures
among the Contractor, City and the Design Engineer.
2.3 Coordinate with City Contracted Consultants
The Senior CM will act as
the City's main point of
contact for coordinating
1.11 Safety
The Senior CM and Field
Inspectors will monitor the
Contractors ' work practices
to ensure that all safety
requirements are met. The
Butier can tailor monthly reports to any proJect ·based on the scope of work and need. Please refer to Section G.
Project Experience on the enclosed Flash Drive for the
City of Anaheim's Nohl Canyon Water Storage Tank Project Final Project Report prepared by Senior Constr uction
M anag er Joe Blum.
and assisting as necessary
with contractors , surveyors,
material testers. the Design
Engineer, utility companies,
other agencies, and
other part ies. He will be
responsible for the following:
Senior CM will review the
Contractor's Injury and Illness Prevention Plan (IIPP) and Job Hazard Analyses (JHA), and will observe the Contractor's work to ensure conformance with OSHA requirements. The
Senior CM will promptly notify the Contractor and the City's Project Manager of any observed safety violations. In addition, the Senior CM and Lead Field Inspector will attend the
Contractor's weekly safety meeting, follow the Contractor's safety program, and offer suggestions where warranted.
Our personnel will actively evaluate site construction
operations and any hazardous conditions that are present, evaluate construction work zone staging, monitor work safety, and actively manage access during construction operations
1.12 Permits
The Butier Team will ensure that the Contractor has obtained all permits necessary for the performance of the work and that all permit conditions are met by the Contractor. The Team will also monitor the Contractor 's traffic control system to ensure the traffic control is properly maintained in accordance with contract documents .
a. Correspondence :
Maintain close contact with
the City Project Manager, City Program Management Firm, and the Design Engineering firm on all correspondence.
Coordinate with applicable parties to assist in developing responses to all City and Contractor correspondence.
b. Weekly Construction Progress & Other Meetings :
C.
Schedule and facil itate weekly progress meetings with
the City and the Contractor and attend construction
meetings with other projects in the vicinity, as necessary.
The Field Engineer will prepare and distribute an agenda and meeting minutes utilizing approved templates .
Meetings will discuss the schedul e, near-term activities, COs, submittals and RFls, site safety, job issues, and
actions requiring clarification of design intent, ambiguities in contract documents, and other key issues. Action
monitoring will be implemented to ensure compliance and timely response by all parties .
Labor Compliance : Ensure labor compliance
requirements stated in the specifi cations are adhered
to. The Senior CM will ensure timely submittal of all DIR required documents by the Contractor .
BUTIER Page 12 D. SCOPE OF WORK
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May 16, 2023, Item #10
d. Monthly Construction Progress Reports : The Butier
Team can tailor the report to exactly what the City
would like to see. Monthly written status reports will be prepared by the Senior CM and Field Engineer, providing an overview to the City of the project details. This will include project costs to date, citing the status of time and costs associated with the project, reconciliation of contract time, work progress, and manpower usage by
the Contractor. Included at a minimum will be progress
over the past month (including progress photos), contract budget status, change order status, RFI status, schedule status, log of submittals, and man-hour utilization reports.
Please refer to Section G. Project Experience on the
enclosed Flash Drive for a sample report prepared by
Senior CM Joe Blum .
e. Construction Documents and Correspondence : Maintain a digital copy of all contracts, drawings, specifications, addenda, change orders and other modifications, marked
currently to record changes and selections made during
construction, and in addition, approved shop drawings,
product data, samples and similar required submittals.
Make all such records access available to the Design
Engineer and upon completion of the Project delivered to the City in PDF format generated by Procore.
f. Record Drawings : The Senior CM and Lead Inspector
will review the Contractor's record drawings on a weekly basis to ensure they are up to date and accurate. The CM Team will review the record drawings at the end of each month prior to approving the monthly progress payment
request. The Senior CM will also maintain an independent reproducible set of as-built drawings, on which all design changes and field adjustments are made in ink by the
Contractor (or preferably digital markups) to reflect
construction conditions recorded and observed.
2.4 Construction Schedule Management
The Butier Team will utilize Primavera Project Planner (P6) to perform schedule reviews. The CM and Senior Scheduler will review the Project Baseline Schedule for conformance with the Contract Documents, for feasibility of the activity sequences and durations, and for conflicts with staging and traffic management plans, and provide feedback. They will confirm the Project Baseline Schedule contains all project tasks; including, but not limited to all project submittals, products and materials procurement, inspection requests, and construction, installation, and inspection activities.
The Senior CM and Senior Scheduler will evaluate and monitor the Contractor's Baseline Schedule, weekly look-ahead
schedules, monthly schedule updates, Time Impact Analyses (TIAs), schedule revisions, and as-built schedule submittals.
They will prepare a Weekly Statement of Working Days
(WSWD) report and send to the Contractor on a weekly basis.
City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
The WSWD will include all the typical industry standard project work time tracking information.
In addition, the Senior CM and Senior Scheduler will work closely with the City Project Manager and City's Program Management Firm to analyze and negotiate time extensions due to change orders and other delays, and make
recommendations to the City Project Manager. The will update the overall project schedules to reflect actual progress and changes. Slippage of any contract activities on the critical path, as well as time sequence problems, will be identified early so that the Team may take corrective action, if possible.
The Contractor should be required to re-evaluate the logic of their original schedules and resubmit revised planning should the original plan be ineffective or not followed. Contractor time extensions must be supported by critical path impacts on the approved baseline schedules.
2.5 Progress Payment Recommendations
The Senior CM will review and approve the Contractor's
Schedule of Values at the commencement of the project and will ensure that the Schedule of Values contains sufficient detail to track the progress of the work and to facilitate approval of the Contractor's monthly pay requests.
He will receive, check, and verify all Contractor monthly progress payment requests and other project-related invoices are based upon the cost-loaded schedule. The progress
payment worksheet will be based on an approved schedule of values. Progress pay requests will be checked against the approved schedule of assigned values and actual in place quantities verified at the end of the pay period. The pay request format will be established by the project team to expedite checking, processing, and subsequent updating of project budgets and cost projections and forwarded to the City's Project Manager for approval and payment to the Contractor.
a. Monitor the approved overall project budget and show actual costs for activities in progress and estimates
for uncompleted tasks by way_ of comparison with such
approved overall project budget.
b. Develop cash flow reports and forecasts for the Project and advise the City as to variances between actual and
budgeted or estimated costs.
c. Maintain accounting records on authorized work
performed under unit costs, additional work performed on the basis of actual costs of labor and materials, and other work requiring accounting records.
d. Prepare monthly progress payment recommendations by
measuring and tabulating contract quantities, verifying material tickets, reviewing the Contractor's invoices,
verifying completed work, approving all quantities,
and assisting with Contractor meetings to resolve any
BUTIER Page 13 D. SCOPE OF WORK
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21 of 28 18
May 16, 2023, Item #10
differences in percent complete.
e. Review and certify the quantities and amounts submitted with Contractor's monthly progress payment request and
analyze differences over amount.
f. Prepare a Project application for payment based on the Contractol'°s Certificate for Payment. The Consulta nt's application for payment will constitute a representation to the City, based on the Consultant's determinations
at the site and on the data comprising the Contractor's cert ificate fo1· payrnent. that, to the best of the
Consultant's knowledge, information and belief, the
work has progressed to the point indicated and the
quality of the work is in accordance with the Contract
Documents. The foregoing representations are subject
to an evaluation of the work of conformance with the
Contract Documents upon substantial completion, to
results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable prior to comp letion and to specifi c qualificatio ns exp1·essecl by the Consultant. The issuance of a Ce1·tificate for Payme11t will further constitute a representation that the Contractor is entitled to pay111ent in the amount certified.
g. Sub111it 111onthly Certificate for Payme11t package to the City Project Manager for payment processing with supporting
docu111ents, including quantity ve1·ification sheets.
h. Confi rm the submitta l of a Conditional Waiver ancl Release form with the applicable monthly progress payment
request and upon final payment 1·equest.
2.6 Request for Information (RFI) and Submittals
Using Procore , a computerized systematic tracking procedure will be established by the Senior CM for timely submittal review and processing of shop drawings with means for
acceleratio n of review possib le fo r significant critica l controlling shop drawings. In meeting the City's internal timeframes, submittals will be processed on a one-week
turnaround basis or sooner. Submittal tracking will be
introduced into Procore and status of submittals will be known at all times. This system will be coordinated with the Contractor per contract document requirements. The Senior CM will provide limited reviews as shop drawings are received during the construction phase and provide recommendations and review comments supplemented by City staff.
In addition, the Senior CM will distribute all submittals to the City Project Manager and appropriate City staff, as necessary, and track responses . He will ensure that all deferred
submittals called for in the Special Provisions are submitted in a timely manner for review by the Design Engineer and subsequently submitted to the City's Building Division for permit/plan check.
City of Poway, Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
The Senior CM will coordinate the RFI review process and route all RFls to the appropriate reviewer. The documentation will be logged, tracked, maintained, and organized in Procore in PDF format. All responses will be monitored with suspense action dates and follow-up procedures implemented to
ensure timely action by all parties to project issues including input from City staff. Should the Contractor deem the RFI response has created a change in scope and a change order is requested, the Senior CM will obtain approval of the City's Project Manager prior to issuing a change order authorization.
The Senior CM will send technical design-related RFls to the
OUR MAIN FOCUS IS
Butier's main focus is claims avoidance and mitigation .
We view a proactive approach to construction
management as the best defense to minimize the risk
for change orders and claims. This approach begins
during the constructability review stage and continues
throughout construction to the startup of facilities. In our 46-year history, we have completed all of our contracts without litigation .
Design Engineer and the City Project Manager, and process response to Contractor in a timely manner. He will attend meetings with the City Project Manager, Contractor and other parties, as needed, to discuss and resolve any outstanding RFls.
2.7 Contract Change Orders (CCO)
The Senior CM will have no authority to issue changes or modifications to the contract documents . He will track, document, and negotiate all changes for added costs or
credits with the Contractor and evaluate all schedule impacts of changes. The Senior CM will advise the City's Project Manager of equitable cost and time adjustments for proposed or authorized changes including credits, if any that are due.
The Senior CM and support staff will evaluate all claims by the Contractor seeking additional costs or additional time for contract modifications . The documentation of claims issues are included in the Document Control System and provide the CM Team with detailed data for determining the validity of all requests. The Senior CM will assess whether the claim is merited and make recommendations on resolution or denial of claimed costs. The Senior CM will identify, prepare, log and monitor all Contractor claims or changes and will prepare a position paper setting forth the contractual basis of the change order entitlement, background leading to the request for potential change order, possible resolution to change requests , and recommendations for the City's decision.
BUTIER Page 14 D. SCOPE OF WORK
22 of 28 19
May 16, 2023, Item #10
City of Poway, Public Works Department
Constru ction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)
2.8 Construction Observation/Inspection Services conditions, change order and claim items, and any special or unique conditions as they arise. The photographic
library will be turned over to the City at the completion of the construction cont ract.
Butier's Lead Inspector and supplemental inspectors will make all reasonable efforts to protect the City against defects and deficiencies in the work of tl1e Contractor and ensure compliance with provisions of the Contract Documents,
Permits, Contract Change Orders, and ensure environmental requirements are being fulfilled during all phases of work. f. Verify layout of temporary formwork, falsework,
reinforcement, templates, shoring, trenching, alignment, grade, elevation, size and location of improvements, etc ., prior to the beginning of the permanent work; including, but not limited to foundations, walls, columns, slabs,
retaining structures, vaults, pipelines, conduits, pavement and flatwork, and ancillary facilit ies.
a.
b.
d.
e.
Provide day-to-day on-the-job observation/inspection
of all construction work on the Project over a 3O-day
preconstruction period and over the entire construction period, including full-
time inspector(s) and
as needed specialty
inspector(s).
FIELD QA/ QC IS VITAL TO
g. Maintain records of
building or structure layout
lines, elevations of the bottom
of footings, floor levels and
key si te elevat ions certified Coordinate and monitor
Contractor 's operations
with subcontractor
trades, suppliers, utili ty
companies, neighboring
residents and other
affected parties.
Communication with
neighboring residents will
be done by the City.
Coordinate the sequence
of construction in areas
The intent of field inspect ion is to fo llow estab lished QA/ QC guidelines to minimize rework, enforce requirements, and safeguard the best interests of the Owner. This all leads to minimizing delays and added expenses. Our
presence at the Clearwell Replacement Project will help minimize daily inspection and observation costs. Butier's Lead Inspector Bill Baker, CCM, CWI, ACI, NACE and
our team 's specialty Inspectors can provide all the
necessary Inspection .
by a qualified su rveyor or
professional engineer.
h. Monitor extra work or
disputed work separately
and provide supporting
documentation on the
Contractor's personnel and
equipment and include in the
daily inspection reports.
where the contractors are performing work, evaluate the Contractor 's daily performance , and address deficiencies as they occur.
Daily Inspection Reports : Prepare and submit to the
City's Project Manager daily construction reports,
documenting construction activities including the date, day of week, and weather conditions; hours of work;
personnel on site; time periods of equipment being used; idle or inoperable equipment; details of each activity; difficulties encountered; controversial matters/disputes; deficiencies and violations; instructions issued to the construction contractor; safety concerns; description of accidents; major material and equipment deliveries to the site; names of visitors to the site; and delays and extra work. Inspection reports will be submitted to the City on a weekly basis.
Photograph ic Records : Provide photographic/digital
records (JPEG format) of the project during construction at the time of and with the submission of the associated
daily inspection report. Log construction digital
photographs on a daily basis. A digital photographic library will be maintained of significant construction activities.
The photographs will be labe led with the date, location, and narrative information. Additional digital photographs will be taken to document differing site
j.
k.
I.
i. Coordinate any field issues
that require deviations from
the Contract Documents with the City's Project Manager.
The Senior CM will receive authorization for any deviations from the City's Project Manager.
Identify and report any damage to existing infrastructure, and coordinate replacement of infrastructure with the
Contractor per City and any other applicable Standards .
During the course of inspection and monitoring of the
work, the Lead Inspector will notify the Contractor of any violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Lead Inspector will notify the City and Cal/OSHA.
Review, monitor and ensure the Contractor's
environmental compliance with NPDES/Best Management
Practices (BMP) and verify the implementation of the
Contractor 's approved Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), and address deficiencies as they occur.
m. Ensure the Contractor's environmental compliance with all applicable regulations of the South Coast Air Quality Management District (AQMD), as applicable.
n. Document and submit to the City, the Contractor's
labor force completing work onsite including, names,
classifications, tasks completed, and hours worked.
BUTIER Page 15 D. SCOPE OF WORK
,,11 ; .
23 of 28 20
May 16, 2023, Item #10
o. Possess a vehicle with proof of auto insurance and
valid California driver's license, and a mobile phone for immediate contact by the City.
2.10 Safety Program
a. Conduct weekly meetings to discuss safety and to ensure that the Contractor prepares and submits an adequate
Safety Program and provides general safety signage and
postings for the Project.
b. It is understood that Butier will NOT be responsible for the Contractor's implementation of the Safety Program, or for monitoring compliance to such Safety Program.
c. Notify the Contractor of the Safety Program(s) non
compliance and direct the Contractor to suspend work
if imminent hazard is not immediately remedied or if a
dangerous condition persists.
d. Ensure the Contractor and all subcontractors have been provided and certify that they have received on-site safety presentation of hazardous materials on site "Right to
Know" per Contract Documents.
2.11 Utility Coordination
a. Include the City Project Manager on all correspondence. b. Coordinate with any impacted outside agency staff in matters of utility conflict or inspection in order to achieve expedited resolution.
c. Monitor, log and ensure the Contractor's compliance with the Contract Documents and Underground Service Alert
(USA)/Dig Alert regarding the location and preserving the integrity of existing underground utilities at the site. d. Assist in the coordination with the required
undergrounding of existing overhead utilities including, but not limited to electrical and fiber optic communication services to the site.
e. Assist in the coordination of temporary and permanent relocation of City owned network communication
antennae.
2.12 City Furnished Materials and Services
Assist the City's SCADA programming vendor with control strategy and instrumentation programming integration
including testing the program and demonstrating the
functionality of all equipment specified in the Contract Documents.
2.13 Testing and Startup
Butier selected ON-SITE Technical Services, Inc. to provide testing and startup services. Mr. Kent Kreeger from ON-SITE will be responsible for the following:
a. With the Design Engineer and the City's maintenance
City of Poway, Public Works Department
Construction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)
personnel, observe the Contractor's final equipment
testing and plant startup of all utilities, operational systems, and equipment.
b. Ensure the Contractor's compliance with all applicable tests, check out, startup, and related requirements
indicated in the Contract Documents.
c. Verify all applicable manufacturer installation inspections have been completed by the Contractor.
d. Review the Testing and Startup Plan developed by
the Contractor to ensure compliance with Contract
Documents and manufacturer requirements.
e. Monitor the use of product water during startup and
ensure the water is discharged appropriately.
Task 3: Public Relations and Outreach
3.1 Public Outreach
Public Outreach will be conducted by the City. The Senior CM will provide updated schedules, daily progress reports, and other documents to be used by the City's Public Outreach Coordinator for public outreach.
Task 4: Environmental Impacts Monitoring
4.1 Biological Resources
The Senior CM will coordinate a pre-construction nesting bird survey with Helix Environmental, the Environmental Sub-Consultant (through Kennedy Jenks) for the Project, to determine if active nests are present within or adjacent to the construction areas. The survey will be conducted within seven (7) days before the start of construction. Following the survey, the Senior CM will coordinate with Helix to provide an email to the City summarizing the survey methods and results of the survey, including a map of active nest(s) found during the survey and the corresponding setback buffers. Recommended setbacks will be based on the project activities, species, nest location, and other environmental factors.
4.2 Noise Mitigation
Monitor and coordinate all mitigation measures in order to minimize the potential noise impacts related to temporary use of construction equipment and vehicles which would emit noise, potentially in exceedance of City municipal code noise standards.
4.3 Traffic Mitigation
Monitor and coordinate all mitigation measures including designated construction haul routes, in order to minimize the potential local traffic impacts generated from construction vehicles traveling to and from the Project site.
BUTIER Page 16 D. SCOPE OF WORK
24 of 28 21
May 16, 2023, Item #10
Task 5: Traffic Management Coordination
The Butier Team will ensure that traffic impacts are minimized and to provide for public safety and convenience during all phases of the work. They will be responsible for completing the tasks listed below:
5.1 Safe Movement of Traffic and Pedestrians
a. Review and monito r all Traffic Control and Public Safety Plans proposed by the Contractor, for compliance with all applicable safety laws and regulations, including the Work Area Traffic Control Handbook (WATCH Manual) or Manual
on Uniform Traffic Control Devices (MUTCD) California
(Latest Edition).
b. Monitor the implementat ion of all traffic control devices for the safe movement of traff ic and pedestrians and
report any deficienc ies to the Contractor for immediate correction.
c. Confirm all Project subcontracto rs. material suppliers, and vendors are notified and in compliance witl1 designated haul route.
d. Observe and coordinate vehicle and pedest rian traffic control during periodic and/or seasonal special events/ activities at neighboring park.
e. Review all staging areas, detours, delineation and
temporary access, and report any deficiencies to the
Contractor for immediate correction .
f. Review and analyze traffic manageme nt and staging plans for potentia l conflict with adjacent or nearby projects that are under construction, and recommend revisions to minimize impacts.
Task 6: Soils/Materials, Concrete and Structural
Testing Services
Butier has selected Ninyo & Moore to perform this soils/ materials, concrete , and structural testing services.
Their team of project engineers and field technicians will provide assurance that the materials incorporated into the construction Project are in conformance with the Contract Specifications and include all testing service efforts such as soil compaction , concrete strength testing, structural testing, etc. for the duration of the construction. Ninyo & Moore will perform and be responsible for all the special inspections specified in the plans and specifications.
Butier's Construction Management and Inspection team will also be responsible for witnessing all welding and all weld air tests, including fillet welds on doublewelded lap joints and welds on butt straps.
City of Poway , Public Works Departmen t
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
6.1 Materials laboratory and Personnel
As an integral part of the construct ion management
team, Ninyo & Moore's materia ls testing and inspection services staff will work close ly with But ier's Senior CM, Lead Inspector, and the City. Their materials testing and inspection department includes project and field engineers; ACI, ICC, AWS, and Caltrans certified inspectors and field technicians; and a materials testing laboratory certified by the AASHTO, City of San Diego, City of Los Angeles, and the US Army Corps of Engineers. Their staff of materials testing and inspection professionals will assist the City's in monitoring construction activities for compliance with project specifications, performing construction materials conformance testing, and the preparation and submittal of the necessary reports .
They will be responsible for the following: reviewing plans and specifications ; attending the Preconstruction Conference; grading observations and in-place density testing ; observation of pipe trench backfill placement and in-place density testing ; observation and testing of trench subgrade, aggregate base and asphalt concrete; observation of concrete placement by an ACI certified technician including collecting cylinders for compressive strength laboratory testing; and observation and testing of grading and tank foundation activities.
6.2 Acceptance Testing
a. Ensure testing methods will be in accordance with
a nationally recognized standard as specified in the
Contract Technical Specifications.
b. Ensure sample locations and frequencies are in
accordance with the Contract Technical Specifications . If not so specified, samples shall be taken at locations and frequencies coordinated with the Design Engineer.
c. Ensure all test results are reported to the Construction Manager in the shortest time typically allowed after
sampling. Failure to comply within specified time limits for test results may result in payment penalties of up to 20% for the tests due to late reporting of the results.
d. Maintain a record log of all test results, including the type of testing performed, location, result and action taken , and reporting time periods.
e. Develop and maintain Project record file of all material records of samples and tests, material releases, and
certificates of compliance for the Project.
f. On days when work is not performed by the construction contractor, such as rain days, the materials testing
personnel shall not provide services unless authorized by the City Project Manager.
BLITIER Page 17 D. SCOPE OF WORK
25 of 28 22
May 16, 2023, Item #10
6.3 Independent Assurance Program
a. Provide an Independent Assurance Program (IAP) to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order.
b. Provide IAP on every type of materials test required for the Project including proficiency and witness tests.
6.4 Failed Tests and Quality Review
a. As appropriate, the Consultant will have authority, upon written authorization from the City, to require additional testing or inspection of the work in accordance with the provisions of the Contract Documents, whether or not
such work is fabricated, installed or completed.
b. Coordinate with the Contractor to perform retesting on any failing test and inform the City's Project Manager. c. For any failed tests or inspections, retest and re
inspection will be required. Retests and re-inspections will be billed at the same rates as the original tests. Retests shall be highlighted on reports and invoices to help
facilitate reconciling negotiations with the Contractor. d. The Consultant, in consultation with the Design Engineer and City Project Manager, may reject work which does not conform to the requirements of the Contract Documents.
e. The Consultant may authorize minor variations in the work that do not involve an adjustment in the contract price or contract time and which are consistent with the overall intent of the Contract Documents. Any minor variations
authorized by the Consultant shall be duly recorded in
daily reports and included in the record drawings.
f. The Consultant is NOT authorized as a part of their
services to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to
approve or accept any portion of the work not performed in accordance with the Contract Documents.
Task 7 - Post Construction Services
The Senior CM will advise the City in determining when the Project is substantially complete. This task includes the following post construction services:
7.1 Punch List and Substantial Completion
The Butier Team will prepare detailed project punch lists and will coordinate with the City, the City's Contract Operator, the Design Engineer, and the Contractor to develop a
comprehensive start-up plan. The Senior CM will assign cost values for outstanding punch list items to facilitate prompt and timely close-out of the project.
Upon correction of deficiencies by the Contractor, the Senior CM will schedule, coordinate, and conduct a final walk- City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
through prior to the acceptance of work with the City and provide certification of Contractor compliance on work items specifically requested by the City, the City's Operator, and the Design Engineer.
7.2 Dispute Resolution and Final Payment
a. Negotiate and resolve outstanding Contract Change
Orders, global settlements, and any other items
necessitating dispute resolution, working closely with the City's Project Manager.
b. Prepare a project application for final payment based on the Contractor's certificate for final payment. The
Consultant's application for payment will constitute a
representation to the City, based on the Senior CM and
Lead Inspector's determinations of the final inspection, dispute resolution and acceptance of the work, that,
to the best of the Consultant's knowledge, information
and belief, the work has progressed to the point final
completion and the quality of the work is in accordance with the Contract Documents.
c. Filing of Notice of Completion will necessitate formal approval and acceptance of the Project as complete by
the City Council.
7.3 Projed Closeout Deliverables
a. Review all final Contractor closeout submittals.
b. Prepare, organize and provide all Project File workbooks in electronic format and one (1) hard copy including,
but not limited to: contract administration reports;
project correspondence; preconstruction meeting and
deliverables; requests for information and submittals;
permits; schedules; weekly statement of working days;
notices; progress and other meeting minutes; inspector
daily reports; progress payment applications; contract
change orders; field directives; material acceptance
testing reports; material delivery tickets; etc.
c. Secure and transmit electronically and two (2) hard copies to the City warranties and similar submittals required
by the Contract Documents, and ensure the Contractor
compiles manufacturer's operations and maintenance
(O&M) manuals, equipment data lists with make, model
and serial number, warranties, guarantees, etc.
d. Prepare, organize and provide all preconstruction,
construction and post construction photos and videos in electronic format.
e. The Butier Team will review the Contractor's final red line drawings for completeness and accuracy before
final payment is approved and drawings are given to the Design Engineer for incorporation into AutoCAD. The
Senior CM will submit the final red-line drawings (hard copies and electronic PDF copies) to the City and Design BUTIER Page 18 D. SCOPE OF WORK
26 of 28 23
May 16, 2023, Item #10
Engineer within 1 week of receipt from the Contractor to facilitate preparation of record drawings.
f. Assist the Conti-actor in obtaining the Certificate of Occupancy and closeout of all Building Division related permits, including accompanying City Building Inspectors on final inspections, preparing and submitting property documentation, coordinating final testing, and other
required activities.
g. Prepare final accounting and closeout reports. The
Senior CM will prepare a Close-Out Report including, at a minimum, a summary of the Project construction, key
issues, lessons learned, change summary, schedule
summary, as-built schedule and recommendations for
the management of future projects. The Senior CM will
include provisions to submit a draft and final Close-Out Report.
h. Perform a pre-warranty inspection walk through with
the City no later than eleven (11) months following the date of substantial completion of the Project and provide assistance throughout the Contract warranty period.
i. Coordinate the training of City maintenance personnel with the Contractor's suppliers for operation and
maintenance of the major systems.
RUTIER Page 19
27 of 28 24
City of Poway, Publlc Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
D. SCOPE OF WORK
May 16, 2023, Item #10
SECTION Jl .
Fee Schedule
ATTACHMENT 2
Construction Management and Inspection Services for the Clearwe ll Rep lacement Project (Project No. WTR0027) Butier Engineering, Inc. Comorstono
Claulflcatton / Hourty Rate by Firm
BASED ON 24 MONTH CONSTRUCTION SCHEDULE
Task 1 Pre-Con,tructlon Servlc.1
1.1 Review Contract Documents
1.2 Conduet Field Investigatio n
1.3 ReviewCMP/PhningPlan
1.4 Rev1ewPhasing
1.5 Revie'!'IConuactorBuehneSchedul e
1 .6 Develop Doe11menl Conlfol System
1.7 Methodsforso lving planconf liets
1.8 Melhod1forOi1puteRe1o l.ition
1.9Co,mf inateP1e·Ccin1\1uctior1 Mee11ng
1.10 Meeting Agenda for Pre-Comtruc tion Meeting
1.11 Develop P1oceduru lo, Prog1us Payments
1.12Methodsfo r Monitoring5af ety
1.13 A.U15t Contractor in Perm ittin~
Tatk 2 Construction Sen1cu
2.1 Mobilillli<ln
2.2 Projec1 Coordination&Coirespondence
2.3 Projec\ TeamCoord1na1ion
2.4 Cons\luctionScheduleManag ement
2.5 P1ogren Payment Recommendations
2.6RFl"s
2.7 Change0rders
2.8 Cons\ruction 0b1ervationServ1cu
2.9 Claims Management
2. 10 Safe1yP1ogr1m
2.11 UtilityCoordinati1m
2.12 Cn.yFurn;shedMa\erials
2.13 Tulin~andS!artUp
Subtotals by Task S
CM:J.Blum
100
,.
20 ,.
10 "'
220.00 I
19,320.00 $
,ao
1000
1'4
1"
,ao
«o
1'4
1'4
ao
QA/QC:B.an.
20 ,o
20 ,.
• ao ,o
120
99,440.00 $
"
1«
100
100
312<>
100
ao
ao
9,,00.00 $ 42,000.00 $
m
2'0
80 160
. s
Subtotals by Task s 682,000.00 S 715,260,00 S 71,280,00 S 110,880.00 $ 32,000.00 $ THk 4 Envlronment ■ l lmp■ et1 ■ nd Monltorlna;
4.1 BiologicalReso1,11cn
4.2 Naise Mnigation
4.3TratfieMit iJ!,alion
Tatk 5 Traffic M ■ n ■ a;em ■ nt Coordination
Subtotals by Task S
Subtotals by Task S
T■ 1k 6 Solla ■ nd M ■ terl ■ II T ■ 1tln&: & Survey
6.1 Ma1erialslaboratoryPer1onne !
62AcceptanceTen ing
6.31ndependentAs t ur1nceP1ogram
64 F111edTest51ndQu1lil'\IReview
6.SSurveyMonitorin g (Cofnefslone)
Tatk 7 Post Con ■ truetlon Sen1ce1
7.lPunchlistsandSub stantialCompletion
7.2 DisputeResolutionan.dFinalPaym ent
Subtotals by Task s
7.3 Project Closeout and Deliverables I
Subtotals by Task S
100
30,800.00 $
,o
17,600.00 $
ao
ao
ao
. .
I
52,&00.00 $
I
7,800.00 S
,o ,o
I
• $
• $
«10 I -40
• $
• $
• $
35,100.00 $ 6,600.00 $
• $
• $
• $
• $
HOURS BY CATEGORY 3966 4400 532 728 160
. s
. s
• $
Total Costs (HRS) by Category S 872,520.00 $ 858,000.00 S 87,780.00 $ 152,880.00 $ 32,000.00 Total Proposed Costs
NOTES
L Budget assumes a 24 month project duration from RFP
2. Budget auumos CDC'• ■ re captured In the rates unless called out In the colt matrix
3. Rates wlll remain Hxed through for the full pr~ec:t duration M ■ n-Hours Cott Cott. By Task
• $ 241,060.00 $ 241.,060.00 I
• $ 1,6U.420,00 S 1,611,420.00 S
• $ 38,600.00 S 38,600.00 S
. s 17,600.00 $ 17,600,00 S
22,830.00 $ 615,002.00 $ 615,002.00 $
94,500.00 S 94,500,00 S
4. With prior written approval rrom the City, Butlor and the City or Poway reserve the right to add or delete sub-<:onultants depending on potential change In project demands BUTll;R
28 of 28
25 TotalCo1b
241,060.00
1,6U.420,00
38,600.00
17,600.00
637,132.00
94,500.00
2,641,012.00
J1. FEE SCHEDULE
May 16, 2023, Item #10