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06-0404_J.L. PATTERSON / ASSOCIATES_Action Reminder0 • �\�i25T �tiC`T10E;. CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Bftn Ig*, Er4A0,0*\g;A4WSt0n;1 FROM: Christy Swanson, Secretary DATE: May 15, 2007 SITUATION: On April 4, 2006 at the meeting of the San Juan Capistrano City Council an agreement with J. L. Patterson & Associates, Inc. was approved for construction management, inspection, materials testing, and geotechnical services for the Vereda Bikeway Under Crossing Project. Said agreement commences on April 4, 2006. Said agreement terminates on December 31, 2006. On December 13, 2006, said agreement extended to February 1, 2007. On January 15, 2007, said agreement extended to April 2, 2007. On March 16, 2007, said agreement extended to June 1, 2007, ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: Ewvi� G19reenvv+ DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: SePkmor 3o Zao% SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: /D� ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/15/06 01/15/07 03/15/07 05/15/07 Deadline Date: 12131/06 02/01/07 04/02107 06/01/07 cc: Nassar Adbbaszadeh, Engineering & Building Director (600.30/jlpatterson-verundcrosmgt) t'RST + V6S1C� CITY CLERK'S DEPARTMENT - ACTION REMINDER FROM: Christy Swanson, Secretary DATE: March 15, 2007 SITUATION: On April 4, 2006 at the meeting of the San Juan Capistrano City Council an agreement with J. L. Patterson & Associates, Inc. was approved for construction management, inspection, materials testing, and geotechnical services for the Vereda Bikeway Under Crossing Project. Said agreement commences on April 4, 2006. Said agreement terminates on December 31, 2006. On December 13, 2006, said agreement extended to February 1, 2007. On January 15, 2007, said agreement extended to April 2, 2007. ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: EXewq c yveer" nt -h-1 Tr" zx7- DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 4P„ z 1 zoo 7 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ltT ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/15/06 01/15/07 03/15/07 Deadline Date: 12/31/06 02/01/07 04/02/07 cc: Nassar Adbbaszadeh, Engineering & Building Director (600.30/jlpatterson-verundcrosmgt) fl Gt. \\%s\O1 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Brian Ige, Engineering Assistant FROM: , irk DATE: January 15, 2007 SITUATION: On April 4, 2006 at the meeting of the San Juan Capistrano City Council an agreement with J. L. Patterson & Associates, Inc. was approved for construction management, inspection, materials testing, and geotechnical services for the Vereda Bikeway Under Crossing Project. Said agreement commences on April 4, 2006. Said agreement terminates on December 31, 2006. On December 13, 2006, said agreement extended to February 1, 2007. ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: e-oev",� i -D Arf,� z, zOol DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: /i 7 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/15/06 01/15/07 Deadline Date: 12/31/06 02/01/07 cc: Nassar Adbbaszadeh, Engineering & Building Director (600.30/jlpatterson-verundcrosmgt) • ��t2°5i�(�:iZ� CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: >Brt�e; tic�;Ass+sient. FROM: Maria Guevara, Deputy City Clerk DATE: December 15, 2006 SITUATION: On April 4, 2006 at the meeting of the San Juan Capistrano City Council an agreement with J. L. Patterson & Associates, Inc. was approved for construction management, inspection, materials testing, and geotechnical services for the Vereda Bikeway Under Crossing Project. Said agreement commences on April 4, 2006. Said agreement terminates on December 31, 2006. ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BETAKEN: f)' +en5 on DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 2/i/ocs SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: W 1311 [, ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/15/06 Deadline Date: 12/31/06 cc: Nasser Adbbaszadeh, Engineering & Building Director (600.30/jlpatterson-verundcrosmgt) i 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistruno.org April 5, 2006 Jww, /A Inca A in RATED • CITEDBIED 1961 1776 RA RR Jacqueline Patterson J.L. Patterson and Associates, Inc. 725 Town & Country Road, Suite 300 Orange, CA 92868 Dear Ms. Patterson: MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE 13ATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to the construction management, inspection, materials testing, and geotechnical services for the Vereda Bikeway Undercrossing Project is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Brian Igeq Engineering Assistant (949) 443-6350. Deputy cc: Brian Ige, Engineering Assistant Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future y J Printed on recycled paper 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2006, by and between the City of San Juan Capistrano (hereinafter re erred to as the "City") and J.L. Patterson and Associates, Inc. (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the construction management, inspection, materials testing, and geotechnical services forthe Vereda Bikeway Undercrossing Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed no later than December 31 st, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Two Hundred Fourteen Thousand, Nine Hundred Thirteen Dollars and Twenty Nine Cents ($214,913.29), as set forth in Exhibit "A," attached and incorporated herein by reference. M 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 9 0 Section 6. Channes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: :l 9 0 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one personlany one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City=s General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 61 0 0 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Brian Ige, Engineering Assistant To Consultant: J.L. Patterson & Associates, Inc. 725 Town & Country Road, Suite 300 Orange, CA 92868 Attn: Jacqueline Patterson Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). E Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO CONSULTANT �Sso a tJC By: -�a<: ,, . l eckb -)r ATTEST: R. Monahan, City APP OVED AS TO FORM: John R. Shaw Attorney P1City ManagertAttorney SharedWgreementstPersona[SemicesAgreement.doc 7 continuity of staff is critical to an expeditious project completion and have only assigned staff with adequate availability for the life of the project. .7 Res'unyies A resume for each person listed on the organization chart follows. Orgarti;tation Chart Exhibit "A" Patterson & Associates, Inc. 9 0 0 $0 $o $0 $0 Subtotal - Direct Labor 1,688 COST PROPOSAL FOR VEREDA BIKEWAY U/C CONSTRUCTION MANAGEMENT Overhead and Frinae Benefits BASED ON 9 MONTHS CONSTRUCTION Fringe Benefits 33% $26,771 Contract No. 77% $62,466 Subtotal- Overhead and Fringe Benefits Date: February 28, 2006 Total Direct Labor, Overhead and Fringe Consultant: J.L. Patterson & Associates 10.000/6 $ 17,036.21 Project: Vereda U/C $0 Group Delta - Geotechnical/Soil-Material Testing 725 Town & Country Road, Suite 300 Total Other Direct Costs $8,500 TOTAL CONTRACT COST $214,913 Orange, CA 92868 714-835-6355 fax 714-835-6671 DIRECT LABOR Classification Name Hours Rate/Hr Amount Principal -in -Charge Jackie Patterson, P.E. 24 $ 75.00 $1,800 Construction Manager Tom Tappan, P.E. 420 $ 63.00 $26,460 Design Support Naren Patel, P.E. 280 $ 57.68 $16,150 Office Engineer Kenan Altay 240 $ 44.50 $10.680 Structural Inspector Jay Craft 300 $ 54.00 $16,200 Clerk Vanessa Ramirez 184 $ 17.50 $3,220 Civil Inspector Brian Escalante 240 $ 27.56 $6,614 $0 $o $0 $0 Subtotal - Direct Labor 1,688 $81,125 Overhead and Frinae Benefits $2,500 Fringe Benefits 33% $26,771 Overhead (% of DL) 77% $62,466 Subtotal- Overhead and Fringe Benefits $89,237 Total Direct Labor, Overhead and Fringe $170,362 Fixed Fee 10.000/6 $ 17,036.21 Subcontractors $0 Group Delta - Geotechnical/Soil-Material Testing $19,015 SubTotal-Subcontractors $19,015 Other Direct Costs (ODC's) Direct Costs Vehicles 2 vehicles/month for 13 months at $600/each $6,000 Cell Phones/Pagers 2 for 13 months at $250/each $2,500 Postage & Courier (per task) $0 Printing (per task) $0 Telephone (Long Distance - per task) $0 Transportation (@ $0.32 per mile) $0 Travel $0 Lodging - $0 Per Diem $0 Total Other Direct Costs $8,500 TOTAL CONTRACT COST $214,913 1; H Z O K W IL W m M y J H O to m CaOp00 N 8 S S o 0 N 0 0 r 0 0 O O O 0 M 0 N O O OtOp t�pp H p c0 lV lV n O r N $ M r t G N O o a m M r : "tri v tOh tr0 V r Iri r N t�h H H H H H 1A H w 6�rvrt:' n � of OMNth W HpHHppHHHtHpp H H H S O tmp I W O I p rtMO���.N--N HHHOHHtgqy N� S off c0 N N W N O N C O O O H HH H H 6 O 0 0 O V c V W M O N O c R O H HH H H t O O O O N< O O O O ul t O O O O N O O N H r f a O t H HH H HH f O O O O lh t �OOO�NO N tD<�M aD O NIp r M I V O O O OP O O pO 8 N pO S NN r N V.$00$NO H HH O pH' O 0 o0 o m a o < M o m N m Lc V (V H HH H N H aaa51-5 J J J J J J y C � O a � U W doc n� c W 'w c fn N_ Yl U o W c c v rn'S,a y U N V Q UC/ F d Q C y O U 2 F y N d O L' W W SW W CLD r W N U L y w �F cc•W. c U yW L m d E m I c jm m F -WiH Y 0 �U so N z U O W o c i � s `W `o J U U W d D d C O �$ i 16 J N t� N d i p -W' CI W 2 O ❑ p p y o J 2 c a J W t Q CC W m Il O L L= p a` L)D FSU U O>U I.- H Z O K W IL W m M y J H O to m 8 S S o 0 0 0 r 0 0 O O O 0 M 0 N N H p c0 lV lV n O r N $ M r t o a m M r : "tri v r Iri r NI^Urt V N H H H H H 1A H S H Z 0 m W ❑ J F O h W U W O w IL a n m W>> 01 W O y Z l 2.0 SCOPE OF WORK 2.1 Introduction The City of San Juan Capistrano is looking for a qualified team to perform Construction Management and Inspection Services for the Vereda bikeway Undercrossing Project. The decision you make as you review the proposals to perform the Construction Management Services will directly impact your time and efforts for at least the next 9 months to one year. It is important; therefore, that you select a team that is willing to go the extra mile for you in meeting your needs and a team that understands your work. J.L. Patterson & Associates, Inc. (JLP) would like to be your choice as you commence the construction of one of the most important projects in your City. We want to have you as a long-term client. We have read the Request for Proposal and understand the scope of work, the budget, and the schedule requirements. We are experienced in every component of your scope including the design and construction of undercrossings under railroad traffic, coordination with utilities, inspections, construction sequencing, coordination with railroad operations, railroad flagging, storm drain relocations, coordination with multiple agencies, etc. Although there is always more than meets the eye in every project, digging into technical issues and finding solutions is what we do best. The Vereda Bikeway Undercrossing is the final link of the bikeway for the section extending from Doheny State Beach to the east City limit. This trail is included on the City and County of Orange Master Plan of Trails and will ultimately extend through Rancho Mission Viejo to Casper's Regional Park. As you embark on the construction of this grade separation you need a team with the following characteristics: • A team with experience with projects that are funded by multiple agencies. We have a record of long term participation with federally funded projects. We are very familiar with the reporting requirements of projects of this nature. Some of the most notable projects we have participated in recently include the Alameda Corridor Project, Alameda Corridor East, Los Angeles County MTA - Metro Red Line, San Fernando Valley's Orange Line, and Metrolink. • A multidiscipline team with talented personnel. Every single team member was hand- picked by the principals of their firm because they are the best for the project. • Local knowledge of the site and all of the stakeholders. We have long term relationships with several of the stakeholders including your City since we participated in the design of this undercrossing, Metrolink, OCTA, Orange County Flood Control, and several utility companies. • Familiarity with this type of project and with the workmanship of your selected Contractor, John S. Meek Company. The "been there... done that" approach that will allow savings to the City by anticipating any aspect irregularity in the work that could impact schedule and/or cost. ).L Patterson &Associates, Inc. 10 0 is 0 A dedicated team willing and qualified to make decisions inthafidl&with minimal supervision from your staff. 0 Ateam with an impeccable track record in delivering construction projects free of claims, on time, and on budget. JLP is that team. We have firmliarized ourselves with the project, the third parties involved on the site, and we bring "lessons4earned" from other recent projects to your benefit. 7.2 Key Issues MaWtttions Through our field investigation we have learned of key issues that could affect the timely completion of the Vereda Bikeway Undercrossing. The issues and how we plan to address them are shown below. a Coordination with Railroad Operations. The Los Angeles to San Diego rail corridor, known as LOSS Am is a heavilu utilized corridor with services provided by Metrolink; Amtrak, and the Burlington Nortifer'nabd Santa FeRailway. Therefore, it is imperative that their operations are not disrupted. All railroad companies are driven by the quality of the services they provide to their clients and deliveries to their clients must be maintained at all times. When the deliveries are passengers trying to get to their destination on time, the quality of service is evermore important. We have ample experience not only in the construction of bridges and undercrossings, but we are also very familiar with the Railroad officials for all railroads. This will facilitate coordination and agreement as construction begins. JLP is an e tragic. During the past 16 years, JLP has, expert in working under rail traff 0 managed the construction of siding tracks, spun, drill tracks, shoofly tracks and yard tracks, all without affecting rail traffic- Our Personnel are qualified on `on -track" safety requirements for roadway workers. In fact, 646/o of our work force holds current Roadway Worker Certification, which is now required by the Federal Railroad Administration. This is a record that will not be matched by any of the other proposers. The reason behind our high percentage is that J.L. Patterson& Associates Specializes in rail design and construction management. We also have a safety trainer on staff who is currently providing safety classes for the Alameda Corridor East Project. Ilis safety course has been accepted and certified by the Union Pacific Railroad Safety Department and Metrolink. Pile Driving The scope of work -for the contractor calls for pile driving. This operation needs special attention because of potential unforeseeable conditions underground. For example, if JL Paterson & A%odzws. kw - large boulders are encountered, JLP will make sure the contractor is ready to handle the situation effectively: We pledge to ensure that the contractor is well prepared with the necessary equipment such as pile Shoes -to counteract this situation if it occurs. Since the piles will be drivenunderoperating railroad conditions, either track and time or Form B protection will be required. All concerned parties including Metrolink, BNSF and Amtrak will be kept in constant communication to complete the driving in the established time. Our Geotechnical Engineer will also be present to ensure the pile driving operations proceeds as planned. • Utilities Through our participation in other construction projects, we have learned that unmarked, undocumented, underground utilities are a great concern and the source of most change orders on projects. Although we do not anticipate utility relocation problems with MCI WorldCom, or others, we must prepare for them. Unexpected utility relocations can shut down our construction site. Some utilities take a long time to respond. Therefore, we propose to produce a Utilities Matrix as a tool to track progress of relocations and avoid slippage of our schedule. Our Matrix will have the current utility point of contact name, phone number and e-mail (if available) to ensure they feel part of the program and gain our trust and confidence. Bridge Replacement The bridge replacement process needs to be supervised by an experienced construction manager who is familiar with railroad operations and who is competent with working under construction windows. It is planned that this operation will be performed under a week -end window. Our Tom Tappan has the right experience to review the Contractor's detailed hourly schedule •showing step by step construction of the bridge during the window period. He will ensure that the contractor prepares a detailed plan showing parking and movement of equipment and vehicles during construction. Controlled Conflicts A construction project invariably affects the neighborhood in one form or another, but these conflicts can be controlled and/or minimized with proper communication and early detection. These are two of the tools that our Construction Manager, Tom Tappan will utilize to facilitate the construction around these active facilities, the VONS Parking Lot, for example. We will ensure that suitable notifications and advance warning signs are properly placed to inform the businesses during construction and minimize impact to their operations. J.L Pawwwo & Awodates. Inc 12 0 17J a DocumitntnOon and Paperwork A successful project can only be assured through proper &velopmeut,andmaintenance of project records and reports. Complete and accurate ductimeAtation is reT,iiredlopreventai resolve claims and disputes expeditiously. Kenan Allay, IDL proposedoffice engineer, is an extremely well-qualified individual who will docurnerdall relevant information -prior to the filing of claims to prevent being unprotected due to the lack of proper record keeping; Extra work, delayed work, disputed work and unforeseen conditions will be documented to ensure maximum protection for the City of San Juan Capistrano; Our contract administration plan, includes keeping accurate logs for BFI's, RFC's; Change Orders, and Submittals. We will ensure all inspectors produce accurate daily inspector's reports;,that our office engineer keeps timely and accurate account ofprogress payments, meeting minutes, etc. Our team shares in the belief that a well-documented project is a successful project. 2.3 OmstruWoo KWagernent Plan I Defiverables The TLP Team will keep your project moving smoothly from pre -construction to closeout. We will provide you with the extra eyes and ears needed during the construction program as well as the technical expertise and the relationships with third parties to make the project a success. 2.11 phaco I — Pte -Cor sauction We have the edge on our competition because of the fact that we are very familiar with your project and we can provide you with these services in a cost effective and efficient manner. Our Project Manager, Tom Tappan, P.E., will help you, the owner, define and organize the project team, establish lines of authority, and structure decision-making. We will make recommendations on the need for consultants and help define your responsibilities, as well as those of the designer, construction manager, and other team members. Today's complex construction projects and programs are extraordinarily information intensive. Effective project controls require accurate and complete communications and documentation. We will develop a Construction Management Procedures Manual to use as the principal tool to achieve these goals. It will contain the guidelines that will direct 0 the project and will set forth policies, procedures, and practices for all elements, 0 0 In developing the plan, we will encourage input from design and.construction staff. This process enables project team members to forge an effective partnership - MW smites I MC$) Our agptoach,top ovid ing project management and control services is one that can be usedon pro*ts of all sizes. At the heart of our seryices is our project controls team, whic}t dewlopr, maintains, and operates the praject knowledge base. By drawing on rich and varied experiences the controls team tailors an integrated andautomated project marageinentsolution. The resulting database, communications, and reportinj system is built on the philosophy that complete project information must be available from any location, on any computer, at any time of the day or night, and must.be based.on a single source of real time information. This is accomplished by focusing first on the Internetas an information delivery and communications vehicle, while also emphasizing the value added of the underlying relational database. NUhtaiaiiig a comprehensive database is an approach The integrity and depth of our database ensures that (a) all the information needed by users to perform Cher jobs has been captured, (b) the data is always current and consistent, and (c) the data can be searched and cross referenced for any type of inquiry. In complement to the project database, we can develop a secure site on the Internet as the home for online storing and sharing of all pertinent project documents: CAD files, progress photos and videos, correspondence, insurance certificates, etc. Access to these documents and all information stored in the project knowledge base is controlled by a sophisticated security system that regulates data on a strict need to know basis.. DowmW Conal anted Repotting Our Team will set up a document control system which provides complete documentation a for historical purposes, identifies documents that require follow-up or status tracking, and provides a method of quick document retrieval. Our reports will be tailored to the project's needs and will include a monthly progress report. This report, issued throughout the project, is a basic tool we use to keep the owner informed about project progress. Deliverables g Our deliverables for this phase are as follows: ii I. Construction Management Procedures Manual 0 0 112 phase 11— COVIsft"CA00A sorAc", Since the contractor has already been given notice to proceed, our Team proposes to commence right after selection with our responsibilities for'our project control system during construction. In addition, we will take on now responsibilities for quality control, coordination, and inspection. JLP proposes to provide overall management and coordination for the design support work under this task, including attendance at progress meetings with City staff. Naren Patel will serve as Project Manager with overall responsibility for this part of the contract. The JLP management team will develop the budget andtrack the budget. Deliverables 1. Project budget 2, Updates PeM*J%PPMsl JLP proposes to revise the plans to incorporate the permit approval, if required. Deliverables 1. Revised Plans 11 During the construction phase of the project JLP will review contractor submittals to determine if they conform to the specifications. If exceptions are noted they will be identified on the submittal and returned to the project construction manager. Deliverables 1. Submittal Logs 2. Reviewed submittals returned with JLP stamp noting exceptions to the specifications, if any Response to Request for Informatim andkir Requests for Change JLP will respond to contractor questions, requests for information (RFI), or requests for change (RFC) about the design from the resident engineer during construction. JJ- Rawson & Amdamr, hic. Is f • • 0 1. Response to requests for information/change 2. RFI Logs 3. RFC Logs Cc n as TLP will attendpiogress meetings with: the CM team and/or contractor to coordinate design issues as they arise. Defiverables 1. Participation in up to 10 progress meetings and 8 site visits. Project Gntltrcls Our Team will manage construction with effective tools for schedule control, cost control, and reporting. of operations, design, The schedule will represent a key management tool with one objective in mind: to deliver the construction of the Vereda Bikeway Undercrossing by August 2006. This tool facilitates measurement of schedule performance through assessment of actual versus planned progress. The schedule will manifest trends, which serve to alert management of required mitigating actions. The schedule also offers perspectives on opportunities for improvement. Through close monitoring and analysis of the schedule, the RE will direct resources consistent with the above goals of on -schedule, on -budget performance. The JLP Team brings extensive experience in the use of Primavera Project Planner (P3), which is recognized throughout the construction industry as a standard for effective schedule- management. This experience includes processing Contractor pay estimate through P3 to effectively correlate measured XI- PUmrson & Assodates, lnc progress and costs. Our experiencealso includes strict as;'built documentation through P3 for complementing proactive claims avoidance practices. In addition, our scheduling control functions will include review and approval of the baseline construction schedule, monthly schedule updates and 3 -week look,ahead schedtde submitted by Contractors for compliance with the construction contract specifications, provide assistance to develop work -around schedules or recommend other mcasirres required to mitigate delays or expedite the schedule; review and approvt_ delsy-analyses submitted- iy Contractors for :change -order work, and prepare monthly reports summarizing Contractor progress, critical path analysis, contractual milestoite eomparisons.of baseline versus current schedule, and resource and cash flow projections. Cost Control. The JLP Team has very recent experience in this area on projects. similar in magnitude and type that form a baseline for comparison purposes in both design and eoustutetion. From this, we propose in concert with the City of San Juan Capistrano to incorporate the basiselements of cost control program, which means establishing realistic budgets and monitoringthe progress against the construction budgets. We are fully aware of your $1,734,444 Million construction contract and wilt work very diligently to achieve that milestone budget. The JLP Team will review fieldwork and approve the Contractor's payment requests. At the end of each reporting period the Resident Engineer will provide the City Project Manager with summary logs indicating change orders, claims, bid adjustment items, and incurred cost. A three-month look ahead will also be supplied to compare the original Work Plan and Budget to the actual. The Resident Engineer will receive standard cost reports monthly that detail all labor and other direct charges to the project. He will also review all time charges,_expense reports and subcontractor invoices of staff working on the project. The JLP Team will review the Contractor's engineering change control system to monitor changes from the baseline. We will also monitor and report on all activities to examine whether requested changes and design defmitions might adversely affect the program: schedules, specification compliance, quality, reliability, and maintainability. The JLP Team will evaluate the Contractor initiated change order proposals and provide fair cost estimates and an assessment and recommendations to the City of San Juan Capistrano relative to the Contractor's proposed change. We will also assist the City in change order discussions and negotiations with the Contractor. Additionally, we will assist with the preparation of change orders desired by the City. Cosz E+szirnaxing. Our primary goal in estimating is preparation of fair cost estimates as a support for the equitable treatment of contract changes. We will it- ftawson & Inc, 17 4 0 0 prepare faircost estimates of changes consistent with ttte City of Son Juan Capistrano procedures, comma provisions, the Construction hfanagenient Manual, and sound c ons,huction management practice. The Team will use these estimates for the good - faith cost negotiation of changes with the Contractor, and as backup research documentation. Our office engineer will also assist'itrtho evaluation of Contractor's bids.'MiTocus will be the identification of apparenP'bid halancing which may work to the detriment of the City. This study will preparethe Team for negotiation of contract schedule of values. Reporting. Our reporting system will be effective. Our cost reports compare actual expenditures against budget. They identify potential overnnrs or under -runs in each construction element or contract. Our progress and narrative reports will identify problems and solutions. They will include schedule and cost status, the preceding month's developments, plans for the current month, future plans, requests, recommendations. and general comments. We will establish each report's format and distribution with the client early in the project. Field&erAces Our field staff will manage construction contracts for the City of San Juan Capistrano so that work is comp`leed in accordance with contract requiremertm We will provide for clarification of discrepancies, resolution of questions, monitor the contractor's performance, and act as the focal point for construction interfaces. J Quality Control and Assorar,ce. Our Teas reviews, certifications, inspections, and tests ar assurance plan will include documenting all inspections, identifying items that have been satisfactorily inspected, and targeting those requiring corrective action. The inspection function of the construction management team is the: fundamental QA[QC process to ensure that the. City of$an.Juaa Capistrano gets a quality product consistent with the best method and materials available compatible with the contract documents. Objectives of the program are to determine whether or not the Q controls and procedures are quality oriented and are effectively implemented. To achieve these objectives The Team will provide seasoned inspectors who have a broad working knowledge of undercrossing and rail projects similar to the Vereda Bikeway Underpass Project. The lead inspector on our project is the Resident Engineer, he is then supported by a team of inspectors who are his eyes and ears in the field. Our Team of inspectors will prepare daily field reports detailing weather conditions, status of work, and the location and type of work performed by the Contractor. For each daily work activity, j.L Paw -son & Assoc int. Is D 0 0 they will document the number and classification of craft labor, supervision, equipment, and materials used. The inspectors' routine responsibilities during construction will include, but are not limited to, the following; • Provide daily inspection and documentation of -all job related activities. • Prepare and maintain thorough daily inspection reports. • Provide continual review of plans and specifications to identify discrepancies, and ambiguities, omissions, or conflicts in -plans specification, and bid schedules that may generate misinterpretations and/or lead to disagreements. • Provide inspection oversight for utility relocations performed by non -City Contractors. • Coordinate work schedule with Contractor for testing and surveying. • Document information related to manpower, equipment, and time for extra or force account work or claim monitoring. • Attend and document Contractor tailgates safety meetings. • Observe and enforce safety attire compliance requirements and on -track safety certification. • Confirm accurate measured quantities and review pay estimates -submitted by Contractor. • Provide electronic pictorial and video logbook of construction activities. • Report all discrepancies requiring corrective actions. • Meet with Contractor to review proposed work and schedule required inspection. • Provide monthly inspection of Contractor's As -Built drawings. • Maintain separate As -Built drawings. • Develop "Punch List" items and follow-up with corrective measures. Contract AcIrrvinistraticm. Our office engineer will check that contractors submit shop drawings and other documents as scheduled andthat they are returned as requited. We will, facilitate the process -to avoid delays. Document clarification is a continuous part of administering construction contracts. To check that all parties are acting in a timely manner, we will track when the clarification is requested, issued, received, and sent back to the contractor through our system. Monthly project progress reports submitted to the City of San Just Capistrano will include at least the following items: • Proceeding monthly activities • Activities planned for the following month • Budget status, total and monthly forecast, change order status • DBE participation update JING-777777TP_�W_ ➢ Westone bar chart showing actual progress versus forecast, with respect to design, manufacturing, testing and delivery ➢ Open items last highlighting areas where the City of San Juan Capistrano; the JLP Team or the Contractor are overdue P- Major issues and concerns and proposed corrective action ➢ Correspondence, drawing logs, and documentation management reports Status of modifications, approvals, and program retrofits ➢ Update of project meetings Tailored progress reports fvr federal funding agency review Safety Moniitor og; Labor CoMpliarsce, and Cornmurkity R'slat`suos. Tokeep a project safe, contractors must follow a well-written safety program and have good housekeeping rules so that violations, however minor, are immediately identified and rectified. Our Team will review the contractor's safety program to ensure they are versed with working under rail traffic. We are aware of the number of trains traversing the route and the contractors have to incorporate this consideration into their safety plans. lie JJ_Att�1RAssodaW3:Inc. 20 0 Coordination with Ongoing Operations, Project activities must often be coordinated with Metrolink's ongoing railroad operations; under no circumstances, should the patrons of Metrolink,''ONSF or Amtrak be affected. We know how important on-time perfonsiance is to their customers. When such an instance is anticipated, -we will develop a written operations coordination plan that describes the scope of work to be accomplished and the precautionary measures that will be taken to safeguard existing occupants, protect equipment and utilities, and maintain operations and security. Disptate Avoidame, and Re"utio&s . During construction, management of disputesandclaims is critical. Our Team will make disputes less likely by rigorously implementing practices born of our extensive experience in construction management and claims resolution. These include timely responses to the contractor, proper project controls, accurate documentation, and fair and reasonable field administration. Our ! control systems provide exception reports=to assist in identifying and preventing potential problems. If dispute cannot be avoided, our claims staff offers dedicated, field -accomplished construction professionals who focus exclusively on dispute resolution services. Srartup, Occupaocy;artd #Xcxeptance Procedures Our startup, occupancy, - and acceptance procedures provide a smooth transition from construction to use. These procedures, incorporated intothe,master schedule months =before construction completion, coordinate the client's needs. Before final payments to contractors, we review required releases of clams. During initial use of the facility, we will monitor compliance with the contract regarding post -acceptance items and services. Safety Moniitor og; Labor CoMpliarsce, and Cornmurkity R'slat`suos. Tokeep a project safe, contractors must follow a well-written safety program and have good housekeeping rules so that violations, however minor, are immediately identified and rectified. Our Team will review the contractor's safety program to ensure they are versed with working under rail traffic. We are aware of the number of trains traversing the route and the contractors have to incorporate this consideration into their safety plans. lie JJ_Att�1RAssodaW3:Inc. 20 0 torrtrrurnity i *doo . Construction projects can,be slowed or stopped by com- munity and environmental concerns. We know that our role willbe to supply accurate information to the City so that you can communicate with the community to inform them of the upcoming construction operations, Ha t iatetial IdendOcation and R+errrediat}orr, Qne of the concerns inherent to existing railroad rights-of-way is the inevitable presence of hazardous materials. Chan= are very li gh that, at.least inone, ama, tbere will:besome concenttarion of hydrocarbons- Contaminated soil excavated from depressed sections of the alignment may require development of onsite screening procedures, appropriate disposal methods, and health and safety protocols during excavation and transport. Contaminated groundwater beneath the alignment may affect construction of the undercrossing relating to the requirements for construction dewatering. It is imperative, therefore, to have a hazardous material identification and remediation plan. The JI.P Team is very familiar with this plan, as we continuously work along railroad lines -Dur plan will facilitate prompt and legal disposal of job -site hazardous material during the construction process. Proper containment methods so the contamination does not spread (covering the material until it is properly disposed of) and testing samples of water and soil to assess the degree of contamination and the proper disposal of the material. 5tixrm Water P-o0uticm Prever*tjon Pian. The JI.P Team will prepare narrative for the Storm Water Pollution Prevention Plan (SWPPP).to be finalized by the City of San Juan Capistrano and the Contractor upon construction contract award. The Team will define Best Management Practices using the City's SWPPP as a model. Erosion control plans will be developed to define the application of physical controls as described in the SWPPP narrative. The Team will monitor SWPPPs on a daily basis during construction. CallOSlrIA - P45ik and Hazard Awafys?s. It is the policy of our Team that accident andillness prevention shall be considered of primary importance in all phases of operation and admiuistratiou. , ` is our intention to provide safe and healthy, working conditions and to establish and insist upon safe practices at all times by all employees. The prevention of accidents is an objective affecting all levels of our companies, our Team, and their operations. It is therefore, a basic requirement that each supervisor make the safety of all employees an integral part of his or her regular management function. We will also coordinate with the City to address issues, which have the potential to impact the general public. AS A TEAM OF PROFESSIONAL CONSTRUCflONMANAGUS we will organize every element of a construction project and make sure each is carried out smoothly. Because no project is trouble-free or formula -built, we will anticipate the unusual and adverse; we will develop -and assess alternatives to head off problems and will help the City of San Juan Capistrano choose solutions. With our services, innovative approaches and expertise, we will help you complete your project successfir ly. J,L Pamerson 8 Auodaws, kw- 2t Defivecaalles The deliverables from this Phase is a safe project accomplished within budget and schedule. 2.3:3 Phew int - There will be several stages of project acceptance at closeout, Our Project Manager will make sure that the City takes beaefteial occupancy of each completed phase of the work and will document punch list items receivedfrom the inspectors. They will ensure all change orders have been completed, that there are no outstanding claims, that final amount of liquidated damages, if 'any, were assessed at the time the contract milestones were reached, that all final quantities are properly accounted for, that all test certifications, operation and maintenance manuals were received, that all outside agencies Have signed off on the contract at completion, and finally that there are no liens against the Contractor fmmsubcontractors and suppliers. Our Team proposes the following checklist to ensure quality and accuracy of the closeout procedure. CONiRAC CWSEOUi <1HECKUST Project Tide: - - Contract Manager Contract No.: NTf' Date: Deputy Construction Manager: Substantial Completion Date: Proposed Acceptance Date: j L i'atterson$ Assadates: 22 Initial InitiatNot Completed Completed Exceptions/ l'M No. Action Item Items hems Comments Initials 1. Has an affidavit of completion been submitted by Contractor. 2. Has the final DBE report been submitted by Contractor. " 3. Haveaetual quautitics for unit price bid items been "calculated_ - - 4. Have adjusted rinsmities,for unitpdce items been issued and sigtcd, 5. Have alt O&M manuals, warrantees, guarantees, spare 15arts been submitted 6. Have all punch list items been corrected and final inspection report issued. 7. Have time ex&nsions-been.authorized. 8. 1 Have As-Builts drawings- and specs been submitted 4. Have all contract compliance requirements been satisfied. 10. Have all permits been satisfiedandnotice filed 11. Have inspectors signed off on structural, grading, lwnbin , electrical, etc. items. 12. Has the closeout data sheet been filed j L i'atterson$ Assadates: 22 • 19. Have RFI, CO, Sdbmittak, logs, correspondence been filed and boxed 14. Has notice-ofcompletion under storm water pemrlt been filed with the State Water Resources Control Board. 15. Have the mitigation monitoringforms been completed and filed. As-RAp The purpose of the as built drawings,is to have an accurate record. of the project as constructed for future reference. As such, our procedure will involve the following: ➢ At the end of each month, our construction management team will inspect the status of record drawings to verify that they are being kept current during construction and that all necessary information, field clarifications, etc. have been shown. if our representative determines that they are not being kept current, or that necessary information is missing, we will issue a non-compliance notice advising the Contractor that next month's payment application will be withheld if the record drawing deficiencies are not comded. Once the project is completed, it our responsibility to collect the as -built drawings from the Contractor, log them and transmit them with a cover memo to the City of San Juan Capistrano per standard submittal processing procedures. 2A Prosect Schedtde. The project schedule provided on the following page details our work plan to successfully complete your project within 9 months. We anticipate the end of Phase 1— Pre -Construction by April 24, 2006; the end of Phase H — Construction by August 15, 2006 and the end of Phase III - Post -Construction by September 15, 2006. , ILE L' m LL' IN i l' M LR' lh W m ' ou '.Sl :N V w lei '.m 'm Qm 3 3 3 d NI Nj N N N; mll NI (O I I V O D m 7J m (73 D CJ u m m w N m n K K y 0 N m 0 0 0 o y d 'n o m 0 0 n i= o �o s(N m om o 3 o -0 D oomK°Jmmn m 3o3 3 m 0 0 0 mmnor Do3 » °: m o m 0 T to O 3 O m O d � O a � N N n C 3 o d o d o 0 a m 0 O N _ S � m d a O C_ O_ d O S 'i 4ll N {U d d d m d d d N d d d d d d d d d d d d d d d a d T m m m m Ac 3 c c c o c c `2 0 m c c a a a n n m o 0 0 0 0 o O o m m 0 m m T m a a a m m c0 c0 N W W OG W Q Q N N N N N+ N N N N N C= W Oo m D7 Of Cn > ; -+ 2 521N A � ... J U (O f0 N 0 0 0 m rn rn rn rn rn rn w m rn rn rn rn m rn rn rn rn rn rn m m rn rn m S T T C C C T C C C C C C C C C T J C O O O O -i i O C C fp [p W cp -— W m m N— A A (n (n fN9 N cD N OI (T (T (n (n Ut [T (P (n W J S-A A :Et V O m A A NN rn rn rn m rn m rn rn m rn rn rn rn o o '0 Si rn rn rn a rn rn rn rn rn rn a rn rn l^� Il l� II l l I r' I! I I it I II 'rl rl II I �! ill 1 Ai h II I' ]I l I lil �I l^� 4/4/2006 JG AGENDA REPORT TO: Dave Adams, City Manager 9`' FROM: Nasser Abbaszadeh, Engineering and Building Director SUBJECT: Consideration of a Personal Services Agreement for Construction Management Purposes - Vereda Bikeway Undercrossing (CIP #124) (J.L. Patterson & Associates, Inc.) City Council Priority No. 4 RECOMMENDATION: By motion, approve a Personal Services Agreement for Construction Management purposes for the Vereda Bikeway Undercrossing project to J. L. Patterson & Associates, Inc. in the amount of $214,913.29. SITUATION: A. Summary and Recommendation: Proposals for construction management services were opened on February 6, 2006, for the Vereda Bikeway Undercrossing. Staff is recommending that City Council award the Agreement to J. L. Patterson and Associates. B. Background: The Vereda Bikeway will provide a separated undercrossing of the OCTA rail crossing adjacent to the north bank of San Juan Creek. It is the final link of the bikeway along San Juan Creek within San Juan Capistrano. Major funding for the construction phase of this project has been provided from a Federal Transportation Enhancement Act (TEA) grant in the amount of $1,078,912 which is administered by Caltrans. Design services for the project were provided by J.L. Patterson and Associates. The construction contract was recently awarded to the John S. Meek Company, Inc. The preliminary construction, clearing and grubbing of the site, started in the week of March 137, 2006, while the main construction phase, structural work, is slated to begin in May 2006. The project is expected to be completed in September of this year. The nature of this project, structural sections involving railroad tracks and operations, geotechnical testing, design support and coordination with outside Agenda Report • Page 2 0 April 4, 2006 agencies has necessitated a specialized Construction Management (CM) team to fully handle its complexities. The CM team will also process the federal paperwork to ensure compliance with the TEA grant requirements. Staff issued RFP's to eight engineering and consulting firms in February, and out of eight firms, four proposals were received for review and evaluation with respect to the following criterion: Training, experience and demonstrated ability of the designated individual, who will be the project manager. Training and experience of support staff. Ability to deliver the required work to meet the project schedule. The four proposals and their respective CM costs are as follows: Culver Group $238,410.00 J.L. Patterson and Associates, Inc $214,913.29 Psomas $343,772.00 Willdan $223,820.00 Staff reviewed the proposals and found J.L. Patterson and Associates, Inc. to be the best qualified firm to perform the required construction management services. Staff, therefore, recommends award of a Personal Services Agreement for the Construction Management Services for the Vereda Bikeway Undercrossing to J.L. Patterson and Associates, Inc. in the amount of $214,913.29. FINANCIAL CONSIDERATIONS: The Fiscal Year 2005/2006 Capital Improvement Budget has allocated $2,083,912.00 for the design and construction of the Vereda Bikeway Undercrossing. The construction costs for the undercrossing is $1,734,444.00 and an additional $213,913.29 for construction management purposes would still be within the current fiscal year budget. NOTIFICATION: J.L. Patterson and Associates, Inc., - Jacqueline Patterson* * Agenda Report Included. Agenda Report Page 3 RECOMMENDATION: April 4, 2006 By motion, approve a Personal Services Agreement for Construction Management purposes for the Vereda Bikeway Undercrossing project to J. L. Patterson & Associates, Inc. in the amount of $214,913.29. Respectfully submitted, Nasser Abbaszadeh Engineering and Building Director Attachment(s): 1. Vicinity Map 2. Request for Proposal 3. Personal Services Agreement Prepared by, uriannI ' Engineering Assistant THE CITY OF SAN JUAN CAPISTRANO N Q, ATTACHMENT I let PROJECT Loc di -4 0 3000 6000 9000 Feet ATTACHMENT I 0 2400 PASEO AOELANTO i 'AN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www,sanj uancapistrano. org Jwar► � IA[01lBAAiFI PITA I LISA 10 I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHOATE WYATT HART JOE SOTO DAVID M. SWERDLIN February 6, 2006 THE CITY OF SAN JUAN CAPISTRANO REQUESTS PROPOSALS for Construction Management and Inspection Services for Vereda Bikeway Undercrossing Project I. Invitation For Proposals The City of San Juan Capistrano invites proposals for construction management and inspection services for the federally funded Vereda Bikeway Undercrossing project. II. Project Location and Description The project is located adjacent to the north levee of San Juan Creek, west of Camino Capistrano. The project is to provide a safe, grade separated undercrossing of the LOSSAN (Los Angeles to San Diego) rail corridor. In order to provide the undercrossing, a new rail bridge will be installed approximately 60' north of the existing rail bridge spanning San Juan Creek. Access ramps will be constructed east of the undercrossing which will connect to the existing trail behind the Plaza del Rio (Vons) shopping center and to the west to a new section of trail connecting the project to the recreational bridge crossing over Trabuco Creek. The project also includes construction of retaining walls adjacent to the access ramps, a drainage system (including a sump pump), modifying the City maintenance yard and replacement of landscaping, irrigation, and pavement behind Vons. The undercrossing is the final link of the Vereda Bikeway for that section of the bikeway extending from Doheny State Beach to the east City limit. This trail is included on the City and County of Orange Master Plan of Trails and will ultimately extend though Rancho Mission Viejo to Casper's Regional Park. To fund the project, OCTA and the City obtained a Transportation Enhancement Act (TEA) grant for $1,078,912. Additional funding is provided by City and a Measure M grant. ATTACHMENT 2 San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed oP rerycletl paper The project has been reviewed and approved by OCTA, the Orange County Flood Control District (OCFCD), the County of Orange, Fish & Game, Army Corps of Engineers, Metrolink/Southern California Regional Rail Authority, the Public Utilities Commission, MCl/WorldCom and CalTrans, who administers the TEA grant. A construction contract with the John S. Meek Company was recently awarded for $1,734,444. III. A. Requirements This request for proposals (RFP) is for construction management and inspection services for: 1. The consultant to become extension of City staff and represent City in meetings. 2. Managing the project in compliance with federal and state mandates. 3. Organizing, maintaining, and tracking construction files and documents, including, but not limited to CalTrans documentation of required labor monitoring and project progress. 4. Processing of all required paperwork and forms necessary to obtain the Federal TEA reimbursement. 5. Providing necessary inspection for quality control/assurance and support services, to include pre -cast bridge beams. 6. Geotechnical support services including, but not limited to compaction testing and concrete testing. 7. Contacting all agencies (CalTrans, County, OCTA, MCI and SCRRA/Metrolink) to facilitate construction effort. 8. Planning, preparing, and processing reimbursement requests through CalTrans. 9. Reviewing falsework plans and shop drawings. Drawings will be reviewed in a timely manner as specified in the specifications. Drawings will be stamped "CONFORMS", "CONFORMS AS NOTED", or "DOES NOT CONFORM". 10. Coordination with the design engineer, J. L. Patterson & Associates (Naren Patel) in regard to design changes, etc. 11. Preparing responses to all of the City's and contractor's "requests for information" as directed by the City. 12. Reviewing and approving project progress reports and payments. 13. Finalizing project files and obtaining CalTrans approvals for the project at completion stage. 9 0 negotiations and enter into negotiations with another firm. City reserves the right to reject any or all proposals submitted. Any award made for this engagement will be done to the consultant, whom in the opinion of the City, is best qualified. XII. Insurance Requirements The consultant will be required to provide insurance as follows: • Workers' compensation • General public liability and automobile ($1,000,000 limits) with the City named as an additional insured. • Professional liability ($1,000,000) XIII. Non-discrimination The consultant shall not discriminate in the hiring of employees or in the employment of sub -consultants on any basis as prohibited by law. XIV. Contact , Please direct all your inquiries to the undersigned at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, or 9491443-6350. Sincerely, erta_'nve Engineering Technician Attachments: a. Tentative construction schedule* b. Project plans c. Project specifications** *To be adjusted to coincide with February 23rd pre -construction meeting. **Not included due to size. Please request shipping or in-house review. 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _day of , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and J.L. Patterson and Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the construction management, inspection, materials testing, and geotechnical services forthe Vereda Bikeway Undercrossing Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed no later than December 31St, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Two Hundred Fourteen Thousand, Nine Hundred Thirteen Dollars and Twenty Nine Cents ($214,913.29), as set forth in Exhibit "A," attached and incorporated herein by reference. ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. E Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be.subject to the direction and approval of the City. K • 4 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: 0 0 0 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City=s General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. N1 0 0 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Brian Ige, Engineering Assistant To Consultant: J. L. Patterson & Associates, Inc. 725 Town & Country Road, Suite 300 Orange, CA 92868 Attn: Jacqueline Patterson Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 0 0 • Section 19. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO M CONSULTANT By: C�E�� e= �e L �CcocrS�T— ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: _ _-- John R. Shaw, thy Attorney PACity Manager\Attorney SharedW.greementsTersonalServicesAgreement.doc 7 1,7 • �saGiilr 1, ��mata4v continuity of staff is critical to an expeditious project completion and have only assigned staff with adequate availability for the life of the project. A resume for each person listed on the organization chart follows. ewrf it& r%w v Pf i I v Aop- I I -A* AW Aft&%4WWA"S4r 1 *4 (- l I P� Exhibit "A" J.L Patterson & Associates, Inc. 9 0 SubTotal-Subcontractors Other Direct Costs (ODC's) Direct Costs Vehicles 2 vehicles/month for 13 months at $600/each Cell Phones/Pagers 2 for 13 months at $250/each Postage & Courier (per task) Printing (per task) Telephone (Long Distance - per task) Transportation (@ $0.32 per mile) Travel Lodging Per Diem Total Other Direct Costs $19,015 $6,000 $2,500 $0 $0 $0 $o $0 $0 $0 $8,500 TOTAL CONTRACT COST $214,913 COST PROPOSAL FOR VEREDA BIKEWAY U(C CONSTRUCTION MANAGEMENT BASED ON 9 MONTHS CONSTRUCTION Contract No. Date: February 28, 2006 Consultant: J.L. Patterson & Associates Project: Vereda U/C 725 Town & Country Road, Suite 300 Orange, CA 92868 714-835-6355 fax 714-835-6671 DIRECT LABOR Classification Name Hours Rate/Hr Amount Principal -in -Charge Jackie Patterson, P.E. 24 $ 75.00 $1,800 Construction Manager Tom Tappan, P.E. 420 $ 63.00 $26,460 Design Support Naren Patel, P.E. 280 $ 57.68 $16,150 Office Engineer Kahan Allay 240 $ 44.50 $10,680 Structural Inspector Jay Craft 300 $ 54.00 $16,200 Clerk Vanessa Ramirez 164 $ 17.50 $3,220 Civil Inspector Brian Escalante 240 $ 27.56 $6,614 $0 $0 $0 $0 Subtotal - Direct Labor 1,688 $81,125 Overhead and Fringe Benefits Fringe Benefits 33% $26,771 Overhead (% of DL) 77% $62,466 Subtotal- Overhead and Fringe Benefits $89,237 Total Direct Labor, Overhead and Fringe $170,362 Fixed Fee 10.00% $ 17,036.21 Subcontractors Group Delta - Geotechnical/Soil-Material Testing $19,015 SubTotal-Subcontractors Other Direct Costs (ODC's) Direct Costs Vehicles 2 vehicles/month for 13 months at $600/each Cell Phones/Pagers 2 for 13 months at $250/each Postage & Courier (per task) Printing (per task) Telephone (Long Distance - per task) Transportation (@ $0.32 per mile) Travel Lodging Per Diem Total Other Direct Costs $19,015 $6,000 $2,500 $0 $0 $0 $o $0 $0 $0 $8,500 TOTAL CONTRACT COST $214,913 D Ol D N h � O W W Q N x Z 0 LU W CL m to N J 0 O N h O N O O O tOD O W H N N tO Q Q N M O N m NNP O W N O M P O fD fV nONeCm N N Q 0 N r CD HHHHH HH C b N O r N M n GI O o�rvrn�ri n � t0 MNM t0 HHHHH Hf9 H H OO 0 0 0 0 O UD M H H H H H H H Q O O O O Q O W N V N N M W N (OD g 0 0 S O O O O N H HH H H g a. g g gg gC: Q 000 N O N YJ r O O Q Q M M � M N H HH H H O O O O N O O O O �O Q O O Q O M G7 M O Q H HH H H O O O O Q O O O O M O O C O N O O O g N 0 O N N OP Q cl Q H HH H H m O 0 0 O O O O O N g o0 0 Q H HH H H O O O [O g O O O O O O O m Q Q N Q M O (O N aD O Q N H HH H H aaaaaaa J J J J J J J - N C � O a C � m � c t c 4 c c E_ N m ._ o �° o m m N m U p W > pCl) c�a p - m � O O N U H o aim 0 m . a U m d�a�W s a U, o� o � � m Y 0 U 00 m v ° U La m O m U Q c o m d c �� o O N m m o w m J O p w m t O J c� $iit_ c ¢ U `m as Q F j O L L = d000m0U w 0 070 D Ol D N h � O W W Q N x Z 0 LU W CL m to N J 0 O N h S F Z m W 7 J 0 W F U W 11)0 Ix a a m n ci > ¢ ° O Z N O O H tO Q Q N M O m NNP O W N O M P 00470 MP Q C V N N Q 0 N r HHHHH HH S F Z m W 7 J 0 W F U W 11)0 Ix a a m n ci > ¢ ° O Z 2.0 SCOPE OF WORK 2.1 Introduction �Y 1 .. .. �.., ,tv The City of San Juan Capistrano is looking for a qualified team to perform Construction Management and Inspection Services for the Vereda bikeway Undercrossing Project. The decision you make as you review the proposals to perform the Construction Management Services will directly impact your time and efforts for at least the next 9 months to one year. It is important; therefore, that you select a team that is willing to go the extra mile for you in meeting your needs and a team that understands your work. J.L. Patterson & Associates, Inc. (JLP) would like to be your choice as you commence the construction of one of the most important projects in your City. We want to have you as a long -tern client. We have read the Request for Proposal and understand the scope of work, the budget, and the schedule requirements. We are experienced in every component of your scope including the design and construction of undercrossings under railroad traffic, coordination with utilities, inspections, construction sequencing, coordination with railroad operations, railroad flagging, storm drain relocations, coordination with multiple agencies, etc. Although there is always more than meets the eye in every project, digging into technical issues and finding solutions is what we do best. The Vereda Bikeway Undercrossing is the final link of the bikeway for the section extending from Doheny State Beach to the east City limit. This trail is included on the City and County of Orange Master Plan of Trails and will ultimately extend through Rancho Mission Viejo to Casper's Regional Park. As you embark on the construction of this grade separation you need a team with the following characteristics: A team with experience with projects that are funded by multiple agencies. We have a record of long term participation with federally funded projects. We are very familiar with the reporting requirements of projects of this nature. Some of the most notable projects we have participated in recently include the Alameda Corridor Project, Alameda Corridor East, Los Angeles County MTA - Metro Red Line, San Fernando Valley's Orange Line, and Metrolink. • A multidiscipline team with talented personnel. Every single team member was hand- picked by the principals of their firm because they are the best for the project. • Local knowledge of the site and all of the stakeholders. We have long term relationships with several of the stakeholders including your City since we participated in the design of this undercrossing, Metrolink, OCTA, Orange County Flood Control, and several utility companies. • Familiarity with this type of project and with the workmanship of your selected Contractor, John S. Meek Company. The "been there... done that" approach that will allow savings to the City by anticipating any aspect irregularity in the work that could impact schedule and/or cost. J.L. Patterson & Associates, Inc. , k. 10 • A dedicated team willing and qualified to make decisions in the field with minimal supervision from your staff. • A team with an impeccable track record in delivering construction projects free of claims, on time, and on budget. JLP is that team. We have familiarized ourselves with the project, the third parties involved on the site, and we bring "lessons -learned" from other recent projects to your benefit. 2.2 Key Issues 1 Resolutions Through our field investigation we have learned of key issues that could affect the timely completion of the Vereda Bikeway Undercrossing. The issues and how we plan to address them are shown below. Coordination with Railroad Operations. The Los Angeles to San Diego rail corridor, known as LOSSAN, is a heavily utilized corridor with services provided by Metrolink, Amtrak, and the Burlington Northern and Santa Fe Railway. Therefore, it is imperative that their operations are not disrupted. All railroad companies are driven by the quality of the services they provide to their clients and deliveries to their clients must be maintained at all times. When the deliveries are passengers trying to get to their destination on time, the quality of service is even more important. We have ample experience not only in the construction of bridges and undercrossings, but we are also very familiar with the Railroad officials for all railroads. This will facilitate coordination and agreement as construction begins. JLP is an expert in worldne under rail traffic. During the past 16 years, JLP has managed the construction of siding tracks, spurs, drill tracks, shoofly tracks and yard tracks, all without affecting rail traffic. Our personnel are qualified on "on -track" safety requirements for roadway workers. In fact, 64% of our work force holds current Roadway Worker Certification, which is now required by the Federal Railroad Administration. This is a record that will not be matched by any of the other proposers. The reason behind our high percentage is that J.L. Patterson & Associates specializes in rail design and construction management. We also have a safety trainer on staff who is currently providing safety classes for the Alameda Corridor Fast Project. lEs safety course has been accepted and certified by the Union Pacific Railroad Safety Department and Metrolink. Pile Driving '—� The scope of work for the contractor calls for pile driving. This operation needs special attention because of potential unforeseeable conditions underground. For example, if ii J.L Panerson & Associates, Inc 1 t ii 0 0 large boulders are encountered, 7LP will make sure the contractor is ready to handle the situation effectively. We pledge to ensure that the contractor is well prepared with the necessary equipment such as pile shoes to counteract this situation if it occurs. Since the piles will be driven under operating railroad conditions, either track and time or Form B protection will be required. All concerned parties including Metrolink, BNSF and Amtrak will be kept in constant communication to complete the driving in the established time. Our Geotechnical Engineer will also be present to ensure the pile driving operations proceeds as planned. Utilities Through our participation in other construction projects, we have learned that unmarked, undocumented, underground utilities are a great concern and the source of most change orders on projects. Although we do not anticipate utility relocation problems with MCI WorldCom, or others, we must prepare for them. Unexpected utility relocations can shut down our construction site. Some utilities take a long time to respond. Therefore, we propose to produce a Utilities Matrix as a tool to track progress of relocations and avoid slippage of our schedule. Our Matrix will have the current utility point of contact name, phone number and e-mail (if available) to ensure they feel part of the program and gain our trust and confidence. Bridge Replacement Alk The bridge replacement process needs to be supervised by an experienced construction manager who is familiar with railroad operations and who is competent with working under construction windows. It is planned that this operation will be performed under a week -end window. Our Tom Tappan has the right experience to review the Contractor's detailed hourly schedule showing step by step construction of the bridge during the window period. He will ensure that the contractor prepares a detailed plan showing parking and movement of equipment and vehicles during construction. • Controlled Conflicts A construction project invariably affects the neighborhood in one form or another, but these conflicts can be controlled and/or minimized with proper communication and early detection. These are two of the tools that our Construction Manager, Tom Tappan will utilize to facilitate the construction around these active facilities, the VONS Parking Lot, for example. We will ensure that suitable 0 notifications and advance warning signs are properly placed to inform the businesses during construction and minimize impact to their operations. tL Patterson & Associates, Inc. 12 0 41 • Documentation and Paperwork A successful project can only be assured through proper development and maintenance of project records and reports. Complete and accurate documentation is required to prevent and resolve claims and disputes expeditiously. Kenan Altay, our proposed office engineer, is an extremely well-qualified individual who will document all relevant information prior to the filing of claims to prevent being unprotected due to the lack of proper record keeping. Extra work, delayed work, disputed work and unforeseen conditions will be documented to ensure maximum protection for the City of San Juan Capistrano. Our contract administration plan includes keeping accurate logs for RFI's, RFC's, Change Orders, and Submittals. We will ensure all inspectors produce accurate daily inspector's reports; that our office engineer keeps timely and accurate account of progress payments, meeting minutes, etc. Our team shares in the belief that a well-documented project is a successful project. 2.3 Construction Management Plan 1 Deliverables The JLP Team will keep your project moving smoothly from pre -construction to closeout. We will provide you with the extra eyes and ears needed during the construction program as well as the technical expertise and the relationships with third parties to make the project a success. 2.3.1 Phase I — ho-Caruanretion We have the edge on our competition because of the fact that we are very familiar with your project and we can provide you with these services in a cost effective and efficient manner. Project Otgankation Our Project Manager, Tom Tappan, P.E., will help you, the owner, define and organize the project team, establish lines of authority, and structure decision-making. We will make recommendations on the need for consultants and help define your responsibilities, as well as those of the designer, construction manager, and other team members. Coninvmicaft s and DocurttentaWn Today's complex construction projects and programs are extraordinarily information intensive, Effective project controls require accurate and complete communications and documentation. We will develop a Construction Management Procedures Manual to use as the principal tool to achieve these goals. It will contain the guidelines that will direct the project and will set forth policies, procedures, and practices for all elements. j.L Pauerson & AsaodatM Inc. 13 • 0 In developing the plan, we will encourage input from design and construction staff. This process enables project team members to forge an effective partnership. Project Management and control Services (FMCS) Our approach to providing project management and control services is one that can be used on projects of all sizes. At the heart of our services is our project controls team, which develops, maintains, and operates the project knowledge base. By drawing on rich and varied experiences the controls team tailors an integrated and automated project management solution. The resulting database, communications, and reporting I system is built on the philosophy that complete project l information must be available from any location, on any computer, at any time of the day or night, and must be based on a single source of real time information. This is accomplished by focusing first on the Intemet as an information delivery and communications vehicle, while also emphasizing the value added of the underlying relational database. Maintaining a comprehensive database is an approach far to simply storing files. The integrity and depth of our database ensures that (a) all the information needed by users to perform their jobs has been captured, (b) the data is always current and consistent, and (c) the data can be searched and cross referenced for any type of inquiry. In complement to the project database, we can develop a secure site on the Internet as the home for online storing and sharing of all pertinent project documents: CAD files, progress photos and videos, correspondence, insurance certificates, etc. Access to these documents and all information stored in the project knowledge base is controlled by a sophisticated security system that regulates data on a strict need to know basis. Document Control and Reporting Our Team will set up a document control system which provides complete documentation for historical purposes, identifies documents that require follow-up or status tracking, and provides a method of quick document retrieval. Our reports will be tailored to the project's needs and will include a monthly progress report. This report, issued throughout the project, is a basic tool we use to keep the owner informed about project progress. Deliverables Our deliverables for this phase are as follows: a 1. Construction Management Procedures Manual 9 ■ J.L PUM-wn & Anodaees, kr- 14 W 0 0 112 Plmse It — Construction Services Since the contractor has already been given notice to proceed, our Team proposes to commence right after selection with our responsibilities for our project control system during construction. In addition, we will take on new responsibilities for quality control, coordination, and inspection. Design Support Nnag Construction JLP proposes to provide overall management and coordination for the design support work under this task, including attendance at progress meetings with City staff. Naren Patel will serve as Project Manager with overall responsibility for this part of the contract. The JLP management team will develop the budget and track the project budget. Deliverables 1. Project budget 2. Updates Permit Approval JLP proposes to revise the plans to incorporate the coma Permit approval, if required. li.`:11Pf?1 7 1. Revised Plans Contractor Submittals d Luring the construction phase of the project JLP will review contractor submittals to it determine if they conform to the specifications. If exceptions are noted they will be identified on the submittal and returned to the project construction manager. Deliverables 1. Submittal Logs 2. Reviewed submittals returned with JLP stamp noting exceptions to the specifications, if any Response to Request for an fw Requests for Chan" JLP will respond to contractor questions, requests for information (RFI), or requests for change (RFC) about the design from the resident engineer during construction. Ji. Paawson & Awadaws, krc is Q 0 11 1. Response to requests for information/change 2. RFI Logs 3. RFC Logs Construction Coordination and Meefings JLP will attend progress meetings with the CM team and/or contractor to coordinate design issues as they arise. Deliverables 1. Participation in up to 10 progress meetings and 8 site visits. Protect ContrWs Our Team will manage construction with effective tools for schedule control, cost control, and reporting. Schedute C*ntrot. The Resident Engineer will establish systems and procedures such as project filing system, submittal review, test report review, RFI processing, payment processing, change order processing, and claims processing. The office engineer will report directly to the Resident Engineer and assist in project controls with responsibility for review of schedule and cost and maintenance of as -built records. The JLP Team recognizes that initial development of the project schedule is critical. Accordingly, we will work with all project participants to identify discrete elements of work with corresponding durations, interfaces and responsibilities clearly established The schedule will reflect a safe approach to execution with consideration for constraints of operations, design, constructability, and resources. The schedule will represent a key management tool with one objective in mind: to t deliver the construction of the Vereda Bikeway Undercrossing by August 2006. This " tool facilitates measurement of schedule performance through assessment of actual 1 versus planned progress. The schedule will manifest trends, which serve to alert management of required mitigating actions. The schedule also offers perspectives on it opportunities for improvement. Through close monitoring and analysis of the schedule, the RE will direct resources consistent with the above goals of on -schedule, * on -budget performance. The JLP Team brings extensive experience in the use of Primavera Project Planner (P3), which is recognized throughout the construction industry as a standard for effective schedule management. This experience includes processing Contractor pay estimate through P3 to effectively correlate measured a J.L. Pamerson & Assodates, Inc 16 0 0 progress and costs. Our experience also includes strict as -built documentation through P3 for complementing proactive claims avoidance practices. In addition, our scheduling control functions will include review and approval of the baseline construction schedule, monthly schedule updates and 3 -week look ahead schedule submitted by Contractors for compliance with the construction contract specifications; provide assistance to develop work -around schedules or recommend other measures required to mitigate delays or expedite the schedule; review and approve delay analyses submitted by Contractors for change order work; and prepare monthly reports summarizing Contractor progress, critical path analysis, contractual milestone comparisons of baseline versus current schedule, and resource and cash flow projections. Cost Control. The JLP Team has very recent experience in this area on projects similar in magnitude and type that form a baseline for comparison purposes in both design and construction. From this, we propose in concert with the City of San Juan Capistrano to incorporate the basis elements of a cost control program, which means establishing realistic budgets and monitoring the progress against the construction budgets. We are fully aware of your $1,734,444 Million construction contract and will work very diligently to achieve that milestone budget. The JLP Team will review fieldwork and approve the Contractor's payment requests. At the end of each reporting period the Resident Engineer will provide the City Project Manager with summary logs indicating change orders, claims, bid adjustment items, and incurred cost. A three-month look ahead will also be supplied to compare the original Work Plan and Budget to the actual. i The Resident Engineer will receive standard cost reports monthly that detail all labor and other direct charges to the project. He will also review all time charges, expense reports and subcontractor invoices of staff working on the project. The JLP Team will review the Contractor's engineering change control system to monitor changes from the baseline. We will also monitor and report on all activities to examine whether requested changes and design definitions might adversely affect the program: schedules, specification compliance, quality, reliability, and it maintainability. i The JLP Team will evaluate the Contractor initiated change order proposals and provide fair cost estimates and an assessment and recommendations to the City of San Juan Capistrano relative to the Contractor's proposed change. We will also assist the City in change order discussions and negotiations with the Contractor. Additionally, we will assist with the preparation of change orders desired by the City. Cos- E -6-n :an g. Our primary goal in estimating is preparation of fair cost a estimates as a support for the equitable treatment of contract changes. We will tL Pamerson & Associams, kr— 17 0 0 prepare fair cost estimates of changes consistent with the City of San Juan Capistrano procedures, contract provisions, the Construction Management Manual, and sound construction management practice. The Team will use these estimates for the good - faith cost negotiation of changes with the Contractor and as back up research documentation. Our office engineer will also assist in the evaluation of Contractor's bids. His focus will be the identification of apparent bid balancing which may work to the detriment of the City. This study will prepare the Team for negotiation of contract schedule of values. Repor-Ung. Our reporting system will be effective. Our cost reports compare actual expenditures against budget. They identify potential overruns or under -nets in each construction element or contract. Our progress and narrative reports will identify problems and solutions. They will include schedule and cost status, the preceding month's developments, plans for the current month, future plans, requests, recommendations and general comments. We will establish each report's format and distribution with the client early in the project. Fwd Services Our field staff will manage construction contracts for the City of San Juan Capistrano so that work is completed in accordance with contract requirements. We will provide for clarification of discrepancies, resolution of questions, monitor the contractor's performance, and act as the focal point for construction interfaces. Ouatisy Control and Assivrance, Our Team will systematically verify that reviews, certifications, inspections, and tests are being performed. Our quality assurance plan will include documenting all inspections, identifying items that have been satisfactorily inspected, and targeting those requiring corrective action. The inspection function of the construction management team is the fundamental QA/QC process to ensure that the City of San Juan Capistrano gets a quality product consistent with the best method and materials available compatible with the contract documents. Objectives of the quality assurance and inspection program are to determine whether or not the Contractor's quality assurance system, controls and procedures are quality oriented and are effectively implemented. To achieve these objectives The Team will provide seasoned inspectors who have a broad working knowledge of undercrossing and rail projects similar to the Vereda Bikeway Underpass Project. The lead inspector on our project is the Resident Engineer; he is then supported by a team of inspectors who are his eyes and ears in the field. Our Team of inspectors will prepare daily field reports detailing weather conditions, status of work, and the location and type of work performed by the Contractor. For each daily work activity, I j.t. Pk Gerson & Assodaws. [M. to 0 0 they will document the number and classification of craft labor, supervision, equipment, and materials used. The inspectors' routine responsibilities during construction will include, but are not limited to, the following: ➢ Provide daily inspection and documentation of all job related activities. ➢ Prepare and maintain thorough daily inspection reports. ➢ Provide continual review of plans and specifications to identify. discrepancies, and ambiguities, omissions, or conflicts in plans specification, and bid schedules that may generate misinterpretations and/or lead to disagreements. ➢ Provide inspection oversight for utility relocations performed by non -City Contractors. ➢ Coordinate work schedule with Contractor for testing and surveying. ➢ Document information related to manpower, equipment, and time for extra or force account work or claim monitoring. ➢ Attend and document Contractor tailgates safety meetings. ➢ Observe and enforce safety attire compliance requirements and on -track safety certification. ➢ Confirm accurate measured quantities and review pay estimates submitted by Contractor. ➢ Provide electronic pictorial and video logbook of construction activities. ➢ Report all discrepancies requiring corrective actions. ➢ Meet with Contractor to review proposed work and schedule required inspection. ➢ Provide monthly inspection of Contractor's As -Built drawings. ➢ Maintain separate As -Built drawings. ➢ Develop "Punch List" items and follow-up with corrective measures. Ccnrract A<irnmistra6on. Our office engineer will check that contractors submit shop drawings and other documents as scheduled and that they are returned as required. We will facilitate the process to avoid delays. Document clarification is a continuous part of administering construction contracts. To check that all parties are acting in a timely manner, we will track when the clarification is requested, issued, received, and sent back to the contractor through our system. Monthly project progress reports submitted to the City of San Juan Capistrano will include at least the following items: ➢ Proceeding monthly activities ➢ Activities planned for the following month ➢ Budget status, total and monthly forecast, change order status ➢ DBE participation update IL P+ttsrson & A tnc 19 0 0 ➢ Milestone bar chart showing actual progress versus forecast, with respect to design, manufacturing, testing and delivery ➢ Open items list highlighting areas where the City of San Juan Capistrano, the JLP Team or the Contractor are overdue ➢ Major issues and concerns and proposed corrective action ➢ Correspondence, drawing logs, and documentation management reports ➢ Status of modifications, approvals, and program retrofits ➢ Update of project meetings ➢ Tailored progress reports for federal funding agency review Coordination with Ongoing Operations. Project activities must often be coordinated with Metrolink's ongoing railroad operations; under no circumstances, should the patrons of Metrolink, BNSF or Amtrak be affected. We know how important on-time performance is to their customers. When such an instance is anticipated, we will develop a written operations coordination plan that describes the scope of work to be accomplished and the precautionary measures that will be taken to safeguard existing occupants, protect equipment and utilities, and maintain operations and security. i Otsovu e aAvcmidance arfd Re,;cAL,6ej During construction, management of ti disputes and claims is critical. Our Team will make disputes less likely by rigorously implementing practices born of our extensive experience in construction management and claims resolution. These include timely responses to the contractor, proper project controls, accurate documentation, and fair and reasonable field administration. Our control systems provide exception reports to assist in identifying and preventing potential problems. If a dispute cannot be avoided, our claims staff offers dedicated, field -accomplished construction professionals who focus exclusively on dispute resolution services. Startup. Occupancy, and IAccepra.nce #-oceocres. Our startup, occupancy, and acceptance procedures provide a smooth transition from construction to use. These procedures, incorporated into the master schedule months before construction completion, coordinate the client's needs. Before final payments to contractors, we review required releases of claims. Daring initial use of the facility, we will monitor compliance with the contract regarding post -acceptance items and services. Safety MomtorioL Labor Compliance, apd Commu iry Re!avops. To keep a project safe, contractors must follow a well-written safety program and have good housekeeping rules so that violations, however minor, are immediately identified and rectified. Our Team will review the contractor's safety program to ensure they are versed with working under rail traffic. We are aware of the number of trains r traversing the route and the contractors have to incorporate this consideration into their safety plans. is J.L. Patterson & Anodatm hrc 20 in 0 0 Community Relations. Construction projects can be slowed or stopped by com- munity and environmental concerns. We know that our role will be to supply accurate information to the City so that you can communicate with the community to inform them of the upcoming construction operations. Hazardous Material Identification and Remediation. One of the concerns inherent to existing railroad rights-of-way is the inevitable presence of hazardous materials. Chances are very high that, at least in one area, there will be some concentration of hydrocarbons. Contaminated soil excavated from depressed sections of the alignment may require development of onsite screening procedures, appropriate disposal methods, and health and safety protocols during excavation and transport. Contaminated groundwater beneath the alignment may affect construction of the undercrossing relating to the requirements for construction dewatering. It is imperative, therefore, to have a hazardous material identification and remediation plan. The JLP Team is very familiar with this plan, as we continuously work along railroad lines_ Our plan will facilitate prompt and legal disposal of job -site hazardous material during the construction process. Proper containment methods so the contamination does not spread (covering the material until it is properly disposed of) and testing samples of water and soil to assess the degree of contamination and the proper disposal of the material. storm water pcwvc'wn The JLP Team will prepare narrative for the Storm Water Pollution Prevention Plan (SWPPP) to he finalized by the City of San Juan Capistrano and the Contractor upon construction contract award. The Team will define Best Management Practices using the City's SWPPP as a model. Erosion control plans will be developed to define the application of physical controls as described in the SWPPP narrative. The Team will monitor SWPPPs on a daily basis during construction. CaVOSHA - Risk and Hazard A0.f�A@ysis, It is the policy of our Team that accident and illness prevention shall be considered of primary importance in all phases of operation and administration. It is our intention to provide safe and healthy. working conditions and to establish and insist upon safe practices at all times by all employees. The prevention of accidents is an objective affecting all levels of our companies, our Team, and their operations. It is therefore, a basic requirement that each supervisor make the safety of all employees an integral part of his or her regular management function. We will also coordinate with the City to address issues, which have the potential to impact the general public. AS A TEAM OF PROFESSIONAL CONSTRUCTION MANAGERS we will organize every element of a construction project and make sure each is carried out smoothly. Because no project is trouble-free or formula -built, we will anticipate the unusual and adverse; we will develop and assess alternatives to head off problems and will help the City of San Juan Capistrano choose solutions. With our services, innovative approaches and expertise, we will help you complete your project successfully. J.L Pme son & Assodatm Inc 21 0 0 Deliverables The deliverables from this Phase is a safe project accomplished within budget and schedule. 2.3.3 Phase !U — Post -Construction There will be several stages of project acceptance at closeout. Our Project Manager will make sure that the City takes beneficial occupancy of each completed phase of the work and will document punch list items received from the inspectors. They will ensure all change orders have been completed, that there are no outstanding claims, that final amount of liquidated damages, if any, were assessed at the time the contract milestones were reached, that all final quantities are properly accounted for, that all test certifications, operation and maintenance manuals were received, that all outside agencies have signed off on the contract at completion, and finally that there are no liens against the Contractor from subcontractors and suppliers. Our Team proposes the following checklist to ensure quality and accuracy of the closeout procedure. CONTRACT CLOSEOUT CHECKLIST Project Title: ZContract Manager. Contract No.: NTP Date: Deputy Construction Manager: Substantial Completion Date: Proposed Acceptance Date: Initial Initial Not Completed Completed Exceptions/ PM No. Action Item Items Items Comments Initials I . Has an affidavit of completion been submitted by ' Contractor. 2. Has the final DBE report been submitted by Contractor. 3. Have actual quantities for unit price bid items been calculated. 4. Have adjusted quantities for unitprice items been issued and signed. 5. Have all O&M manuals, warrantees, guarantees, are riarts been submitted. 6. Have all punch list items been corrected and final inspection report issued. 7. Have time extensions been authorized. 8. Have As-Builts drawings and specs been submitted. 4. Have all contract compliance requirements been satisfied. 10. Have all permiis been satisfied and notice filed. 11. Have inspectors signed off on structural, grading, plumbing,electrical etc. items. 12. Has the closeout data sheet been filed. 0 0 13. Have RFI, CO, Submittals, togs, correspondence been filed and boxed. 14. Has notice of completion under storm water permit been filed with the State Water Resources Control Board. 15. Have the mitigation monitoring forms been completed and filed. As-BuNt DratamV The purpose of the as -built drawings is to have an accurate record of the project as constructed for future reference. As such, our procedure will involve the following: ➢ At the end of each month, our construction management team will inspect the status of record drawings to verify that they are being kept current during construction and that all necessary information, field clarifications, etc. have been shown. If our representative determines that they are not being kept current, or that necessary information is missing, we will issue a non-compliance notice advising the Contractor that next month's payment application will be withheld if the record drawing deficiencies are not corrected. ➢ Once the project is completed, it our responsibility to collect the as -built drawings from the Contractor, log them and transmit them with a cover memo to the City of San Juan Capistrano per standard submittal processing procedures. 2.4 Project Schedule The project schedule provided on the following page details our work plan to successfully complete your project within 9 months. We anticipate the end of Phase 1 — Pre -Construction by April 24, 2006, the end of Phase 11— Construction by August 15, 2006 and the end of Phase III - Post -Construction by September 15, 2006. 1.1- Patterson & Assocares, Inc. 23 ilk M L^' In lL' IA7 LF! 141 W Uk UC M ipu 4dl 'y Tj!N w LM :w �= M � x .� � Ni N N N'' N� N N N� Nei �. -•� v�� O) (T� A W� N� � v z n v o D A A m n 3 D n T M M N m m 0 cz� 0 0 y o m m o t ^ m J O m 0 m OC, y� p j O .N-. m m • .N.. 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A 6 rn rn rn rn rn m rn m rn rn rn m m rn rn rn m a rn rn m rn rn rn m rn O N 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwws anjuaneapestrano. org E MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETIN�OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 4, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of a Personal Services Agreement for Construction Management Purposes - Vereda Bikeway Under crossing (CIP #124) (J. L.. Patterson & Associates, Inc.) City Council Priority No 4" — Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, April 3, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Brian Ige, Engineering Assistant. You may contact that staff member at (949) 443-6350 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san4uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aoendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: * J. L. Patterson & Associates, Inc. - Jacqueline Patterson; Brian Ige, Engineering Assistant * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ONPrinted on recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapfstrano. org April 5, 2006 • }�twift IAAORRARolf A (Tous"1961 76 " NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CIN COUNCIL SAM ALLEVATO DIANE BATHGATE WVATT HART JOE SOTO DAVID M. SWERDLIN On April 4, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of a Personal Services Agreement for Construction Management Purposes - Vereda Bikeway Under crossing (CIP #124) (J. L.. Patterson & Associates, Inc.) City Council Priority No 4" Item No. 136. The following action was taken at the meeting: Personal services agreement with J. L. Patterson & Associates, in the amount of $214,913.29, for construction management purposes for the Vereda Bikeway Undercrossing project approved. If you have any questions regarding this action, please contact Brian Ige, Engineering Assistant at 443-6350 for more detailed information. Thank you, -Meg Monahan, CMC City Clerk Enclosed: Cc: ` J. L. Patterson & Associates, Inc. - Jacqueline Patterson; Brian Ige, Engineering Assistant San Juan Capistrano: Preserving the Past to Enhance the Future `,, pooled on recycled paper