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HomeMy WebLinkAboutTory R Walker Engineering Inc; 2012-05-09; TRAN819TRAN819 AGREEMENT FOR HYDROLOGY DESIGN SERVICES TORY R. WALKER ENGINEERING, INC. ^ THIS AGREEMENT is made and entered into as of the / day of /)^ct x/ 2012, by and between the CITY OF CARLSBAD, a municipal corporatioraf ("City"), and TORY R. WALKER ENGINEERiNG, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a hydrology engineer that is experienced in hydrology design for roadway planning and improvements. Contractor has the necessary experience in providing these professional services, 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be seven thousand five hundred dollars ($7,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. 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 eariy termination of this Agreement. City Attorney Approved Version 2/17/12 6. INSURANCE Contractor will obtain and maintain policies of commercial generai liability insurance, automobile iiability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least 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 ieast "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenA/ise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of interest Code. The Contractor shail report investments or interests in ali four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time scheduie. City Attorney Approved Version 2/17/12 14. 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 TORY R. WALKER ENGINEERiNG, INC., a California corporation By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manag|or6r Mayor Director (print name/title) 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 By:. Assistant City Attorne City Attorney Approved Version 2/17/12 TORY R. WALKER ENGINEERING, INC. WATER RESOURCES PLANNING & ENGINEERING March 15, 2012 Mr. Brandon Miles City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Re: Proposal for Hydromodification Design for the Expansion of South Melrose Drive North of Palomar Airport Rd, Carlsbad, Califomia Dear Brandon: Tory R. Walker Engineering (TRWE) is very pleased to submit this proposal to prepare a hydromodification design for the proposed Expansion of South Melrose Drive North of Palomar Airport Drive in the City of Carlsbad. Our recent experience preparing Hydromodification Management Plans (HMPs) on similar projects, the hydromodification designs that support those HMPs, and our proven track record for delivering value to our clients, makes TRWE an exceptional choice to perform these tasks. TRWE has provided professional consulting services to public and private entities in the Southwestern United States since 2000. Tory Walker, who has 26 years of experience in water resources engineering, established the firm based on an engineering industry need for experts in water resources to support the already overburdened engineering community, as well as floodplain and storm water program managers in managing flood control programs mandated by local, state, and federal regulations. Recently, Dr. Luis Parra, one of the leading experts in hydromodification in Southem Califomia, has joined TRWE as full time Senior Project Manager. Dr. Parra has a PhD in Water Resources and brings an additional 22 years of experience in hydrology and hydraulics. Dr. Parra is also a part time professor of Applied Hydrology at San Diego State University. Our core beliefs in providing value through vision, talent and an in-depth understanding of water resources led to the growth of TRWE since its inception. Over the years, TRWE has established a reputation for providing quality technical skills combined with a high level of integrity to every client we serve. With an office in North San Diego County, TRWE is centrally located to serve our clients throughout Southern California. TRWE serve a broad range of public and private industry clients, including private developers and corporations, engineering and environmental consultants, and local, state and federal agencies. Below, we have outlined our anticipated Scope of Work, based on our current understanding of this project. 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 I PH: 760.414.9212 Fx: 760.414.9277 I WWW.TRWENGINEERING.COM Mr. Brandon Miles Proposal for Expansion of S. Melrose Dr. March 15,2012 SCOPE OF WORK Task I: Project Coordination We will coordinate with the City of Carlsbad to incorporate our calculations and design recommendations into the project plans and supporting reports. Task 2: HMP - Existing Conditions We will prepare a continuous simulation model using the EPA SWMM program to compare existing and proposed condition runoff flow duration curves. For pre-development conditions, the total contributing area, slopes and fraction of impervious and pervious areas is needed for the contributing area to the selected point of compliance. As no inlet BMPs currently exist, hydromodification compliance for the project will be obtained by using a simple analysis of the watershed discharging into the unique Point of Compliance (POC-1), a few feet upstream of the intersection of South Melrose Drive and Lionshead Avenue. Task 3: HMP - Proposed Conditions TRWE will revise the continuous simulation hydrologic models for the POC from this project site. The revisions will be based upon the project site plan as already established by the City of Carlsbad. For the proposed conditions, there is a proposed water quality system that consists of either a multiple stage bioretention cell or an infiltration based swale. The modeling of the multiple stage bioretention is very complex from a continuous simulation point of view. Such modeling effort will reduce very little the proposed flow duration curve; consequently, hydromodification attenuation of the bio-retention or inflltration swale will be ignored in the model (conservative assumption). It is important to note that such bioretention/swale alternative is supposed to be designed to treat only the expansion of S. Melrose Dr. from the compliance point of view. However, from the physical point of view, it will receive the total runoff of the contributing area, which includes not only the expansion area, but also the existing street and adjacent contributing areas. Therefore, a diversion structure has to be modeled at the entrance of the system: the curb opening will be designed with a capacity equal to the flow-based water quality capacity of the area that needs to be treated, plus any additional capacity deemed necessary for hydromodification compliance. The water by-passing the treatment facility and continuing in S. Melrose Drive will not be treated, neither for water quality nor hydromodification purposes, and will discharge directly into the POC-1. The water that enters the water quality facility will be then discharged into an underground pipe with a controlled discharge, and such discharge will join the by-passed discharge at the POC-1 via proposed storm drain. The purpose of the design will then be to design a diversion structure and an underground pipe system such that the combined flow duration curve in post-development conditions is smaller than or equal to the flow duration curve in pre-development conditions. It can be seen that the model increases in complexity when the real behavior of all possible flows is modeled properly, but the added advantage of this proposed modeling effort is the possibility to increase the minimum size orifice of the underground system. The increase is possible because a portion of the real contributing flow will be routed and then reduced/altered from Mr. Brandon Miles Proposal for Expansion of S. Melrose Dr. March 15, 2012 the discharge point of view once it leaves the water-quality/hydromodification facility. The optimum combination of diversion/underground pipe/outlet orifice will be designed to satisfy water quality and hydromodification requirements, and to increase the lower orifice to a maintainable size (1 inch or more). Task 5: HMP Technical Report TRWE will prepare a HMP Technical Report for the continuous simulation HMP for 0.1 Q2 up to Qio. We will prepare the report in accordance with specific requirements by the City of Carlsbad and the HMP Document. The report will explain in detail assumptions related to the modeling, parameters of the model, point of compliance, overall flow duration curve for the POC in pre and post-development conditions, and detailed stage vs. volume requirements and outiet structure requirements of the hydromodification BMP(s) to satisfy hydromodification compliance. SCHEDULE TRWE will work with your team to maintain the project schedule. We will begin our analysis after receiving approval you. ESTIMATED FEES Estimated fees are as outlined below. We propose to bill every two weeks for time and expenses, based upon our attached fee schedule (See Attachment A). Expenses include mileage billed at the IRS rate and report materials. ESTIMATED FEE SCHEDULE TASK DESCRIPTION HOURS COST 1 Project Coordination 8 $ 1,200 2 HMP-Existing Conditions 8 $ 1,100 3 HMP-Proposed Conditions 24 $ 2,800 4 HMP Report 20 $ 2,300 SUBTOTAL (LABOR) 60 $ 7,400 EXPENSES $ 100 ESTIMATED TOTAL $ 7,500 EXCLUSIONS The primary challenge for this site is the diversion design combined with the underground pipe design. We have not budgeted detailed water-quality design or preparation of the Water Quality Management Plan, but will provide the City of Carlsbad with concepts and sketches to incorporate into their plans for the water quality point of view. Mr. Brandon Miles Proposal for Expansion of S. Melrose Dr. March 15, 2012 We have anticipated only one revision to our analyses and reports as a result of review by the City of Carlsbad. We have also not anticipated for a project review or project meetings with the Regional Water Quality Control Board. Any additional work or meetings resulting from site design changes or City comments would be mutually agreed upon prior to performance of such tasks. Billing will be submitted every two weeks based on the percentage of work completed. Payment is due within thirty (30) days of the date of the invoice. If you would like us to proceed with the work as outlined above, we ask that you please sign and return this agreement as our written authorization. Please contact me at (760) 414-9212 if you have any questions. Thank you for allowing Tory R. Walker Engineering, Inc. the opportunity to provide these services. Sincerely, TORY R. WALKER ENGINEERING, INC. Tory R. Walker, P.E. President Enclosures APPROVED: BY: DATE: PRCvfTED NAME: TITLE: