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Kennedy / Jenks Consultants Inc; 2012-11-28; CA911
PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 AGUA HEDIONDA 85115 SPECIFIC PLAN INITrATIVE CA911 This third Project Task Description and Fee Allotment,. is entered into on ;:r«~ t p2l0/6 ........-, pursuant to an Agreement between Kennedy/enks Consultants, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR•s OBLIGATIONS Contractor shall provide third party peer review services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," the scope of services attached as Appendix "A," and the fee estimate proposal dated May 20, 2015, ("proposal"), attached as Appendix "B" for the Agua Hedionda 85/15 Specific Plan Initiative, (the "Project'l The Project services shall include sewer service analysis. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City · Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 28, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor onlv upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is twenty thousand seventy two dollars ($20,072) . . --·------------------City Attorney Approved Ver-Sion 1/30/13 .. ------- CA911 TABLE 1 FEE ALLOTMENT THIRD PARTY PEER REVIEW SERVICES TASK GROUP LUMP SUM FEE Task 1 $2,538 Task2 $2,912 Task 3 $3,713 Task4 $8,039 Task5 $2,870 TOTAL (Not-to-Exceed} $20,072 Executed by Contractor this ___ day of ------------• 2015. CONTRACTOR By afic;J:J4, (sign here) Patrick T. Huston I Vice President (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By ~a?(~~ Date: ~Wjr.t-0......,~H~""""L'------- and Economic Development Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 APPENDIX "A" Scope of Services General Description: Kenndy/Jenks Consultants, Inc. "Contractor" will provide third party peer review studies of the following report(s): • Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail • Environmental Analysis for the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail Regarding the Environmental Analysis report, Contractor will review the following areas including but not limited to: Task 1: Task 2: Task 3: Task 4: • Section 4.22 Sewer Service • Section 5.3.18 Utilities and Service Systems (Cumulative Impacts) • Related appendices, figures and tables Review Methodology Contractor will review the methodology used in the above named report(s) including: • Adherence to City Guidelines • Adherence to applicable regional, state and federal guidelines • Adherence to professional standards of practice Review Hydrology & Drainage Impacts Contractor will review the sewer system impacts and analysis findings. Analysis worksheets will be reviewed for proper input and output interpretation. Project design will be evaluated and analyzed for any sewer system impacts. Review Report Recommendations and Conclusions Contractor will review recommendations and conclusions related to the sewer system impacts in the above named report(s) and analyze the validity and feasibility of those findings. Contractor will base their analysis on their own third party evaluation of the information presented in the above named report(s) . . Documentation Contractor will develop an impact report that documents the findings of the sewer system peer review conducted in Tasks 1 through 3. Assuming a notice to proceed date of May 26, 2015, a draft report will be prepared and submitted to the City for review and comment no later than June 12, 2015. City staff will provide comments no later than June 19, 2015. Comments received from City staff will be addressed in a final impact report ... which will be submitted to the City no later than June 26, 2015. Comments received before, at, or after the 9212 report presentation to the City Council will be responded to within (5} days following the meeting. Task 5: Meetings and Coordination Contractor will attend up to 3 internal project meetings related to the preparation of the impact report. These meetings include the following: • Up to two (2) meetings with City staff to discuss the findings in the draft impact report. • Up to two (2) City Council meetings to present the findings in the impact report. ·----------···-----··-··· -------------··-. Appendix 11 B11 Proposal Fee Estimate Kennedy/Jenks Consultants CliENT Name: City of Carlsbad PROJECT Description: Agua Hedlonda 8SJ15 Specific Plan Initiative Proposal/Job Number: 1287110*03 Date: 5/2012015 Classifioation: Hourly Rate: Task 1 -Review Methodology Review Methodology Task1 -Subtotal ~~s.k 2-Review Hydrology & Drainage Impacts Review Sewer Svstem Impacts & Anatvsis Findings Task 2 -Subtctsl ,Task 3 -Review Report Recommendations and Conclusions Review Report Recommendations and Conclusions Task 3 -Subtotal J'nls 4 -Documentation ! ~ "' = w $240 o! 0 "5' '8 "l E $235 0 0 2 2 ! ":-1 ~ $226 Ol 0 0 t Ill '? ·a '1 "' c: w $.zoo I s1ao 0 0 0 I 4] 41 6 6 12 121 ..., ~ "' ~ $1&6 <'! ~ tD ~ $150 0 0 0 ol 0 ol ~ (; "l en c: w $130 12: 12 12 12 el sl ... .. c tD o; l!l S13G i ·~ 0 0 o[ ~ ¥ "2 oCI. $96 0 0 ol ..; .!I! ~ .5 ~ $80 2 2 2: 2 Total Hours 18 18 20 20 22: 22i :r;~ 0 <U I-...I $2,440 $2.440 $2.800 $2.800 $3,570 $3.570 -... .. .., ;e~ $0 so so so $0 $0 : .., -i ~a. ... ~ $98 $98 $112 $112 $143 $143 J. ..!. .. 0 + ., .0 .. <0 .!3.oi -~a. (lli/)J( 0 w t-: Fees $2.538 $2.538 $'2..912 $2,912 ! $3,713 $3,713 1o_raft lm.e_~~~ort I I 4; I : 121 I I 161 I I 211 341 $5.~-IL-... ·--·-~.IL ....... ~~J~ .. •-·· Fmallmpact Report 2i ' 4 a 2 16 $2,390 $0 $96 $5,554 $2.486 Tssk 4-Subtotal 0 61 Ol Ol 161 Ol Ol 241 Ol Ol 411 SO $7,73() $0 $309 $8.039 l'J!!;k 5-Meetings and Coordination Meetings (4) 4 10! 1411 $2,760 $0 $110 $2.670 Task S -Subtotal 4 0 0 Oi 10: oi 0 ol Oi 0 o: 1411 $2,760 $0 $110 $2.B70 All Tasks Total ; 44l o] 0 0 4 8 0 54 ol 0 10 12411 $1UOO ~ S772 $20,012 P;\~12\12371 IO.~_C'oty of Cert1bldJQ<a Hodlooda Speclfk Plani01·Pf'Nobi ... I1.01-Pro~OQc\C<Irl6bad_Prop<>niF•eEtllmare_Ag\lo Htdlondo.O&l016 .... 0100& KDIIIItef>"JellkSCOre!AI"'I, llle. I PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 5529 CA911 This second Project Task Description and Fee Allotment, is entered into on :-:-~~~~~~=-~~b~...;~~&02J/~~:-:----:---' pursuant to an Agreement between Kenned /Jenks Consultants, Inc., a California corporation, ("Contractor'') and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated August 27, 2014, ("proposal"), attached as Appendix "A" for the Poinsettia Sewer Lift Station Upgrades, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and seventy (270) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $69,856. City Attorney Approved Version 1/30/13 CA911 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN SERVICES TASK GROUP LUMP SUM FEE 1. Project Management & Meetings $13,541 2. Pre-Design $9,152 3. Prepare Contract Documents $27,747 4. Permitting Assistance $6,426 5. Bid Phase and Construction Support $12,990 TOTAL (Not-to-Exceed) $69,856 Executed by Contractor this I 6 ttaay of ___ S_e.--fp'--t_~____;_k_Cl_r ____ , 2014. CONTRACTOR Kennedy/Jenks Consultants, Inc. a California corporation (name of Contractor) By~ dlL (sign here) 8? &~t_ Hu~L V•'c.t. ft.,.-d•-f. (print name/title) Kennedy/Jenks Consultants, Inc. a California corporation name of Contractor) tro If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~~ Date: \1~{(<-f .fl>v-City Manager er DiFeeter Kathryn B. Dodson APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY 41£nA~ 8t= City Attorney Approved Version 1/30/13 2 Kennedy/Jenks Consultants 27 August 2014 Mr. Mark Biskup Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for Poinsettia Sewer Lift Station Upgrades K/J 1287110*02 Dear Mr. Biskup: Engineers & Scientists 9665 Granite Ridge Drive, Suite 210 San Diego, California 92123 858-676-7500 FAX: 858-292-1694 Kennedy/Jenks Consultants (Kennedy/Jenks) is pleased to submit this proposal to the City of Carlsbad (City) for professional engineering services for final design of the Poinsettia Sewer Lift Station Upgrades project, which will include a prefabricated underground storage basin with automatic bypass pumping (trailer mounted, engine driven pump). These services are proposed to be performed under our Master Agreement for Wastewater Engineering Services, dated 28 November 2012. The following is our proposed scope of work. This scope is based on discussions with City staff, our understanding of the project, and our experience in completing similar efforts. SCOPE OF SERVICES Task 1 -Project Management/Meetings 1.1 Meetings: Kennedy/Jenks will attend four (4) meetings with City staff, including a project kick-off meeting, as well as review meetings to discuss the City's comments on the Basis of Design Technical Memorandum, 50% Design and 90% Design submittals. Kennedy/Jenks will prepare an agenda for the City's review prior to each meeting. Draft meeting minutes with action items will be distributed within five (5) working days following the meeting. Kennedy/Jenks will incorporate the City's comments and distribute a final record of the meeting minutes. 1.2 Monthly Updates: Kennedy/Jenks will prepare monthly project updates consisting of an email report to the City. The updates will identify and discuss project issues, coordination efforts, action items, schedule, budget, and other items of concern. For the p:\201211287110.02_city of carlsbad_poinsettia ls_final design\01-prejobinfo\1.01-propsuptdoc\carlsbad_poinsettia sewer lift station proposa1_082714.doc Mr. Mark Biskup City of Carlsbad 27 August 2014 Page2 Kennedy/Jenks Consultants purposes of this proposal, it is assumed that four (4) monthly project updates will be prepared. 1.3 Quality Assurance/Quality Control (QA/QC): Kennedy/Jenks will perform a review of all deliverables including reports, design plans and specifications, calculations, cost estimates, etc. prior to delivery. 1.4 Management: This task addresses the management responsibilities associated with proper scheduling, budget control, invoice preparation and coordination with the City's and Kennedy/Jenks' project team. Task 2 -Pre-Design 2.1 Basis of Design Memorandum: Kennedy/Jenks will prepare a Basis of Design (BOD) memorandum describing the proposed improvements, system hydraulics, pump selection, electrical/controls requirements, bypass pumping requirements, and construction schedule for the selected Alternative #5 as defined in the Poinsettia Sewer Lift Station Emergency Storage Improvements Evaluation Technical Memorandum prepared by Kennedy/Jenks, date August 21, 2014. Deliverables will include three (3) copies of the draft BOD to the City for review. The City's comments and input from the review meeting will be incorporated into the final BOD and Kennedy/Jenks will submit three (3) copies of the final BOD and an electronic (.pdf) copy. Task 3 -Prepare Contract Documents 3.1 Final Design: Using the TM developed in Task 2.1 as the basis for design, Kennedy/Jenks will prepare final design plans and technical specifications for the prefabricated underground storage basin with automatic bypass pumping (trailer mounted, engine driven pump). Specifications will be prepared utilizing the City's latest front-end (Div. 0 & 1) and technical specifications, supplemented with technical specifications developed by Kennedy/Jenks, as required. Kennedy/Jenks will prepare an engineer's opinion of probable construction cost. The following is a Preliminary Drawing List: SHEET NO. SHEET TITLE 1 Title, Vicinity Map, Location Map and Index of Sheets 2 Abbreviations, Symbols and General Notes 3 Site Plan 4 Civil Details 5 Mechanical Plan p:\201211287110.02_city of ca~sbad_poinsettia ls_final design\01-prejobinfo\1.01-propsuptdoc\ca~sbad_poinsettia sewer lift station proposai_082714.doc Mr. Mark Biskup City of Carlsbad 27 August 2014 Page 3 6 I Mechanical Sections & Details Kennedy/Jenks Consultants );;> Deliverables-Deliverables will include three (3) sets of the 50% and 90% design plans, technical specifications, supporting documents (calculations, catalog drawings, etc.) and opinion of probable construction cost. The final submittal will consist of one (1) set of the original stamped and signed mylar plans, technical specifications, opinion of probable construction cost; two (2) sets of all calculations and reports; and one CD containing the electronic AutoCAD files, technical specifications and bid schedule. Task 4-Permitting Assistance 4.1 APCD Permitting: DHK Engineers, Inc., as a subconsultant to Kennedy/Jenks, will prepare, submit and monitor APCD permit acquisition progress for the new trailer mounted engine driven pump. It is assumed that the City will pay for all permit fees. Task 5 -Bid Phase and Construction Support Services 5.1 Bidding Assistance: Kennedy/Jenks will respond to questions from potential bidders and prepare up to one (1) addendum as required. The addendum will be submitted to the City for review and distribution. 5.2 Pre-Construction Meeting: Kennedy/Jenks will attend the pre-construction meeting. The pre-construction meeting will be attended by the City, Kennedy/Jenks, and the contractor. The pre-construction meeting will provide the opportunity for a complete review of the Contract Documents by all parties prior to starting work. In conjunction with City staff, Kennedy/Jenks will be prepared to respond to questions regarding the Contract Document requirements, including special project requirements. 5.3 Reponses to Requests for Information (RFis): Kennedy/Jenks will assist with preparing responses to requests for information (RFis) from the contractor regarding the Contract Documents to ensure that the improvements and related facilities are constructed in compliance with same. An RFI log will be created and maintained. Our scope of work is based on receiving and responding to three (3) RFI's. Kennedy/Jenks will respond to RFI's within 7 calendar days in support of the construction schedule. 5.4 Submittal Review: Kennedy/Jenks Consultants will assist City staff with the review and approval of project submittals to ensure compliance with the construction drawings and specifications. Kennedy/Jenks will coordinate and process each submittal and maintain a submittal log. The submittal log will be maintained by an appropriate numbering system, such as the Contractor's submittal number and the specification section. The log will track the number of days taken to review or respond to each submittal. Our scope of work is based on reviewing eight (8) submittals (including O&M Manuals and re-submittals as required). p:\201211287110.02_city of ca~sbad_poinsettia ls_final design\01-prejobinfo\1.01-propsuptdoc\ca~sbad_poinsettia sewer lift station proposai_082714.doc Mr. Mark Biskup City of Carlsbad 27 August 2014 Page4 Kennedy/Jenks Consultants 5.5 Record Drawings: Following construction, Kennedy/Jenks will prepare a complete set of record drawings. The drawings will be prepared based on field changes documented by the City's Inspector and the contractor, and changes resulting from RFI's, clarifications and contract change orders. BUDGET & SCHEDULE Kennedy/Jenks proposes to perform the services described above on a time and materials basis in the not-to-exceed amount of $69,856 in accordance with the enclosed fee proposal (Attachment A). Assuming a Notice to Proceed date of September 15, 2014, the final BOD TM will be submitted by October 17, 2014 and Final design documents will be submitted by January 9, 2015, assuming a City review time of fourteen (14) calendar days for each submittal. A detail project schedule is enclosed as Attachment B. Please feel free to contact me at (951) 676-6814 or Mr. Corey Young at (858) 676-7505 should you have any questions regarding this proposal. Kennedy/Jenks appreciates the opportunity to work with the City on this important project. Very truly yours, KENNEDY/JENKS CONSULTANTS Sridhar Sadasivan, S.E, P.E. Project Director Enclosures (2) Uaoa Corey Young, P.E. Project Manager p:\201211287110.02_city of carlsbad _poinsettia ls_final design\01-prejobinfo\1.01-propsuptdoc\carlsbad_poinsettia sewer lift station proposa1_082714.doc Proposal Fee Estimate Kennedy/Jenks Consultants CLIENT Name: City of Carlsbad PROJECT Oescription: Poinsettia Sewer Lift Station Upgrades Proposal/Job Number: 1287110"02 Date: 8/27/2014 ATTACHMENT A 1il + J ~ .. ~ '9 ';-.,. "1 "t '? "! :;; .. .8 + II 'ij 'ij 'ij 'ij 'ij 'ij 'ij 'ij ~ c : j~i "' "' "' "' "' "' "' "' "' !~ " ii ~ ~ "' "' "' "' "' "' "' "' i ·e !~ ~& 0 w " ~ ~ ~ ~ ~ ~ ~ " 0 .. 0" 0 )( Classification: w w w w w w w w 0 < Total ........ f-0) 1-W 1- Hourtv Rate: $240 $236 $226 $200 $180 $165 I $160 $130 $136 $80 1-bura Fees Task 1 -Pro'oct Manaaement/Meetinas Subtask 1.1-Meetinas 14l 8 12 20 $3,580 $0 S143 S3 723 Subtask 1.2-Monthlv Uodates 14l 4 4 $800 $0 S32 S832 Subtask 1.3 -QNQC 20 20 S4,800 $0 S192 $4 992 Subtask 1.4 -Manaoement 16 8 24 S3,840 so S154 S3,994 T aok1 -Sublotal 20 0 0 281 0 12 0 0 0 8 68 S13,020 $0 S521 S13,541 Task 2-Pre.Qesian Subtask 2.1 -Basis of Desion Technical Memorandum ! 0 so so $0 $0 Draft Technical Memorandum 8 16 8 4 36 $5 760 $0 S230 S5 990 Final Technical Memorandum 4 8 4 4 20 S3 040 so S122 S3,162 Taok 2-Subtotal 0 0 0 12 0 24 12 0 0 8 56 $6,600 so S352 S9,152 ]'ask 3-Prepare ConJnlcl Documents -----·-- Subtask 3.1 -Final Desian 0 so $0 so $0 50% Submittal 8 12 6 24 2 54 $6160 $0 S327 S8 507 90% Submittal 12 24 16 32 4 86 S13 400 so S536 S13936 Final Submittal 4 8 8 12 2 34 S5,100 so S204 $5,304 Taok 3-Subtotal 0 0 0 24 0 44 32 0 68 8 176 S26,660 so S1,067 $27,747 Task 4 -Permittina Assistance Subtask 4.1 -APCD Penmittina 2 2 2 6 $690 S5,500 S36 S6,426 Taok 4-Sublotal 0 0 0 2l 0 2l ol 0 ol 2 6 $690 S5.500 S36 S6,426 Task 5-Bid Phase and Construclion Suaaort Services Subtask 5.1 -Biddina Assistance 4 8 2 14 S2 390 so S96 $2 486 Subtask 5.2 -Pre-Construction Meetinc 2 4 6 $1060 so S42 $!,~ Subtask 5.3-Resoonses to RFis 13\ 4 8 12 $2120 $0 S65 -~ Subtask 5.4 -Submittal Review (8) 4 121 16 32 $5160 $0 S207 $5 387 Subtask 5.5 -Record Drawinas •I 8 12 S1,740 $0 S70 $1 ,810 Taok 5-Sublotal 0 0 0 14 0 381 18 0 10 0 76 S12,490 $0 $500 $12,990 All Tasks Total 20 0 0 sol 0 1181 60 0 78 26 382 S61 880 $6,600 S2,476 $69 856 P:\201:?1121S7'110.~Cit¥ d Cerlsbaci_Polnsetia LS_AI'IIII OesigmO'I·PraJcblnfo'I1.01·PropS.tpd)ac\Cerllbed_Ptcp::aaFoeEiti ;ft_Poinda SLS_ce2514.xll C)20QIS~ ... d)itJilflkiCoftlubiiCI,hC ID I Task Name 35 Notice to Proceed Task 1 ·Project Management/Meetings Meetings Kick-Off Meeting Basis of Design Memorandum Review Meeting 50% Design Review Meeting 90% Design Review Meeting QA/QC Draft Basis of Deisgn Memorandum Final Basis of Deisgn Memorandum 50% Submittal 90% Submittal Final Submittal Task 2 ·Pre-Design Draft Basis of Deisgn Memorandum City Review Final Basis of Deisgn Memorandum Task 3 ·Prepared Contract Documents 50% Submittal City Review 90% Submittal City Review Final Submittal Task 4 ·Permitting Assistance APCD Permitting Task 6 • Bid Phase and Construction Support Services Bidding Assistance Pre-Construction Meeting Responses to Requests for Information Submittal Review Record Drawings 2014-08-25 Poinsettia SLS Schedule Task [ nn u.---c-1 Man 8125/14 - 84 days 76 days 0 days 0 days 0 days 0 days 77 days 1 day 1 day 2 days 2 days 1 day 26 days 10 days 10 days 5 days so days 15 days 10 days 15 days 10 days 10 days 30 days 30 days 180 days 30 days 0 days 130 days 60 days 10 days Progress ATTACHMENT B City of Carlsbad -Poinsettia Sewer Lift Station Mon 9/16/14 Mon 9/16/14 Man 9/15/14 Fri 10/10/14 Fri 11121/14 Fri 12126/14 Wed 9/24/14 Wed 9124/14 Thu 10/16/14 Man 11/3/14 Mon 1218/14 Thu 1/8/15 Mon 9/16/14 Man 9/15/14 Mon 9129/14 Man 10/13/14 Mon 10/20/14 Man 10120/14 Mon 11/10/14 Man 11124/14 Man 12115/14 M on 12129/14 Mon 11/24/14 Man 11124/14 Mon 1/12/16 Man 1/12/15 Fri 3/6/15 Man 3/9/15 Man 3/9/15 Man 9/7/15 Proposed Project Schedule (Revised August 25, 2014) Finish Man 9/15/14 Thu 1/8/16 Frl12/26/14 Man 9/15/14 Fri 10/10/14 Fri 11121/14 Fri 12/26/14 Thu 1/8/16 Wed 9124/14 Thu 10/16/14 Tue 11/4/14 Tue 12/9/14 Thu 1/8/15 Fri 10/17/14 Fri 9/26/14 Fri 10/10/14 Fri 10/17/14 Fri 1/9/16 Fri 11/7/14 Fri 11121/14 Fri 12112114 Fri 12/26/14 Fri 1/9/15 Fri 1/2/16 Fri 1/2115 • ... D D •• •• i • 11/21 • 12/26 • ... 0 ....-----··-· D ,...,. 0 D D D ... ... I I . M~r __ l_ Apr ... l May I Jun I Jul I Au Fri 9/18/16 Fri 2120/15 Fri 3/6/15 Fri 9/4/15 Fri 5129/15 ~ ... I I • 3/6 Fri 9/18/15 D Milestone + Summary ~ ~ City Review I I Page 1 ' ,. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 5529 CA911 This and Fee Allotment, is entered into on --:-~~~..u-"'"""--'4-!C.-...,~~:;w:;..~~"""'__::,~.~--· pursuant to an Agreement between Kennedy/Jenks Con ltants, nc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 30, 2014, ("proposal"), attached as Appendix "A" for the Poinsettia Lift Station Emergency Storage, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty {250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $27,488. City Attorney Approved Version 1/30/13 . " TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN SERVICES TASK GROUP LUMP SUM FEE 1. Project Management & Meetings $8,632 2. Data Gathering, Investigations and Evaluations $6,958 3. Proposed Alternative Development and Evaluation $11,898 TOTAL (Not-to-Exceed) $27,488 Executed by Contractor this _...:..1.:.....1 _day of __ _;;_h.....;;.e.._;/q,::...:J.....;;.o~/1t--------' 20 I '1 . CONTRACTOR Kennedy/Jenks Consultants, Inc. a California corporation (name of Contractor) By: C)1: I ..;Jt-__ (sign here) V P Pcl:r.-~k:-"'\. H u.s h/1 (print name/title) Kennedy/Jenks Consultants, Inc. a California corporation If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California Date:-~+' _!....,...1-_0...._L.__1_4 ___ _ ,, APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY £&AAGr City Attorney Approved Version 1/30/13 2 APPENDIX A 30 January 2014 Mr. Mark Biskup Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Kennedy/Jenks Consultants Engineers & Scientists 9665 Granite Ridge Drive, Suite 210 San Diego, California 92123 858-676-7500 FAX: 858-292-1694 Subject: Proposal for Poinsettia Lift Station Emergency Storage Improvements Evaluation KIJ 1287110*01 Dear Mr. Biskup: Kennedy/Jenks Consultants (Kennedy/Jenks) is pleased to submit this proposal to the City of Carlsbad (City) for professional engineering services for a preliminary evaluation of emergency storage alternatives and/or improved redundancy at the Poinsettia Sewer Lift Station. These services are proposed to be performed under our Master Agreement for Wastewater Engineering Services, dated 28 November 2012. The following is our proposed scope of work. This scope is based on discussions with City staff, our understanding of the project, and our experience in completing similar efforts. SCOPE OF SERVICES Task 1 -Project Management/Meetings 1.1 Meetings: Kennedy/Jenks will attend two (2) meetings with City staff, including an initial workshop to discuss objectives for this study, standards, expectations, and brainstorm ideas/alternatives, as well as a review meeting to discuss the City's comments on the Draft Technical Memorandum. Kennedy/Jenks will prepare an agenda for the City's review prior to each meeting/workshop. Draft meeting minutes with action items will be distributed within five (5) working days following the meeting. Kennedy/Jenks will incorporate the City's comments and distribute a final record of the meeting minutes. 1.2 Bi-Weekly Updates: Kennedy/Jenks will prepare bi-weekly project updates consisting of an email report to the City. The updates will identify and discuss project issues, coordination efforts, action items, schedule, budget, and other items of concern. For the purposes of this proposal, it is assumed that five (5) bi-weekly project updates will be prepared. g:lm.rtetinglsubmittals\ca~sbad_cityof\ca~sbad_poinsettia sewer lift stationlcarlsbad_poinsettia sewer lift station proposai_013014.doc Mr. Mark Biskup City of Carlsbad 30 January 2014 Page 2 Kennedy/Jenks Consultants 1.3 Quality Assurance/Quality Control (QA/QC): Kennedy/Jenks will perform a review of all deliverables including reports, calculations, cost estimates, etc. prior to delivery. 1.4 Management: This task addresses the management responsibilities associated with proper scheduling, budget control, invoice preparation and coordination with the City's and Kennedy/Jenks' project team. Task 2-Data Gathering, Investigations and Evaluations 2.1 Data Gathering: Kennedy/Jenks will collect and review information pertaining to the study including available record drawings, master plan documents, lift station flow data and future planning with regards to service area development. 2.2 Site Investigation: Kennedy/Jenks will perform a site investigation with City operational staff to inspect the existing system and better understand any operational concerns. During this site visit the force main alignment and the surrounding area will be inspected for future tasks. 2.3 Existing System Evaluation: Kennedy/Jenks proposes to evaluate the existing Poinsettia Lift Station and the associated gravity and force main sewer system to determine the existing emergency storage capacity and redundancy capabilities. Realistic emergency events will be identified and ranked by both frequency of occurrence and degree of effect on the system. Flow data from Task 2.1 will be used to determine existing and future flows for ADWF, PDWF, and PWWF. The ramifications of a realistic emergency event will be quantified to determine the most susceptible elements of the existing system. It is assumed that modeling and/or flow testing are not included as part of our scope. Task 3 -Proposed Alternative Development and Evaluation 3.1 Improvement Alternative Development and Evaluation: Following the existing system evaluation, Kennedy/Jenks will identify improvement alternatives that will minimize the effects of an emergency event. Alternatives will include, but are not limited to, an emergency storage basin, alternate force main, wet well segregation, and secondary pumping system. An initial cost estimate of each feasible alternative will be created for assistance in recommending a preferred alternative. :J;> Deliverables -The improvement alternatives, including cost estimates and recommendations, will be documented in a draft Technical Memorandum. Kennedy/Jenks will submit four (4) copies of the draft Technical Memorandum to the City for review. The City's comments and input from the review meeting will be incorporated into the final Technical Memorandum and Kennedy/Jenks will submit four (4) copies of the final Technical Memorandum and an electronic (smart .pdf) copy. g:\marketing\submittals\carlsbad_cityol\carlsbad_poinsettia sewer lift stationlcarlsbad_poinsettia sewer lift station proposai_013014.doc Mr. Mark Biskup City of Carlsbad 30 January 2014 Page 3 BUDGET & SCHEDULE Kennedy/Jenks Consultants Kennedy/Jenks proposes to perform the services described above on a time and materials basis in the not-to-exceed amount of $27,488 in accordance with the enclosed fee proposal. Kennedy/Jenks will submit the final Technical Memorandum within 80 calendar days following receipt of a notice-to-proceed per the enclosed schedule, assuming a City review time of fourteen (14) calendar days. Please feel free to contact me at (858) 676-7505 should you have any questions regarding this proposal. Kennedy/Jenks appreciates the opportunity to work with the City on this important project. Very truly yours, KENNEDY/JENKS CONSULTANTS Cz;oa Corey Young, P.E. Project Manager Enclosures (2) Patrick T. Huston, P.E. Vice President g:lmarketing\submittalslca~sbad_cityoflca~sbad_poinsettia sewer lift station\carlsbad_poinsettia sewer lift station proposai_013014.doc Proposal Fee Estimate Classification: Hourly Rate: CLIENT Name: ________ __:C:.:.ity:z....:o:..:f....::C::..:a::.rl:=s::.b::.ad=---------- PROJECT Description: __ ...:P....:o:.:i::.:n=s=ett=ia,_L=ift::...=S.::ta:.:t:.:.:io:.:n::...:E:.:.:m:.:;e:.:rg=e::.:n:.:c:Ly....:S:.:t:::oc:.ra::.g;o;e=..=E:..:v.=a::.:lu:.:a:.:t::..:io:..:n.:.-__ Proposal/Job Number: _,1.::.2:::.87:....1'-1"'0'-*0:::.1=-------------- $240 '9 ·u , Dl c w $235 i ":" '9 ·u ·u Ul , .;, Dl c c w w $225 $200 i $180 Date: ., ·u Ul .;, c w $165 1/30/2014 $150 'l' ·u Ul .;, c w $130 I ~sk 1 -Project Management/Meetings -+------__ _ ... .. c Dl ·= Q $135 c ·e "0 < u .. -~ Q. $95 Total $80 Hours Kennedy/Jenks Consultants :!~ 0 .. I-....I -.. J!.c 0 " 1-Ul Fees ~btask 1.1 -1./leetings (2) _ ______ r-----____ .e.L _____ _!l,-_____ -···----+--+-----~ __ $2.520 ----""'--1- ~~:::: ::: ~ ~~:~kly Updates@_______________ t ____ 8r-----~--4-------~------~-·+-···-4+----_.:~flQ[J_ - $0 $101 $2.621 $0 $32 -~ ~~btask 1 ~ Mana~ement ··------·--·----·----·-r--~--r--~---~ ---~-:-··--: ---; --':'-':--:~:.:::0=-0-t----_ _!()_ -$75 $1.955 $0 $124 $3.224 Task1 -Subtotal 0 8 0 22, 8 Task 2-Data Gathering, Investigations and Evaluations i I Subtask 2.1 -Data Gathering 2l 8 ! 61 i Subtask 2.2 -Site Investigation i 6 Subtask 2.3 -Existing System Evaluation I 4 12 Task 2-Subtotal 0 0 12! 0 26 ~sk 3_-Proposed Alternative Development and Evaluation .... __ r-·----"----+ ---·+----'---------- ~btask 3.1 :irllpr<:lVement Alternative Development and_ Evaluations i -+------+---.. ---· -------t---·--- r---()_raft Technical Memorandum Final Technical Memorandum ------1----i----- Task 3-Subtotal oi 0 All Tasks Total o· 8 G \Marketirg\Submrttals\Carlsbad_Crtyof\Carlsbad_Poinsettla Se-wer Lift Statlon\Catlsbad_ProposaiFeeEstimate_Potrsettta SLS_013014.xts 32 4 12 0 12 0 44 oi 46' 0 78 0 0 0 0 ----f--·-- 8 2 0 10 0 10 a 4 4 46 $8.300 10 $1.720 12 $2.190 16 $2.780 0 0 0 38 $6.690 --·· --f----- ---~--+ --1----·-0 t---··-~ -+ 4 52 $8.~~ 2 20 $3.200 0 0 6 72 $11.440 0 4( 10 156 $26,430 $0 $332 $8632 $0 $69 $1.789 $0 $88 $2.278 $0 $111 $2.891 $0 $268 $6.958 ------1-----r------ .. --~ ----~~--------~ $0 $330 $8.570 ·---------r------- $0 $128 $3.328 $0 $458 $11.898 $0 $1,058 $27 488 Cl2008 Kemedyr'.Jerlb Conal.tlm. he. MASTER AGREEMENT FOR WASTEWATER ENGINEERING SERVICES (KENNEDY/JENKS CONSULTANTS, INC.) CA911 ~IS AGREEMENT is made and entered into as of the of~ day of I~ , 20 I~ by and between the CITY OF CARLSBAD, a municipal corpo atlOn, hereinafter referred to as "City", and KENNEDY/JENKS CONSULTANTS, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in waste water engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to waste water engineering. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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. 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 in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17/12 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-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 1 0.1.1 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. 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 Liability. 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. City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 2/17112 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 pursuantto 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 any time, 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. 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. 4 City Attorney Approved Version 2/17112 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For Citv: Name Title Dept Address Phone William Plummer Engineering Manager Utilities Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad CA, 92008 (760) 602-2768 For Contractor: Name Title Address Phone Email Corey Young Lead Project Manager 10920 Via Frontera, Suite 110 San Diego, CA 92127 (858) 676-3620 coreyyoung@KennedyJenks.com 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 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. 5 City Attorney Approved Version 2/17/12 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 at the 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. 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 seq., 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. 6 City Attorney Approved Version 2/17112 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2117/12 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. Executed by Contractor this '2. 5'" +""" day of __ S_o.p!....-t_•_""'_l......;o,-:......_ ___ , 20 ~ '2.. . CONTRACTOR KENNEDY/JENKS CONSULTANTS, INC., a California corporati9n} / By:~ --tJ7t=-- (sign here) ~ tr:c.. k ]-tv.>~ (print name/title) Wee p,..,:dll"+. (sign here) DONALD R. WEIDt/J (print name/title) Group A Chairman, President, or Vice-President SECRETARY CITY OF CARLSBAD, a municipal corporation of the State of California By: t kif;/, II lr yor ATTEST: 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17112 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of ~ r ACVV'\~ } on £1l-z..1/12. personally appeared D~J. ~. W..elcU.--vv Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is~ subscribed to the within instrument and acknowledged to me that he/sl'le/ti=IQ.y executed the same in his~authorized capacity(is&), and that by hislhefAI:I.eir signaturets) on the instrument the person~. or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: if_ ~ ~ S1gnature of Notary Public OPTIONAL----------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . Title or Type of Document: N'lo\~.\t<Ct~~ t fOr IA:tt~~' V\ct-n~SerJIC-G Document Date: ~ /2.s/ ( '2. Number of Pages:--=~=------ Signer(s) Other Than Named Above: \6..1-r-lcl::..lb~. LD~;I'\(J w~ .. (Z:o~ltl I<. ~ 1/ Capacity(ies) Claimed by Signer(s) Signer's Name: Dc::>na...ld e. we lei e.Vl ;K.Corporate Officer-Title(s): Sec...n.kv~ LJ Individual RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER D Partner-D Limited D General Top of thumb here lJ General Top of thumb here D Attorney in Fact n Attorney in Fact :J Trustee =:J Trustee n Guardian or Conservator D Guardian or Conservator C Other: ________ _ C Other: ________ _ Signer Is Representing: t<eYW\ {.JE.,n~s Signer Is Representing: ___ _ ~~~l~~ )n"'"'c.~----------L__ ___ ___. © 2010 National Notary Association· NationaiNotary.org • 1·800-US NOTARY (1-800-876-6827) Item #5907 State oi Caliiornia l Counfy oi ;;;;H £.!cpa f On ~?en, before me, :rc/£/2. tAHe-~~&.6$ Da1e / ~ ~ HerlJilsert NamE THie o11he Ot1icer personally appeared )1(71. /rhKLL!fi.../r?lt ~ Nsme(s) o1 Signer{s) JEFF B. LANGFORD • commission# 1959089 ~ Notary Public • California J ! san Diego County .. J •••••• Ml to'!"']; F:mr~ ~o: ts.,201.sj Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,t) whose name($') isMre subscribed to tile within instrument and acl{nowledged to me that llels;(e!th~' executed the same in llis/l')i'J'f'/th~ authmized capacity(i~, and that by his/l~·ft!;16J· signature(€) on the instrument the person_(.e7, or 'the entity upon behalf of which the person(p-1 acted, executed the instrument. I certify under PENALD' OF PERJURY under the laws of the State o1 California that the foregoing paragraph is true and correct OPTIONAL -""'"--"';,..._-__....; ______ ~ Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaHachment of this form to another document. Description of Attached Document Title or Type of Document: Aa ~ 4-/~r.,,l Document Date:-------------------Number o1 Pages:--------- Signer(s) Other Than Named Above: CB.pacfty(ies) Claimed by Signer(s) Signer's Name: ./lubr~~ 0 Individual I£. /1 / , ~Corporate Officer-Title(s): V-ICe-/7(;#~ 0 · Partner -D Limited D General ' 0 Attorney in Fac1 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ____ _ Signer's Name: _____ ..:.··---------- 0 Individual 0 Corporate Officer-Title(s): --------- 0 Partner-0 Limited D General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _________ _ Signer Is Representing: ____ _ ~~"'§..-iib',.~~~~~ Cl2007 National Notary Associalion • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationaiNotary.org Item 415907 Reorder: CaiJToii·Free 1-BOQ-876-6827 1635 Faraday Avenue Carlsbad, CA 92008 Contract/Proposal: May 23, 2012 PERSONNEL COMPENSATION Classification EXHIBIT A Hourly Rate CAD-Technician ................................................................................................ $105 Designer-Senior Technician .............................................................................. $135 Engineer-Scientist-Specialist 1 .......................................................................... $125 Engineer-Scientist-Specialist 2 .......................................................................... $130 Engineer-Scientist-Specialist 3 .......................................................................... $150 Engineer-Scientist-Specialist 4 .......................................................................... $165 Engineer-Scientist-Specialist 5 .......................................................................... $180 Engineer-Scientist-Specialist 6 .......................................................................... $200 Engineer-Scientist-Specialist 7 .......................................................................... $225 Engineer-Scientist-Specialist 8 .......................................................................... $235 Engineer-Scientist-Specialist 9 .......................................................................... $240 Project Administrator ........................................................................................... $95 Administrative Assistant ...................................................................................... $80 Aide .................................................................................................................... $60 In addition to the above Hourly Rates, a four percent Communications Surcharge will be added to Personnel Compensation for normal and incidental copies, communications and postage. DIRECT EXPENSES Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as: a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Project specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate .. Reimbursement for use of computerized drafting systems (CAD), geographical information systems (GIS), and other specialized software and hardware will be at the rate of $12 per hour. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as a direct expense. Kennedy/Jenks Consultants