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HomeMy WebLinkAbout2000-09-12; City Council; 15913; Vista Carlsbad Interceptor Sewer‘, c ’ CITY OF CAFKSBAD - AGENDA BILL 45# 15!913 TITLE’ APPROVAL OF PLANS AND SPECIFICATIONS, AUTlORlZATlON TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION VlTG. 9/l 2/00 OF VISTAKARLSBAD INTERCEPTOR SEWER REACHES VCSB THROUGH VCllA, CMWD PROJECT NO. 91-403, PROJECT NO. 3182, THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT NO. 3528 AND PAVEMENT DEPT. ENG OVERLAY PROJECT NO. 3667, APPROVAL OF CONSTRUCTION PERIOD FOR CONSULTING SERVICES AND APPROPRIATION OF FUNDS RECOMMENDED ACTION: DEPT. HD.1 - G CITY Al-W. 1 CITY MGR.q Adopt Resolution No. 2000 - 30 j approving plans and specifications, authorization to advertise for bids for the construction of the Vista/Carlsbad Interceptor Sewer Reaches VC5B through VC1 IA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667, and Appropriation of Funds. Adopt Resolution No. 2000 - 302 approving an agreement with John Powell & Associates for construction management and inspection services for the VistalCarlsbad Interceptor Sewer Reaches VC5B through VC1 IA, CMWD Project No. 91-403, Project No. 3f82, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667. Adopt Resolution No. 2000 - 30 3 approving Extension and Amendment No. 1 with Katz & Associates, Inc., to provide community relations and construction support services for Vista/Carlsbad Interceptor Sewer Reaches VC5B to VCIIA, CMWD Project No. 91-403, Project Nos. 3182 and the South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667. Adopt Resolution No. 2000 - ,304 approving an agreement with Malcolm-Pirnie, Inc., to provide construction assistance services for the Vista/Carlsbad Interceptor Sewer Reaches VCSB to VC1 IA, CMWD Project No. 91-403, Project No. 3182, and the South Carlsbad Village Storm Drain, Project No. 3528; and Pavement Overlay, Project No. 3667. ITEM EXPLANATION: PR’JECT OVERVIEW AND SCHEDULE This project replaces Reaches VCSB through VCllA of the Vista/Carlsbad Interceptor Sewer, constructs a sewer reach along Chestnut Avenue, constructs the South Carlsbad Village Storm Drain, and an asphalt pavement overlay on Jefferson Street, Oak Avenue, Chestnut Avenue, and Harding Street. The schedule for the construction phase of the project includes the following milestones: 1) Advertise for construction bids in September 2000, 2) Award construction contract by January of 2001, 3) Pre-construction meeting in January 2001, 4) Process material submittals and production of pipe from January to March 2001, 5) Contractor mobilization to the site and start construction between March and May 2001, 6) Construction complete in early 2003. Sewer Reaches VCSB through VCllA of the interceptor sewer include 36-inch to 54-inch diameter pipelines in Jefferson Street from Las Flores Drive south to Oak Street, Oak Street from Jefferson Street to the railroad right-of-way and south in the railroad right-of-way from Oak Avenue to the lagoon (see Exhibit 1). The interceptor sewer is jointly owned by the Cities of Carlsbad and Vista. The existing sewer interceptor pipeline and manholes have been severely corroded due to hydrogen sulfide, and the daily flow rate now exceeds pipeline design capacity. The existing sewer interceptor pipeline will be abandoned along this reach. Staff recommends proceeding with the proposed construction to replace the interceptor sewer to meet capacity requirements and preclude potential pipeline failure resulting from corrosion. I : I Page 2 of Agenda Bill No. 13 -,913 The portion of the interceptor sewer project in Jefferson Street and Oak Avenue will be advertised for microtunneling only. To minimize costs, the interceptor sewer within the railroad right-of-way will be advertised for either microtunneling or open trench, with the exception that Tamarack Avenue will be crossed using microtunneling or pipe jacking. The sewer component of the project also includes construction of a sewer in Chestnut Avenue from the railroad right-of-way to Harding Avenue. Installation of this section of sewer will relieve the over capacity collector sewer in Harding Street and transport wastewater collected east of Interstate 5 directly to the interceptor sewer in the railroad right-of-way. Storm Drain The South Carlsbad Village Storm Drain Project includes installation of approximately 12,200 lineal feet of 18-inch to 84-inch diameter storm drain pipeline. The South Carlsbad Village Storm Drain extends along Oak Street from Roosevelt Street to the railroad right-of-way, along Harding Street from Oak Avenue to Magnolia Avenue, Chestnut Avenue from Harding to the railroad right-of-way, along the railroad right-of-way from Oak Avenue to Agua Hedionda Lagoon and small sections between Harding and Interstate 5 on Oak Avenue, Pine Avenue, Palm Avenue, and Magnolia Avenue (see Exhibit 1). In an effort to minimize construction impacts, staff recommends proceeding with construction of the South Carlsbad Village Storm Drain in conjunction with Reaches VCSB through VC1 IA of the Vista/Carlsbad Interceptor Sewer. Pavement Overlav The contract documents include a pavement overlay of Jefferson Street, Oak Street (west of Jefferson Street), Harding Street and Chestnut Avenue (see Exhibit 2). The pavement overlay will restore the roadway surfacing which will eliminate any evidence of the pipeline installation efforts. APPROVAL OF PLANS AND SPECIFICATIONS. APPROPRIATION OF FUNDS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION Construction is anticipated to require approximately four hundred and sixty (460) working days from the date of issuance of the Notice to Proceed. In accordance with Section 3.28.080 of the Municipal Code, an Invitation to Bid will be published, and the contract will be awarded to the lowest, responsive, responsible bidder as selected by the City Council. Staff recommends approval of the project plans and specifications, appropriation of additional funds and authorization to advertise the project for construction bids. APPROVAL OF AN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES To ensure adequate staffing with the specialized technical expertise required to manage and inspect the extensive microtunneling portion of work to be performed on this project it is recommended that the construction management and inspection for the entire project be performed utilizing consultant services. The City requested proposals from four consulting firms with the ability to provide this expertise. They were John Powell & Associates (JPA), Haley & Aldrich (H&A), UCM, and Malcolm Pirnie. During the process of putting together the best team at the most economical rate, it became apparent that JPA staff supplemented by H&A staff provides the City with this ideal team. 3 I Page 3 of Agenda Bill No. I -I;,9 I3 The consultant team includes one full-time project manager and inspectors from JPA and a full-time microtunneling inspector and part-time microtunneling engineer from H&A. The subject contract is on an “as-needed” basis. APPROVAL OF EXTENSION AND AMENDMENT NO. 1 TO AN AGREEMENT FOR COMMUNITY RELATIONS AND CONSTRUCTION SUPPORT SERVICES Katz and Associates, Inc., original scope of services included a combination of professional community relations and construction support services for reaches VCSB to VC9 of the Interceptor Sewer. The term of the original agreement was three years. Since the original contract was approved in March 1998, the City has significantly expanded the project to include Reaches VC10 and VC1 IA of the Interceptor Sewer and the South Carlsbad Village Storm Drain. This agenda bill requests approval of Extension and Amendment No. 1 to address the expanded project area and the pending expiration date of the original agreement. Residents, businesses and traffic will be directly impacted by the construction activity. Noise and traffic impacts will be experienced throughout the areas adjacent to construction. To mitigate the impacts during construction, it will be important to communicate project messages to the businesses and residents in the area. Katz & Associates provides a thorough and creative approach to establishing a positive, mutually beneficial relationship between the community and the City staff. Katz & Associates will provide a combination of public/media relations services during construction including the following: 1. 2. 3. 4. Newsletters (for community distribution). 5. Community relations support. 6. Elected official briefings. 7. Progress reports (K&A progress). 8. Public liaison (construction hotline management). 9. Media relations activities/press releases (construction). 10. Informational materials (project data). 11. Meetings (community coordination). 12. Community open houses. 13. Construction meetings (meetings with the contractors). 14. Crisis communication plan. 15. Overall community relations and construction management services. Media relations/press releases. Meeting attendance (coordination with design engineers). Maintaining/updating a contact list of the local community-resident and business organizations. APPROVAL OF AN AGREEMENT FOR CONSTRUCTION ASSISTANCE SERVICES A Request for Proposal was requested and received to provide construction assistance services for the Vista/Carlsbad Interceptor Sewer Replacement and the South Carlsbad Village Storm Drain. Staff recommends contracting with Malcolm-Pirnie for construction assistance services for this project based upon their familiarity with the project and their excellent qualifications. The City previously contracted with Malcolm-Pirnie for construction assistance services for the Vista/Carlsbad Interceptor Sewer Replacement Project, Reaches VC5 to VC9. This original contract was terminated. The contract attached hereto represents an expanded and comprehensive scope of work covering the Vista/Carlsbad Interceptor Sewer Replacement Project, Reaches VCSB to VC1 IA and the South Carlsbad Village Storm Drain Projects. 3 : I Page 4 of Agenda Bill No. 15 ,I 9 13 The construction assistance services will include the following: 1. Pre-advertisement assistance. 2. Preparation of addenda. 3. Attend pre-construction/construction meetings. 4. Submittal review and response. 5. Request for information response. 6. Record drawings. FISCAL IMPACT: PROJECT OVERVIEW The total estimated cost associated with the combined project is approximately $23.8 million. A breakdown of the combined project is summarized in Table 1. TABLE 1 The following is a summary of the cost for each project component. Sewer Funds in the amount of $10,734,339 have been appropriated for the Vista/Carlsbad Interceptor Sewer, of which $9,020,839 is available. For the Vista/Carlsbad (V/C) portion of the sewer project, the total estimated construction phase cost is $10,509,934. In addition to the engineer’s estimated construction cost the construction phase includes a 10% construction contingency, a 2.4% construction period staff overhead allocation, a 5.6% inspection services allocation, a $93,414 allocation for public relations, and a $103,240 allocation for construction assistance services. A breakdown of the cost is summarized in Table 2. For the Chestnut Avenue portion of the sewer project the total estimated construction phase cost is $702,020. In addition to the engineer’s estimated construction cost the construction phase includes a 10% construction contingency, a 2.4% construction period staff overhead allocation, a 5.6% inspection services allocation, a $6,174 allocation for public relations, and a $17,707 allocation for construction assistance services. A breakdown of the cost is summarized in Table 3. 4 : , Page 5 of Agenda Bill No. 1s I 9 1 3 Staff proposes the following for the additional appropriations required to fully fund the sewer components of the project: 1. Appropriation of an additional $1,489,095 from the Sewer Connection fund for the Vista/Carlsbad portion of the sewer project. 2. Appropriation of an additional $702,020 from the Sewer Replacement fund for the Chestnut Avenue portion of the sewer project. TABLE 2 TABLE 3 Carlsbad will be fronting the cost of construction for the VistaEarlsbad Interceptor sewer and the Vista Sanitation District will reimburse Carlsbad in accordance with the agreement on joint ownership and the results of the pending arbitration regarding the use of microtunneling construction methods. For the VC5B to VC8 reaches of the sewer interceptor, the Vista Sanitation District is responsible for 72.7% and Carlsbad is responsible for 27.3% of the cost based on open trench construction methods. In addition to the open trench cost sharing, the City of Carlsbad and the Vista Sanitation District have agreed to share in the additional costs resulting from the use of the microtunneling construction method for reaches VCSB through VC8. The allocation of the additional costs associated with microtunneling will be determined by arbitration. For the VC9 to VCllA reaches of the sewer interceptor, the Vista Sanitation District is responsible for 62.7% of the cost and the City of Carlsbad is responsible for 37.3% of the cost. 5 ,’ , Page 6 of Agenda Bill No. ! j! 9 1.3 It is estimated that the Vista Sanitation District will contribute approximately $5,500,000 to pay for their share of the project costs. Reimbursement payments will be-processed during the construction phase of the project. Storm Drain Funds in the amount of $10,500,000 have been appropriated for the South Carlsbad Village Storm Drain, of which $9,860,464 is available. The total estimated construction phase cost is $9,679,527. In addition to the engineer’s estimated construction cost, the construction phase includes a 10% construction contingency, a 2.4% construction period staff overhead allocation, a 5.6% inspection services allocation, a $63,072 allocation for public relations, and a $110,221 allocation for construction assistance services. No additional appropriations are requested. A breakdown of the cost is summarized in Table 4. TABLE 4 Pavement Overlay Funds in the amount of $1,200,000 have been appropriated for pavement management associated with this project and are available. The total estimated cost of the collector sewer component of the project is $551,966. In addition to the engineer’s estimated construction cost, the construction phase includes a 10% construction contingency, a 2.4% construction period staff overhead allocation, a 5.6% inspection services allocation, a $3,320 allocation for public relations, and a $14,755 allocation for construction assistance services. No additional appropriations are requested. A breakdown of the cost is summarized in Table 5. TABLE 5 Page 7 of Agenda Bill No. ,5,w ENVIRONMENTAL IMPACTS: The Planning Commission issued a Negative Declaration for the Vista Carlsbad Interceptor Sewer Replacement, Reaches VC5B to VC9 on February 13, 1998. The Planning Commission issued a Mitigated Negative Declaration for the Vista/Carlsbad Interceptor Sewer Replacement, Reaches VC10 to VC1 IA, and the South Carlsbad Village Storm Drain on September 15, 1998. The financing, bidding, and construction of the project would not create any additional environmental impacts that have not otherwise been evaluated and considered during the issuance of the documents noted above. In addition to these environmental documents, the following additional permits have been acquired for construction of the project: 1. California Coastal Commission permit number 9-99-88 issued on January 7, 2000. 2. California Regional Water Quality Control Board 401 waiver issued on 1 O/8/99. 3. United States Army Corps of Engineers permit number 982006900 issued on June 26,200O. 4. California Regional Water Quality Control Board Permit for Groundwater Discharge issued on September 28, 1999. 5. Encina Special Purpose Wastewater Discharge Permit No. 98-SPI issued on September 1, 1998. 6. State Department of Transportation Encroachment Permit No. 1 I-99-NDM0254 issued June 11,1999. EXHIBITS: 1. Location Map, Vista/Carlsbad Interceptor Sewer Replacement, Reaches VC5B through VC1 IA, CMWD 91-403 and South Carlsbad Village Storm Drain Projects, City Project Nos. 3182 and 3528. 2. Location Map, Pavement Overlay Project, City Project No. 3667 3. Resolution No. 2000 - 30 1 approving plans and specifications, authorization to advertise for bids for the construction of the Vista/Carlsbad Interceptor Sewer Reaches VC5B through VCIIA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667, and appropriation of funds. 4. Resolution No. 2000 - 30a approving an agreement with John Powell & Associates for construction management and inspection services for the VistaKarlsbad Interceptor Sewer Reaches VC5B through VC1 IA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667. 5. Agreement for Consultant Construction Management and Inspection Services between the City of Carlsbad and John Powell & Associates. -7 Page 8 of Agenda Bill No. ,s,w3 6. Resolution No. 2000 -303 for approval of Extension and Amendment No. 1 from Katz & Associates, Inc., to provide community relations and construction support services for Vista/Carlsbad Interceptor Sewer Reaches VC5B to VC1 IA, CMWD Project No. 91403, Project No. 3182, and the South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667 7. Extension and Amendment No. 1 for the Agreement between the City of Carlsbad and Katz & Associates. 8. Resolution No. 2000 -3oL) for approval of the contract with Malcolm-Pirnie, Inc., to provide construction assistance services for the Vista/Carlsbad Interceptor Sewer Reaches VC5B to VCllA, CMWD Project No. 91-403, Project No. 3182, and the South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667 9. Professional Services Agreement between Malcolm-Pirnie, Inc., and the City of Carlsbad. EEE CRIZNG LOCATION MAP LEGEND - PRIIPOSED SEWER PROPOSED STORM DRAIN EXISTING SEWER Project name I VISTA / CARLSBAD INTERCEPTER SEWER CMWD EXHIBIT REPLACEMENT PROJECT #91-403 #l LOCATION MAP Voject nme : CONTRACT EXHIBIT PAVEMENT OVERLAY # 3667 #2 I I ’ II RESOLUTION NO. 2ooo-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE VISTAKARLSBAD INTERCEPTOR SEWER REACHES VCSB THROUGH VCllA, CMWD PROJECT NO. 91-403, PROJECT NO. 3182, SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528, AND PAVEMENT OVERLAY, PROJECT NO. 3667 AND APPROPRIATION OF FUNDS. 8 WHEREAS, the City Council of the City of Carlsbad, California has determined it 9 necessary and in the public interest to approve plans and specifications, to appropriate funds, 10 and to authorize publishing an advertisement for bids for the construction of VistalCarlsbad 11 Interceptor Sewer Reaches VCSB through VCllA, CMWD Project No. 91-403, Contract No. 12 3182; South Carlsbad Village Storm Drain, Contract No. 3528; and Pavement Overlay, Contract 13 No. 3667; and 14 WHEREAS, funds in the amount of $10,734,339 have been appropriated for the 15 VistalCarlsbad Interceptor Sewer and the Chestnut Avenue Sewer, of which $9,020,839 is 16 available for the construction phase, and the total estimated construction phase cost is 17 $11,211,954, and therefore additional funds in the amount $1,489,095 from the Sewer 18 Connection for the VistaKarlsbad Sewer component of the project and $702,020 from the Sewer 19 Replacement fund for the Chestnut Avenue Sewer component of the project are requested for 2o construction of this project; and 21 WHEREAS, the sewer is jointly owned by the Cities of Vista and Carlsbad and the cost 22 will be shared as follows: For the VC5B to VC8 reaches of the Interceptor Sewer the City of 23 Carlsbad is responsible for 27.3% of the cost based on open trench construction methods plus a 24 portion of the additional cost resulting from the use of microtunneling construction methods and 25 Vista is responsible for 72.7% of the cost based on open trench construction methods plus the 26 remaining portion of the additional cost resulting from the use microtunneling construction 27 methods. For the VC9 to VCllA reaches of the Sewer Interceptor the City of Carlsbad is 28 responsible for 37.3% of the cost and Vista is responsible for 62.7 of the cost; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, funds in the amount of $10,500,000 have been appropriated for the South Carlsbad Village Storm Drain, of which $9,860,464 is available for the construction phase, and the total estimated construction phase cost is $9,679,527 and, therefore, there are sufficient funds available for construction of this project; and WHEREAS, funds in the amount of $1,200,000 have been appropriated for the Pavement Overlay and $1,200,000 are available for the construction phase, and the total estimated construction phase cost is $551,966 and, therefore, there are sufficient funds available for the project; and WHEREAS, plans and specifications for the Vista/Carlsbad Interceptor Sewer Reaches VCSB through VCllA, CMWD Project 91-403, Contract 3182; South Carlsbad Village Storm Drain, Contract No. 3528; and Pavement Overlay, Contract No. 3667 have been prepared by the engineering staff and are available in the Engineering Department; and WHEREAS, authorization is hereby granted by the City Council to publish an Invitation to Bid in accordance with Section 3.28.080 of the Municipal Code; and WHEREAS, the Contractor and the City of Carlsbad will enter into a contract for construction of the project; and WHEREAS, based on the EIA Part II and approved Negative Declaration for the project’s Coastal Development Permit 98-07 for Reaches VCSB to VC9 of the Vista/Carlsbad Interceptor Sewer, this project was described in the Negative Declaration as within its scope; and there will be no additional significant effect, not analyzed therein; and that no new or additional mitigation measures or alternatives are required; therefore no new environmental document is required; and WHEREAS, based on the EIA Part II and approved Negative Declaration for the project’s Coastal Development Permit 99-51 for Reaches VC10 and VCllA of the VistaKarlsbad Interceptor Sewer and the South Carlsbad Village Storm Drain, this project was described in the Mitigated Negative Declaration as within its scope; and there will be no additional significant effect, not analyzed therein; and that no new or additional mitigation measures or alternatives are required; therefore no new environmental document is required. 4 5 6 7 8 9 10 11 12 13 14 15 NOW, THEREFORE, 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 plans and specifications and cost estimate submitted by the engineering staff which are on file with the Engineering Department are incorporated herein by reference and are accepted. 3. That the authorization to publish an Invitation to Bid in accordance with Section 3.28.080 of the Municipal Code is granted. 4. That the Contractor and the City of Carlsbad will enter into a contract for construction of the project. 5. That the Finance Director is authorized to appropriate an additional $1,489,095 from the Sewer Connection fund for the VistaKarlsbad Sewer component of the project. 6. That the Finance Director is authorized to appropriate an additional $702,020 from the Sewer Replacement fund for the Chestnut Avenue Sewer component of the project. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 17 held on the wit: 26th day of September 9 2000 by the following vote, to 18 19 20 21 22 23 24 26 27 28 AYES: Council Members Lewis, Finnila, Nygaard and Kulchin CLAUDti.m$, M&k-~ (SEAL) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2ooo-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH JOHN POWELL & ASSOCIATES FOR THE CONSTRUCTION MANAGEMENT AND INSPECTION OF THE VISTAKARLSBAD INTERCEPTOR SEWER REACHES VCSB THROUGH VCllA, CMWD PROJECT NO. 91-403, PROJECT NO. 3182, SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528, AND PAVEMENT OVERLAY. PROJECT NO. 3667. WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable, and in the public interest to enter into a contract for as-needed construction management and inspection services; and WHEREAS, proposals have been solicited to perform construction management and inspection services from qualified engineering firms; and WHEREAS, John Powell & Associates was selected as the most qualified firm to perform these services; and WHEREAS, appropriated funds in the amount of $22,272,418 are available for construction of the projects and the cost for construction management and inspection services is $1 ,OOO,OOO, therefore there are sufficient funds available; and WHEREAS, the project costs associated with the Interceptor Sewer are jointly shared with the City of Vista in accordance with the joint ownership agreement dated July 18, 1966. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: /I/ I// Ill Ill /I/ iI/ /II 1. That the above recitations are true and correct. 2 3 2. That the agreement with John Powell & Associates for providing construction management and inspection services is hereby approved and the Mayor is authorized and directed to execute said agreement. 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 6 7 held on the wit: 26th day of September I 2000 by the following vote, to 8 AYES: Council Members Lewis, Finnila, Nygaard and Kulchin. 10 11 12 13 ATTEST: 14 15 _ /L-l+ 0 ( / ~U&fL )7&$7X&- LORMNE k$! WOOD, City Clerk 16 17 16 19 20 21 22 23 24 25 26 27 28 (SEAL) AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the 6th day of October I 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and John Powell & Associates, Inc., a Corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of an Engineering Contractor to provide the necessary Construction Management and Inspection services for the VistalCarlsbad Interceptor Sewer and South Carlsbad Village Storm Drain Project; 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 To Perform Construction Management and Inspection services. The Public Works Manager, Construction Management and Inspection Division, shall determine the personnel classification as listed on Exhibit “A” and approve all personnel providing these services 2. CITY OBLIGATIONS The City shall supply the Contractor with the Plans, Specifications and other available information within the City records that may be necessary to Contractor to perform the requested services. -l- rev. 6/l /OO 3. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed on a time a material basis, in accordance with Exhibit “A”, shall not to exceed $1 ,OOO,OOO. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, “Changes in Work “. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 4. DURATION OF CONTRACT This agreement shall extend for a period of Three years from date thereof. The contract may be extended by the City Manager for One 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. 5. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 6. 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 -2- rev. 6/l /OO 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. 7. 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. a. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 9. 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 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 Public Works Director. -3- rev. 6/l /OO The Public Works Director 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. 10. 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 seq., 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 seeks -4- rev. 6/l /OO 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 City project 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. lb@-- (Initial) (Initial) The provisio s 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. e (Initial) (Initial) 11. JURISDICTION The 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. 12. 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 -5- rev. 6/l/00 .’ . 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. 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. 13. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all final reports 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. Contractor agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Contractor. 14. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, -6- rev. 6/l/00 al 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, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. -7- rev. 6/l/00 15. 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. 16. 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. 17. 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. -8- rev. 6/l /OO 18. 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. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, “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. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 21. 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. 22. 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 -9- rev. 6/l/00 property which may arise out of or in connection with performance of the work hereunder by the contractor, its 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraoes and Limits. Contractor shall maintain the types of coverages 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’s work for the City). $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 !$1,000,000 per claim. Coverage -lO- rev. 6/l /OO 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 shall be named as an additional insured 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. 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. -ll- rev. 6/l/00 23. 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: For Contractor: Title: William E. Plummer Title \\ ; CC Ro i. &A+ Name: Deputv City Enoineer Name hwr~fick 6?QfcQ Address: 1635 Faradav Avenue Carlsbad. CA 92008 24. BUSINESS LICENSE Address: 1% GJ\& hat rlp\o -.% F[nc:n:+Fa. IA 9&&1J, Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. I / / I I I //I /I/ //I I// Ill //I //I //I //I I// //I -12- rev. 6/l/00 25. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. 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. Executed by Contractor this LY+b dayof 8btUs~ ,20&O CONTRACTOR: L\hh m - PO~~\OI \ (print name/title) ATTEST: . (sign here) By: (print name/title) Janice Breitenfeld, Deputy City Clerk (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 the officer(s) signing to bind the corporation.) AS TO FORM: BALL, City Attorney BY: 1 Depu y City Attorney -13- rev. 6/l /OO EXHIBIT “A” CONSULTANT RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal John Powell, P.E. $139.00 Project Director Lawrence Pierce, P.E. Raymond Henn $130.00 Microtunnel Engineer $109.00 Gregory Raines, P.E. i Construction Manager Mark Sullivan, P.E. $90.00 Microtunnel Inspector Rick Wright, P.E. $82.00 Construction Inspector John Klimuszko $61.00 Rates to include transportation, cellular phone, and lap top computers and printers. Stipulated hourly rates are in effect for the term of this contract and shall be paid for all hours worked including overtime. A 3.5% increase to above hourly rates will become effective beginning July 1, 2001. n:\tb\rates\3-82-095 rate.doc - 3 t.. \ \ RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF JOHN POWELL & ASSOCIATES, INC. A California Corporation The undersigned, being the only members of the Board of Directors of John Powell & Associates, Inc., A California Corporation, do by this writing, consent to take the following actions and adopt the following Resolutions without ,a formal meeting of the Board: Be it resolved that: John M. Powell, in his capacity as President, has the authority to contractually commit the corporation without prior knowledge, consent or action of the Board of Directors. We direct that this consent by filed with the Minutes of the proceedings of the Board of Directors of the corporation. This unanimous written consent is executed pursuant to section 307(c) of the Corporations Code of the State of California, U.S.A., and the Bylaws of the corporation, which authorize the taking of action by the Board of Directors by written unanimous consent without a meeting. . Dated: c/7/95 Dated: 6-/y /9 5- Dated: celzl - ” ~ALL+‘URPOSE ACKNOWLEDGMENT I l -*~e-*~*~a-e-e-*-*-a-o~~-e~e~*-e~~ 1 0 State of California I County of +SL 0 D iQGC> ss. l I On Ajl\ur+dq J00a before me, &-&A M IY\aol~ c . t l (DA-W ’ (NOTARYjL I personally appeared )bh, M. &LA,\ SIGNER(S) ersonally known to me - OR- c] proved to me on the basis of satisfactory i I l I 0 I l I l I l I l I l I 0 I l I 0 I l I a I a I a I l I l I 0 I ? NOTARY FULLIC~ CALliGRNlA 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. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unautborized document. CAPACM CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT cl INDIVIDUAL q CORPORATE OFFICER cl Cl cl Cl cl TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IE.9) OTHER i I 0 I l I 0 I 0 I l I .* I l I 0 I a I 0 I a I l I l I l I a I 0 I 0 I l I a I l I a I 9 l 0e.e. l -*~e-~-*~e~e~e-e~~-@-mwe~~-* MA l/94 VALLEY-SIERRA, 800-362-3369 31 . i i i KEEP FOR YOUR RECORDS BUSWESS TAX RECEIPT BUS.NO. 1204001 DATE PAID 03/29/2000 cis.160 EMP 50.00 TOTAL 0.00 TAXES PAID IN ACCORDANCE WlTH Cll-f BUSINESS TAX ORDINANCE Cl-l-Y OF CARLSBAD af~~~~~~#~~~~.~~~~~~~,~~~~, ..: L+..;f~ &&.>;!.: :;T<j ..: ,..;:.T. kc. I “=rt% ,,,.. I . . . _ :...$+;: I.~,~.;.::::.~~~~~~~:~ 1. .::.; .._* -...,,;; ’ . ;$,3 j *~~~C~~~~~~~~.~~~~~~~~.~~~~~~~~~~~,~~~,~~~,~'~~~~~~~~~.;~~~~~~~~~..~... t i*r 6 I “<>I, \~;'Lbj'i~s~), .'j ) *’ 2-e. * ;.;,=,.. ,‘i ". .') . . . . '..,,.':'.,: ..! ,. ; , :~~~.?'~~?:,-sji:r~~,,~...~,,~,,,.,,., ;,,., t: -7:: ':'*:':.;:.c";'.-" ':I 'Y,' -‘: .I ' ,. %. -, 1 . h \'l.,L.,.i ,,, ( . ..., <'? ;. '_C -:.r- :..F .'.. I i&.7,;. _ .-..-,'...'iz-. :. .;;,k;:.‘.:, . .w; ..+,pz,;;i;jd .;,*t' z -' ':%i:~ -‘z-.s-. .G" =.y';; .L' "::-$.y.g g&? .~~~~j~~~ :::I:.~..:;~,~~~~::::,~,~~~ .:,, \ ~,:I',;;,, . .,i.- :',;,;. ';': I . . . . . . ', : .;' . -. ;y.~'::.y.'. F<-;s-."-.-.:*T,~ ,( _..-_-,. &??$~~~-~: .: ::":, 5.;-,<,~:~.L.,.\~,. .,~,~:~;~.',,T, ,,<;r.\';:. ,-FI,I.?-,,.~:~.....vi~~, I-..$,, .,_ '.+:. ,, y; ',> .,,': .,? ','<T, ,. I., 1 t-. , : .;.i ,, , .~:.'-‘:~:':‘:.y;j: ,' :.:;;+..:i:' i",'. . ‘ : :, ,.:_ : :e ..A-.-*. I'... * Y ., ". 33 II RESOLUTION NO. 2000-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF EXTENSION AND AMENDMENT NO. I WITH KATZ & ASSOCIATES, INC., TO PROVIDE COMMUNITY RELATIONS AND CONSTRUCTION SUPPORT SERVICES FOR VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC5B THROUGH VC1 IA, CMWD PROJECT NO. 91-403, PROJECT NO. 3182, SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528, AND PAVEMENT OVERLAY. PROJECT NO. 3867. 7 WHEREAS, the City Council of the City of Carlsbad, California has determined it 6 necessary and in the public interest for approval and acceptance of Extension and Amendment 9 No. I from Katz & Associates to provide additional community relations and construction support 10 services for Vista/Carlsbad Interceptor Sewer Reaches VC5B to VCIlA and South Carisbad II Village Storm Drain; City Project Nos. 3182 and 3528, CMWD Project No. 9-l-403; and 12 WHEREAS, appropriated funds in the amount of $22,272,418 are available for I3 construction of the projects and the cost for Extension and Amendment No. I is $72,245, 14 therefore there are sufficient funds available; and 15 WHEREAS, the project costs associated with the Interceptor Sewer are jointly shared 16 with the City of Vista in accordance with the joint ownership agreement dated July 18, 1966. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ,6 California, as follows: 1. 19 That the above recitations are true and correct. 2. That the attached Extension and Amendment No. I between Katz & Associates, 20 Incorporated and the City of Carlsbad be approved and accepted. 21 Ill 22 Ill 23 Ill 24 ill 25 III 26 iI/ 26 ill 1 2 3 4 5 6 6 16 16 23 25 26 27 28 - That the Mayor is authorized and directed to execute the proposed Extension and Amendment No. I between Katz & Associates, Incorporated and the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 2000 by the following vote, to until Members Lewis, Finnila, Nygaard and Kulchin (SEAL) EXTENSION AND AMENDMENT NO.1 TO AGREEMENT This Amendment is entered into and effective as of the 2nd day Of October , 2000, amending the agreement dated March 12, 1998 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and KATZ & ASSOCIATES, INC, a Nevada corporation, hereinafter referred to as, “Contractor” to provide community relations services and the implementation of a public affairs program to support the design and construction of the Vista/Carlsbad Interceptor . Sewer and the South Carlsbad Village Storm Drain Projects, City Project Nos. 3182 and 3528, CMWD Project No. 91-403. RECITALS WHEREAS, the City and Contractor desire to extend the term of the agreement dated March 12, 1998, which has a term of three years, for a period of one year ending on March 12,2002; and WHEREAS, the initial agreement, dated March 12, 1998 identified a scope of work for to provide community relations services and the implementation of a public affairs program to support the design and construction of the VistaKarlsbad Interceptor Sewer and the South Carlsbad Village Storm Drain Projects, City Project Nos. 3182 and 3528, CMWD Project No. 91-403; and WHEREAS, the parties to this aforementioned agreement desire to alter the scope to allow Contractor to provide additional community relations and public affairs program services described in Exhibit “A” Scope of Work attached hereto and 9/l 1 I96 made a part hereof; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of Services and Fee; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. The term of the agreement shall end on March 12,2002. 2. Contractor shall provide services as outlined on the attached Exhibit “A”. 3. City shall pay Contractor for all work associated with Paragraph 2 above, on a time and materials basis not-to-exceed $67,870. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. All other provisions of the aforementioned agreement entered into on March 12, 1998, by and between City and Contractor shall remain in full force and effect. 9/l 1 I96 5. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work for the extension period. Acknowledged and Accepted: CONTRACTOR: KATZ & ASSOCIATES, a Nevada Corporation By: (sign here) October 2, 2000 DATE (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 the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: 9/I I/96 State of California > ) ss. County of SanDiego ) On August 3 1.2000 (date) before me, Sally Bvrd, Notarv Public (name and title “Notary Public”), personally appeared Sara M. Katz (name of signer[s]) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - - - ---- SALLY BYRD Commission # 1 x)8988 Notory Public - Coliiania 9 _ Son Dii Ccmty (Seal of Notary) 5. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work for the extension period. Acknowledged and Accepted: CONTRACTOR: KATZ &ASSOCIATES, a Nevada Corporation (name af Contractor) By: (sign here) - (print name/title) Jh cYAnhi&; &w (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: CLAUDE A. LEWIS, Mayor A-l-t-EST: LORRAINE M. WOOD City Clerk DATE (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 the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney 9/l l/96 - Description of Profmional Services EXHIBIT A Katz IX Associates Following is a dtiption of pro&ssional se&es that Katz & Associates will provide for the VWCarlsbad Xntccceptor Scwez Replacement Project to coincide with the revised budget recently submitted Desien Tukl Media Relacio~ kafk two news xdawes tegarding praject milestones agreed upon by the project team. Distribute and follow up with ti zepor,texx Conduct up to two one-on-one project lxi&gs with identif& local repwkra to provide a personal and comprehensive ovewiew on the project in an efFort to establish a solid foundation. Task2 Pmject Team Meedng Attendance Katz& Aasociatcs’ projectmanager~d.whcnnecessaay, assistant project mamga will attend three meetings with DistxictstaSto discuss rtrategy and discuss project dekerabks aadIormilcstwworfk~~ideartified by DiictstSand/ormembezs oftheproject Task3 ConuactSpedl&ations~tance Kstz&Associadba’projsctmansgawill~~duptotwomertiagsd\aingthe designphase withstaftand cambnts es apppkte to discuss conununity issuea as they relate to design elcmentsoftheproj~ lnputandstrategywillbeoffmd. Task4 Gmmmfqfny Our team wiii develop, mamtam ad cuntiuuaJly update a comprchemive database of the comm~es~bythispject Thed&3basewills4+casthecomerstonefarall -0ndissemiaation T&5 Infbrmadan Matetlals Development To communkateinkmation about the project to couuxumity stakeholders, sev4 collateral matuials will be developed and distributed to targeted audieaw~. These mate&Is in&de a projectfi~shecttbat~~tbcavffall~jcct’spurpostand necd,timeline,ba&s, im~ts,mitigationm- and ok pertinent details; a map that Outlines the pmject alignment throughout the comma a slide presentation to use during the qeakers burem program (when more factsare availabIe~ and &play boards, if necessaq, to complement community premtation iofbrmatioa. Task6 Speaker5 Bureau Program During the design piuse, up to 18 qeakcrs bureau preseutatious will be coordinakd. This includes identi&ing target organizations, schcdulii and following up, confimation of and staf5ng of pxescntations, me&g tlocumntatioa and follow up. Drafting suggested spaking points and a spcakms review session arc also included under this task. DMiptianofscmiacs Kat&kAsm&ta mP1 Task 7 Elected OfMafs Briefings To ensure cumilt project information is disseminated to elected officials, Katz & Associetes will prcpart fix and attend two council mectirgs andfo~ separate brielkgs at agreed-upon milestones with District stafC Task8 prolect Inf~don une A project infonnstion line will be established to provide a separate and focused means of commticatiioa for&c C&bad community. The line will k established, maintained and regularly checked. Follow up with callers will be partnered with District staff. Dazumentation of all calls and the nature of the inquty fl be documented and distriied tcdhtrictstatfona~arbasia Task9 cliit PWeam strategy Meet&s Ia?emaI stcatcgy metings with the project twrn - ntwsmy to ensure .exccUeat service is being rendered, rnaxiah quality assurance md cnsm s&gent xwmagcment of the budget. This time is also alhWed fbr client-consultant discusions regarding the project.. Task 10 Gmswctbn Signage Concept s Development Ashcard4rom~~resideats~aCityCo\mci)mtttin&ourtcamwiUbeginta develop ways to bestpxcxIuce siguage &rou&out the business areas to effectMy w~~~~~onrelatedimgsots,suchashneclosuns,d~~ TaSkI1 cotsuucdonNotices UptoAOaatjceswiube~o~arsd~~to~~~~tyaadbusincss mcrnbeisto~~&~~ti~about~~t~~n~~n~such~~ cosst~&onwill be in the are?, hr how long and what cousidcrations should be managed. Task 12 Sipage ikhlopment and Dkwibution Production and distniiou of signage is covcxcd under task 12. (Please see task 10 for xcfixence.) Task13 ckmrnm@Newsletters Sewn editions of aprojectncwslettcr a be drafkd, designed and distributed to community manbclsonthemasterda~ ThenewslettelswillproYidcongoingatuiregular infiiation about ccmstmction milestonea, offta answers to wmmonly asked qucstio~~ and o&r umtact information far conrmuslity ixyliIies. Tkk14 Gnnmunity lnventq Efforts will support the continuation of task 4. (Please see task 4 for refcrwoce.) Task 15 ho= Rep- To ensure the pro&t team is cuzrent on project activities and deliverables, a project report will be d&W. The rcpc& will also be included iu each bill& invoice subtiacd Description dSaks KakaAati -2 Task 16 Project Infomatbn Lfne EEotts will support the continuation of task 8. (Please see task 8 for reference.) Task 17 Media ReIatkuts Dmfhptosixnews relascsreg8rdlng const~~tio~ project milestones and progress a3 agreed upon by the project team. Distrbutc and follow up with news reportas. Conduct up to kur one-onae project bridin~s with identified hx%l reporters to provide apersonal and wmprelaensive overview on the project in an cfkt to maintain a solid foundation. Task18 k&ormadon Material5 TO ccmux&cate i&&nation about the project to comxnuni~ stakehold- several cohtcral matetials will be developed anddistributed to targeM audiaces. ‘I&c mate&h include six, two-sided fact sheets that de&ii ctment project infonnatioa The fkct sheets will be 8uitributed at all wmmuni~ prtxamions, opea houses and to infixmation line callers. Other materials in&de aa updated map of the project alignment developed to &strate mea pmgqss and completia a project brochure that provides a compzehcnsivc look attheovemUpject;reviscd~~oareuuuks; a~~Iapocketbrochuref&onstwtioci wdcm to hand to community members who may approachthan with questions. The ~et~issrrmallbut~~~ofpoject~~aadcontadiaformatjon Ta& 19 SW--program hpiaetheumstnrction~upta5Ospcakctsbrrnauprrscntatiansvviuk,coordinattb This inch&s ida&i&ing~~os, s&&i snd following up, confkmakn of auui stnafbg of prc3entationq m#itios documentation ad fdlovf up- nsk 20 conunw-operlt.?ouses TO provide a casuaI set&g that allows xnunbcrs of the community to interact with District andCi~~abordthe~ject,upbfburopenhauseswiUk=coordinatodatimpottant projtct milestoucs and presented in in- ways that ZklIow for intezaction with the public. Ei’B Pr@ect cons- Meetfngs . ‘projectmanagerwUattendup to sixmeetingsduringtheconst~~ction ph8Se wit& staffad oonsultauts as appropriate to discuss conummity issues as&y Aate to awtrwtionissues and elements ofthe project, Input and strategy will be OM Ta6k22 Gkk Qmmunkations Plan Development A crisis c~n~~~tmications plan wiU be doveloped as a caution against any ,unforeseen events that may CUXUT, such as iz$ury to a cons&u&on worker, burst of a water OT other pipeline, sewage leak and other unexpected ckcumstan~. How to implement the plan is included but hll execution is not included ia this scope of WOdL Task23 Community Relations/ Ch~~tn~ctlon Management Support oveall maDBgesllcnf athi suppott of the project includhg xnanagemenx of chall~ges inherent h consaructionptajeds, such as special briefings with community groups, additional Wtity liaison suppoxt, strategy development in support of activisr activities and othcx Descziptkm of Sewices Katz& Associa :i mF3 = z . z < f = z C = c C . , . . . 5 : ; : ;1 c ; : : 3 : , 6 t ) < 4 c b c c ’ : c .! .f C .! :< d r Y- , . .I 5 b'; i .! I I- I I 1 .! ;j : ! t .! , 1 E . I . I \ , ‘i . ;: I \ I \ I , I *C I : i II E : .I . 1 , r; ., I c ) : 1 ; c 7 i I : : f i I i . r c L 2: I ’ 4 I j d 1 .! : l I ’ I 7 I .i I b :C ; 1 k { I I 1 ; : j r I j I I tl : 1 : ! : ’ t :* 9 ! L : c : < 2 3 : : 3 , . : : : P , : : j ( \ ’ : - 103’ ,3 1st . t-4 WC : , I .i : I , ! r! J .! 1 ‘I : 1 I ’ ” I L I ; I 1 I -j / 7 1 r I r I I- I , -4 c r i rl ) c I : ;r t 6 : / I r ; c I 1 ? I 7 4 i I ( i i I -* I D 1 I P; : ! i I T Y I : L I I I I / I : \ I L I : : : F ; : I i / : : 4 ~ 1 7 ’ i : 1 i ~ d c , I ‘i / i ;i 4 7 tl I ~ f 4 i I < : : , : 1 ; _I i : I : 1 \ : > : b : > .‘ a ;‘ : ; !. I I - I I f I : , I f- 1 I / I I I , I I k I c P c ) . 1 . r 1 i ; , / : C ; . r ’ : 7 ; ; 3 3 5 ! : : ? i ; s ; 5 . < 4 4 : 1 1 a 5 i : : z 3 i ! : : ! i : 2 5 ) ; ! z i : 2 : 3 ; 3 1 I 3 x 2 4 - !! ! ” ’ RESOLUTION NO. 2000-304 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF CONTRACT WITH MALCOLM-PIRNIE, INC., TO PROVIDE CONSTRUCTION ASSISTANCE SERVICES FOR VISTAKARLSBAD INTERCEPTOR SEWER REACHES VC5B THROUGH VC1 IA, CMWD PROJECT NO. 91-403, PROJECT NO. 3182, SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528, AND PAVEMENT OVERLAY, PROJECT NO. 3667. WHEREAS, a Request for Proposal was requested and received to provide construction assistance services for the Vista/Carlsbad Interceptor Sewer Replacement and the South Carlsbad Village Storm Drain; and WHEREAS, the City Council of the City of Car&bad, California, has determined it necessary and in the public interest for approval and acceptance of an agreement with Malcolm-Pirnie, Inc., for construction assistance services for this project based upon their familiarity with the project and their excellent qualifications; and WHEREAS, appropriated funds in the amount of $22,272,418 are available for construction of the projects and the cost for construction assistance services for the projects is $245,924, therefore there are sufficient funds available for this project; and WHEREAS, the project costs associated with the Interceptor Sewer are jointly shared with the City of Vista in accordance with the joint ownership agreement dated July 18, 1966. NOW, THEREFORE, 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 attached agreement between Malcolm-Pirnie, Inc., and the City of Carlsbad to provide construction assistance services for the VistaKarlsbad Interceptor Sewer Replacement Project, Reaches VC5B to VCllA, the Chestnut Collector Sewer and the South Carlsbad Village Storm Drain Projects be approved and accepted. /it Ill Ill /Ii Ill ww 1 3. That the Mayor is authorized and directed to execute the proposed agreement 2 between Malcolm-Pirnie, inc., and the City of Carlsbad. 3 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 26th day of September , 2000 by the following vote, to wit: 5 AYES: Council Members Lewis, Finnila, Nygaard and Kulchin 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the 4th day of October I 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Malcolm Pirnie, Inc, a Corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a Engineering Contractor to provide the necessary Post Design services for the VistaKartsbad Interceptor Sewer and South Cartsbad Village Storm Drain Project; 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 To Perform the “Scope of Services” described in Exhibit “A” attached hereto and made a part hereof. 2. CITY OBLIGATIONS The City shall issue a scope of work for each task. 3. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed on a time a material basis, in accordance with Exhibit “A”, shall not to exceed $245,924. No other compensation -l- rev. 6/l 100 for services will be allowed except those items covered by supplemental agreements per Paragraph 6, “Changes in Work “. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 4. DURATION OF CONTRACT This agreement shall extend for a period of Three years from date thereof. The contract may be extended by the City Manager for One 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. 5. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 6. 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 -2- rev. 6/l /OO Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 7. 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. 8. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 9. 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 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 Public Works Director. The Public Works Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has -3- rev. 6/ 1 /OO 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. 10. 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 seq., 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 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 -4- rev. 6/l /OO 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 City project 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. k (Initial) G#$ (Initial) 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. Jk (Initial) GW$ (Initial) 11. JURISDICTION The 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. 12. 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 Contractors 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 -5- rev. 6/l /OO 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 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. 13. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all final reports 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. Contractor agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Contractor. 14. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 -6- rev. 6/l /OO 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, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. 15. 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. 16. 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. 17. PROHIBITED INTEREST -7- rev. 6/l /OO 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. 18. 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. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, “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. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 21. 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 -8- rev. 6/l /OO 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. 22. 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, its 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. A. Coveraqes and Limits. Contractor shall maintain the types of coverages 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. -9- rev. 6/l /OO 2. Automobile Liability (if the use of an automobile is involved for contractors work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employers 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 shall be named as an additional insured 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. -lO- rev. 6/l /OO 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. -ll- rev. 6/ 1 /OO 23. 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: For Contractor: Title: William E. Plummer Title Name: Deputy Citv Enqineer Nam Address: 1635 Faraday Avenue Addr Carlsbad, CA 92008 24. BUSINESS LICENSE Contractor shall obtain and maintain a City of Cartsbad Business License for the duration of the contract. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -12- rev. 6/l/00 25. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in wriiing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 23 dayof Au(,& ,200o CONTRACTOR: CITY ATTEST: /-----WA /- (pnnt name/title) -1 L 4 KKAlNt M. WUUIJ City Clerk (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 the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: -13- rev. 6/l/00 EXHIBIT A Scope of Work - Post Design Services The following services will be provided to the City as described below on a time and material basis in accordance with the enclosed fixed-hourly rate schedule and for the not-to-exceed fee shown in the fee estimate. Bid Phase Task 510 - Project Management Manage Malcolm Pirnie and subconsultant activities related to Malcolm Pimie’s support role to the City during the 4 month bid phase period. This task includes the time required for the project manager and administrative staff to monitor budgets, review subconsultant invoices, prepare subconsultant contracts and provide copies of all correspondence to the City. Task 520 - Pre-Advertisement Assistance Provide assistance to the City during the period between submittal of contract documents and the City Council’s authorization to advertise. Task 530 - Respond to Bidders ‘Questions Respond to bidders’ questions regarding interpretation of bidding documents relative to the specifications, drawings and addenda. All MP1 correspondence and communication will be directly to the City. Task 540 - Prepare Addenda Prepare figures and specification revisions as requested by the City as needed to clarify, modify, add to, or delete information contained in the bidding documents. Task 550 - Attend Pre-Bid Meeting Attend the pre-bid meeting to assist the City in fielding questions relative to the bidding documents. A representative from Haley & Aldrich will also be present to answer questions. Construction Phase Task 610 - Project Management Manage Malcolm Pimie and subconsultant activities related to Malcolm Pirnie’s support role during construction. Project Management is necessary for the approximate 18 month duration of the project. Project Management includes the establishment of the in-house filing system to track submittals and RFI’s, subconsultant coordination, monitoring the budget, and project documentation. Task 620 -Attend Construction Meetings Attend construction meetings as requested by the City throughout the duration of construction activity. Malcolm Pimie’s attendance at weekly meetings during the construction period will allow MP1 to work proactively with the City Inspection Staff to identify and resolve issues before developing into problems that may impact the schedule and increase cost. It is assumed that weekly meeting summaries will be prepared by the City. Attendance at the pre-construction meeting is also included in this effort. 1 -. , EXHIBIT A For the purpose of this proposal preparation, it is estimated that MPI’s Project Manager will attend approximately 40 weekly meetings. In addition to the weekly meetings, Malcolm Pimie also anticipates that occasional site visits and attendance at additional meetings at the project site will be necessary as issues arise. Approximately 20 additional meetings are anticipated. Task 630 - Submittal Review and Response Review and respond to all submittals required under the Technical Specifications for Divisions 2 through 15. With the exception of the Contractor’s Baseline Schedule, it is assumed that submittals required in the Supplemental Provisions will be reviewed and responded to by the City. MP1 will perform a cursory review of the Contractor’s initial Baseline Schedule to verify that an appropriate number of tasks have been identified, their relationships and task duration. Malcolm Pimie’s response to submittals will be in letter format which will describe deficiencies in required submittal information. It has been MPI’s experience that this method of response allows for a clear, concise response which is easily reproduced for distribution. Malcolm Pimie anticipates that one copy of each submittal sent to Malcolm Pimie will be for Malcolm Pimie’s files. Additional copies for subconsultant review will be provided by Malcolm Pimie. Task 640 - Request for Information (RFI) Response Review and respond in writing to all Contractor Requests for Information (RFIs) made under the Technical Specifications for Divisions 2 through 15. Assist the District in responding to RFIs made under the Supplemental Provisions. Task 650 -Record Drawings Malcolm Pimie will develop record drawings from information received from the Construction Manager, construction contractor, and other relevant documentation and information provided to MPI. Malcolm Pimie will provide the District with a set of record drawings consisting of duplicate mylar-s of the Contract Documents, containing permanently recorded record information based on information provided by the Contractor and the Construction Manager. Malcolm Pimie will clarify the record drawings in accordance with the California Business and Profession Code, Section 6735. SPECIAL SERVICES Task 810 - Special Services This task includes additional effort which may be necessary as the project/construction develops. Services will not be performed under this task without development of a work order, fee proposal and authorization from the City. EXHIBIT A SUMMARY OF STANDARD CHARGES This document describes the basis for compensation and terms of payment. All rates presented apply to services rendered during calendar year 2000 and are subject to adjustment on January 1 of each subsequent year. In addition to these fees, clients will also be responsible for any sales or value-added taxes that may apply to engineering services performed. 1. Hourly Rates: Charges for services provided will be in accordance with the following schedule: Classification Hourlv Rate Technician 1 $ 4oihr Technician 2 47 Technician 3 57 Technician 4 74 Technician 5 81 Technician 6 99 Technician 7 113 Technician 8 135 Engineer/Scientist/Architect 1 73 Engineer/Scientist/Architect 2 83 Engineer/Scientist/Architect 3 88 Project Engineer/Scientist/Architect 4 98 Project Engineer/Scientist/Architect 5 112 Senior Project Engineer/Scientist/Architect 6 136 Associate 159 Senior Associate 177 Officer 200 Overtime - No overtime premium is charged for project work outside of normal working hours. 2. Other Direct Costs: All expenses incurred for a project, except in-house services specified below, from outside vendors will be invoiced at cost plus 10% to cover administrative expenses. These items may include, but are not limited to: shipping charges; printing; supplies; equipment; traveling expenses; special insurance; licenses; permits; or subcontractors. In-house services consist of: l Computers $9/hour for microcomputers $19ihour for CADD $40/hour for GPSX process model l Transportation $0.34/mile for automobiles $0.44/mile for 4x4 vehicles and trucks l Reproduction $O.lO/copy for standard page sized documents * Laboratory Unit prices for sample testing, handling, and storage are available for individual assignments l Equipment A schedule of usage rates for specialty equipment is available for field assignments 3. Payment: All invoices are due and payable within 30 days of billing date. Any attorney’s fees, court costs, oi other related expenses incurred in collecting delinquent accounts shall be paid by the client. Delinquent bills are subject to finance charges of 1.5% per month. E d 0 r: E : I r: ? \ c 1 c ; i E e 6 . . . - s r- Y - 5 T Y - 5 r - : - 5 - c - :: - ; - c - u : z t i (I - - ? L b tt - z v 6 Y - x c - : c - 5 - x v - : - s - ;? - z r ;i k E f E Y - : u 4 Y - 5 : Y - f? 0 :: T ft - E : (t - 5 (1 d Y - : c : Y - E 0 z Y - 3 2 Y - 3 q ft - E c Y 2! 4 i . . 4 I 1 , I , 3 II t , , i ( t < . . b t * : a t I 1 ; 1 C Project Expenses TASK 500 - BID PHASE Expense Micro-computer (1) Cadd Time (2) Drawing Reproduction (3) Xerox Copies Mylar Plots (4) Mileage Express Delivery (5) Administrative Costs (6) Misc. Costs (7) (#) See Footnotes Below Unit $/Hr. $/Hr. Ea. Ea. Ea. $/Mile LS LS LS Rate Quantity cost 9.00 38 $ 342.00 19.00 10 $ 190.00 I .25 0 $ - 0.10 0 $ - 10.00 0 $ - 0.34 0 $ - NA NA $ 75.00 NA NA $ 50.00 NA NA $ - Total $ 657.00 TASK 610 - PROJ. MNGMT. Expense Unit Rate Quantity cost EXHIBIT A Micro-computer (1) Cadd Time (2) Drawing Reproduction (3) Xerox Copies Mylar Plots (4) Mileage Express Delivery (5) Administrative Costs (6) Misc. Costs (7) (#) See Footnotes Below $/Hr. $/Hr. Ea. Ea. Ea. $/Mile LS LS LS 9.00 100 $ 900.00 19.00 0 $ - 1.25 0 $ - 0.10 0 $ - 10.00 0 $ - 0.34 0 $ - NA NA $ 250.00 NA NA $ 750.00 NA NA $ - (1) 75% of Admin. Time, 20% of Engineering (2)100% of Tech. Time (3) 24’x36” Bluelines (4) 24”x36” Mylars (5) Local Messenger, Federal Express (6) Mail, Misc. Copies, etc. (7) Photo Devel., Report Binding, Research, etc. 1 Total $ 1,900.00 08/22/2000 ConstExp.xls Project Expenses EXHIBIT A TASK 620 - CONST. MTNGS. Expense Micro-computer (1) Cadd Time (2) Drawing Reproduction (3) Xerox Copies Mylar Plots (4) Mileage Express Delivery (5) Administrative Costs (6) Misc. Costs (7) Unit $/Hr. $/Hr. Ea. Ea. Ea. $/Mile LS LS LS Rate Quantity cost 9.00 15 $ 135.00 19.00 0 $ - 1.25 0 $ - 0.10 0 $ - 10.00 0 $ - 0.34 500 $ 170.00 NA NA $ - NA NA $ 50.00 NA NA $ 200.00 Total $ 555.00 (#) See Footnotes Below TASK 630 - SUBMITTAL REVIEW Expense Unit Micro-computer (I) $/Hr. Cadd Time (2) $/Hr. Drawing Reproduction (3) Ea. Xerox Copies Ea. Mylar Plots (4) Ea. Mileage $/Mile Express Delivery (5) LS Administrative Costs (6) LS Misc. Costs (7) LS Rate Quantity cost 9.00 200 $ 1,800.OO 19.00 0 $ - 1.25 0 $ - 0.10 5000 $ 500.00 10.00 0 $ - 0.34 0 $ - NA NA $ 1,ooo.oo NA NA $ 500.00 NA NA $ - (#) See Footnotes Below Total $ 3,800.OO TASK 640 - RFl’s (1) 75% of Admin. Time, 20% of Engineering (2)100% of Tech. Time (3) 24”x36” Bluelines (4) 24”x36” Mylars (5) Local Messenger, Federal Express (6) Mail, Misc. Copies, etc. (7) Photo Devel., Report Binding, Research, etc. 2 08/22/2000 ConstExp.xls Project Expenses EXHIBIT A Expense Micro-computer (1) Cadd Time (2) Drawing Reproduction (3) Xerox Copies Mylar Plots (4) Mileage Express Delivery (5) Administrative Costs (6) Misc. Costs (7) (#) See Footnotes Below Unit $IHr. $/Hr. Ea. Ea. Ea. $/Mile LS LS LS Rate Quantity cost 9.00 a5 $ 765.00 19.00 0 $ - 1.25 0 $ - 0.10 0 $ - 10.00 0 $ - 0.34 0 $ - NA NA $ - NA NA $ 104.00 NA NA $ - Total $ 869.00 TOTAL EXPENSES $ 7.781.00 (1) 75% of Admin. Time, 20% of Engineering (2)100% of Tech. Time (3) 24”x36” Bluelines (4) 24”x36” Mylars (5) Local Messenger, Federal Express (6) Mail, Misc. Copies, etc. (7) Photo Devel., Report Binding, Research, etc. 3 08122/2000 ConstExp.xls - EXHIBIT A ’ ‘Carl’shad Municipal Water Distnr. Vista/Carlsbad Interceptor Sewer Replacement Project Reaches VCSB Through VC1 lA, and Storm Drain CMWD No. 91-403 Sect. 2 Baseline Schedule 02050 Demolition 02140 Dewatering 02220 Excavation & Backfill 02230 Crushed Stone & Gravel 02235 Stone Riprap 02306 Microtunneling 02310 Jacking & Receiving Shafts 02320/02330 Pipe Jacking/Tunneling 02340 02500 Boring & Jacking Pavement 02529 02606 02843 03100 Concrete Curbs, Gutters & Sidewalks Manholes & Drainage Structures Video Traffic Signal Detect System Concrete Formwork 03200 Concrete Reinforcement 03251 Concrete Joints 03300 Cast-In-Place Concrete 03610 Contact Grouting MPI, Haley & Aldrich Malcolm Pimie MPI, WCC Malcolm Pimie, WCC Malcolm Pimie, WCC Malcolm Pimie, WCC MPI, Haley & Aldrich MPI, Haley & Aldrich Beyaz & Patel, WCC MPI, Haley & Aldrich MPI, Haley & Aldrich Malcolm Pimie Malcolm Pimie Malcolm Pimie MPI, Dame11 & Assoc MPI, Beyaz & Pate1 MPI, Beyaz & Pate1 MPI, Beyaz & Pate1 MPI, Beyaz & Pate1 Malcolm Pimie submittals.xls Page 1 A B A A C C A A A A B C B C B B B B C 45 16 45 30 8 8 45 36 45 45 16 8 16 8 16 16 16 16 8 08/22/2000 c- -. L ?I- . ‘, NOT TRANSFERABLE ~’ BUS. NUMBER ClTy OF CARLSBAD ,p&T IN coN~PlcUoUs PLACE 1205728 . . ,“- .‘,“’ ’ eUSlNESS REGISTRATION CERTlFiCATE s: ;, : .’ ~,__: ’ I ’ .’ : ‘-DATE PAID I The Pemx firm or COlpomtim nannd bdowlr granted Ms bushess m&ate pumsnt to ttm &ilons of &a City Buine~ t.icsnra 05/15/2000 CWdhanaS to cngrga n. rrrrjon or cmdud the business Wide. cdlirg. pmforlim sxHbilon oroaupation r&au&d bsbw. trruana of Ihe c.hftzate 6 d an mdonamerl Wr Cedfeaton of mmptbn~4 with otreordi&ms or k.m. Thi lmnrsi) trruad,wlhouteriiatton thattha liie~~ais ubjxt toor exempt hum lcmrkg by tha SW of Calbmia. ‘,k. : I . .1 _ -, SIC CODE SIC DESCRIPTION ” 8999 Services, Not Elsewhere Clas@ed .BikINESS LOCATQN . .:, 1902 *RIGHT PL# 180 OWNER FIRM OR CORPORATION NAME ‘MALCOLM PIRNIE, INC. .:” p&I&T,& &. - .; FINDLEY, PAUL L ~.. 05qwxp +.__ ~‘1 i I BUSINESS NAME MAiLlNG ADDRESS ” Cti AND STATE /, ‘. 3 . . I . i .