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HomeMy WebLinkAbout2007-02-13; City Council; 18894; Agreement approval: Sewer ProjectsCITY OF CARLSBAD - AGENDA BILL 18,894AB# MTG. 2/13/07 DEPT.ENG APPROVAL OF AGREEMENT WITH BROWN AND CALDWELL FOR THE PRELIMINARY DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION AND THE VISTA/CARLSBAD INTERCEPTOR SEWER, PROJECT NOS. 3492, 3886, AND 3949 DEPT. HEAD CITY ATTY.v CITY MGR. [// •- RECOMMENDED ACTION: Adopt Resolution No. 2007-027 approving the agreement for professional engineering services with Brown and Caldwell for the preliminary design of the Agua Hedionda Sewer Lift Station and realignment of reaches 11B through 15 of the Vista Carlsbad Interceptor Sewer System, Project Nos. 3492, 3886, and 3949. ITEM EXPLANATION: Project Background: The Vista/Carlsbad (V/C) Interceptor Sewer was constructed in 1965 and is jointly owned by the City of Vista and the City of Carlsbad. The alignment, approximately eight miles in length within the City of Carlsbad, extends from just west of College Boulevard and Highway 78 to the Encina Water Pollution Control Facility (EWPCF). There are two lift stations within the alignment, the Buena Vista Lift Station and the Agua Hedionda Lift Station. Both are maintained and operated by the Encina Wastewater Authority through a joint agreement. The system currently conveys an average daily flow of 8.5 million gallons per day (MGD) with peak wet weather flows as high as 21 MGD. Ultimate average daily flow is projected to be 12.5 MGD and peak wet weather flows are expected to reach 31 MGD. In recent years, several improvements to the upper reaches of the interceptor sewer have been completed addressing both capacity and condition issues of the system. Improvements have included pipeline and manhole rehabilitation in reaches VC1 through VC3, upgrades to the Buena Vista Lift Station, and the replacement and realignment of reaches VC5 through VC11 A. The lower reaches, including reaches 11B through 15 and the Agua Hedionda Lift Station (AHLS), have reached their useful life and have inadequate capacity for estimated future flows. This project includes the relocation and replacement of the Agua Hedionda Lift Station and the realignment of reaches VC11B through VC15. The pipeline realignment includes the replacement of the pipeline trestle crossing the Agua Hedionda Lagoon. In 2006, Brown and Caldwell was hired by the City to prepare a study to evaluate the relocation of the Agua Hedionda Lift Station and the realignment of the Vista/Carlsbad Interceptor Sewer. Brown and Caldwell was selected from a group of seven firms that submitted qualification and proposal packages received through the City's Request for Proposal (RFP) process in accordance with Carlsbad Municipal Code section 3.28.070. The study prepared by Brown and Caldwell evaluated 10 different sites for the lift station and several alternative pipeline alignments. Now that a preferred site for the lift station has been identified, the City is ready to proceed with preliminary engineering of the lift station and further refinement of the interceptor sewer alignment concept so that property and easements can be acquired, or at least space reserved from the property owner. Brown and Caldwell has submitted a proposal for the engineering services requested by staff, which has been reviewed and determined to be reasonable for the scope of services provided. It should be noted that upon completion of this phase of work in approximately six months, the City will require additional consultant services for the preparation of the final design of the lift station, interceptor sewer, and bridge across the lagoon for supporting the pipe. Preparation of environmental documents and permit assistance will also be required. A separate amendment or agreement for the additional services will be presented to the City Council at that time. FOR CITY CLERKS USE ONL Y. . COUNCIL ACTION: APPROVED M DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: The planning phase of the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15262, Feasibility and Planning Studies, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. The project will be subject to CEQA upon the selection of the alignments and a CEQA document and Notice of Determination will be processed and filed prior to adoption of the project's plan and advertisement for construction. FISCAL IMPACT: PROJECT COST SUMMARY FOR THE PRELIMINARY DESIGN PHASE OF THE AGUA HEDIONDA SEWER LIFT STATION REPLACEMENT (PROJECT NOSr3492, 3886, AND 3949) Planning Level Expenditures and Encumbrances to Date Proposed Preliminary Design Services - Brown and Caldwell City Project Management and Miscellaneous Costs (Estimated) TOTAL ESTIMATED COST THROUGH CURRENT PHASE TOTAL APPROPRIATIONS TO DATE $220,531 $294,641 $100,000 $615,172 $6,468,360 Sufficient funds are available for the completion of the project planning and preliminary design phase. The total amount budgeted in the Capital Improvement Program for all project costs is approximately $26.2 million, of which $4.2 million is budgeted for design and environmental costs. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within an existing agreement for ownership, operation, and maintenance between the two cities. The project is funded from the Sewer Replacement Fund. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-027 approving the agreement for professional engineering services with Brown and Caldwell for the preliminary design of the Agua Hedionda Sewer Lift Station and realignment of reaches 11B through 15 of the Vista Carlsbad Interceptor Sewer System, Project Nos. 3492, 3886, and 3949. 3. Agreement for Professional Engineering Services with Brown and Caldwell for the design of the Agua Hedionda Sewer Lift Station. DEPARTMENT CONTACT: Terry Smith, (760) 602-2765, tsmit@ci.carlsbad.ca.us LOCATION MAP Existing Agua Hedionda Lift Station VC1 thruVC11A VC11BthruVC15 PALOMAR AIRPORT RD Sewer Pipeline Alignment Not a Part of Project Enema Water Pollution Control Facility PROJECT NAME: AGUAHEDIONDA LIFT STATION & VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B THROUGH VC15 PROJECT #S CP 3492, 3886 &S949 EXHIBIT 1 1 RESOLUTION NO. 2007-027 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH BROWN AND CALDWELL FOR THE 4 PRELIMINARY DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION AND REALIGNMENT OF REACHES 11B THROUGH 15 OF 5 THE VISTA CARLSBAD INTERCEPTOR SEWER SYSTEM, PROJECT NOS. 3492. 3886. AND 3949. 6 WHEREAS, on February 14, 2006, the City of Carlsbad entered into an agreement with 7 Brown and Caldwell to perform a site alternative investigation and alignment study for the 8 Agua Hedionda Sewer Lift Station and the Vista Carlsbad Interceptor Sewer, Reaches 11B 9 through 15; and 10 WHEREAS, further development of the design is needed at this time in order to support 11 the acquisition of property and easements and to further define the project scope prior to final 12 design; and 13 WHEREAS, City staff has received a proposal from Brown and Caldwell to perform 14 the preliminary design of the Agua Hedionda Sewer Lift Station and the realignment of the 15 Vista Carlsbad Interceptor Sewer System in an amount not-to-exceed $294,641; and 16 WHEREAS, additional consultant services will be necessary at the completion of this 17 phase or work to prepare plans and specifications for construction, prepare CEQA compliance 18 documents, and provide permit assistance; and 19 WHEREAS, funds have been appropriated in the 2006-07 Capital Improvement Program 20 from Sewer Replacement Funds and sufficient funds are currently available; and 21 WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals for engineering design services as allowed by Carlsbad Municipal Code Section 3.28.100 as a tO result of Brown and Caldwell's qualifications and experience with the Vista Carlsbad Interceptor Sewer System; and £lO WHEREAS, the Professional Services Agreement with Brown and Caldwell, in the26 amount of $294,641, has been prepared and is attached hereto. 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the Agreement with Brown and Caldwell in an amount not-to-exceed $294,641 for the preliminary design of the Agua Hedionda Sewer Lift Station and realignment of the Vista Carlsbad Interceptor Sewer, Reaches 11B through 15, is approved and the Mayor is 7 hereby authorized and directed to execute said amendment. 8 9 10 11 12 13 14 15 17 18 /// 19 /// 20 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Sigafoose ATTEST: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE AGUA HEDIONDA SEWER LIFT STATION (BROWN AND CALDWELL) THIS AGREEMENT is made and entered into as of the /y^ _ day of , by and between the CITY OF CARLSBAD, a municipal corporation/("City"), and BROWN AND CALDWELL, a private employee owned company, ("Contractor"). RECITALS A. City requires the professional services of a professional engineer that is experienced in the design of wastewater collection and conveyance systems. B. Contractor has the necessary experience in providing professional services and advice related to the design of wastewater collection and conveyance systems. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in 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. 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 Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #11.28.06 1 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 two hundred ninety four thousand six hundred forty one dollars ($294,641) paid on a time and material 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 and/or 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. City Attorney Approved Version #11.28.06 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. 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-:V". 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 Liability 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. 10.1.3 Workers' Compensation and Employer's Liability. 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. City Attorney Approved Version #11.28.06 10.1.4 Professional Liability. 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 Providing 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. 11. 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. 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. City Attorney Approved Version #11.28.06 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. 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 Ray Fakhoury Title Senior Civil Engineer Title Executive Engineer Dept Engineering CITY OF CARLSBAD BROWN AND CALDWELL Address 1635 Faraday Avenue Address 9665 Chesapeake Drive, Ste. 201 Carlsbad, CA 92008 San Diego, CA 92123 Phone No. (760) 602-2765 Phone No. (858)514-8822 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. 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. City Attorney Approved Version #11.28.06 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 (10) 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. 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. City Attorney Approved Version #11.28.06 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 sea., 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. 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. City Attorney Approved Version #11.28.06 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 BROWN AND CALDWELL, a private employee owned company CITY OFnCA^LSBAD, a murTicfcal corporaft i^^yonhe^taie^oi Oafefnia Br-4* (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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: Deputy City Attorney 8 City Attorney Approved Version #11.28.06 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SflY\ \)\m > ss. On M ^00-1 before TO," . personally appeared 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. Signature COMM #1648045NOTARY PUBLIC • CALIFORNIA i SAN DIEGO COUNTY ' WWWWVC (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Title of Document Tvoe Number of Pages [n Lwte of Document I pl|07 Signer(s) Other Than Named Above All Purpose Acknowledgment CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of die corporate records and seal of said corporation. 2. At die annual meeting of die Board of Dkectors on January 27, 2006, die following resolution was adopted RESOLVED diat all Brown and Caldwell officers currendy appointed to serve are ratified and audiorized to continue to hold diek offices at die pleasure of die Board of Dkectors of diis corporation until die next annual meeting of die Board of Dkectors of diis corporation or until diek respective successors are elected or qualified, or until diek earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED diat all Brown and Caldwell officers listed are audiorized to financially commit toe corporation in accordance whh toe Company procedures and policies whhin toek respective area of responsibility or as stated in die Bylaws. 3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so identified in toe January 27, 2006, resolution referenced above, and in diat capacity is duly audiorized to financially commit toe corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed die seal of die Corporation diis 15th day of November, 2006. SIGNED: ROBERT S. L'EICHTNER, Secretary (SEAL) M:\CorpSecretary\Certificates\Secretary.doc Exhibit "A" Agua Hedionda Lift Station, Force Main and Interceptors VC-11B through VC-15 Preliminary Design Scope of Work November 6th, 2006 BACKGROUND In June 2006, Brown and Caldwell completed a Sitting and Alignment study for the proposed Agua Hedionda Lift Station and associated force main and gravity sewers. The Study focused on evaluating site and alignment alternatives for the replacement of the Agua Hedionda Lift Station (AHLS) and associated force main and gravity sewers since the existing AHLS has reached its useful life and is need in replacement not only to meet current and future capacity needs but also enhance the reliability of the pumping system. The new AHLS will have a capacity of approximately 31 million gallons per day (mgd) to meet build-out conditions in accordance with the City's 2003 Wastewater Master Plan. The new AHLS will pump all wastewater flows to the Encina Water Pollution Control Facility (EWPCF). With the completion of the sitting and alignment study, the City is moving forward with the preliminary design phase for this project. The preliminary design phase will consist of preparing a preliminary design report (PDR). The PDR will serve as the basis for preparing detailed plans and specifications for this project The objectives of the Preliminary Design Report will as follows: 1. Evaluate lift station type ( submersible or Dry well / wet well) 2. Perform hydraulic analysis to size pumps including VFD's. 3. Evaluate and size equipment (Odor control, generator, chemical feed system, etc.) 4. Perform surge analysis 5. Evaluate the influent gravity sewer crossing of the lagoon. 6. Prepare design criteria for the lift station, force main, and gravity sewers. 7. Perform Phase I hazardous waste assessment at the preferred site and along the preferred alignment. 8. Prepare an implementation schedule and phasing plan. 9. Prepare detailed construction cost estimates. 10. Prepare preliminary design schematics for key areas along the proposed pipelines including the diversion /junction structures in Cannon Road, evaluation of trenchlesss construction for the crossing of busy intersections including Cannon Road and Palomar Airport Road. 11. Prepare preliminary drawings, including a site plan, a yard piping plan, architectural elevation views, mechanical plans and sections for selected lift station type, single line diagram, and process and instrumentation diagrams. P:\Prolects\Cartsbad, City of (CA)\129940 - Alignment and Sue SludyVProjecl ManagemenflProposal or Scope of WorkVDRScopeof Wok Page 1 of 5 SCOPE OF WORK TASK 1 - PROJECT MANAGEMENT This task consists of providing all of the project management during the preliminary design phase including setting up contracts, day to day management of the project, setting up project files, miscellaneous correspondence, coordination with subconsultants, preparing invoices, and reviewing invoices. TASK 2 - COORDINATION MEETINGS This task includes all of the meetings necessary to communicate with City and project team throughout the preliminary design phase effort. It is anticipated that a total of 4 meetings would be required as follows: • Kickoff / Brainstorming Session. The kickoff / brainstorming session would be attended by key members of BC's project team as well key members of City staff. The purpose of the meeting would be to discuss project issues, lessons learned on previous projects, design standards and requirements, permitting, schedule, and site issues. • Coordination and Review meetings. It is anticipated that a total of two (2) preliminary design coordination and review meeting would be necessary to communicate with City staff regarding this project. • Coordination Meetings with NRG Energy, NCTD, EWA, and Southern California Gas. It is anticipated that a total of three (3) coordination meetings would be necessary for this task. BC would prepare meeting minutes for all these meetings and would submit those to the City within one week of each meeting. TASK 3 - LIFT STATION DESIGN DEVELOPMENT 3.1 - Lift Station Site Evaluation This task consists of conducting site evaluation for the construction of the proposed lift station including the preparation of preliminary site exhibits for discussions with City planning, property owner, and regulatory agencies. 3.2 - Evaluation of Constant Speed vs. Variable Speed This task consists of conducting and evaluation of constant speed pumping versus variable speed pumping to determine whether VFD driven pumps would be cost effective and would offer the City more operational flexibility. Life cycle cost analysis for both options will be performed. 3.3 - Prepare Design Criteria This task consists of the following subtasks, consisting of evaluating project components and preparing the design criteria for the proposed facilities. P:\Projects\Carfsbad, City of (CA)\12S940 - Alignment and Site Study\_Project ManagemenftProposal or Scope of WorkWDRScopeol Wotk Page 2 Ol 5 • Evaluate the following project components. > Dry pit versus submersible pump installation; > Self-cleaning wet well; > Screening or grinding facilities; > Equipment removal systems; > How bypass provisions; > Odor control system; > Visual aesthetics of the facility; > SCADA, Monitoring and control system; > Security of the facility. • Prepare design criteria for the proposed lift station and force main in coordination with City's input. The design criteria shall include redundancy such as a standby pumps, back-up power requirements, and emergency storage wet well. Task 4 - INVESTIGATIONS AND RECONNAISSANCE 4.1 - Perform Detailed Utility Research This task consists of conducting a detailed utility research along the preferred alignment along Cannon Road and Avenida Encinas to the EWPCF. Typical cross sections would be prepared for the alignment depicting existing utilities, proposed pipeline, pipeline trench section, and area needed for construction. 4.2 - Perform Geotechnical Reconnaissance This task consists of preparing a geotechnical reconnaissance study for the preferred lift station site and along the existing NCTD railroad corridors, Cannon Road, Avenida Encinas to the EWPCF as follows: • Review of published geologic reports, fault and seismic hazard reports, groundwater reports, topographic maps and stereoscopic aerial photographs. We would also review in-house geotechnical reports for our nearby projects. • Review of plans and reports provided by the client. • Performance of a site reconnaissance by an Engineering Geologist to map the geologic conditions. • Compilation and analysis of the data. • Preparation of an illustrated Geotechnical Reconnaissance Report presenting our findings and conclusions related to geotechnical conditions at the site, and potential soil and geologic constraints on the proposed development. P:\Projects\Carlsbad, City of (CA)\129940 - Alignment and Site Study\_Project ManagemenrtProposal or Scope of WortAVDRScopeo) Work Page 3 Of 5 4.3 - Perform a Phase I Hazardous Assessment This task consists of conducting a Phase I Hazardous Assessment study at the top four lift station sites and along the existing NCTD railroad corridors, Cannon Road, and Avenida Encinas to the EWPCF. TASK 5-HYDRAULIC ANALYSIS 5.1 - Hydraulic Analysis Perform hydraulic analysis to size pumps for the proposed sites using information provided by the City as well as the 2003 wastewater master plan. BC will utilize our in-house pump sizing software "PUMPGRAPH" for this effort. The hydraulic analysis will include both constant speed and variable frequency drive pumps. 5.2 - Surge Analysis This task consists of performing surge analysis for the following scenarios. 1. A force main extending from the proposed lift station sites to the Encina Water Pollution Control Facility (EWPCF). 2. A force main from the proposed lift station to Cannon Road where the force main will connect to a proposed gravity sewer Analysis will be performed for constant speed pumps as well as variable speed pumps. TASK 6 - EVALUATION OF LAGOON CROSSING This task includes evaluation of crossing alternatives for the 54-inch influent gravity sewer on a pedestrian bridge across the lagoon. BC will work with Simon Wong Engineering on identifying several bridge options and will coordinate closely with NCTD, YMCA, Hobbs, and the Coastal Commission. Preliminary drawings will be prepared and included in the PDR. TASK 7 - PRELIMINARY DESIGN 7.1 - Prepare Preliminary Design Drawings As part of the preliminary design report, 30% design plans shall be completed for the preferred alternative as listed below: > Lift Station civil site plan / layout configuration; > Lift Station yard piping plan > Lift Station mechanical plan; > Lift Station mechanical sections; > Architectural plan; > Architectural elevations; > Electrical single line diagram; > P&ID's; P:\Projecls\Carlsba(), City of <CA}\129940 - Alignment and Site StudyV-Prpjea ManajemenWroposal ot Scope ol WoiKWPDfiScopeof W(xk Page 4 of 5 7.2 - Prepare Preliminary Cost Estimate A detailed preliminary construction cost estimate will be prepared for the preferred lift station type, force main, and gravity sewers. Preliminary construction cost estimates will be prepared using the following resources: • Unit costs were derived from "RS Means Building Construction Cost Data" and "RS Means Mechanical Cost Data". • Construction Cost data from recently completed similar projects. • Quotes from vendors for major items such as pipeline and valves. 7.3 - Prepare Implementation Schedule and Construction Phasing Plan This task includes preparing a construction phasing plan for maintaining the existing facilities in service while the new facilities are under construction. This task also includes preparing a detailed design and construction schedule for the proposed project. The schedule will be prepared using Microsoft Project software. 7.4 - Prepare Preliminary Design Report This task includes preparation of the Preliminary Design Report (PDR) consisting of work completed in tasks 3 to 12. BC will submit 5 copies of the draft report for review and comment. Upon the receipt of City comments on the draft PDR, BC will incorporate the agreed upon comments and submit 10 copies of the final PDR. P:\Projecs\Carlsbad, City of (CA)M29940 - Alignment and Site S<udy\_Praject ManagemenAProposal or Scope of WorkWPDRScopeol Work Page 5 Of 5 EXHIBIT "A'' CONT.FEE ESTIMATECITY OF CARLSBADAGUA HEDIONDA LIFT STATION PRELIMINARY DESIGN November 6, 2006 MAN HOUR BREAKDOWN Executive Managing Principal Senior CAD Senior Word Clerk Labor Labor TotalEngineer Engineer Engineer Engineer Engineer Designer Drafter Processor III Hours Cost Subconsultants Cost(Qa/Qc) (PM) (Electrical) (PE) IIITask Description Hourly Rates232 217 174 154 137 116 98 84 74TASK 1 - PROJECT MANANGEMNET Project Setup & Administration 4 44 12 24 40 124 $17,300 $17,300Coordination with Project Team 10 12 12 34 $5,410 $5,410Invoicing 12 24 36 $4,380 $4,380Project Closeout 4 8 20 32 $3,580 $3,580SUBTOTAL TASK 1 226 $30,670 $30,670TASK 2 - COORDINATION MEETINGSKickoff / Brainstorming Meeting 6 8 8 16 8 4 50 $8,248 $8,248Coordination / Review Meetings (2) 8 4 16 4 4 36 $5,780 $5,780Coordination with Agencies (3) 12 12 24 $4,452 $4,452SUBTOTAL TASK 2 110 $18,480 $18,480TASK 3 - LIFT STATION DESIGN DEVELOPMENT3.1 - Lift Station Site Evaluation 2 8 24 34 $4,450 $4,4503.2 - Evaluation of Constant Speed vs. Variable Speed 8 16 48 72 $12,720 $12,7203.3 - Prepare Design Criteria 8 16 24 80 32 160 $26,208 $26,208SUBTOTAL TASK 3 266 $43,378 $43,378TASK 4 - INVESTIGATIONS AND RECONNAISSANCE4.1 - Perform Detailed Utility Research 4 12 24 16 56 $7,572 $7,5724.2 - Geotechnical Reconnasinese 1 2 16 19 $3,130 $7,500 $10,6304.3 - Perform Phase I Hazardous Waste Assessment 1 2 8 24 35 $5,186 $5,186SUBTOTAL TASK 4 110 $15,888 $7,500 $23,388TASK 5 - HYDRAULIC ANALYSIS5.1 - Hydraulic Analysis 4 8 32 44 $7,592 $7,5925.2 - Surge Analysis 2 4 48 54 $8,724 $8,724SUBTOTAL TASK 5 98 $16,316 $0 $16,316TASK 6 - EVALUATION OF LAGOON CROSSING2 16 32 50 $8,864 $12,000 $20,864TASK 7 - PRELIMINARY DESIGN7.1 - Prepare Preliminary Design Drawings (10) Lift Station Civil Site Plan (1) 3 6 18 24 51 $7,122 $7,122Lift Station Yard Piping Plan (1) 3 6 18 24 51 $7,122 $7,122Lift Station Mechanical Plan 1 6 12 12 24 55 $8,254 $8,254Lift Station Mechanical Sections 2 8 12 24 46 $6,832 $6,832Architectural Elevation Plan 1 4 8 4 17 $2,724 $2,724Architectural Plans 2 6 40 12 4 64 $10,966 $10,966Single Line Diagram 1 4 16 12 8 41 $6,516 $6,516Electrical Site Plan 1 2 12 8 8 31 $4,770 $4,770P&ID (2) 2 6 12 32 16 68 $10,638 $10,6387.2 - Prepare Preliminary Cost Estimate 4 4 12 24 44 $6,700 $6,7007.3 - Prepare Implementation Schedule and Phasing Plan 2 8 20 18 16 64 $10,644 $10,6447.4 - Prepare Preliminary Design Report 12 40 48 96 60 48 48 64 416 $56,292 $56,292SUBTOTAL TASK 7 524 $138,580 $0 $138,580SUBTOTAL 40 136 164 406 148 64 136 48 64 1,414 $272,176 $19,500 $291,676 7% Markup on Subconsultants $1,365DIRECT COSTSMileage $800Miscellaneous. $800Total Direct Costs $1,600TOTAL PROJECT COST $294,641Page 1 of 1