HomeMy WebLinkAboutAecom Technical Services Inc; 2016-09-19; TRAN1388AGREEMENT FOR CARLSBAD BOULEVARD AND
ISLAND WAY STORM DRAIN DESIGN SERVICES
AECOM TECHNICAL SERIVCES INC.
TRAN1388
THI§rAGREEMENT is made and entered into as of the ,/ f' ?;if/ day of
~'-+'"+'-L.7r"L.L...~~,t......=.e~---' 2016, by and between the CITY OF CARLSBAD, a municipal
orpor tion, ("City"), and AECOM TECHNICAL SERVICES INC., a California corporation,
("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in civil
engineering design.
B. Contractor has the necessary experience in providing professional services and
advice related to civil design.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one and one half (1.5) years from the
date first above written. The City Manager may amend the Agreement to extend it for one (1)
additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review
of Contractor's performance, City needs, and appropriation of funds by the City Council. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
twenty nine thousand five hundred ninety dollars ($29,590). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement.
If the City elects to extend the Agreement, the amount shall not exceed twenty nine thousand five
hundred ninety dollars ($29,590) per Agreement year. The City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit
"A".
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carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
1 0.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage.
1 0.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
1 0.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
AECOM TECHNICAL SERVICES, INC., a
California corpo ation
By:
(sign here)
J(A'( H~EN~ \/, CE ~E..S1 t>CN-r
... (prinlQame/title)
Brandenburg-Smith
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Patr1ck A. Thomas I Public Works Director
k*1f
Associate Vice President & Assistant Secretary
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: -~-·=-~=:=>=<==-?ZZW=..:::....>........._ __ _
-Assistant City Attorney Brp1J
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A: COM
July 5, 2016
Mr. Daniel Zimny
Assistant Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
AECOM
401 W. A Street
Suite 1200
San Diego, CA 92101
www.aecom.com
6196107600 tel
619 610 7601 fax
Exhibit "A"
Subject: CMP Replacement Program 6607-Carlsbad Boulevard Storm Drain Improvements
Dear Mr. Zimny:
The purpose of this letter is to provide the scope of work and fee associated with the CMP
Replacement Program 6607-Carlsbad Boulevard Storm Drain Improvements. This proposal is
contingent upon AECOM and the City reaching mutually agreeable contract terms and conditions.
The work generally consists of preparing design plans and specifications for the construction of
storm drain improvements, including the removal and replacement of approximately 680 LF of
existing 24" CMP, Hydrology and Hydraulics study ofthe affected area, and approximately 4300
square feet of slope stabilization.
Project Understanding
The CMP Replacement Program 6607-Carlsbad Boulevard Storm Drain Improvements (Project)
begins atthe existing catch basin (41A-71) on the easterly side of the boulevard and approximately
285 feet northerly ofthe intersection between Carlsbad Boulevard and Island Way, then proceeds
westerly to the existing storm drain cleanout (41A-70), then northerly to the existing curb inlet (35C-
1), before crossing the boulevard westerly to the existing storm drain cleanout {35C-2), then
northerly to the existing storm drain cleanout (35C-13) to the terminus at the existing headwall
(35C-14). The scope of work within these reaches will be to either replace the deteriorating CMP
pipelines with new RCP, while protecting the existing cleanouts and catch basins in place, with the
exception of a new headwall, or to determine if there are reaches that should be CIPP lined in lieu of
replacement. A hydrology study will be performed to verify the conduit size with hydraulic
properties for the new pipeline, and stabilizing a portion of the existing easterly slope from the gore
at the Carlsbad Boulevard entry road from Surfside Lane, 270 LF south to the existing portion ofthe
vegetated and protected slope area.
AS' COM
Scope of Work
Task 1 -Project Management and Administration
Mr. Daniel Zimny
July 5, 2016
Page 2 of 5
Project management tasks shall include invoicing, budget and schedule tracking, and providing
updates.
Schedule
Task I Deliverable Schedule
Review existing info, obtain required Within 1 week following NTP
additional info, Site Visit
Prepare 100% Submittal Finish 3 weeks after NTP
Final Submittal Finish 2 weeks following 100% City Comments
Task 2 -Review Existing Information and Field Visit
Review pertinent information provided by the City of Carlsbad (City). Identify and request additional
information required to complete the evaluation.
Evaluate the site conditions with City staff to confirm the limits of improvements required for the
project. This would include pipeline, pavement, spillway and drainage structure improvements.
Task 3 -Prepare Plans, Specifications and Estimate
Prepare a 100% Draft PS&E submittal. The following 4 sheets are proposed to be included in the
100% design submittal:
• Title Sheet
• General Notes, Abbreviations and Details
• Storm Drain & Slope Stabilization Improvement Plan & Profile
• Storm Drain & Slope Stabilization Details
The draft supplemental special provisions (SSPs) will be comprised of technical sections using the CSI
format. AECOM will submit two hard copies and a MS Word file to the City for review and comment.
The Engineer's opinion of construction cost will be developed using general unit cost factors at a
level of detail corresponding to the design level.
Attend one meeting to receive/discuss City comments on design requirements and submittals.
Following receipt of City comments on the prior submittal, prepare a final PS&E submittal comprised
of final specifications (as Word and PDF files), final bid schedule, plans (one set of signed mylars and
A:COM Mr. Daniel Zimny
July 5, 2016
Page 3 of 5
one CD with electronic files; AutoCAD-drawings, and MS Word-Specifications), and an updated
Engineer's opinion of construction cost.
AECOM understands that a pre-bid meeting will most likely not be held, and that AECOM will not be
required to attend if one is held. AECOM will help the City evaluate the bids received for
responsiveness once the bidding period closes.
Task 4-Additional Engineering Design Services Through Project
Completion
AECOM will attend a preconstruction meeting.
AECOM understands that the City will serve as the construction manager through project
completion, with primary responsibility for contract administration, for formal interaction with the
construction contractor, and for all matters related to or affecting Project schedule, budget/cost,
and acceptance of the work. AECOM will provide office engineering support services for the project
through this implementation phase.
During the implementation phase of the project, AECOM will respond up to 5 RFis and review up to
2 submittals.
Prepare clarification sketches, if required, during project implementation to address issues resulting
from unanticipated field conditions or other field changes. One {1) sketch is assumed.
Make record changes to the drawings based upon contractor-furnished record of construction
changes.
Cost Proposal
We will complete the services outlined in Tasks 1 through 4 of this Scope of Services for a not-to
exceed fee of $29,590, on a time-and-materials basis in accordance with the attached fee estimate
budget (Exhibit "A").
Other Assumptions
1. The City will provide front-end documents, including construction contract, bidder
instructions, general and special provisions. AECOM will be responsible for preparing
supplemental special provisions that AECOM deems necessary for this project. AECOM will
prepare the Bid Schedule and bid item description.
2. This Scope of Services is based on AECOM's current understanding of the project and
discussions. If the actual work required is significantly different from what is anticipated, it is
agreed that the scope and fee will be revised accordingly.
A: COM Mr. Daniel Zimny
July 5, 2016
Page 4 of 5
3. AECOM will be entitled to rely upon the accuracy of data and information provided to us
without independent review or evaluation except as described in the scope.
4. Environmental work is not included as part of this base scope and fee.
5. Any permits, fees or inspection costs required by other agencies will be acquired and paid
for by the City.
6. Traffic Control Plans are not included as part of this base scope and fee.
7. Coordination with HOAs and utilities will be done by the City.
8. Any Engineer's Opinion of Construction Cost prepared by AECOM represents its judgment as
a design-professional and is supplied for the general guidance of City. Since AECOM has no
control over the cost of labor and material, or over competitive bidding or market
conditions, AECOM does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
9. Notwithstanding anything in this Scope of Services, AECOM shall have no responsibility for
the discovery, presence, handling, removal or disposal of, or exposure to persons to
hazardous materials in any form, at the project site.
10. Any reuse of AECOM prepared documents, except for the specific purpose intended
hereunder, will be at District's sole risk and without liability or legal exposure to AECOM or
its subconsultants.
11. No utility coordination will be required.
12. It is recognized, though, that due to the nature of field construction and the highly variable
conditions and circumstances that may be encountered, it is very difficult to accurately
predict the exact level of construction phase services and fee which will be needed. If the
construction contractor is cooperative and the Project proceeds smoothly, a reduced level
of effort may be appropriate. Conversely, difficult field conditions or relations with the
contractor or an extended construction period could require additional effort and fee.
Therefore, key assumptions and budgetary amounts are provided for Construction Phase
Services tasks, based on past experience. The extent of construction phase services is based
upon the following construction schedule assumptions:
a. It is assumed that the construction contract will require 1 month for completion.
b. It is our understanding that the City will act as the construction manager for the
Project and will be responsible for disseminating information such as RFis and shop
drawings for review during construction.
AS' COM Mr. Daniel Zimny
July 5, 2016
Page 5 of 5
Thank you for the opportunity to submit this scope and fee. If you have any questions, please
contact me at (619) 610-7789.
Jeff Endersby, PE
Associate Vice President
Enclosures: Exhibit A-Fee Estimate
Ed Othmer, PE, CPESC, CPSWQ, QSP/D, ToR
Vice President, Water Business Line, Southern
California/Southern Nevada
Design Project Budget
Carlsbad Blvd Storm Drain Improvements City of Carlsbad
Personnel Hours Budget
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Task Description
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Task 1-Pro'ect Manae:ement and Administration
Prepare Bnef Status Reports and Invmces 8 $ 1,080 25 1.105
QA/QC Admm!~trahon 5 $ 920 25 945
Subtotal 13 $ 2,000 s 50 $ 2,050
Task 2-Review Existin2Info Field Visit and HvdroiQgy / Hvdraulics Studv
Obtam and Review Info 14 22 $ 3.540 50 3.590
fteld Vtstt 10 $ JJ)50 50 1.700
Subtotal 13 19 32 $ 5,190 $ 100 s 5.290
Task 3-Prepare Plans. Specifications and Engineer's Opinion of Construction Cost
Prepare 100% PS&E Submtttal 60 76 $ I 1,600 100 11,700
Prepare Fmal PS&E Submittal 24 36 $ 5,440 100 5.540
Subtotal 14 84 112 $ 17,0-aO $ 200 $ 17,240
Task 4-Construction Phase Sunnort
Attend PreconstructJon meetmg 2 $ 300 50 350
Re~_~md to up_ to fiYe (5) R.Fls and up to two(l) Suhmtt!als/Rcsubmlltals 16 $ 2,600 50 2,650
P~epare tiP to one (I) Clanficatwn Sketch 2 $ 300 50 350
Prepare Record Drawmgs 10 $ 1,560 100 1,660
Subtotal II 16 30 4760 250 $ S.QJO
Total 46 119 14 187 $ 28,990 s 600 s 29,590
Amounts sho\\TI me fee
Personnel CategorY $;HR
Pnnc1pal Engmcer 200 OU
Senior Engineer 180 00
Semor Dcstgner 150 00
AdmtmstratJYC $ 90 00