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HomeMy WebLinkAbout1999-11-02; City Council; 15468; South Agua Hedionda Wastewater FacilitiesB# 15,468 TG. 1 l/02/99 EPT. CMWD CITY OF CARLSBAD -AGENDA BILL TITLE: TO APPROVE AN AGREEMENT WITH DEPT. H . CAMP DRESSER AND MCKEE (CDM) CONSULTANTS % TO PROVIDE FINAL ENGINEERING DESIGN SERVICES CITY All-Y - -- FOR THE SOUTH AGUA HEDIONDA REACH SAH3 WASTEWATER CONVEYANCE FACILITIES; CMWD CITY MGR PROJECT NO. 92-406 SAH3, CONTRACT NO. 35831 RECOMMENDED ACTION: Adopt Resolution No. 99-479 to approve an agreement with Camp Dresser and McKee (CDM) Consultants to provide final engineering design services for the South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities; CMWD Project No. 92-406 SAH3; Contract 35831. ITEM EXPLANATION: The South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities include a sewer lift station, dual force mains across Macario Canyon and parallel to Cannon Road, and a gravity sewer extension from Cannon Road to the lift station site. The proposed facilities are shown on Exhibit 1. The City of Carlsbad Department of Public Works has master planned the South Agua Hedionda Wastewater Conveyance Facilities and is moving forward with the final design to meet growth management objectives. The master plan called for extending the Wastewater Conveyance System to the City of Oceanside and Vista boundaries thus eliminating sewer litI stations within their service areas. The City of Oceanside has declined participation in the South Agua Hedionda system because their cost to benefit ratio is too high. The City of Vista has consented to participation in the South Agua Hedionda system and will pay their fair share cost of the system. They will also share approximately 33% of the lift station operation and maintenance cost. Proposals to prepare final design and construction engineering services were received from Brown and Caldwelll Consultants, Camp Dresser and McKee (CDM) Consultants, KennedylJenks Consultants and Malcom Pirnie. Montgomery Watson was also invited to prepare a proposal but was non-responsive. District staff reviewed the proposals received and selected the firm, Camp Dresser and McKee, as having the most responsive proposal for the work Total cost for engineering and construction of all reaches of the South Agua Hedionda Interceptor System (included as Exhibit 2) is $ 9,000,OOO. It has been determined that the City of Vista’s share for the engineering and construction portion of the South Agua Hedionda System, including Reach SAH3, will be approximately $ 3,000,OOO. The City of Vista has committed in writing to this shared amount. The cost breakdown for Reach SAH3 is $ 389,558 for design services and $ 70,790 for construction support services totaling $ 460,348. An additional $50,000 is requested for contingencies totaling $ 510,348 dollars. The funding for the final engineering services will come from the Sewer Benefit Areas collected for the South Agua Hedionda Interceptor. TABLE I Table I above, shows that there are sufficient funds available for this project. Page 2 of Agenda Bill No. 15,468 ENVIRONMENTAL REVIEW: An Environmental Impact Assessment Form along with a proposed Mitigated Negative Declaration was submitted to the Planning Department for review. It is anticipated that the Mitigative Negative Declaration will be supported since the proposed project is the least environmentally damaging to biological habitat. The anticipated final design duration is expected to be one year. No advertisement for construction will be issued until the proposed Mitigated Negative Declaration is approved and Resource Agency permits are acquired. EXHIBITS: 1. 2. 3. 4. Location Map South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities. Future South Agua Hedionda (SAH) Interceptor Sewer System Professional Services Agreement between Camp Dresser and McKee Consultants and City of Carlsbad. Resolution No. 99-479 to approve an agreement with Camp Dresser and McKee Consultants to provide final engineering design services for the South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities; CMWD Project No. 92-406 SAH3; Contract No. 35831. 2 .‘. h - LOCATION MAP PROPOSED 24’ DIAMETER GRAVITY SEWER - PROPOSED SEWER _ LIFT STATION SITE . PROPOSED 16’ DIAMETER SEWER FORCE MAIN 7 SOUTH AGUA HEDIONDA REACH SAH3 WASTEWATER CONVEYANCE FACILITIES Project Name: CCINTRACT Exhibit SOUTH AGUA HEDIUNDA WASTEWATER Non 35831 No, CONVEYANCE FACILITIES-REACH SAH3 1 3 EXHIBIT 2 I t- Y -8 . . s . t- ‘. . . % '-1 - Exhibit A SOUTH AGUA HEDIONDA REACH 3 WASTEWATER CONVEYANCE FACILITIES FEE SUMMARY Design Services Task l-Project Administration and Meetin@ Task 2-Surveying Task 3-10% Design Report Task 450% Design. Task S-90% Design Task 6-final Design Total, Design Services: Outional Services Prepare Two Bid Packages Additional Geotechnhl Investigations Construction Support Services Total, Optional Services: $24,325 19,100 WW 130,702 -._ 116,280 54311 $389,558 $3.440 7,210 .~ 60.140 $70,790 PRB:kr\\ICARSVFWRtXECllCOOPERCAFMWhlB 1011wAnT.~ Exhibit A Scope of Work Task I - Project Administration and Meetirigs 1.1 Project Administration Project administration includes budget and schedule monitoring, preparation and review of invoices, general project management through the life of the contract, and preparation of monthly status reports. 1.2 Meetings CDM will prepare for and attend six (6) project meetings. We will provide an agenda and distribute meeting minutes from each meeting. At the project kick-off meeting, the CDM Team will discuss project criteria and desired preferences with CMWD staff. Expected meetings and anticipated dates are: Kick-off Meet+,-,.. _ _ -.. - .-___ ._-. *. (-J&w 1g#-pjgg ., _ *. i . . -:<. i Interim Review during 10% Design: January 5,200O 10% Design Review: February 16,200O (after review comments are available) Interim Review during 50% Design: April 20,200O (after review comments are available) 50% Design Review: May 3,200O (after review comments are . available) 90% Design Review: July 17,200O (after review comments are available) Task 2 - Surveying 2.1 Field Stirveys In this task, the CDM Team will establish control for aerial mapping, obtain i ’ profile along access road (950 feet) to lift station site, obtain spot elevations at lift station site, obtain invert elevations at connection points to existing sewer lines. Right-Of-Way will also establish bench mark and base lines in vicinity of the lift ~ station and pipelines for use during construction. 2.2 Aerial Mapping This task involves providing aerial mapping of the lift station site, approximately 6,000 feet of 200-foot wide pipeline corridor and 950 feet of 200-foot wide access roadway corridor. Mapping shall be provided at I”-40 scale with 2’ contour intervals. CDM Camp Dresser &I McKee H I-1 Exhibit A 1 2.3 Boundary Research, Supervision, and Record Map In this task, we will add site boundaries and easement lines to topographic . mapping, supervise survey efforts, attend two meetings, and prepare record map for lift station site, pipelines, and access road. Task 3 - 10% Design Report 3.1 Peak l?low Analysis The peak flow into the lift station will be de&mined using the diurnal curve of flow r&es into the Raceway Lift Station and average daily flows from tributary areas; all provided by CMWD. Results will be shown graphically on an area map showing project features, landmarks, and roadways. 3.2 Velocity Analysis An analysis for downsizing the force main will be prepared, using present worth as the basis for comparison. The analysis shall consider use of variable frequency drive units for pumps for varying flow velocities in various pipeline sizes, startingwitha maximum diameter of 184nches. 3.3 Total Dynamic C’leadjTDH) and Capacity Analysis This task will identify TDH requirements and flows’for a dual pump operation, . considering the expected flow rates, pipeline lengths and materials. CDM will develop the system head curve. 3.4 Preliminary Pump Selections Pump selection will be from not more than three manufacturers. Catalog head-capacity curves will be shown on the system head curve, identifying pump operating points. Results will be shown for not more than three operating speeds: highest, mid-point and recommended minimum speed. 3.5 Surge Analysis The expected transient pressures will be determined using Surge 5 software. Two analyses will be made: one for the worst case (highest velocities in force main), and one for average daily flows in the recommended force main selection. Recommendations will be provided for surge control system 3.6 Force Main Detention Time Analysis Using a flow rate of l/8 the average daily flow, detention times will be reviewed for a single l&inch diameter force main Discussion will be provided regarding expected problems from lengthy detention times. CDM Camp Dresser & M&&e l-2 -' Exhibit A 3.7 Utility Source Investigations Identify project needs for electrical power, reclaimed water, potable water, and telemetry-phone lines. Contact utility company representatives to identify location of existing facilities, and preliminary routing to project site. Show results on vicinity map. * 3.8 Site and Access Road Layout Plan The site plan will show the footprint of all facilities, including the below ground lift station. Features (manholes, flow meter, access pits/caissons) necessary for pipeline installations and located on the lift station site will be shown, providing an overview of how both projects will be coordinated. The site plan will show locations of the generator (with and without an enclosing building), retaining wall, and maintenance vehicle driveways and turning movements. The access road alignment will be shown on a separate drawing. All drawings will be prepared at I”=40 foot maximum scale. 3.9 Line of Sight Study Ground profiles will be developed between the Visitor Information Center and the lift station site for-each above ground facility located at the lift station site. i .i Provide presentation drawings and cross sectional views, to include: . n Two cross-sectional views from visitors center to Lift Station, one prepared as rendering, and one prepared using computer simulation; 2 drawings n Illustrative site plan with landscape treatments~ 1 drawing H Building elevations with landscape treatments; 2 elevations, 1 drawing 3.10 Pipeline Layout Plan Pipelines will be located on topographic tipping and will be shown in plan only on topographic mapping with pertinent invert evaluations included. Connection points, air and vacuum release valve locations for the force mains, junction structure (at end of dual force mains), temporary construction access, and access pits will be shown _ 3.11 Additional Geotechnical Investigations We recommend an additional three (3) borings along the pipeline corridors be obtained to further classify soil types and groundwater elevations. The borings will be extended down to a level approximately five feet below the pipeline - invert. Boring locations will be located on the pipeline layout plan. CDM Camp Dresser&McKee - .l-3 r-- Extribit A __-_I _ 1 3.12 Submittal/Deliverables 1 Five copies of the 10% Design Report will be provided, and will include indicated ~ drawings. -. Task 4 - 50% Design . Drawings will be prepared using AutoCAD Release 14 to depict the lift station structure, lift station support facilities and appurtenances, access road layout, waterlines, and the suction and discharge pipelines. Engineering designs will be performed to size each facility, determine operating conditions, and locate pipelines. Specific project requirements identified in Section IV-General Requirements contained in the Request for Proposals will be included. A SO% Design Report will be prepared to document data, methodology, and assumptions used for the project designs. Drawings will show facilities to true scale, sufficiently detailed to show critical sizes and locations of pipes, pumps, and supporting appurtenances. Specific details for reinforcing steel, wall sections, roofing, etc. will not be shown with ,this submittal. Specifications in CSI format will be prepared for facilities not included in the Standard Specifications for Public Works Construction. Cur opinion of the probable construction cost will be prepared, using the 50% Design Drawings and Specifications. Project Considerations Provide recommendation (in pounds per day) for initial ferric chloride dosage . rate. The work includes obtaining one wastewater sample and laboratory analysis of sample to determine hydrogen sulfide concentration. The analysis of hydrogen sulfide reduction due to travel time in the sewer lines is not included. Project should be designed to have support facilities housed in a single structure, if practical. Support facilities include emergency generator, chemical storage, chemical feed pump, fuel storage, control panels, and electrical switch gear. Provide fuel storage (provided with generator base) for a 24 hour run time. Consider an outside wall mounted hoist system, capable of reaching each pump access hatch, and having sufficient lift height to place pumps and motors onto a truck bed. Consider using outside exhaust fans/ventilators for the wet well and pump room ventilation. Electrical and controls scope of work is based on utilizing drawings and specifications previously prepared for the Poinsettia Lift Station project, and modified for the SAH3 project. Loop descriptions are not included. CDM Camp Dresser &a McKee HCOOPER\CAR~WPO 14 - -_ Exhibit A Status reporting fbr the facility should include the following data: n Pump motor temperature, primary seal failure, and no flow if pump is - funning H General alarm from generator control panel . n Alarm indicating no air flow when ventilation system running I n Flow rate (from meter) m Wet well level H Additional status reporting as may be identified in the future by CMWD n APCD permit applications for odor control and the engine generator are not included. A Technical Review Committee meeting will be held to review project direction, assumptions, system methodology, and conformance to codes, standards, and regulatory requirements. Drawings, calculations, estimates, and specifications will be subject to CDM’s Quality Assurance and back checkingp;‘ocedures. - -’ -“%. ~ Expected drawings included with the 50% submittal: n General Plans l Title sheet, with vicinity and location maps; 1 sheet l General: notes, symbols, abbreviations, design criteria, survey monument data; 1 sheet n CivilPlans l Lift Station Site Plan: at 1”=20’ scale; includes surface features and crib wall; 1 sheet l Lift Station Grading Plan: at 1”=20’ scale; 1 sheet l Lift Station Yard Piping Plan: at 1”=20’ scale, includes drain lines, vent ’ piping and waterlines; 1 sheet l Lift Station Yard Piping Profiles: at 1”=20’ scale; 1 sheet l Access Road Plan and Profile: at 1”=40” scale; 1 sheet (includes waterlines) l Influent Gravity Sewer Plan and Profile: at 1”=40’ scale; 1 sheet l Force Main Plan and Profile: at 1”=40’ scale; 5 sheets l Pipeline details: 2 sheets n StructuralPlans l Structural Notes; 1 sheet l Lift Station Floor Plan, Foundation Plan, Sections; 2 sheets l Electrical and Generator Buildings: plan, foundation plan, sections; 3 sheets CDY Camp Dresser &McKee HsooP-wPo l-5 1. . Exhibit A l Pump removal system, including hatch details: 1 sheet l Crib Wall: elevation view, sections; 1 sheet l Structural Details: walls, roofing, pump and equipment pads; 2 sheets n MechanicalPlans l Ducting and Equipment for Wet Well and Pump Room; 2 sheets l Pumps and Communitor Installations: plan view, sections; 3 sheets l Ferrous Chloride Facility: plan and piping: 1 sheet . Mechanical Details: 2 sheets n AmhitectumlPlans l Lower Floor Plan: wet well, pump room; 1 sheet l Floor Plans: electrical and ferrous chloride buildings ; 1 sheet l Floor Plan: generator enclosure; 1 sheet l Roof Plans: electrical and ferrous chloride buildings; 1 sheet l Elevations: generator, electrical and ferrous chloride b&ildings: 2 sheets . Architectural Details 2 sheets m Electrical and Instrumentation Plans l Electrical notes, symbols, abbreviations: 1 sheet l Site plan, utility coordination; 1 sheet ” Generator md transfer tit&; 1 she, ,- .. . - - --L I--- *. . .._. .-.. =- . . Single Line Diagrams: 2 sheets l Lighting Plan: lift station, electrical and ferrous chloride buildings, generator: 2 sheets l Power and Signal Plan: 1 sheet l Ladder Logic Diagram: 1 sheet l Piping and Instrument Diagram: 1 sheet l Conduit and Wiring Schedule: 1 sheet l Instrumentation Details: 1 sheet l Electrical Details: 2 sheets n Sptdfications l Use “Green Book” as basis, primarily for civil and piping l Additional specifications in CSI format, using CDM standard specifications modified for project conditions, for disciplines other than civil. l ContractuaI sections (bonds, agreement, generaI conditions, instructions to bidders, etc.) will be prepared by CMWD. n Opinion of Probable Construction Cost l A construction cost estimate will be prepared using the 50% design drawings and specifications, and wiU be prepared using estimating guides, quotes from suppliers and vendors, and recent bidding information. Deliverable: 5 sets of the 50% Design Report, drawings, specifications and estimate will be provided to CMSVD. I CDM Camp Dresser h McKee HPWPD 1-6 - Task 5 - 90% Design The 50% drawings and specifications will be advanced to complete drawings and specifications, to a level suitable for bidding and construction. Review comments to the 50% submittal will be addressed and incorporated i&o the drawings and specifications. The construction cost estimate will be updated to-reflect the new information contained in the drawings and specifications. The previous 50% Design Report will be updated to include all new calculations, changes, methodology, and vendor information. Work will again be subject to CDM’s Quality Assurance procedures. Additional Drawings n Landscape and Irrigation Notes: 1 sheet n Landscape Plans: for lift station site -1 sheet n Irrigation Plans: for lift station site -1 sheet n Landscape and Irrigation Details - 2 sheets Deliverables: Five (5) sets of the 90% Design Report, drawings, specifications and estimate will be provided to CMSVD. Task 6 - Final Design L.. .._ I; -. .- _ The 90% Drawings and Specifications will be advanced to final drawings and specifications, plotted on mylar, signed and stamped. Review comments to the 90% submittal will be addressed and incorporated into the drawings and specifications. The construction cost estimate will be updated to reflect any changes. The previous 90% Design Report will be updated to include all new calculations, changes, methodology, and vendor information. Deliverables: Signed and stamped original drawings (on Mylar) and specifications, five (5) sets of drawing prints and specification copies (after all signatures affixed), five (5) sets of the Final Design Report and estimate will be provided to CMWD. Task 7 - Construction Support/Optional Services 7.1 Separate project into two separate bid packages: one package for the force main installation and one package for the lift station facility and influent gravity sewer pipeline. This work shall be included with construction services, and author&d by CMWD. 7.2 Provide 3 additional soil borings along pipeline corridors, publish results in letter report. I CDM Camp Dresser & McKee HXOO-DPEWPO l-7 - -, Exhibit A 7.3 Construction Support Generally consists of providing construction support services consisting of: _ n Submittal reviews. n Responding to requests for information and change orders. m Preparation of start-up and testing plan, including pumps and instruments . n Daily inspection of the construction work in progress will be provided by CMJVD. Project Schedule Presentation Drawings Presentation drawings shall be provided to CMWD by January 1,200O. Design Refer to attached project schedule. Work Provided by Carlsbad Municipal Water District 1. Legal descriptions and drawings for any additional permanent and temporary construction easements. 2. Furnish projected flow data to the Lii Station. 3. Furnish a sample drawing with District signature blocks. 4. Designate an inspector for the improvements. 5. CEQA Environmental Documentation prior to beginning final design. 6. Geotechnical Information and additional soil borings. 7. Mitigation site, plans and construction for distributed habitat. CDM Camp Dresser & McKee HsooPE 1-8 - la -s! ly I L- 0 dn .’ I h . . . , i. - I 1: 2 $i I ? I .i ‘. I J I I I I I I I I I I , , SW . ” .t 1 . J . A ‘D -. l RESOLUTION NO. 99-479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AN AGREEMENT WITH CAMP DRESSER AND MCKEE (CDM) CONSULTANTS TO PROVIDE FINAL ENGINEERING DESIGN SERVICES FOR THE SOUTH AGUA HEDIONDA REACH SAH3 WASTEWATER CONVEYANCE FACILITIES; CMWD PROJECT NO. 92-406 SAH3, CONTRACT NO. 35831. 7 WHEREAS, Requests for Proposals were requested to provide the necessary engineering 8 design services for final design and construction engineering services for the South Agua 9 Hedionda Reach SAH3 Wastewater Conveyance Facilities; CMWD Project No. 92-406 SAH3; 10 and responses were received from Brown and Caldwell, Camp Dresser and McKee (CDM) I1 Consultants, Kennedy/Jenks Consultants and Malcom Pirnie; and after review of the proposals, I2 the staff recommended Camp Dresser and McKee Consultants based on a good understanding I3 of the work to be performed and as the most responsive in meeting the objectives of the final I4 engineering design services; and 15 WHEREAS, the City Council of the City of Carlsbad, California, has determined it l6 necessary and in the public interest for approval and acceptance of a proposal from Camp I7 I6 Dresser and McKee Consultants to prepare a final design, and construction engineering services for the South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities; CMWD Project ” No. 92-406 SAH3; and 20 WHEREAS, funds in the amount of $2442,000 have been appropriated in the 1998-99 *’ budget for the South Agua Hedionda Interceptor Phase I, and the engineering design services for ** the South Agua Hedionda Reach SAH3 Wastewater Conveyance Facilities; CMWD Project No. 23 92-406 SAH3, is $460,348 plus an additional $50,000 for contingencies for a total of $510,348, 24 therefore, there are sufficient funds available for this project. 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 26 California, as follows: 27 I. That the above recitations are true and correct. 26 2. That the attached agreement between Camp Dresser and McKee (CDM) Consultants and the City of Carlsbad be approved and accepted; and . 1 2 3 4 3. That the Mayor, as representative of the City of Carlsbad, is authorized and directed to execute the proposed agreement between Camp Dresser and McKee (CDM) Consultants and the City of Carlsbad for an amount of $460,348 plus an additional $50,000 provided for contingencies for a total of $510,348. 5 6 7 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of November , 1999 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None 9 10 11 12 13 16 17 16 19 20 21 22 23 24 25 26 27 26 (SEAL) h AGREEMENT THIS AGREEMENT is made and entered into as of the ?nd day of November , 19x, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and CAMP DRESSER & MC KEE (CDM) INCORPORATED, a Massachusetts corporation , hereinafter referred to as “Contractor.” RECITALS City requires the services of an independent Contractor to provide the necessary design services for preparation of A Sewer Lift Statlon, Dual Force Mains and A Gravity Sewer Extension; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: . 1. CONTRACTOR’S OBLIGATIONS See attached Exhibit “A”. 2. CITY OBLIGATIONS The City shall provide plat maps and legal descriptions for any additional permanent and temporary construction easements. 2.1 Site Access - City shall be fully responsible for obtaining the necessary access authorizations to allow Contractor, its agents, subcontractors and representatives, to have access to all areas of public and private property as required by the Contractor in order to perform its services under this Agreement. Rev. 03/22/99 . 3. PROGRESS AND COMPLETlON 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 seven hundred thirty (730) [w&@/calendar] 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 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 Three Hundred Eighty Nine Thousand, Five Hundred Fifty Eight ($ 389,558) Dollars for design services and Seventy Thousand, Seven Hundred Ninety ( $70,790) Dollars for construction support services totaling Four Hundred Sixty Thousand, Three Hundred Forty Eight $ 460,348 Dollars. No other compensation for services will be allowed except those items covered by 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. 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 two (2) years from date thereof. The contract may be extended by the City Manager for two (2) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’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. 2 Rev. 03/22/99 - ,--. . 7. FINAL SUBMISSIONS The Contractor shall deliver to the City the following items on the specified dates: 50 % Design Submittal APR. 05,200O 90 % Design Submittal JUL. 01,200O 100 % Design Submittal AUG. 15,200O 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City 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 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 approved by the City 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 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. 3 Rev. 03/22/99 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT c In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City 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 all work in progress to the Deputy City Englneer. The Deputy City Engineer 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, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. 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 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 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, 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 4 Rev. 03/22/99 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 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 to disqualify the Contractor from the selection process. (Initial) tiw The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (Initi & & 13. JURISDICTION 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 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. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City 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 for any purposes whatsoever. The Contractor is an independent Contractor of the City. 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 shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. 5 Rev. 03/22/99 The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City 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 from any balance owing to the Contractor. 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. CONFORMlTY 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 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, 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. 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 hereby agrees to relinquish all claims to such copyrights in favor of City. 6 Rev. 03/22/99 . ., 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. 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 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. 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. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City 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 who is authorized in such capacity and on behalf of the City 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. 7 Rev. 03/22/99 h 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, 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. 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-V and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. Rev. 03/22/99 C A. Coverage’s and Limits. Contractor shall maintain. the types of coverage’s and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined 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% work for the City). $l,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 $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. 6. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 9 Rev. 03/22/99 h 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: FOR CITY Title Deoutv Citv Enaineer Name William E. Plummer. F Address 5950 FI C&$,no Real . , Citv. State Carlsbadl;alrfnmla 97008 FOR CONTRACTOR Title Princioal Name Jeff MQncreif Address Oaks Wav. Ste. 300 . . Citv. State Carlsbad. Aldlll~Number: 39783 (b-j 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 discharge is sought. III /II 10 Rev. 03/22/99 -_ 30. FORCE MAJEURE Any delays in or failure of performance by Contractor shall not constitute a default under this Agreement if such delays or failures of performance are caused by occurrences beyond the reasonable control of Contractor, including “acts of God; compliance with any order of any governmental authority; and act of war or terrorism. Executed by Contractor this dayo f CONTRACTOR: CAMP DRESSER & MC KEE, INC., a Massachusetts corporation (name of Contractor) By: Mw (sign here) n 1 1 itint name/title) &nq MJhm-hcti , Sr .Jice l+kd%f By: (sign here) G#ILET~UT~?J~KRANZ, City Clerk Karen R. Kundtz, Assistant City Clerk (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary , CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer(s) signing 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 Attorney 11 Rev. 03/22/99 CMWD 92-406SAH3 . STATE OF CALIFORNIA 1 COUNTY OF %-WV : “’ On I”/ac 14 9 beforeme, DATE u NAME AND TITL-F OFFICER personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 92-406 SAH3 06/l 4/95 Rev.