HomeMy WebLinkAbout1999-05-04; City Council; 15172; Four Trenchless Technology Projects9 z5 E 4 .a
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CITY OF CARLStsADICARLSBAD MUNICIPAL WATkR DISTRICT - I
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TG. 05/04/99
EPT. CMWD
TITLE- APPROVAL AND EXECUTION OF AGREEMENT FOR
PRELIMINARY ENGINEERING DESIGN SERVICES FOR FOUR
TRENCHLESS TECHNOLOGY PROJECTS-SOUTH AGUA
HEDIONDA SEWER REACH SAH3; INTERSTATE 5,16-INCH
WATER PIPELINE CROSSING; FOREST AVENUE I-INCH GRAVITY
SEWER PIPELINE; AND FOXES LANDING SEWER LIFT STATION
FORCE MAIN, CMWD PROJECT 92-406, CONTRACT NOS. 35831,
36591,34951, AND 36561
RECOMMENDED ACTION:
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CITY ATTY. p ’
City of Carlsbad City Council: Adopt Resolution No. 99- 156 for approval and execution of
agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water
District for preliminary engineering design services for water and sewer pipelines for the South Agua
Hedionda Sewer Reach SAH3 18-inch Force Main and 24-inch Gravity Sewer Pipeline; Interstate 5,
16-inch Water Pipeline Crossing; Forest Avenue 8-inch Gravity Sewer Pipeline; and Foxes Landing Sewer Lift Station Force Main; CMWD Project 92-406, Contract Nos. 35831, 36591, 34951, and
36561.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. for approval lb S 0
and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District for preliminary engineering design services for water and sewer pipelines for
the South Agua Hedionda Sewer Reach SAH3 18-inch Force Main and 24-inch Gravity Sewer
Pipeline; Interstate 5, 16-inch Water Pipeline Crossing; Forest Avenue 8-inch Gravity Sewer Pipeline;
and Foxes Landing Sewer Lift Station Force Main; CMWD Project 92-406, Contract Nos. 35831,
36591,34951, and 36561.
ITEM EXPLANATION:
The project involves doing a preliminary design study to identify trenchless technology methods to
construct pipelines including an l&inch sewer force main and 24-inch gravity sewer pipeline under
the Agua Hedionda Lagoon, a 16-inch potable water line under the Interstate 5 Freeway, an 8-inch
gravity sewer pipeline from the Forest Avenue sewer lift station to Marron Road and a new sewer
force main for the Foxes Landing Sewer Lift Station.
The District requested proposals for the preliminary design reports for the potable water line and
sewer pipelines from Camp, Dresser, and McKee, Kennedy/Jenks, Malcom-Pirnie, and Montgomery
Watson. The District engineering staff reviewed the proposals and have selected Kennedy/Jenks Consultants for the most responsive and competent proposal. The engineering staff have also
determined that their proposal price is fair and reasonable.
ENVIRONMENTAL IMPACT:
The work is exempt from CEQA in accordance with Section 15306 Class 6 Information Collection.
FISCAL IMPACT:
The preliminary design reports are estimated to require two months to complete and the fee will be
$75,480 plus $10,020 for contingencies (Sanitation Funds share of the cost is $62,480 for preliminary design services and $7,520 for contingencies, and Water Fund share of the cost is $13,000 for design
services and $2,500 for contingencies).
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Page 2 of Agenda Bill No. 15: I 72
The distribution of City and District appropriation of funds for engineering design services are shown
below in City Sewer Cost Table 1 and District Water Cost -Table 2.
TABLE 1
Foxes Landing Sewer Lift Station Force Main '13;ooo
Continaencies $7.520
TABLE 2
EXHIBITS:
1. Location Map-South Agua Hedionda Sewer Reach SAH3.
2. Location Map-Interstate 5-16” Potable Water Pipeline Crossing.
3. Location Map-8” Forest Avenue Gravity Sewer Pipeline.
4. Location Map-Foxes Landing Sewer Force Main.
5. Professional Services Agreement between Kennedy/Jenks Consultants, City of Carlsbad and
Carlsbad Municipal Water District.
6. City of Carlsbad City Council: Adopt Resolution No. $0, I5 6 for approval and execution of
agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water
District for preliminary engineering design services for water and sewer pipelines for the South Agua Hedionda Sewer Reach SAH3 18-inch Force Main and 24-inch Gravity Sewer Pipeline; Interstate 5,
16-inch Water Pipeline Crossing; Forest Avenue 8-inch Gravity Sewer Pipeline; and Foxes Landing Sewer Force Main; CMWD Project 92-406, City Projects 35831,36591, 34951 and 36561.
Page 3 of Agenda Bill No. ISI I 7 %
7. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /OS0 for approval
and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad
Municipal Water District for preliminary engineering design services for water and sewer pipelines for
the South Agua Hedionda Sewer Reach SAH3 18-inch Force Main and 24-inch Gravity Sewer
Pipeline; Interstate 5, 16-inch Water Pipeline Crossing; Forest Avenue 8-inch Gravity Sewer Pipeline;
and Foxes Landing Sewer Force Main; CMWD Project 92-406, City Projects 35831, 36591, 34951
and 36561.
3
I
LOCATION MAP
SOUTH AGUA HEDIIJNDA SEWER REACH SAH3
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Project Name: CONTRACT Exhibit
SOUTH AGUA HEDIIINDA SEWER REACH SAH3 Not 35831 No,
1
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LOCATION MAP
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t 5 \ \ A. \ i. ‘\ i i ANATRA
\ \ ‘\ 1. \ i \ L INTERSTATE 5 16-INCH i i WATER PIPELINE CROSSING i ‘i, \ < i i \
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Project Name:
INTERSTATE 5, 16-INCH WATER PIPELINE
CROSSING
CCINTRACT
No, 36591
Exhibit
No,
2
LOCATION MAP
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AVE. ---.-.- ..--..-..-.
FOREST AVENUE 8-INCH
GRAVITY SEWER PIPELINE
Project Name: CONTRACT Exhibit
FOREST AVENUE &INCH GRAVITY SEWER No, 34951 Non PIPELINE 3
LOCATION MAP
FOXES LANDING SEWER J LIFT STATION FORCE MAIN
I , Project Name:
FOXES LANDING SEWER LIFT STATION
FORCE MAIN
CONTRACT Exhibit
No, 36561 No,
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AGREEMENT
THIS AGREEMENT is made and entered into as of the 4 th day of
May , 192, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and
KENNEDY/JENKS. CONSULTANTS, a California corporation, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of an enaineerinq desian Contractor to provide the
necessary enaineerina desian services for preparation of preliminarv desiqn reports for
four trenchless technoloav proiects-South Aqua Hedionda Sewer Reach SAH3;
Interstate 5. 16-inch Water Pipeline Crossina: Forest Avenue 8-inch Gravitv Sewer: and
Foxes Landina Sewer Lift Station Force Main; and District requires the services of an
enqineerina desiqn Contractor to provide the necessary enaineerina desian services for
preparation of preliminarv desian reports for four trenchless technoloav proiects-South
Aqua Hedionda Sewer Reach SAH3: Interstate 5. 16-inch Water Pioeline Crossincl;
Forest Avenue 8-inch Gravitv Sewer: and Foxes Landina Sewer Lift Station Force Main;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City and the District;
rev. 03/22/99
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NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City, District and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
See attached Scope of Work, Exhibit “A”, attached hereto and made a part
hereof.
2. CITY OBLIGATIONS
The City shall provide City of Carlsbad topographic maps and as-built drawings
of existing sewer pipeline and lift station.
The District shall provide City of Carlsbad topographic maps and as-built
drawings of existing water pipelines.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City Engineer or designee and be completed within one
hundred eiahtv [w&in&alendar] days of that date. Extensions of time may be
granted if requested by the Contractor and agreed to in writing by the City Engineer or
designee. The City Engineer or designee will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the Contractor, or delays caused by City or District inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $75,480. No
other compensation for services will be allowed except those items covered by
2 rev. 03/22/99
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City and the District.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one vear (1) from date thereof. The
contract may be extended by the City Manager/Executive Manager for one (IJ
additional one (1) year periods or parts thereof, based upon a review of satisfactory
performance and the City’s and the District’s needs. The parties shall prepare
extensions in writing indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within seven (7) days of completion and approval of the District Enaineer the
Contractor shall deliver to the City the following items:
Preliminary design reports with 11” X 17” plan and profile sheets and Autocad
Release 14 digital copies, and cost estimates.
6. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor, the
City or the District, and informal consultations with the other party indicate that a
3 rev. 03122199
change in the conditions of the contract is warranted, the Contractor, the City or the
District may request a change in contract. Such changes shall be processed by the
City in the following manner: A letter outlining the required changes shall be forwarded
to the City/District by Contractor to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A Standard Amendment
to Agreement shall be prepared by the City and the District and approved by the City
and the District according to the procedures described in Carlsbad Municipal Code
Section 3.28.172. Such Amendment to Agreement shall not render ineffective or
invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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,
the City or the District shall 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 such fee, commission, percentage, brokerage fees, gift, or
contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
4 rev. 03/22/99
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager/Executive Manager may terminate this
contract for nonperformance by notifying the Contractor by certified mail of the
termination of the Contractor. The Contractor, thereupon, has five (5) working days to
deliver said documents owned by the City and the District and all work in progress to
the District Enaineer. The District Enaineer shall make a determination of fact based
upon the documents delivered to City of the percentage of work which the Contractor
has performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Manager, the Manager shall
determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City or the District, the Contractor shall assemble the work product
and put same in order for proper filing and closing and deliver said product to City or
the District. In the event of termination, the Contractor shall be paid for work performed
to the termination date; however, the total shall not exceed the lump sum fee payable
under paragraph 4. The City Manager/Executive Manager shall make the final
determination as to the portions of tasks completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City or the District
5 rev. 03/22/99
. ,
must be asserted as part of the contract process as set forth in this agreement and not
in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City or the District, it may be considered fraud
and the Contractor may be subject to criminal prosecution. The Contractor
acknowledges that California Government Code sections 12650 et sea., the False
Claims Act, 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
the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject
the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented to act as a Contractor on any public work or improvement for a period of
up to five years. The Contractor acknowledges debarment by another jurisdiction is
grounds for the City of Carlsbad or the Carlsbad Municipal Water District to disqualify
the Contractor from the selection process.
The provisions of Carlsbad Municipal Code sections
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
m& -(Initial)
13. JURISDICTION WJ
Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is San
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:
Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City or the District. Contractor shall be under control of
the City and the District only as to the result to be accomplished, but shall consult with
the City and the District as provided for in the request for proposal. The persons used
by the Contractor to provide services under this agreement shall not be considered
employees of the City or the District for any purposes whatsoever.
The Contractor is an independent Contractor of the City and the District. The
payment made to the Contractor pursuant to the contract shall be the full and complete
compensation to which the Contractor is entitled. The City and the District shall not
make any federal or state tax withholdings on behalf of the Contractor or its employees
or subcontractors. The City and the District shall not be required to pay any workers’
compensation insurance or unemployment contributions on behalf of the Contractor or
its employees or subcontractors. The Contractor agrees to indemnify the City and the
District within 30 days for any tax, retirement contribution, social security, overtime
payment, unemployment payment or workers’ compensation payment which the City
and the District may be required to make on behalf of the Contractor or any employee
or subcontractor of the Contractor for work done under this agreement or such
indemnification amount may be deducted by the City and the District from any balance
owing to the Contractor.
rev. 03/22/99
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City or the District will provide copies of the approved plans to any other
agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City and the District, whether the work for which they
are made be executed or not. In the event this contract is terminated, all documents,
plans, specifications, drawings, reports, and studies shall be delivered forthwith to the
City or the District. Contractor shall have the right to make one (1) copy of the plans for
its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and District and hereby agrees to
relinquish all claims to such copyrights in favor of City and District.
8 rev. 03/22/99
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and the
Carlsbad Municipal Water District and its officers, officials, employees and volunteers
from and against all claims, damages, losses and expenses including attorney 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 directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City and the District.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City and the
District 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
contract shall create any contractual relationship between any subcontractor of
Contractor and the City or the District. The Contractor shall bind every subcontractor
and every subcontractor of a subcontractor by the terms of this contract applicable to
Contractor’s work unless specifically noted to the contrary in the subcontract in question
approved in writing by the City or the District.
9 rev. 03/22/99
1 .
21. PROHIBITED INTEREST
No official of the City or the District who is authorized in such capacity on behalf
of the City or the District to negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of this agreement, shall become directly or
indirectly interested personally in this contract or in any part thereof. No officer or
employee of the City or the District who is authorized in such capacity and on behalf of
the City or the District to exercise any executive, supervisory, or similar functions in
connection with the performance of this contract shall become directly or indirectly
interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City or the District, either before, during or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained nor entitle the
Contractor to any additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
10 rev. 03/22/99
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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-W” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/General
Counsel or City Manager/Executive Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
11 rev. 03/22/99
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single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City/District). $1 ,OOO,OOO combined single-limit per accident
for bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City and the Carlsbad Municipal Water District shall be named
as additional insureds on all policies excluding Workers’ Compensation and
Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
12 rev. 03/22/99
I.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
13 rev. 03/22/99
4
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City/District and on behalf of the Contractor in connection
with the foregoing are as follows:
For City/District: Title William E. Plummer. P.E.. District Enaineer
Name Carlsbad Municipal Water District
Address 5950 El Camino Real
Carlsbad. California 92008
For Contractor: Title Garv J. Hobson. Senior Enaineer
Name Kennecv/Jenks. Consultants
Address 2151 Michelson Drive. Suite 100
Irvine. California 92612-I 311
Architect/License Number: 40779
Architect/License Number.
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
14 rev. 03/22/99
.
discharge is sought.
Executed by Contractor this b rf% day of #&??L
CONTRACTOR: KENNEDY/JENKS CONSULTANTS, a California corporation (name of Contractor)
ByDdl) &? (sign he;e) ATTEST:
DAVID D. iiEIL’[dEDy
(print name/title) ’ ’ ALl?fhA L.&&l4TE@RANZ
KA2 Ci Clerk N R. KUNDTZ, Assistant City Clerk
(print name/title)
CARLSBAD MUNICIPAL WATER ‘DISTRICT, a Public Agency organized under the Municipal Water Act of 191 I,
MATTHEW HALL, Vice President
ATTEST:
KAREN R. KUNDTZ, Assistant Secretary
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
(if signed by an individual partner, the partnership must attach a statement of partnership authorizing the
partner to execute this instrument.)
APPROVED AS TO’FORM:
RONALD R. BALL City my/General Counsel -
BY L\cict=lat City Attorney/ Assistant General Counsel
CMWD 92-406 mm*
15 rev. 03/22/99
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STATE OF CALIFORNIA 1
COUNTYOF F& &F&I’0
1 ss.
j
personally appeared Ml//b 3. j&d&??!kf + 2bvwia R. h?b&w
NAME(S) OF SIGNER(S)
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) #/are subscribed to the within instrument and acknowledged to me that &&e/they executed the same in
hi&t&heir authorized capacity(ies), and that by hi&i&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.
SIGNA?!JRE OF NCJI‘ARY Y (This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 92-496
06/l 4195 Rev.
EXHIBIT A
SCOPE OF WORK
FOR FOUR TRENCHLESS
TECHNOLOGY PROJECTS
I. E&&ground On Four Projects
SOUTH AGUA HEDIONDA SEWER REACH SAH3
1. The Carlsbad Municipal Water District (District) is designing the South Agua He&o&a sewer force main and influent gravity pipeline referred to as Reach SAID. The lift station site
shonn on khiiit B is one of two sites proposed for a lift station. It is proposed that trenchless
technology be used to avoid permanent and temporary disturbance of protected vegetation. The
lift station site is located on the east side of Macario Canyon. The proposed alignment of the
influent gravity sewer from the lift station site is also shown on E.xhibit 8. The force main could
take any one of three possible alignments. These alignments are shown on Exhibit C.
INTERSTATE 5 16” WATER PIPE LWE CROSSING
2. The District is designing a water line under the Interstate 5 Freeway. Three alternative plans
were described uoder project 9 l-103. These alignments are shown as E.xhiiit D. The property on the east side of Interstate 5 is developed and the street pattern is shown on Exhibit D, however
the streets shown on the west side of Interstate 5 were never built. The proposed street pattern
for the development on the west side of I-5 is now shown as Exhibit E.
FOREST AVENUE 8” GRAVITY SEWER PIPE LINE
3. The District is designing a gravity sewer to eliminate the Forest Sewer Lift Station. District staff did some preliminary work on the elimination of this lift station under project 96303.
Three sheets of tbt preliminaty work are shown as Exhiiit F. The information shown must be verified, but the general concept for the elimination of the litt station calls for the installation of
an t-inch gravity sewer pipe line. Three alternative routes are identikd. There may be one
additional route that needs to be investigated. This route will be identified during the walk
through with the selected cculsultant.
FOXES LANDING LIFT STATION SEWER FORCE MAIN
4. The District is designing a force main for the Foxes Landing Sewer Lift Station. The lift
station force main was constructed in 1963 of 12” cast iron pipe. The force main was later
crossed over hy Iderstate 5. The new force main would be under the Interstate 5 Freeway and its
approximate length would be 100’.
II. Work to Be Perfomxd by Consultant
A. SOUTH AGUA HEDIONDA SEWER REACH SAH3
1. Determine the feasbility of installing a 24” gravity sewer pipe line using trenchless technology
from the proposed Iift station site to the right-of-way of Cannon Road. The gravity sewer line in
Cannon Road is sd at elevation 3.0. The Cannon Road plans are avaiIable in the District office
for review.
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2.
3.
4.
5.
6.
7.
8.
9.
B.
1.
2.
3.
4.
5.
C.
1.
2.
3.
4.
Determine the feasibility of installing an 18” force main using trenchless technology from the
proposed lift station site along alignments 1,2, and 3 shown on Eshibit C. From the end of
alignments I, 2 or 3 conventional open trench methods will be used to complete the force main
construction. The- total force main length will be approximately 4,800 feet. As much as 2550’
may be installed by using trenchless technology. The force main was previously designed as City
of Carlsbad drawing 294-1s and the plans are available in the District office for review.
Prepare a preliminary design report including plan and profile drawings for the entire force
main and the size and location of the jacking and receiving pit. Three different force main
alignments will be required, one each for alignments 1,2 and 3. Prepare a plan and profile for
the gravity sewer reach of the project and size and location of the jacking and receiving pit.
Prepare a constmction cost estimate to perform a single trenchless technology method (if
feasible) for both the gravity sewer and force main in one mobilization to the site. Include and
show cost variations for force main alignments 1,2 and 3.
Prepare construction cost estimates to perform hvo different trenchless technology methods, one
each for the gravity sewer and force main in separate mobilisations to the site. Include and show
cost variations for force main alignments 1,2 and 3.
Identify easement widths and locations, acquisition process, and time to acquire easements for
the project.
Provide a preliminary schedule for duration of the construction
Estimate construction costs, any additional permits required, and duration of the construction
using conventional open trench methods.
Compare costs and related factors of trenchless technology versus conventional open trench
methods and make a recommendation on which method to use for construction.
l-NTERSTATE 5 16” WATER PIPE LJNE CROSSING
Determine the feasibility of installing a 16” water line using trencbless technology from the east
side of Interstate 5 to the west side of Interstate 5. The water line in Piovana Court top of pipe
elevation is set at elevation 28.0. The Piovana Court plans are available in the District office for
review.
Prepare a preliminaty design report including plan and protile drawings and the size and location
of the jacking and receiving pit.
Prepare a cost estimate to construct the water line.
Identify easement widths and locations, acquisition process, and time to acquire easements for
the project.
Provide a preliminary schedule for duration of the construction.
FOREST AVENUE 8”GRAVTT-Y SEWER PIPE LINE
Determine the feasibility of installing an 8” gravity sewer line using trenchless technology from
the existing lift station site to an existing gravity sewer system The District studied an
alignment to discharge the gravity sewer from the lift station to Monroe Street. The gravity
sewer line entering the lift station on Forest Street is set at elevation 144.8. The lti station and
collection system plans are available in the District office for review.
Prepare a preliminary design report including plan and profile drawings for the gravity sewer and
size and location of the jacking and receiving pit.
Prepare a cost estimates to construct the gravity sewer.
Identify easement widths and locations, acquisition process, and time to acquire easements for
the project
5. Provide a preliminary schedule for duration of the construction.
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D. FOXES LANDING SEWER LIFT STATION FORCE MAIN
I. Determine tbe feasibiliq of installing a I2 or 16” force main using trenchless technology from
the existing lift station site to its discharge point on the west side of Interstate 5. The lift station
and collection system plans are available in the District offtce for review.
2. Prepare a preliminary design report including plan and profile drawings for the force main and
size and location of the jacking and receiving pit.
3. Prepare a cost estimates to construct the force main.
4. Identify easement widths and locations, acquisition process. and time to acquire easements for
the project.
5. Provide a preliminary schedule for duration of the construction.
RI. General Requirements
I. The Consultant will have 60 calendar days to perform the preliminary designs for the three
projects. The anticipated timing for the selection process is outlined:
STEP DATE
Request For Proposals Issued 2/S/99
Consultants Submit Proposals 318199
Committee Reviews Proposals and Selects 3115199
Consultant
City Council Awards Contract
Consultant Begins Work Upon Execution of
Contract
3130199
4112199
2. Provide a detailed schedule on Microsoft Project for approval prior to the Consultant
begimling work.
3. The Consultant shall provide the preliminary design reports at the 100% submittal. Include
11” x 17” sheets of the plan and profiles using 1”= 100’ scale. Provide one engineer’s
estimate for each project (total of 4 estimates) along with the report.
4. The Consultant shall visit the three project locations with a designated person from the
District within 10 days after the Notice to Proceed has been given. A total of 4 meetings
shall be included in the Consultant’s proposal. The site visit will count as 1 meeting. The
Consultant~s Project Engineer shall call the District’s Project Engineer bi-weekly for a
status on the project progress.
5. Five signed copies of each 100% preliminary design report (total of 15 copies) shall be
submitted to the District for approval. Include 1 copy and 1 digital copy of each plan and
profile sheet in Version 14 Autocadd format.
6. Provide four separate proposal items, one for each preliminary design report.
IV. Proposal Requirements:
1. hrclude information on the person(s) who will be performing the wok their availability,
resumes, and previous experience.
2. Describe the firm’s understanding of the work to be performed.
3. Describe the method of approach and discuss the work that the firm will be performing.
Include a schedule to perform the work. Enclosed is a sample agreement to be used for the
contract. This is provided for the firms’ review. Consultant shall note any changes to the
agreement in their proposal.
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:J
The District is not responsible for the costs in developing the proposal. Upon selection and
successful negotiations Gth a Consultant, a standard professional services agreement will be
submitted for execution. Upon execution by the District, the Consultant will be authorized to
proceed.
CORPORATE SECRETARY’S CERTIFICATE
AUTHORIZATIONS TO SIGN PROFESSIONAL SERVICES AGREEMENTS & CONTRACTS
I, Donald R. Weiden, Corporate Secretary of Kennedy/Jenks Consultants, Inc., hereby
certify that the following Resolution was adopted by the Board of Directors of this
Corporation on 9 October 1990:
RESOLVED, that this Corporation does hereby authorize each Officer,
and any employee who is designated in writing by the President, to
sign proposals and enter into agreements for professional services and
general business purposes (excluding leases and the borrowing of
funds), on behalf of this Corporation.
CERTIFIED:
/-
Dated iz &zfL /9w
Donald R. Weiden
Corporate Secretary
Kennedy/Jenks Consultants, Inc.
[Corporate Seal]
RESOLUTION NO. 99-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR APPROVAL AND
EXECUTION FOR ENGINEERING DESIGN SERVICES FOR
FOUR TRENCHLESS TECHNOLOGY PROJECTS-SOUTH
AGUA HEDIONDA REACH SAH3; INTERSTATE 5, 16-INCH
WATER PIPELINE CROSSING; FOREST AVENUE 8- INCH
GRAVITY SEWER PIPELINE; AND FOXES LANDING
SEWER LIFT STATION FORCE MAIN-CMWD PROJECT 92-
406, CONTRACT NOS. 35831.36591.34951. AND 36561
WHEREAS, the City Council of the City of Carlsbad, California, has determined it is
necessary and in the public interest to enter into a three part agreement on file in the City
Clerk’s Office between Kennedy/Jenks Consultants, the Carlsbad Municipal Water District,
and the City of Carlsbad for preliminary engineering’design services for water and sewer ~
pipelines for the South Agua Hedionda Reach SAH3 l-&inch ‘Force .Main and 24-,inch
Gravity Sewer Pipeline; Interstate 5, 16-Inch Water P,ipeline Crossing; Forest Avenue 8-Inch ,.. .
Gravity Sewer Pipeline; and Foxes Landing Sewer Lift Station Force Main; CMWD Project
No. 92-406, Contract Nos. 35831,36591,34951, and 36561; and
WHEREAS, the City Council of the City of Carlsbad, California, approves and
authorizes the execution of the three party agreement for preliminary engineering design
services for an 18-inch force main and 24-inch gravity sewer pipeline and an 8-inch gravity
sewer pipeline and a IZinch sewer force main; and
WHEREAS, the District requested proposals for the preliminary engineering design
services for the water and sewer pipelines and received three proposals; and
WHEREAS, the District engineering staff reviewed the proposals and recommends
the proposal received from Kennedy/Jenks Consultants, Inc. as the most responsive,
competent and fair and reasonable proposal; and
WHEREAS, the prop.osal amount of $75,480 (City’s share of the cost is $62,480 for
design services plus $7,520 for contingencies and District share of the cost is $13,000 for
design services plus $2,500 for contingencies) is available in funds appropriated in the
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1998/99 Budget for the South Agua Hedionda Interceptor Phase II, Forest Sewage Gravity
Line, the Foxes Landing Sewer Lift Station, and the Waterline-interstate 5 Crossing.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the proposal by Kennedy/Jenks Consultants with an amount of $75,480
(City’s share of the cost is $62,480 for design services plus $7,520 for contingencies and
District share of the cost is $13,000 for design services plus $2,500 for contingencies) for
preliminary design of water and sewer pipelines be accepted and approved.
3. That the Mayor, as the Representative of the City of Carlsbad, is hereby
authorized and directed to execute a three party agreement between Kennedy/Jenks
Consultants, the Carlsbad Municipal Water ‘District and the City of Carlsbad for the
preliminary engineering design services ,for water and sewer pipelines for South Agua
Hedionda Reach SAH3; Interstate 5, l&Inch Water Pipeline Crossing; Forest Avenue 8-
Inch Gravity Sewer Pipeline; and Foxes Landing Sewer Lift Station Force Main; CMWD
Project No. 92-406, Contract Nos. 35831’, 36591, 34951, and 36561.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California held on 4 th day Of May I 1999, by
the following vote to wit:
AYES Council Members Hall, Nygaard, Finnila & Kulchin
NOES: None
ABSENT: Council Member Lewis
MATT kALL, Mayor Pro Tern
ATTEST:
AL‘EfHA L. w&$NK@ Z, City Clerk -
KAREN R. KUNDTZ, Assistant City Clerk (SEAL) CMWD 92-406
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RESOLUTION NO. 1050
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL
AND EXECUTION OF AGREEMENT FOR FOUR
TRENCHLESS TECHNOLOGY PROJECTS-SOUTH AGUA
HEDIONDA SEWER REACH SAH3; INTERSTATE 5, 16-
INCH WATER PIPELINE CROSSING; FOREST AVENUE 8- INCH GRAVITY SEWER PIPELINE; AND FOXES LANDING
SEWER LIFT STATION FORCE MAIN; CMWD PROJECT
NO. 92-406, CONTRACT NOS. 35831, 36591, 34951, AND
36561
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, has determined it is necessary and in the public interest to enter into a
three part agreement on file in the City Clerk’s Office between Kennedy/Jenks Consultants, .,
the Carlsbad Municipal Water District, and the City of Carlsbad for engineering design *:
services for water and sewer pipelines for the South Agua Hedionda Reach SAH3 18-Inch
Force Main and ?4-Inch Gravity Sewer, Pipeline; Interstate 5, 16-Inch Water Pipeline
Crossing; Forest Avenue 8-Inch Gravity Sewer; and Foxes Landing Sewer Lift Station Force
Main; CMWD Project No. 92-406, Contract Nos. 35831,36591,34951 and 36561; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, approves and authorizes the execution of the three party agreement for
preliminary engineering design services for a 16-inch potable water pipeline; and
WHEREAS, the District requested proposals for the engineering design services for
the water and sewer pipelines and received three proposals; and
WHEREAS, the District engineering staff reviewed the proposals and recommends
the proposal received from Kennedy/Jenks Consultants as the most responsive, competent
and fair and reasonable proposal; and
WHEREAS, the proposal amount of $75,480 (City’s share of the cost is $62,480 for
design services plus $7,520 for contingencies and District share of the cost is $13,000 for
design services plus $2,500 for contingencies) is available in funds appropriated in the
1998/99 Budget for the South Agua Hedionda Interceptor Phase II, Forest Sewage Gravity
,
Line, the Foxes Landing Sewer Lift Station Upgrade, and the Waterline-Interstate 5
Crossing.
NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the proposal by Kennedy/Jenks Consultants with an amount of $75,480
(City’s share of the cost is $62,480 for design services plus $7,520 for contingencies and
District’s share of the cost is $13,000 for design services plus $2,500 for contingencies) for
preliminary design of water and sewer pipelines be accepted and approved.
3. That the President, as the Representative of the Carlsbad Municipal Water
District, is authorized and directed to execute a three party agreement between
Kennedy/Jenks Consultants and the Carlsbad Municipal Water, District and the City of
Carlsbad for the preliminary engineering designservices for water and sewer pipelines for
South Agua Hedionda Reach SAH3; Interstate 5, 16-Inch Water Pipeline Crossing; Forest
Avenue 8-Inch Gravity Sewer Pipeline; and Foxes Landing Sewer Lift Station Forcemain;
CMWD Project No. 92-406, Contract Nos. 35831,36591,34951 and 36561.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District of Carlsbad, California held on 4 th day of
May , 1999, by the following vote to wit:
AYES: Board Members Hall, Nygaard, Finnila & Kulchin
NOES: None
ABSENT: Board Member Lewis
CMWD 92-406
May 12,1999
Kennedy/Jen ks, Consultants
Attn: Gary J. Hobson, Sr. Engineer
2151 Michelson Dr., Suite 100
Irvine, CA 92612-I 311
DESIGN SEf$ViCliS AGREEMENT - TRENCHLESS PROJECTS
i CONiR$tt$NOS. 35831,36591,34951 AND 36561, ‘_
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,1720, and Resolution No. 99-156 and Resolution No. 1050. These
documents went before the City Council and the Water District Board on May 4,
1999, when the Resolutions were adopted. These actions approved the
agreement with your company for the above referenced contract numbers..
Also enclosed is one fully executed original agreement for your files.
If you have questions concerning the contract please contact Mr. William
Plummer, in the Carlsbad Municipal Water District, at (760) 438-2722,
extension 7126.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 a9