HomeMy WebLinkAbout2004-01-20; City Council; 17468; Cannon Rd lift station construction contractAB# 17,468
1. Drexel Power, Inc.
2. T. C. Construction Co.
3. Metro Builders & Engineers
4. Turboflow/Nissho lwai CorD.
MTG. 1/20/04
DEPT. ENG
Bakersfield, CA $2,910,000
Santee, CA $3,156,000
Newport Beach, CA $3,221,181
Pasadena. CA $3.620.000
ONSTRUCTION OF THE CANNON ROAD LIFT STATION AND APPROVE AGREEMENT FOR
CONSTRUCTION PHASE ENGINEERING SERVICES PROJECT NO. 3583
RECOMMENDED ACTION:
Adopt Resolution No. 2004-021 accepting bids and awarding a contract for the
construction of the Cannon Road Lift Station, Project No. 3583.
Adopt Resolution No. 2004-022 approving and authorizing an agreement with Camp Dresser and McKee Inc. to provide construction phase engineering services for the Cannon Road Lift Station, Project No. 3583.
ITEM EXPLANATION:
Construction of the Cannon Road Lift Station will complete the last remaining segment of Phase II of
the South Agua Hedionda Interceptor Sewer System. The Cannon Road Lift Station will connect to
existing collection and conveyance pipelines which have been installed during the construction of
Cannon Road. The South Agua Hedionda Interceptor (SAHI) Sewer system will provide sewerage
facilities for a portion of the City that currently sewers out of basin to the North Agua Hedionda
Interceptor Sewer and to the Vallecitos Interceptor Sewer. Construction of the Cannon Road Lift
Station will replace three existing lift stations and provides conveyance capacity for the ultimate
sewage flows for current and future development in the northeast quadrant of the City.
Construction of the Cannon Road Lift Station and the South Agua Hedionda Interceptor sewer
system is consistent with the City’s Sewer Master Plan and is necessary to meet Growth
Management objectives.
The lift station design utilizes the latest technology and incorporates redundant features to protect
the environment and provide a facility that is compatible with the adjacent neighborhood. The lift station is sized to convey the 3.2 million gallons a day (mgd) ultimate peak flow of the SAHI sewer
basin. It will consist of three pumps (one of the pumps being a back-up or stand-by pump), a
stand-by generator (to provide emergency power), chemical addition (to control odors at the force
main discharge location), dual odor control systems (to mitigate potential odors at the lift station),
and acoustical treatment to mitigate potential noise. The pumping equipment will be located below
ground and an approximately 1,500 square foot building will house all of the other mechanical
equipment referenced above. The building incorporates extensive architectural treatment and
landscaping to provide an appearance that is compatible with the adjacent neighborhood.
On July 8, 2003, the City Council approved the plans and specifications and authorized the advertisement for bids for the Cannon Road Lift Station. On September 4, 2003, the Purchasing
Department received seven (7) bids for the project. On October 7, 2003, the City Council rejected all bids and authorized the re-advertisement of the project. On December 16, 2003, the Purchasing Department received four (4) sealed bids as follows:
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The Engineer’s Estimate for the construction of the project was $3,200,000. Staff has reviewed the
bids and determined that the apparent low bid submitted by Drexel Power, Inc., was non-responsive
due to the fact that the surety company that supplied the contractor’s bid bond is not an admitted
carrier in California. Code of Civil Procedure Section 995.31 1 imposes a mandatory duty on public
agencies to verify that sureties are admitted surety insurers on all bonds (including bid bonds,
payment bonds, performance bonds, stop-notice release bonds and warranty or maintenance
bonds) required on public works contracts as defined in Public Contracts Code Section 1101.
Subsequently, staff has completed their review of the bid documents submitted by the 2nd low
bidder, T.C. Construction Company, Inc., and found them to be in order. Staff recommends that the
Council award the contract for the construction of the Cannon Road Lift Station to T.C. Construction Company, Inc.
Aureement for Construction Phase Enaineerina Services
Staff requested and received a proposal from Camp Dresser and McKee (CDM) to provide engineering services during construction of the Cannon Road Lift Station. Services range from review of shop drawings to start-up assistance of the lift station, but do not include inspection or construction management services. CDM was initially selected by the City on November 2, 1999 to provide for the planning and engineering design of this project. Since CDM prepared the final design of this project, they are most familiar with the design assumptions, specifications and operational requirements of the lift station. As a result, the Purchasing Officer has waived the requirements for solicitation of multiple proposals consistent with Carlsbad Municipal Code Section 3.28.070. Staff has negotiated a fee proposal with Camp Dresser and McKee to provide these services on a time and materials basis for an amount not-to-exceed $1 17,343. Staff recommends that the agreement with Camp Dresser and McKee be approved and authorized for execution.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration and Mitigation Monitoring Program was prepared for the project and adopted by the Planning Commission on February 19, 2003 (Planning Commission Resolution No. 5343). The Planning Commission approved a Conditional Use Permit (CUP 02-1 l), a Site Development Plan (SDP 02-17), and a Coastal Development Permit (CDP 02-22) on February 19, 2003 by Planning Commission Resolution Nos. 5344, 5356, and 5345, respectively.
FISCAL IMPACT:
Funding for this project is provided from sewer benefit area fees collected by the City from development projects, which are tributary to the South Agua Hedionda Sewer Basin. There have not been sufficient fees collected to-date, so an advance from the Sewer Replacement Fund for $5,270,000 was previously made. This advance will be repaid once sufficient fees have been collected. The estimated cost to complete this project is:
Sufficient funds are currently available in the project account for construction of the Cannon Road Lift Station. No additional appropriation is necessary.
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EXHIBITS:
1. Location Map.
2. Resolution No. 2004-021 accepting bids and awarding a contract for the construction of the Cannon Road Lift Station, Project No. 3583.
3. Resolution No. 2004-022 approving and authorizing an agreement with Camp Dresser and McKee Inc. to provide construction phase engineering services for the Cannon Road Lift Station, Project No. 3583.
Agreement with Camp Dresser and McKee Inc. for Construction Phase Engineering for the Cannon Road Lift Station, Project No. 3583. 4.
DEPARTMENT CONTACT: Terry Smith, (760) 602-2765, tsmit Bci.carlsbad.ca.us
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LOCATION MAP
PROJECT NAME CANNON ROAD LIFT STATION
NOT TO SCALE
PROJECT EXHIBIT
NUMBER 1 3583
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RESOLUTION NO. 2004-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND
AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE CANNON ROAD LIFT STATION, PROJECT NO. 3583.
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary, desirable, and in the public interest to construct the Cannon Road Lift Station,
Project No. 3583; and
WHEREAS, the Cannon Road Lift Station is included in the South Agua Hedionda
Interceptor sewer system as shown in the City’s Sewer Master Plan; and
WHEREAS, the lift station is necessary to comply with the City’s Growth Management
Plan; and
WHEREAS, on October 7,2003, the City Council of the City of Carlsbad approved plans
for the construction of the Cannon Road Lift Station, Project No. 3583; and
WHEREAS, four (4) sealed bids were received on December 16, 2003 for the project; and
WHEREAS, the lowest responsive, responsible bid for the project was submitted by
T.C. Construction Company, Inc., in the amount of $3,156,000; and
WHEREAS, subsection 3.28.1 72(c)(l) of the Carlsbad Municipal Code authorizes the
City Manager to approve change orders in an amount equal to the contingency set at the time of
bid award; and
WHEREAS, there are sufficient funds available to construct the project; and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring Program has
been adopted for Project No. 3583 by Planning Commission Resolution No. 5343, dated
February 19, 2003, as required by the California Environmental Quality Act.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That the bid of $3,156,000 submitted by T.C. Construction Company, Inc., for the
construction of the Cannon Road Lift Station, Project No. 3583, is accepted and the Mayor is
hereby authorized to execute a contract with T.C. Construction Company, Inc.
3. That the City Manager is hereby authorized to approve construction change orders
up to $31 5,600 for Project No. 3583.
4. That the award of this contract is contingent upon T.C. Construction Company,
Inc., executing the required contract and submitting the required bonds and insurance policies,
as described in the contract, within twenty (20) days of adoption of this resolution.
The City Manager may grant reasonable extensions of time.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 20th day of January , 2004 by the following vote, to wit:
Council Mezlbers Lewis, Finnila, Kulchin, Hall, and Packard /7 AYES:
ATTEST I\
CB6RAINE M. OOD, City Clerk P (SEAL)
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RESOLUTION NO. 2004-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING AN AGREEMENT WITH CAMP DRESSER AND MCKEE INC.
TO PROVIDE CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE CANNON ROAD LIFT STATION,
PROJECT NO. 3583.
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary and in the public interest to enter into an agreement between Camp Dresser and
McKee Inc., and the City of Carlsbad, California; and
WHEREAS, the contractor, Camp Dresser and McKee Inc., has worked on the planning
and design of the Cannon Road Lift Station for the past four years and is the design engineer of
record; and
WHEREAS, the contractor, Camp Dresser and McKee Inc., possesses the necessary
skills and qualifications to provide engineering support during construction of Project No. 3583;
and
WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals as
allowed by Carlsbad Municipal Code Section 3.28.070 due to Camp Dresser and McKee's unique
historical knowledge of Project No. 3583; and
WHEREAS, a mutually satisfactory fee for the contractor's engineering support services
has been negotiated between the parties, and there are sufficient funds available to cover these
services; and
WHEREAS, an agreement has been prepared and submitted hereto.
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.
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2. That the Mayor of the City of Carlsbad is authorized and directed to execute the
agreement between Camp Dresser and McKee Inc., and the City of Carlsbad for construction
Dhase engineering services for the Cannon Road Lift Station, Project No. 3583, in an amount
lot-to-exceed $1 17,343.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
neld on the 20th day of January , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Fiiinila, Kulchin, Hall, and Packard
ATTEST
/ /
, +fl.zgTL
L&R&IE M. WOOD, City Clerk (SEAL)
0
AGREEMENT FOR
CONSTRUCTION PHASE ENGINEERING FOR THE
(CAMP DRESSER & McKEE INC.)
CANNON ROAD LIFT STATION, PROJECT NO. 3583-1
7+ day of THIS AGREEMENT is made and entered into as of the 2 \
-5amuar.I , 2009, by and between the CITY OF CARLSBAD, a municipal
corporation, ("fity"), and CAMP DRESSER & McKEE INC., a Massachusetts
Corpora tion, ("Con tractor").
RECITALS
A. City requires the professional services of a civil engineer that is
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
experienced in construction engineering.
services and advice related to engineering services during construction.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be a not-to-exceed fee of one hundred seventeen thousand three hundred forty
three dollars ($1 17,343) paid on a time and materials basis. No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work andlor Services specified in Exhibit "A.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
I N DE M N I F I CAT10 N
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VI'.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
1 I. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant'to this Agreement-is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
Notwithstanding any provision to the contrary contained in this Agreement, Contractor
shall retain sole ownership to its preexisting information including but not limited to
computer programs, software, standard details, figures, templates and specifications.
Any reuse of the documents prepared by Contractor under this Agreement for other
than their specific intended purpose will be at the sole risk of the user and without
liability or legal exposure to the Contractor.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Terry L. Smith Name Wain Cooper
Title Senior Civil Engineer Title Project Manager
Dept Engineering
City of Carlsbad Address 1635 Faraday Avenue Address 1925 Palomar Oaks Way, Ste. 300
Carlsbad, CA 92008 Carlsbad, CA 92008 Phone No. (760) 602-2765 Phone No. (760) 438-7755
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment. -
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (I 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must-be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
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23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
CAMP DRESSER & McKEE INC.,
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer@) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
City Attorney Approved Version ##04.01.02
9
I7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
acted, executed the instrument.
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Xtle(s):
2 Partner - 0 Limited 0 General
7 Guardian or Conservator
Signer Is Representing:
Q 1999 National Notary Association * 9350 De Soto Ave , P.O. Box 2402 * Chatsworth, CA 91313-2402 * www nationalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827
1925 Palomar Oaks Way, Suite 300
Carlsbad, California 92008
tel: 760 438-7755
fax: 760 438-741 1
November 24,2003
Mr. Terry Smith, P.E.
Senior Civil Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Proposal for Construction Support Services
Cannon Road Lift Station
Dear Mr. Smith:
CDM is pleased to provide this proposal for Construction Support Services for the Cannon Road
Lift Station (CRLS) project. The scope of work is based on needs discussed during our recent
meetings with you, and is intended to be executed on a time-and-materials basis under a
separate contract. A detailed tabulation of costs to complete these services is attached.
UNDESTANDING AND SCOPE OF CONSTRUCTION SUPPORT SERVICES
CDM will provide construction support services for CRLS to the City of Carlsbad (the ”City”) for
the anticipated duration of the construction period: from Notice to Proceed, expected on or about
January 15,2004, through April 30,2005. It is CDMs understanding that representative(s) of the
City will be present on-site during the period of construction to conduct continuous oversight
and inspections, and to manage and prepare Contractor change orders and monthly pay
requests. As part of the construction support services for CRLS, CDM will complete the
following 5 tasks:
1. Review of SubmittaldShop Drawings - CDM and its sub-consultants will review
anticipated submittals and shop drawings, estimated to total not more than 75, as described
in the CRLS Drawings and Project Specifications. CDMs activities under this task shall
include review, coordination with sub-consultants, communication with Contractor,
coordination with City’s on-site representative, and submitting written review comments for
each submitted shop drawing. Our estimate is based on two reviews for each submittal. Our
estimated cost for this task is $32,546.
19
consulting .engineering *construction .operations
Mr. Terry Smith, P.E.
November 24,2003
Page 2
2. Response to Contractor Requests for Information (RFIs) - CDM and its sub-consultants will
log, review, and respond to Contractor RFIs for the anticipated duration of the construction
period. CDM’s activities under this task shall include coordination with sub-consultants,
communications with Contractor, and coordination with City‘s on-site representative. Our
estimate is based on the number of RFIs not exceeding 50, with the cost for this task
estimated to be $25,255.
3. Attend Weekly Progress Meetings / Site Visits - CDM and its sub-consultants will attend
up to 30 weekly progress meetings at the project jobsite to assist the City‘s representative in
its management of the Contractor and observation of the work in progress. At each meeting,
CDM will present a brief status summary of any outstanding submittals/shop drawing, RFI,
or record drawing issues. Meeting minutes will be the responsibility of the City. CDM
personnel will also provide up to eight, 4hour site visits outside of the regular progress
meetings to observe the Contractor’s work in progress, and to assist the City’s representative.
In addition, CDM shall coordinate with its sub-consultants (Gillis Architects, Moraes Pham &
Associates, and KTU+A) to have each provide two 4-hour site visits to also observe work in
progress at the jobsite. The estimated cost for this task is $22,436.
4. Start-up Assistance and Final Inspections - CDM and its electrical-mechanical sub-
consultant will provide start-up assistance and final observations of the completed work.
The start-up assistance will involve reviews of completed installations, review of contractor’s
start-up plan, and observation of lift station operations. Final observations will be performed
to assist the City in identifying ”punch-list” items, and then a follow-up visit will review
punch list items for completion. This work is generally limited to pumps, odor control
equipment, WAC systems, electrical and controls. Testing of air releases from the odor
control system is not included. The effort to witness factory testing of pumps is also
included; with expenses paid by the pump manufacturer. This task is estimated to cost
$20,854.
5. Conduct Project Management - Throughout the duration of the anticipated period of
construction, CDM will conduct routine project management activities, including
coordination with and management of sub-consultants, and preparation of invoices. CDM
will conduct conference calls on an as-needed basis with its sub-consultants, the City, and
other involved parties. The estimated cost for this task is $16,252.
20
Mr. Terry Smith, P.E.
November 24,2003
Page 3
As shown in the attached cost estimate (Table l), the cost to complete Tasks 1 through 5 shall not
exceed $117,343 without prior written authorization from the City of Carlsbad.
CDM will complete Tasks 1 through 5 as presented herein upon receipt of approval of this
proposal and a notice to proceed. If you have any questions, or would like to discuss further,
please call me anytime at 760-438-7755.
William H. Hm-ter, PE
Client Officer
Camp Dresser & McKee, Inc.
Enc
Wain Cooper, PE
Project Manager
P\City of Carlsbad-16827\30679-Lift Station\5 Comm\S.l Client\ts proposal 072103.doc
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