HomeMy WebLinkAboutBrown and Caldwell; 2007-02-14;AMENDMENT NO. 2 TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION
(BROWN AND CALDWELL)
This Amendment No. 2 is entered into and effective as of the /ix day of
. 200_O, amending the agreement dated February 14, 2007
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Brown and Caldwell, a private employee owned company, ("Contractor") (collectively, the
"Parties").
RECITALS
A. On August 21 , 2007, the Parties executed Amendment No. 1 to the Agreement to
develop and evaluate additional design alternatives for the lift station and the lagoon crossing;
and
B. The Parties desire to alter the Agreement's scope of work to perform additional
preliminary design services; and
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed thirty seven thousand
six hundred dollars ($37,600). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Contractor will complete all work described in Exhibit "A" by
February 13, 2008.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
BROWN AND CALDWELL, a private
employee owned company
*By:
(print name/title)
(e-matf'address)
(sign here)
CITY OF CARLSBAD, a municipal
corporatio
By:
ATTEST:
LORRAINE M. WOOD
City Clerk
(print name/title)
(e-mail address)
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 B.
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:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.22.01
CERTIFICATE OF SECRETARY
OF
BROWN AND CALDWELL,
A CALIFORNIA CORPORATION
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Brown and Caldwell, a
California corporation, and am keeper of the corporate records and seal of
said corporation.
2. At the annual meeting of the Board of Directors on January 27, 2006, the
following resolution was adopted:
RESOLVED that all Brown and Caldwell officers currently
appointed to serve are ratified and authorized to continue to
hold their offices at the pleasure of the Board of Directors of
this corporation until the next annual meeting of the Board of
Dkectors of this corporation or until their respective
successors are elected or qualified, or until their earlier
resignation. A listing of current company officers is attached.
BE IT FURTHER RESOLVED that all Brown and Caldwell
officers listed are authorized to financially commit the
corporation in accordance with the Company procedures and
policies within their respective area of responsibility or as stated
in the Bykws.
3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so
identified in the January 27, 2006, resolution referenced above, and in that
capacity is duly authorized to financially commit the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Corporation this 15th day of November, 2006.
SIGNED:
ROBERT S. LEICHTNER, Secretary
(SEAL)
M:\CorpSecretary\Certificates\Secretary.doc
Amendment 2
Agua Hedionda Lift Station, Force Main and
Interceptors VC-11B through VC-15
Additional work for the Preliminary Design Report
October 12th, 2007
The objectives for the additional work during the Preliminary Design Phase of the project include:
1. Coordinate and attend one presentation demonstrating the benefits of the Vertical Column
Wastewater Pump (VCWP) presented to the City of Carlsbad.
2. Prepare and present two presentations to Stakeholders (Carlsbad, Vista and Encina) and
deliver the basis of design for the Agua Hedionda Lift Station Preliminary Design Report.
3. Update the Technical Memorandum to include operational and maintenance comparisons
between VCWP and the Vertical Non-Clog Pump (VNCP) lift stations.
ADDITIONAL SCOPE OF WORK
TASK 2 - COORDINATION MEETINGS
This task includes the presentations necessary to communicate to all project stakeholders all
elements related to the project. It is anticipated that a total of 3 presentations would be required:
• One presentation to the City of Carlsbad demonstrating the benefiters of the VCWP.
o This will include a presentation from the pump manufacturer Fairbanks Morris
• Two additional presentations to all stakeholders (Carlsbad, Vista and Encina).
o Both presentations will focus on the project objectives, basis of design and the
proposed lift station and conveyance system of the new Agua Hedionda Lift Station.
Comments following the delivery of the report have been limited and both
presentations are intended to initiate discussions with stakeholders. Feedback from
the presentations will be incorporated into the Preliminary Design Report.
BC will prepare meeting minutes for all these meetings and will submit those to the City within one
week of each meeting.
TASK 7 - PRELIMINARY DESIGN
• Preparation of a supplemental Technical Memorandum.
o This includes evaluation of the pumping system alternatives to include a comparison
of maintenance and failure scenarios and uncover advantages of the configurations
between the VCWP and VNCP lift stations. This additional evaluation will aid the
stakeholders in furthering a decision on a preferred type of lift station.
• Constructability investigation of 54-inch gravity sewer across Cannon Road. This includes:
o Life cycle cost analysis.
o Potholing in at the intersection of Cannon Road and Avenida Encinas.
o Constructability analysis
C:\DOCUME~l\Tsmit\LOCALS~l\Temp\XPGrpWise\Amendment2.doc
o
AMENDMENT NO. 1 TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION
(BROWN AND CALDWELL)
Amendment No.1 is entered into and effective as of the <*£ I _ day of
2007, amending the agreement dated February 14, 2007
(the "Agrement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and Brown and Caldwell, a private employee owned company, ("Contractor") (collectively,
the "Parties").
RECITALS
A. The Parties desire to alter the Agreement's scope of work to develop and
evaluate additional design alternatives for the lift station and the lagoon crossing; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed thirty six thousand fifty eight
dollars ($36,058). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval by
City.
3. Contractor will complete all work described in Exhibit "A" by
February 13, 2008.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment 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
Amendment.
CONTRACTOR
BROWN AND CALDWELL, a private
employee owned company
*By:
"By:
(e-mail address)
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the^tajeof Califor
Crfj ManagerjQLMayar
(sigrHfere)
MICHAEL W. NIENBERG. VICE PRESIDEN
(print name/title)
ATTEST:
RAIMfi M. WOO
ity CleriV
(print name/title)
(e-mail address)
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 B.
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:
RONALD R. BALL, City Attorney
_.SCtff*
'eputy"City Attorney
City Attorney Approved Version #05.22.01
CERTIFICATE OF SECRETARY
OF
BROWN AND CALDWELL,
A CALIFORNIA CORPORATION
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Brown and Caldwell, a
California corporation, and am keeper of the corporate records and seal of
said corporation.
2. At the annual meeting of the Board of Directors on January 27, 2006, the
following resolution was adopted:
RESOLVED that all Brown and Caldwell officers currently
appointed to serve are ratified and authorized to continue to
hold their offices at the pleasure of the Board of Directors of
this corporation until the next annual meeting of the Board of
Directors of this corporation or until their respective
successors are elected or qualified, or until their earlier
resignation. A listing of current company officers is attached.
BE IT FURTHER RESOLVED that all Brown and CaldweU
officers listed are authorized to financially commit the
corporation in accordance with the Company procedures and
policies within their respective area of responsibility or as stated
in the Bykws.
3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so
identified in the January 27, 2006, resolution referenced above, and in that
capacity is duly authorized to financially commit the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Corporation this 15th day of November, 2006.
SIGNED:
ROBERT S. LEICHTNER, Secretary
(SEAL)
M:\CorpSecretary\Certificates\Secretary.doc
Exhibit "A"
Scope of Services and Fee
For
Agua Hedionda Lift Station, Force Main and
Interceptors VC-11B through VC-15
Additional work for the Preliminary Design Report
June 21st, 2007
BACKGROUND
The City of Carlsbad 2003 Master Plan (MP) specifies that the range of influent flow into the
Agua Hedionda Lift Station (AHLS) as 3mgd (minimum sustained flow) and 33mgd (peak wet
weather flow). In the initial Preliminary Design Report (PDR) SOW it was assumed that a
conventional lift station (dry well / wet well) or submersible pump type lift station would fulfill
the conditions as specified in the MP. However, during the pump selection and hydraulic
analysis for the development of the AHLS. It was uncovered that neither type of pumping
configuration, as originally assumed, would perform satisfactorily. Under the same conditions,
the VTSH pump was the only selection that had acceptable performance.
The City requested that BC further evaluate the VTSH pump/lift station and submit a Technical
Memorandum on the comparison between Angleflow pumps (dry well / wet well) and VTSH
pumps.
For the lagoon crossing evaluation, the original assumption was that the Krieger and Stewart
report (KS) dated April 2001 would be used as the basis of the evaluation. This evaluation
explored the conclusions of the KS report to see if the recommendations are still valid and
acceptable. Following discussions with NCTD (property owner), the structure and alignment
proposed in the KS report were found not to be currently acceptable.
The City requested that BC further evaluate additional options and alignments for crossing the
lagoon and include findings, conclusions and preliminary design drawings in the PDR.
The objectives for the additional work for the Preliminary Design Report will include:
1. Evaluate VTSH type lift station
2. Perform hydraulic analysis to size VTSH pumps.
3. Prepare design criteria for the VTSH type lift station.
4. Prepare preliminary drawings, including a site plan, a yard piping plan, architectural
elevation views, mechanical plans and sections for the VTSH lift station.
5. Evaluate and develop additional alternatives for the structure crossing the lagoon.
6. Prepare a Preliminary Design Memorandum for the structural plan and sections of the
lagoon crossing bridge.
H:\Capital Improvement Program\3949 Vista Carlsbad Interceptor Reach 13-15\Administrative Documents\PDRSOW AHLS Additional Work. DOC
Page 1 of 2
SCOPE OF WORK
TASK 2 - COORDINATION MEETINGS
This task includes the meetings necessary to communicate with outside agencies. It is anticipated
that a total of 3 meetings would be required:
• Additional Coordination Meetings with NRG Energy, NCTD, and Sempra Utilities.
BC would prepare meeting minutes for all these meetings and would submit those to the City
within one week of each meeting.
TASK 5 -HYDRAULIC ANALYSIS
Perform hydraulic analysis to size pumps for the proposed sites using information provided by
the City as well as the 2003 wastewater master plan. BC will utilize our in-house pump sizing
software "PUMPGRAPH" for this effort. The hydraulic analysis will include both constant
speed and variable frequency drive pumps.
TASK 6 - EVALUATION OF LAGOON CROSSING
This task includes evaluation of alternatives for the 54-inch influent gravity sewer on a vehicular
bridge crossing the lagoon, capable of HS-20 loading. BC will work with Simon Wong
Engineering on identifying additional bridge options and submit a Preliminary Design
Memorandum for the proposed lagoon crossing bridge.
TASK 7 - PRELIMINARY DESIGN
7.1 - Prepare Preliminary Design Drawings
As part of the preliminary design report, 30% design plans for the VTSH alternative shall be
completed, as listed below:
> Lift Station civil site plan / layout configuration;
> Lift Station yard piping plan
> Lift Station mechanical plan;
> Lift Station mechanical sections;
H:\Capital Improvement Program\3949 Vista Carlsbad Interceptor Reach 13-15\Administrative Documents\PDRSOW AHLS Additional Work.DOC
Page 2 of 2
Amendment 1
CITY OF CARLSBAD
AGUA HEDIONDA LIFT STATION PRELIMINARY DESIGN
ESTIMATE OF ADDITIONAL FEES FOR OUTSIDE OF SCOPE OF WORK ITEMS
June 25, 2007
Executive
i Engineer
Task Description
Hourly Rates
TASK 2 - COORDINATION MEETINGS
COORDINATION MEETINGS, NRG, SEMPRA, NCTD
: SUBTOTAL TASK 2
TASK 5 - HYDRAULIC ANALYSIS
HYDRAULIC ANALYSIS OF VTSH PUMP OPTION
i i SUBTOTAL TASKS
TASK 6 - EVALUATION OF LAGOON CROSSING
LAGOON CROSSING DESIGN DEVELOPMENT
LAGOON CROSSING STRUCTURAL PRELIMINARY DESIGN MEMORANDUM
i SUBTOTAL TASK 6
TASK 7 - PRELIMINARY DESIGN
VTSH PRELIMINARY DESIGN DEVELOPMENT AND DRAWINGS
SUBTOTAL TASK?
SUBTOTAL
7% Markup on Subconsultants
DIRECT COSTS
Miscellaneous.
Total Direct Costs
(Qa/Qc)
232
„
3
4
7
$560
Managing
Engineer
(PM)
217
Principal
Engineer
(Electrical)
174
8
2
8
2
10
MAN HOUR BREAKDOWN
Senior
Engineer
(PE)
154
I
: CAD
Engineer
III
137I
Designer
Senior
Drafter
116
I I
8
16
"
40 i
6
20
30 0 90
$400 ! i
$400 ;
TOTAL PROJECT COST i $36,058
- -
0
98
16
28
44
!
Word
Processor III
84
Clerk
74
•
,
0
I
I _]
0
!
0
Labor
Hours
16
16
21
2f
64
8n
62
62
171
Labor
Cost Subconsultants
Total
Cost
$2,968
$2,968 $0
$3,594
$3,594
$9,752
$1,358
$11,110
$0
$2,968
$2,98*
$3,594
$3,594
j
$8,000
$8,000
$9,426
$9,426 $0
$27,098
$9,752
$9,358$«,w
$9,426
$%426
$8,000 $35,098
Page 1 of 1
C \DOCUME-UTsmilMOCALS-1 \Temp\XPGrpWiseV\HLSPDR Fee £stimate (or Additional Work.xts
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION
(BROWN AND CALDWELL)
THIS AGREEMENT is made and entered into as of the /y^ _ day of
, by and between the CITY OF CARLSBAD, a municipal
corporation/("City"), and BROWN AND CALDWELL, a private employee owned
company, ("Contractor").
RECITALS
A. City requires the professional services of a professional engineer that is
experienced in the design of wastewater collection and conveyance systems.
B. Contractor has the necessary experience in providing professional
services and advice related to the design of wastewater collection and conveyance
systems.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. 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 two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts. 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.
City Attorney Approved Version #11.28.06
1
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be a not-to-exceed fee of two hundred ninety four thousand six hundred forty one
dollars ($294,641) paid on a time and material basis. No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
City Attorney Approved Version #11.28.06
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney 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.
10.1.1 Commercial General Liability Insurance. $1.000.000 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.
10.1.2 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.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
City Attorney Approved Version #11.28.06
10.1.4 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:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 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 maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
City Attorney Approved Version #11.28.06
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Terry L. Smith Name Ray Fakhoury
Title Senior Civil Engineer Title Executive Engineer
Dept Engineering
CITY OF CARLSBAD BROWN AND CALDWELL
Address 1635 Faraday Avenue Address 9665 Chesapeake Drive, Ste. 201
Carlsbad, CA 92008 San Diego, CA 92123
Phone No. (760) 602-2765 Phone No. (858)514-8822
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
City Attorney Approved Version #11.28.06
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
that the services 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 (10) 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.
City Attorney Approved Version #11.28.06
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #11.28.06
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
BROWN AND CALDWELL, a
private employee owned company
CITY OFnCA^LSBAD, a murTicfcal
corporaft i^^yonhe^taie^oi Oafefnia
Br-4*
(print name/title)
(e-mail address)
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 B.
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:
RONALD R. BALL, City Attorney
Bv:
Deputy City Attorney
8
City Attorney Approved Version #11.28.06
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SflY\ \)\m > ss.
On M ^00-1 before TO,"
. personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
COMM #1648045NOTARY PUBLIC • CALIFORNIA i
SAN DIEGO COUNTY '
WWWWVC
(NOTARY SEAL)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.
Title of Document Tvoe
Number of Pages [n Lwte of Document I pl|07
Signer(s) Other Than Named Above
All Purpose Acknowledgment
CERTIFICATE OF SECRETARY
OF
BROWN AND CALDWELL,
A CALIFORNIA CORPORATION
I, the undersigned, do hereby certify that
1. I am the duly elected and acting Secretary of Brown and Caldwell, a
California corporation, and am keeper of die corporate records and seal of
said corporation.
2. At die annual meeting of die Board of Dkectors on January 27, 2006, die
following resolution was adopted
RESOLVED diat all Brown and Caldwell officers currendy
appointed to serve are ratified and audiorized to continue to
hold diek offices at die pleasure of die Board of Dkectors of
diis corporation until die next annual meeting of die Board of
Dkectors of diis corporation or until diek respective
successors are elected or qualified, or until diek earlier
resignation. A listing of current company officers is attached.
BE IT FURTHER RESOLVED diat all Brown and Caldwell
officers listed are audiorized to financially commit toe
corporation in accordance whh toe Company procedures and
policies whhin toek respective area of responsibility or as stated
in die Bylaws.
3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so
identified in toe January 27, 2006, resolution referenced above, and in diat
capacity is duly audiorized to financially commit toe corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed die seal of die
Corporation diis 15th day of November, 2006.
SIGNED:
ROBERT S. L'EICHTNER, Secretary
(SEAL)
M:\CorpSecretary\Certificates\Secretary.doc
Exhibit "A"
Agua Hedionda Lift Station, Force Main and
Interceptors VC-11B through VC-15
Preliminary Design Scope of Work
November 6th, 2006
BACKGROUND
In June 2006, Brown and Caldwell completed a Sitting and Alignment study for the proposed
Agua Hedionda Lift Station and associated force main and gravity sewers. The Study focused on
evaluating site and alignment alternatives for the replacement of the Agua Hedionda Lift Station
(AHLS) and associated force main and gravity sewers since the existing AHLS has reached its
useful life and is need in replacement not only to meet current and future capacity needs but also
enhance the reliability of the pumping system. The new AHLS will have a capacity of
approximately 31 million gallons per day (mgd) to meet build-out conditions in accordance with
the City's 2003 Wastewater Master Plan. The new AHLS will pump all wastewater flows to the
Encina Water Pollution Control Facility (EWPCF).
With the completion of the sitting and alignment study, the City is moving forward with the
preliminary design phase for this project. The preliminary design phase will consist of preparing
a preliminary design report (PDR). The PDR will serve as the basis for preparing detailed plans
and specifications for this project
The objectives of the Preliminary Design Report will as follows:
1. Evaluate lift station type ( submersible or Dry well / wet well)
2. Perform hydraulic analysis to size pumps including VFD's.
3. Evaluate and size equipment (Odor control, generator, chemical feed system, etc.)
4. Perform surge analysis
5. Evaluate the influent gravity sewer crossing of the lagoon.
6. Prepare design criteria for the lift station, force main, and gravity sewers.
7. Perform Phase I hazardous waste assessment at the preferred site and along the preferred
alignment.
8. Prepare an implementation schedule and phasing plan.
9. Prepare detailed construction cost estimates.
10. Prepare preliminary design schematics for key areas along the proposed pipelines
including the diversion /junction structures in Cannon Road, evaluation of trenchlesss
construction for the crossing of busy intersections including Cannon Road and Palomar
Airport Road.
11. Prepare preliminary drawings, including a site plan, a yard piping plan, architectural
elevation views, mechanical plans and sections for selected lift station type, single line
diagram, and process and instrumentation diagrams.
P:\Prolects\Cartsbad, City of (CA)\129940 - Alignment and Sue SludyVProjecl ManagemenflProposal or Scope of WorkVDRScopeof Wok Page 1 of 5
SCOPE OF WORK
TASK 1 - PROJECT MANAGEMENT
This task consists of providing all of the project management during the preliminary design
phase including setting up contracts, day to day management of the project, setting up project
files, miscellaneous correspondence, coordination with subconsultants, preparing invoices, and
reviewing invoices.
TASK 2 - COORDINATION MEETINGS
This task includes all of the meetings necessary to communicate with City and project team
throughout the preliminary design phase effort. It is anticipated that a total of 4 meetings would
be required as follows:
• Kickoff / Brainstorming Session. The kickoff / brainstorming session would be attended
by key members of BC's project team as well key members of City staff. The purpose of
the meeting would be to discuss project issues, lessons learned on previous projects,
design standards and requirements, permitting, schedule, and site issues.
• Coordination and Review meetings. It is anticipated that a total of two (2) preliminary
design coordination and review meeting would be necessary to communicate with City
staff regarding this project.
• Coordination Meetings with NRG Energy, NCTD, EWA, and Southern California Gas. It
is anticipated that a total of three (3) coordination meetings would be necessary for this
task.
BC would prepare meeting minutes for all these meetings and would submit those to the City
within one week of each meeting.
TASK 3 - LIFT STATION DESIGN DEVELOPMENT
3.1 - Lift Station Site Evaluation
This task consists of conducting site evaluation for the construction of the proposed lift station
including the preparation of preliminary site exhibits for discussions with City planning, property
owner, and regulatory agencies.
3.2 - Evaluation of Constant Speed vs. Variable Speed
This task consists of conducting and evaluation of constant speed pumping versus variable speed
pumping to determine whether VFD driven pumps would be cost effective and would offer the
City more operational flexibility. Life cycle cost analysis for both options will be performed.
3.3 - Prepare Design Criteria
This task consists of the following subtasks, consisting of evaluating project components and
preparing the design criteria for the proposed facilities.
P:\Projects\Carfsbad, City of (CA)\12S940 - Alignment and Site Study\_Project ManagemenftProposal or Scope of WorkWDRScopeol Wotk Page 2 Ol 5
• Evaluate the following project components.
> Dry pit versus submersible pump installation;
> Self-cleaning wet well;
> Screening or grinding facilities;
> Equipment removal systems;
> How bypass provisions;
> Odor control system;
> Visual aesthetics of the facility;
> SCADA, Monitoring and control system;
> Security of the facility.
• Prepare design criteria for the proposed lift station and force main in coordination with
City's input. The design criteria shall include redundancy such as a standby pumps,
back-up power requirements, and emergency storage wet well.
Task 4 - INVESTIGATIONS AND RECONNAISSANCE
4.1 - Perform Detailed Utility Research
This task consists of conducting a detailed utility research along the preferred alignment along
Cannon Road and Avenida Encinas to the EWPCF. Typical cross sections would be prepared for
the alignment depicting existing utilities, proposed pipeline, pipeline trench section, and area
needed for construction.
4.2 - Perform Geotechnical Reconnaissance
This task consists of preparing a geotechnical reconnaissance study for the preferred lift station
site and along the existing NCTD railroad corridors, Cannon Road, Avenida Encinas to the
EWPCF as follows:
• Review of published geologic reports, fault and seismic hazard reports, groundwater reports,
topographic maps and stereoscopic aerial photographs. We would also review in-house
geotechnical reports for our nearby projects.
• Review of plans and reports provided by the client.
• Performance of a site reconnaissance by an Engineering Geologist to map the geologic
conditions.
• Compilation and analysis of the data.
• Preparation of an illustrated Geotechnical Reconnaissance Report presenting our findings and
conclusions related to geotechnical conditions at the site, and potential soil and geologic
constraints on the proposed development.
P:\Projects\Carlsbad, City of (CA)\129940 - Alignment and Site Study\_Project ManagemenrtProposal or Scope of WortAVDRScopeo) Work Page 3 Of 5
4.3 - Perform a Phase I Hazardous Assessment
This task consists of conducting a Phase I Hazardous Assessment study at the top four lift station
sites and along the existing NCTD railroad corridors, Cannon Road, and Avenida Encinas to the
EWPCF.
TASK 5-HYDRAULIC ANALYSIS
5.1 - Hydraulic Analysis
Perform hydraulic analysis to size pumps for the proposed sites using information provided by
the City as well as the 2003 wastewater master plan. BC will utilize our in-house pump sizing
software "PUMPGRAPH" for this effort. The hydraulic analysis will include both constant
speed and variable frequency drive pumps.
5.2 - Surge Analysis
This task consists of performing surge analysis for the following scenarios.
1. A force main extending from the proposed lift station sites to the Encina Water
Pollution Control Facility (EWPCF).
2. A force main from the proposed lift station to Cannon Road where the force main will
connect to a proposed gravity sewer
Analysis will be performed for constant speed pumps as well as variable speed pumps.
TASK 6 - EVALUATION OF LAGOON CROSSING
This task includes evaluation of crossing alternatives for the 54-inch influent gravity sewer on a
pedestrian bridge across the lagoon. BC will work with Simon Wong Engineering on identifying
several bridge options and will coordinate closely with NCTD, YMCA, Hobbs, and the Coastal
Commission. Preliminary drawings will be prepared and included in the PDR.
TASK 7 - PRELIMINARY DESIGN
7.1 - Prepare Preliminary Design Drawings
As part of the preliminary design report, 30% design plans shall be completed for the preferred
alternative as listed below:
> Lift Station civil site plan / layout configuration;
> Lift Station yard piping plan
> Lift Station mechanical plan;
> Lift Station mechanical sections;
> Architectural plan;
> Architectural elevations;
> Electrical single line diagram;
> P&ID's;
P:\Projecls\Carlsba(), City of <CA}\129940 - Alignment and Site StudyV-Prpjea ManajemenWroposal ot Scope ol WoiKWPDfiScopeof W(xk Page 4 of 5
7.2 - Prepare Preliminary Cost Estimate
A detailed preliminary construction cost estimate will be prepared for the preferred lift station
type, force main, and gravity sewers. Preliminary construction cost estimates will be prepared
using the following resources:
• Unit costs were derived from "RS Means Building Construction Cost Data" and "RS
Means Mechanical Cost Data".
• Construction Cost data from recently completed similar projects.
• Quotes from vendors for major items such as pipeline and valves.
7.3 - Prepare Implementation Schedule and Construction Phasing Plan
This task includes preparing a construction phasing plan for maintaining the existing facilities in
service while the new facilities are under construction. This task also includes preparing a
detailed design and construction schedule for the proposed project. The schedule will be
prepared using Microsoft Project software.
7.4 - Prepare Preliminary Design Report
This task includes preparation of the Preliminary Design Report (PDR) consisting of work
completed in tasks 3 to 12. BC will submit 5 copies of the draft report for review and comment.
Upon the receipt of City comments on the draft PDR, BC will incorporate the agreed upon
comments and submit 10 copies of the final PDR.
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EXHIBIT "A'' CONT.FEE ESTIMATECITY OF CARLSBADAGUA HEDIONDA LIFT STATION PRELIMINARY DESIGN November 6, 2006 MAN HOUR BREAKDOWN Executive Managing Principal Senior CAD Senior Word Clerk Labor Labor TotalEngineer Engineer Engineer Engineer Engineer Designer Drafter Processor III Hours Cost Subconsultants Cost(Qa/Qc) (PM) (Electrical) (PE) IIITask Description Hourly Rates232 217 174 154 137 116 98 84 74TASK 1 - PROJECT MANANGEMNET Project Setup & Administration 4 44 12 24 40 124 $17,300 $17,300Coordination with Project Team 10 12 12 34 $5,410 $5,410Invoicing 12 24 36 $4,380 $4,380Project Closeout 4 8 20 32 $3,580 $3,580SUBTOTAL TASK 1 226 $30,670 $30,670TASK 2 - COORDINATION MEETINGSKickoff / Brainstorming Meeting 6 8 8 16 8 4 50 $8,248 $8,248Coordination / Review Meetings (2) 8 4 16 4 4 36 $5,780 $5,780Coordination with Agencies (3) 12 12 24 $4,452 $4,452SUBTOTAL TASK 2 110 $18,480 $18,480TASK 3 - LIFT STATION DESIGN DEVELOPMENT3.1 - Lift Station Site Evaluation 2 8 24 34 $4,450 $4,4503.2 - Evaluation of Constant Speed vs. Variable Speed 8 16 48 72 $12,720 $12,7203.3 - Prepare Design Criteria 8 16 24 80 32 160 $26,208 $26,208SUBTOTAL TASK 3 266 $43,378 $43,378TASK 4 - INVESTIGATIONS AND RECONNAISSANCE4.1 - Perform Detailed Utility Research 4 12 24 16 56 $7,572 $7,5724.2 - Geotechnical Reconnasinese 1 2 16 19 $3,130 $7,500 $10,6304.3 - Perform Phase I Hazardous Waste Assessment 1 2 8 24 35 $5,186 $5,186SUBTOTAL TASK 4 110 $15,888 $7,500 $23,388TASK 5 - HYDRAULIC ANALYSIS5.1 - Hydraulic Analysis 4 8 32 44 $7,592 $7,5925.2 - Surge Analysis 2 4 48 54 $8,724 $8,724SUBTOTAL TASK 5 98 $16,316 $0 $16,316TASK 6 - EVALUATION OF LAGOON CROSSING2 16 32 50 $8,864 $12,000 $20,864TASK 7 - PRELIMINARY DESIGN7.1 - Prepare Preliminary Design Drawings (10) Lift Station Civil Site Plan (1) 3 6 18 24 51 $7,122 $7,122Lift Station Yard Piping Plan (1) 3 6 18 24 51 $7,122 $7,122Lift Station Mechanical Plan 1 6 12 12 24 55 $8,254 $8,254Lift Station Mechanical Sections 2 8 12 24 46 $6,832 $6,832Architectural Elevation Plan 1 4 8 4 17 $2,724 $2,724Architectural Plans 2 6 40 12 4 64 $10,966 $10,966Single Line Diagram 1 4 16 12 8 41 $6,516 $6,516Electrical Site Plan 1 2 12 8 8 31 $4,770 $4,770P&ID (2) 2 6 12 32 16 68 $10,638 $10,6387.2 - Prepare Preliminary Cost Estimate 4 4 12 24 44 $6,700 $6,7007.3 - Prepare Implementation Schedule and Phasing Plan 2 8 20 18 16 64 $10,644 $10,6447.4 - Prepare Preliminary Design Report 12 40 48 96 60 48 48 64 416 $56,292 $56,292SUBTOTAL TASK 7 524 $138,580 $0 $138,580SUBTOTAL 40 136 164 406 148 64 136 48 64 1,414 $272,176 $19,500 $291,676 7% Markup on Subconsultants $1,365DIRECT COSTSMileage $800Miscellaneous. $800Total Direct Costs $1,600TOTAL PROJECT COST $294,641Page 1 of 1