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HomeMy WebLinkAbout2008-09-09; City Council; 19554; Approval and Authorization to receive bids, execute agreement with MJS Construction for North Agua Hedionda Interceptor Sewer Replacement Project No 3537CITY OF CARLSBAD - AGENDA BILL AB#19,554 MTG. 9/09/08 DEPT. ENG APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE TO RECEIVE BIDS FOR CONSTRUCTION; AND AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT, PROJECT NO. 3537 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2008-240 approving plans and specifications and authorization for the City Clerk to advertise to receive bids for construction; and authorization for execution of a professional services agreement with MJS Construction Management and Engineering, Inc., for construction management and inspection services for North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537. ITEM EXPLANATION: Project Background: The North Agua Hedionda Interceptor Sewer (NAHI), constructed in 1965, is a 24-inch diameter vitrified clay pipeline that is approximately 15,500 feet in length and conveys approximately 1.3 million gallons of untreated wastewater per day (average daily flow). The upper end of the alignment begins near the intersection of Cannon Road and El Camino Real and proceeds westerly along the north shoreline of the Agua Hedionda Lagoon to the Foxes Landing Lift Station located just east of Interstate 5. Previous inspections of the NAHI pipeline and manholes revealed the need for rehabilitation of the manholes as well as improving accessibility to the manholes. The rehabilitation design package was separated into 2 construction contracts in order to expedite the work on the easterly portion of the sewer that had fewer permit and environmental issues. In 2003, 41 manholes in the easterly portion of the NAHI sewer were rehabilitated; the existing pipeline remains in good condition. The westerly portion of the NAHI sewer is approximately 6,500 feet in length. The rehabilitation project for this portion of the NAHI sewer was originally designed to include the reconstruction of an access road and the construction of a shoreline protection wall for the sewer, along with manhole rehabilitation. Because most of the westerly alignment of the sewer is located adjacent to the lagoon and has limited access due to Environmentally Sensitive Habitat Area (ESHA), the California Coastal Commission (CCC) staff opposed this initial project based on the project impacts to the surrounding ESHA. Project Description: City staff continued to work with CCC staff to develop an alternative design that was acceptable to the CCC Board. The current design includes the use of mircrotunneling to construct approximately 1,800 lineal feet of new 24" diameter pipeline to avoid impacts to ESHA. Additionally, 430 lineal feet of new sewer pipeline will be constructed by traditional open trench methods in previously disturbed or developed areas. The Project moves the pipeline away from the coastline and reduces the number of manholes to avoid environmental impacts and addresses the concerns of the California Coastal Commission staff. The new sewer is designed for a useful life of 50 to 100 years. DEPARTMENT CONTACT: Mark Biskup, (760) 602-2763, mbisc@.ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 Construction Management and Inspection Services: On April 3, 2008, staff sent out a request for proposals to five firms qualified to provide the required construction management and inspection services. On April 29, 2008, the City received four proposals which included the following firms: Boyle Engineering Corporation, Dudek and Associates, Infrastructure Engineering Corporation, and MJS Construction Management and Engineering, Inc., (MJS). The qualifications and proposals of the four firms were reviewed by a selection committee comprised of staff members from the Engineering Design Division and Construction Management Division. All firms referenced have experience in the inspection of microtunneling construction methods. After review of the proposals the committee recommends the firm of MJS Construction Management and Engineering as the most qualified consultant for this project. In addition to construction management and inspection services for the project, MJS or their subconsultant will be responsible for providing necessary materials testing during construction. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration and Mitigation and Monitoring Program was prepared for the North Agua Hedionda Interceptor Sewer Replacement Project (EIA 07-01), and administratively approved by the Planning Director on July 19, 2007, in compliance with Section 21108 of the Public Resources Code (California Environmental Quality Act). FISCAL IMPACT: PROJECT COST SUMMARY Engineering Design Services and Staff Overhead Environmental Compliance & Permitting Real Property Acquisition Construction, Engineer's Estimate Construction Management/Inspection & Materials Testing (MJS Agreement) Biological Monitoring and Engineering Services During Construction TOTAL ESTIMATED COST TOTAL APPROPRIATIONS ESTIMATED ADDITIONAL APPROPRIATION REQUIRED $535,000 $474,000 $95,000 $5,300,000 $421,731 $75,000 $6,900,731 $4,177,751 $2,722,980 The cost proposal from MJS Construction Management and Engineering, Inc. is for time and materials, not-to-exceed $421,731, to perform construction management, inspection services, and materials testing. Sufficient funds are available for the construction management and inspection professional service agreement. Staff will request that City Council appropriate additional funds for the construction of this project after bid opening as part of the construction contract award process. The project will be funded from the Sewer Replacement Fund and sufficient funding is available for the estimated additional appropriation required. EXHIBITS: 1. Location Map. 2. Resolution No. 2008-240 approving plans and specifications and authorization for the City Clerk to advertise to receive bids for construction; and authorization for execution of a professional services agreement with MJS Construction Management and Engineering, Inc., for construction management and inspection services for North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537. 3. Agreement for Construction Management and Inspection with MJS. LOCATION MAP OPEN TRENCH REPLACEMENT Foxes l .csl Lift Station NAHI SEWER - REPLACEMENT BY MICROTUNNEL OPEN TRENCHEXISTING PORTION OF NAHI TO BEABANDONED °f%&/ REPLACEMENT 1,000 I IjFeet fej? *July 2006 a:a CDLU o PACIFIC VICINITY MAP NTS •• NAHI SEWER TUNNEL REPLACEMENT "PROJECT" NAHI SEWER TRENCH REPLACEMENT "PROJECT" NAHI-PORTION TO BE ABANDONED NAHI PIPELINE (easterly portion) NAHI PIPELINE (westerly portion) PARCEL BOUNDARY PROJECT NAME' NORTH AGUA HEDIONDA'INTERCEPTOR (NAHI) SEWER REPLACEMENT PROJECT # CP 3537 EXHIBIT 1 3 1 RESOLUTION NO. 2008-240 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION FOR THE CITY CLERK 4 TO ADVERTISE TO RECEIVE BIDS FOR CONSTRUCTION; AND AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL 5 SERVICES AGREEMENT WITH MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., FOR CONSTRUCTION 6 MANAGEMENT AND INSPECTION SERVICES FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT, 7 PROJECT NO. 3537. 8 WHEREAS, the City Council of the City of Carlsbad, California, desires to replace a portion 9 of the North Agua Hedionda Interceptor Sewer in conformance with the Sewer Master Plan; and 10 WHEREAS, the plans and specifications for furnishing of all labor, materials, tools, 11 equipment, transportation, and other expenses necessary or incidental to the North Agua 12 Hedionda Interceptor Sewer Replacement, Project No. 3537, have been prepared and are on file 13 in the Public Works-Engineering Department of the City of Carlsbad and are incorporated herein 14 by reference; and 15 WHEREAS, a Mitigated Negative Declaration was filed on July 20, 2007 in compliance 16 with Section 21108 of the Public Resources Code (California Environmental Quality Act) by the 17 City of Carlsbad's Assistant Planning Director; and 18 WHEREAS, the Department of Public Works solicited proposals from five consulting 19 firms and received a total of four proposals for construction management and inspection services 20 for North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537; and 21 WHEREAS, subsequent to review of the proposals, staff recommends MJS Construction 22 Management and Engineering, Inc., as the most qualified consultant for the project; and 23 WHEREAS, City staff recommends the MJS Construction Management and 24 Engineering, Inc., proposal to provide construction management and inspection services for 25 North Agua Hedionda Interceptor Sewer Replacement for an amount not-to-exceed $421,731 be 26 approved; and 27 28 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into an agreement with MJS Construction Management and Engineering, Inc.; and WHEREAS, sufficient funds from the Sewer Replacement Fund have been appropriated for the said construction management and inspection services; and WHEREAS, staff will request appropriation of additional funds from the Sewer Replacement Fund for the construction of this project as part of the construction contract award process. 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, specifications, and contract documents for the North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537, are on file in the Public Works- Engineering Department of the City of Carlsbad and are hereby approved. 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to publish, in accordance with state law, a Notice to Contractors Inviting Bids for the construction of the North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537, in accordance with the plans, specifications, and contract documents referred to herein. 4. That the agreement with MJS Construction Management and Engineering, Inc., for construction management and inspection services for North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537, with a total amount of said agreement not-to-exceed $421,731 is hereby approved and the Mayor is hereby authorized and directed to execute said agreement. 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 9th day of September, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PWENG658 AGREEMENT FOR CONSTRUCTION AND INSPECTION SERVICES (MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC.) f— f) THIS AGREEMENT is made and entered into as of the // day of 20/oS. by and between the CITY OF CARLSBAD, a mniclpalcorporation, ("City"), and MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., a California S corporation, ("Contractor"). RECITALS A. City requires the professional services of a construction management and inspection consultant that is experienced in construction management and inspection for microtunnel and conventional pipeline construction. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection for microtunnel and conventional pipeline construction. 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 one (1) year 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 in an amount not-to-exceed four hundred twenty one thousand seven hundred thirty-one dollars ($421,731) per Agreement year. 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. City Attorney Approved Version #05.06.08 1 PWENG658 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be four hundred twenty-one thousand seven hundred thirty-one dollars ($421,731). 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. City Attorney Approved Version #05.06.08 PWENG658 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 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-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 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. City Attorney Approved Version #05.06.08 if PWENG658 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. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 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. City Attorney Approved Version #05.06.08 PWENG658 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. 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 William Plummer Name Mark J. Sullivan Title Deputy City Engineer Title President Dept Engineering CITY OF CARLSBAD Address 1635 Faraday Avenue Address 1271 Missouri Street Carlsbad, CA 92008 San Diego, CA 92109 Phone No. (760) 602-2768 Phone No. (858)201-0027 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. City Attorney Approved Version #05.06.08 PWENG658 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 (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. City Attorney Approved Version #05.06.08 PWENG658 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. City Attorney Approved Version #05.06.08 PWENG658 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 #05.06.08 8 PWENG658 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 MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC., a California S corporation Bv: CITY corpon ATTEST: (print name/title) <g>»ylr~ (e-mail address) (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 Deputy City Attorney City Attorney Approved Version #05.06.08 ACKNOWLEDGMENT State of California County of San Diego ,2008 before me, L K Dayton, Notary Public personally appeared who proved to be 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. Witness my\hand and official seal. Signature &r U ...A'J ....---,„, r. ' U * 1 J, -ifiSb?^ 1 V nAVT/IM L J»^ ifS Soal \ ^1 ajSQ*. I-, n. um lun cm\ COMM. #1649072 £ «W| NOTARY PUBLIC-CAIIFORHIA JJj?yj SAN DIMO COUKTY "W Mv COMM. E». MAR. 3, 2010 1 EXHIBIT "A" SCOPE OF SERVICES Task 1: Preconstruction Services Task 1.1 Project Management Coordinate and meet with the City's project manger and the design team prior to bidding of the project. Initiate project activities and provide general project oversight. Establish document control systems and procedures for documenting communications and correspondence. Provide examples of all forms that the CM and contractor will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, blasting notifications, and other official project documents. Task 1.2 Design Review Perform a thorough review of the draft final construction drawings, specifications, contract schedule, and engineer's cost estimate to become familiar with the project work, identify constructability problems or significant cost issues of concern for the project. Task 1.3 Preconstruction Conference Notify appropriate parties, schedule and conduct the Preconstruction Conference with the contractor. The meeting shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the contractor's questions answered. Task 2: Construction Services Task 2.1 Contract Administration/Management The CM shall be responsible for all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. The CM shall utilize the field offices provided by the contractor. Furniture and basic office equipment shall be provided by the contractor per the specifications. The CM shall oversee, perform, and coordinate work included within this scope of work, as directed by the City. The CM shall: prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the contractor; coordinate subconsultant testing and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies; interpret drawings, specifications and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify the contractor of test results; investigate claims; perform inspections; review the contractor's Record Drawings periodically and concurrently with contractor progress payments; and prepare project punch lists, etc. Task 2.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the City and applicable parties. All original project documents and final project reports shall be furnished to the City within 60 days following filing of the Notice of Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Monthly progress reports (three copies) shall be prepared and submitted to the City's Project Managers and shall include the following elements: a) Summary of the prior month's main accomplishments and current construction activities. b) Overall contractor's conformance to contract schedule and quality requirements. c) Identification of key problems, action items, and issues. Recommendation for solutions. d) Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance. e) Photographs of representative project activities. Task 2.3 Photo Documentation Review the contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Prepare additional videotape and/or photographs to document site conditions as required to supplement the contractor's videotape. Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of all significant construction activities. Provide unique file names for photos with date and location information included. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Task 2.4 Construction Progress Meetings Schedule and conduct weekly construction progress meetings with the contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. Prepare minutes of the meetings with H identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. Task 2.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the project architect and the City's design project manager. The CM shall be responsible for processing and monitoring the status of all submittals. The CM shall provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM. Review of the contractor's construction schedule and monthly updates shall be the sole responsibility of the CM with input provided from the architect and City. CM will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements shall be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. Task 2.6 Plans and Specifications Interpretation The CM shall review and respond to contractor Requests for Information (RFI) if of a general nature. Technical RFIs shall be submitted to the project architect for response. The CM shall maintain a log of RFIs and provide written clarification to the contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's design project manager and the architect. Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. Task 2.7 Construction Inspection Services Provide full time inspection to ensure that the contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The inspectors may not authorize extra work or approve of work that deviates from the contract documents. Task 2.8 Progress Payments Prepare project-related invoices and progress payments. Submit all invoices to the City's project manager with a recommendation stating the proper amount for payment. Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The City will provide a format for monthly progress payments. Task 2.9 Contractor's Claims and Change Orders Identify, prepare, log, and monitor all contractor or City initiated claims, changes, extra work, and change orders. Negotiate all claims to an agreed contractor/consultant/CITY conclusion. Submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. Provide the lead role and support to the City in resolving claims and disputes. This shall include: written responses to contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by contractor default. Task 3: Project Closeout Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, two working days after final walk- through. Review and certify that the contractor's project record drawings are complete and accurate. Task 4: Microtunnelinq Special Inspection and Engineering Support The following services will be furnished by way of a subconsultant agreement with Jacobs Associates (Jacobs). Task 4.1 Microtunneling - Preconstruction Support Services Provide engineering support as may be required to the constructability design review, attend the project's preconstruction meeting and furnish associated preconstruction support services as may be required. 4.1 a Design Review/Constructability Support - One engineer to respond to questions as requested. No travel required. 4.1b Preconstruction Conference - One engineer to attend one 4-hour preconstruction conference in Carlsbad. Task 4.2 Microtunneling - Construction Support Services Provide shop drawing review, office engineering support, full time special inspection during microtunneling activities (not to exceed eight (8) hours/day for a total of sixty working days, change order review and associated construction support services as may be required. 4.2a Reports and Communications - Provide monthly status updates for the project monthly reports during the microtunneling work activity. The input will include: a. Summary of Prior Month's Activities. b. Contractor's Conformance to Schedule c. Identification of key problems, action items, and issues. d. Photographs of representative project activities. 4.2b Photo Documentation - Index, subtitles, descriptions, and log photos. 4.2c Construction Progress Meetings - Attend the weekly meeting during the microtunneling portion only. One engineer to travel and attend ten 4-hour weekly construction review meetings in Carlsbad. 4.2d Shop Drawings and Submittal Review - Review contractor submittals for Microtunneling. Provide engineering support for review of submittals for Shaft Construction, Carrier Pipe Installation, and Cellular grout backfill for the Carrier Pipe. 4.2e Plans and Specification Interpretation for: a) Microtunneling; b) Carrier Pipe Installation; and c) Cellular grout backfill for the Carrier Pipe. 4.2f Construction Inspection Services a. Perform Specialized Tunnel Inspection for sixty 8-hour work days. b. Provide engineering support during carrier pipe installation and cellular grout backfill. c. Prepare and Submit Final Record of Inspections for microtunneling. 4.2g Contractor's Claims and Change Orders - Provide engineering support for the review of change order requests or claims for microtunneling, cellular grout backfill and pipe jacking work. Task 4.3 Microtunneling - Project Close-out Support Services Review Contractor submitted as-built drawings for accuracy and furnish associated project closeout activities as may be required. Task 5: Materials Testing and Geotechnical Services Task 5.1 Soils and Compaction Testing Provide laboratory soils testing and field compaction testing as required to support construction inspection activities during the course of the project. Soils and compaction testing will be furnished for, but may not be limited to backfill of microtunneling pits, backfill of open-cut sewer pipeline installations and verification of soil conditions encountered during the course of microtunneling activities. Task 5.2 Materials Testing Provide construction materials testing as required to support construction inspection activities during the course of the project. Materials testing will be furnished for, but may not be limited to concrete sampling and testing for sewer manhole construction, asphalt concrete testing for pavement restoration, sampling and testing of cellular grout for microtunneling, and associated materials testing. Task 5.3 Geotechnical Engineering Support Provide as-needed geotechnical engineering support as may be required during the course of construction. Geotechnical engineering will be furnished for, but may not be limited to field review and consultation of unanticipated soils conditions encountered during microtunneling and open cut sewer construction activities, review of Contractor submitted excavation dewatering plans and associated geotechnical support. Task 6: Extended Duration Construction Support Services Provide extended duration and/or increased levels of construction management and inspection services as may be necessary to respond to unanticipated conditions encountered during construction. The extent of construction management services is based upon the construction schedule assumptions incorporated into the City's RFP. It is assumed that the construction contract will require twenty-eight (28) weeks for completion. Based on our experience on similar construction projects, we anticipate that there will be a two (2) week mobilization and start- up phase involving submittal review, demolition and site work during which the Contractor will perform limited on-site construction activities. There will then be a twenty-four (24) week period of active construction. The Contractor's activities will then diminish during remaining two (2) weeks of the project's close-out. It is recognized that due to the nature of field construction and the highly variable conditions and circumstances that may be encountered, it is very difficult to accurately predict the exact level of construction management services and fee that will be needed. If the construction Contractor is cooperative and the Project proceeds smoothly, a reduced level of effort may be appropriate. Conversely, difficult field conditions or relations with the Contractor, or an extended construction period could require additional effort and fee. For the purposes of this proposal a budget for extended duration and/or increased levels of construction management and inspection services as may be required is furnished. CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. 8. Cost Proposal:North Agua Hedionda Interceptor Sewer, CIP #3537 TASK DESCRIPTION Taskl Task 2 Task3 ••••J 1.1 1.2 1.3 2.1 2.2 2.3a 2.3b 2.4 2.5 2.6 2.7 2.8 2.9 3.1 ••^••lTOTAL - THIS PAGE TOTAL -ALL PAGES Pre-Construction Services Project Management Design Review Pre-Construction Conference Task 1 - Subtotal Construction Services Contract Administration / Management Reports and Communications Photo Documentation - Video Photo Documentation - Photographs Construction Progress Meetings (28 Weeks) Shop Drawings (40 Submittals, 10 Resubmittals) Plans and Specifications (50 RFIs) Construction Inspection Services (28 Weeks) Progress Payments (7 Invoices) Claims & Change Orders (10 COs, 30 Items) Task 2 • Subtotal Project Closeout Project Closeout Task 3 - Subtotal •••^.•^•.•^.•.•M 24 40 40 180 280 16 56 112 120 100 310 22 120 60 •••••^HJSQQ^gg^^ 1,480 1,640 100 •1HIPHBH ^^|^gQ^^^^100 100 4 4 4 18 20 4 6 10 6 10 8 2 12 10 ••••••mQiQjQ^m 118 134 •••••MM ^^^^^^^^^^^^^^1$0 $164,810 ••<••••^^^Hy^n^m^^^^l- - 28 44 44 198 300 20 62 122 126 110 418 24 132 70 •••••usi 1,698 1,874 $3,480 $5,640 $5,640 $14,760 $25,380 $39,000 $2,400 $7,920 $15,720 $16,560 $14,100 $50,830 $3,090 $16,920 $191,920 $8,700 $8,700 3E^^^^| $215,380 $421,731 'Services are proposed on an hourly rate basis with an associated "Not To Exceed" upper limit. Actual services required or requested may be affected by variables which may not be within the control of MJS. so CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. 8. Cost Proposal:North Agua Hedionda Interceptor Sewer, CIP #3537 TASK DESCRIPTION Task 4 TaskS Task6 Direct Costs 4.1 4.2 4.3 5.1 5.2 5.3 5.4 6.1 6.2 6.3 3.1 I Microtunneling Specialty Support (Jacobs Assoc.) Pre-Construction Services Construction Services Project Close-out Direct Costs Task 4 - Subtotal Materials Testing (Kleinfelder/Nova) Soils & Compaction Testing Materials Testing Geotechnical Engineering Support Services Final Report Task 5 - Subtotal Extended Duration Construction Support Construction Management (MJS) Microtunneling Special Services (Jacobs) Materials Testing Task 6 - Subtotal Direct Costs Printing, Mail, Miscellaneous •••^^^•l^^^^^^^^^^^^^^^^B TOTAL - THIS PAGE TOTAL - ALL PAGES — _^_-___.^^^^^_i^^_ 160 ^^^^^^^^^^^^Hanffilttffl^H160 1,640 0 100 16 $ 2,720.00 $ 119,000.00 $ 1,840.00 $ 5,750.00 $ 15,000.00 $ 5,000.00 $ 7,500.00 $ 3,000.00 $ $ 5,000.00 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 176 $2,992 $130,900 $2,024 $6,325 $142,241 $16,500 $5,500 $8,250 $3,300 $33,550 $22,560 $ $5,500 $28,060 $2,500 $2,500 Admin Asst. Subconsultant Mark-uo TOTALS 16 134 $164,810 $164,810 ^^^^•MMMHMMM^^ 176 1,874 $206,351 $421,731 •Services are proposed on an hourly rate basis with an associated "Not To Exceed" upper limit. Actual services required or requested may be affected by variables which may not be within the control of MJS. CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. 8. Cost Proposal (Jacobs Associates Detail):North Agua Hedionda Interceptor Sewer, CIP #3537 Taskl (Jacobs) Task 2 (Jacobs) TaskS (Jacobs) Task 4 (Jacobs) 1.1 1.2 2.1 2.2 2.3 2.4 2.4a 2.4b 2.4c 2.5 2.6 2.6a 2.6b 2.6c 2.7 3.1 4.1 Microtunneling - Preconstruction Services Constructability Review Support Pre-Construction Meeting Task 1 • Subtotal Microtunneling - Construction Services Monthly Progress Reports Photodocumentation Construction Progress Meetings Shop Drawings and Submittal Reviews Shaft Construction Microtunnel Construction Carrier Pipe and Annular Grouting Plans and Specification Interpretation Construction Inspection Services Tunnel Inspection (60 working days) Carrier Pipe & Cellular Grout Inspection Support Prepare and Submit Final Record of Inspection Claims and Change Order Support Task 2 - Subtotal Microtunneling - Project Closeout Review Contractor's As-builts Plans Task 3 - Subtotal Direct Costs Direct Costs Task 4 - Subtotal 8 8 16 40 8 8 8 8 30 20 8 32 4 80 12 480 24 16 8 $ 1,360.00 $ 1 ,360.00 $ 2,720.00 $ $ 6,800.00 $ 1,360.00 $ 12,960.00 $ 1,360.00 $ 3,100.00 $ 74,700.00 $ 3,400.00 $ 4,840.00 $ 7,760.00 $ 1,840.00 $ 5,750.00 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 $1,496 $1,496 $2,992 $2,992 $0 $7,480 $1,496 $14,256 $1,496 $3,410 $82,170 $3,740 $5,324 $8,536 $130,900 $2,024 $2,024 $6,325 $6,325 Sr. Assoc. Sr. Eng. Ill Sr. Eng. II Subconsultant Mark-up TOTALS TOTAL - THIS PAGE 0 | 198 620 $129,310 -0 $142,241 •Services are proposed on an hourly rate basis with an associated "Not To Exceed" upper limit. Actual services required or requested may be affected by variables which may not be within the control of MJS. CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. SCHEDULE OF HOURLY RATES Senior Construction Manager $135.00 Prevailing Wage Field Representative $ 85.00 Administrative Assistant $ 60.00 Expenses and Outside Services: Expenses, Outside Services and identifiable non-salary costs that are directly attributable to the project such has reproduction costs, long distance telephone charges, postage, etc are billed at actual cost plus 15% to cover overhead, administration and insurance costs. Escalation: This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business. Litigation and Expert Witness: Fees for litigation and expert witness services will be charged at $170.00 per hour with a four (4) hour minimum per day. Vehicles and Computers: Vehicle, Local Mileage and Computer costs are included within the listed hourly rates. 1271 MISSOURI STREET . SAN DIEGO . CA. 92109 . (sss) 201-0027 . MjsuLLivAN62@EARTHUNK.NET CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, MARK J. SULLIVAN, am the owner of MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. I hereby certify that MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC. employ any person during the term of the Agreement with the City of Carlsbad for CONSTRUCTION AND INSPECTION SERVICES. then workers' compensation and employers' liability insurance will be obtained. MARK J. SULLIVAN Name Signature Owner of MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC.