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HomeMy WebLinkAbout2008-10-21; City Council; 19618; Harris and Associates agreementCITY OF CARLSBAD - AGENDA BILL AB# 19.618 MTG. 10/21/08 DEPT.ENG APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR THE CMP REPLACEMENT PROGRAM, PROJECT NO. 6607 DEPT. HEAD CITY ATTY. CITYMGR. RECOMMENDED ACTION: Adopt Resolution No. 2008-294 approving and authorizing execution of a professional services agreement with Harris and Associates, to provide professional engineering and design services for the Corrugated Metal Pipe (CMP) Replacement Program, Project No. 6607. ITEM EXPLANATION: The Corrugated Metal Pipe (CMP) Replacement Program was established as a five-year program to replace, repair or remediate deteriorated CMP storm drain systems throughout the City. The pipelines included in the program were identified after City staff videoed the interior of the pipe and assessed the condition of CMP pipelines. The professional services agreement is for the first two years of the replacement program. The first two years have been separated into three phases to facilitate construction of the improvements. Phase I will replace the storm drain in State Street. Repair of storm drain pipelines that are structurally adequate by slip lining will occur in Phase II. Slip lining is a construction technique that inserts a liner in the interior of the pipe to achieve pipe integrity. The final phase of Year 1 and Year 2 of the program will result in replacement of storm drain pipelines that have deteriorated beyond repair. The professional services agreement includes evaluating the existing pipelines to ensure it meets current City standards, survey of existing conditions to prepare a base map, utility locating, and preparation of preliminary and final plans, specifications and construction cost estimates. Additionally, the design engineer will be available for bid and construction support for each phase. The City issued a request for Statement of Qualifications to perform preliminary and final design of the storm drain replacement program. Proposals were received from eight civil engineering consulting teams. The SOQ's were evaluated based on firm experience, project team, and project approach, consistent with Carlsbad Municipal Code section 3.28.070. Based on the ranking of the proposals by the City staff selection committee, staff is recommending that the City Council execute a professional services agreement with Harris and Associates. DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756 showa@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 ENVIRONMENTAL IMPACT: Phases I and II of the program involve trenching and pipe replacement and slip lining within the improved public right-of-way which constitute the replacement or reconstruction of existing structures in the same location and with the same purpose and capacity. Therefore, projects within Phases I and II of the program are exempt from further environmental documentation pursuant to Section 15302 - Replacement and Reconstruction of the State CEQA Guidelines. Some projects within Phase III of the program may involve impacts to native habitat; and therefore, would require project-specific environmental review and documentation pursuant to CEQA. These projects will likely require a Negative Declaration or Mitigated Negative Declaration, which will be processed prior to adoption of the project's plan and advertisement for construction. FISCAL IMPACT: CORRUGATED METAL PIPE (CMP) PROGRAM - PROJECT NO. 6607-1 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Environmental Mitigation & Monitoring Right-of-Way Acquisition TOTAL APPROPRIATED TO DATE $330,000 997,700 20,000 29,300 $1,377,000 EXPENDITURES/ ENCUMBRANCES TO DATE* $5,691 192,530 0 24,300 $222,521 REMAINING BALANCES $324,309 805,170 20,000 5,000 $1,154,479 * Expenditures to date are for the Cameo Road Local Emergency Storm Drain Pipeline Replacement. Cameo Road was originally scheduled for replacement in Year 2 of the CMP Replacement Program. The cost associated with the subject three year agreement for this scope of work is $283,080. Sufficient funds are available to complete the scope of work for the first three phases. If this three year agreement is approved, $871,399 will remain for other tasks associated with this project. This agreement may be extended for three additional one year periods in an amount not-to-exceed $150,000 per agreement year ($450,000). The current total appropriation of $1,377,000 will increase each subsequent fiscal year to fund construction, environmental mitigation, and right of way for the CMP program projects included in the design scope of services up to $2,306,000 through fiscal year 2010-201 1. EXHIBITS: 1 . Location Map. 2. Resolution No. 2008-294 approving Professional Services Agreement with Harris and Associates, CMP Replacement Program, Project No. 6607. 3. Professional Services Agreement with Harris and Associates, CMP Replacement Program, Project No. 6607. LOCATION MAP ROUTE 73 'V-V, FOREST AVE! ' ' ' '"'-'; BUENAVISTAW. •'••., .CYNTHIA >f. LEGEND: • PHASE I A PHASE II • PHASE III PROJECT NAME CMP REPLACEMENT PROGRAM YEARS 1&2 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 9/24/08 C \CAP1TAL\HOWARD\CUP REPLACEMENT PROGRAM LOCATION UAP.DWG 1 RESOLUTION NO. 2008-294 2 " 3 4 5 8 10 11 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, CMP REPLACEMENT PROGRAM. PROJECT NO. 6607. WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest for the City of Carlsbad to enter into an agreement with Harris and Associates, for the design of the CMP Replacement Program, Project No. 6607; and WHEREAS, Public Works staff solicited, received, and reviewed eight statements of qualifications for professional engineering services consistent with Carlsbad Municipal Code Section 3.28.070; and WHEREAS, subsequent to a review of the proposals, staff recommends Harris and Associates, as the most qualified engineering consultant for the project; and 13 WHEREAS, City staff and Harris and Associates have negotiated fees for the sum of $283,080 to provide engineering services for the design of the project, as described in this professional services agreement; and15 WHEREAS, funds have been appropriated in the Capital Improvement Program and16 sufficient funds are available for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the agreement with Harris and Associates, for professional engineering 21 services for CMP Replacement Program, Project No. 6607 is hereby approved. 22 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 23 the agreement with Harris and Associates, for and on behalf of the City of Carlsbad. 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 21st day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 'lEWIS, Mayor ATTEST: LORRAlNEIvwOOD, City Clerk (SEAL) PWENG663 AGREEMENT FOR CIVIL ENGINEERING SERVICES FOR CMP REPLACEMENT PROGRAM FOR 6607 (HARRIS AND ASSOCIATES, INC) THIS AGREEMENT is made and entered into as of the r?>V "" day of 20Q&. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and HARRIS AND ASSOCIATES, INC, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineer that is experienced in civil engineering design. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering design. 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. In addition to design services defined in Exhibit "A", City may retain Contractor to provide engineering support services during the bidding and construction of the project. 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed one hundred fifty thousand dollars ($150,000) 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 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 two hundred eighty three thousand eighty dollars ($283,080). 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 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-:VII". 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 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 °\ 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 Ehab Gerges Title Deputy City Engineer Title Design Manager/Associate Department Public Works Engineering HARRIS AND ASSOCIATES, INC. CITY OF CARLSBAD Address 750 B Street. Suite 1800 Address 1635 Faraday Avenue San Diego. CA92101 Carlsbad. CA 92008 Phone No. 619-236-1778 Phone No. 760-602-2768 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 City Attorney Approved Version #05.06.08 determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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 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 City Attorney Approved Version #05.06.08 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 #05.06.08 8 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 conditipps of this Agreemej; CONTRACTOR HARRIS AND ASSOCIATES, INC, a CalifoAiia ctffpor/rtion / By ATTEST: LORRAINE M. WOOD City Clerk David T. Seevers, PE, Vice President (print name/title) dseevers@harris-assoc.com (e-mail address) (sign here) (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 City Attorney Approved Version #05.06.08 Page 1 of2 CERTIFICATE OF THE PRESIDENT OF HARRIS & ASSOCIATES, INC. Authorization to Enter into Contacts Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation ("Company"), and the delegation of authority by the Board of Directors of the Company, to the President, the undersigned, as President, hereby authorizes the individuals named below to have the authority, in the amounts set forth below, to enter into contracts, proposals, and cost proposals, and to incur obligations. Authority to enter into contract amendments is subject to the same limits set forth below, based on the amount of the original contract. These individual authorities shall remain in effect until the designated individual's employment or position is terminated, or the signing authority is revoked, changed or amended by a duly executed Certificate of the President. Contracts in Unlimited Amounts L. Carl Harris Guy A. Erickson Neil M. McCosker Marian S. Ross Vernon A. Phillips Chairman President Chief Operating Officer Chief Financial Officer Secretary Contracts up to Five Million ($5,000,000); Randall S. Duncan David T. Seevers Mario Maciel Kim A. Sloat Contracts up to One Million Dollars ($1,000,000): Robert DeLiso Edward A. Kozlowsld Byron G. Tobey James R. Guerrero Marie A. Shockley 2008-06Jun Certificate Authorizing Signing Authority Harris & Associates Page 2 of 2 Contracts up to Five Hundred Thousand Dollars ($500,000): Isaac C. Dee Julius P. Feher Dana O. LeSher Contracts up to Two Hundred Fifty Thousand Dollars ($250.000); Dennis A. Anderson Randall G. Berry Michael K. Cooper Rick L. Darnley Leonardo V. Flor Gregory B. Griffith RobertS. Guletz William Little III Raymond K. Polidoro E. Javier Saunders Brett E. Barnett James D. Bissell Joan E. Cox Stephen M. Ehninger Ehab S. Gerges Ramon Guiao Richard A. Huffman Russell A. Moore Steven E. Roberts Eric R. Tholen Contracts up to $50,000 Cynthia A. Laffoon Denise M. Owen Keri McQueen Elizabeth A. Nystrom IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President on this 2. (e ^~day of lA//?/-=> , 2008. Guy A. Enckson, President 2008-06Jun Certificate Authorizing Signing Authority Harris & Associates CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On OCT. Up 2QCB before meNpncy personally appeared Wre IrigertNarne and Title ofthe Office 1C Name(s) of Signer(s) NANCY IRENE ARROYO Commission * 1585876 Notary Public - CaWomta Orange County My Comm. Expires Jun 7. who proved to me on the basis of satisfactory evidence to be the(£ersor)(s) whose fiamdjs) dsVare subscribed to the within instrument and acknowledged to me that (fieDfehe/they executed the same in (fisher/their authorized (capacitvifies), and that by<filg?her/their(§jghature)(s) on the instrument the (Sersonts), or the entity upon behalf of which the^rsorJXs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public J Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C^Ml| Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • vvnww.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT A •MB Harris & Associates Program Managers Construction Managers Civil Engineers September 15, 2008 Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Proposal for Professional Engineering Design Services for City wide Corrugated Metal Pipe Rehabilitation/Replacement Program. Dear Sherri: Harris & Associates appreciates the opportunity to present this proposal to provide professional engineering services for the preparation of plans, specifications and estimate (PS&E) for the subject project. Based on our understanding, the proposed improvements include replacement and rehabilitation of existing storm drain Corrugated Metal Pipes (CMP) in various locations in the City. We understand that the first two years of the CMP replacement/rehabilitation program will be constructed in 3 phases. The construction documents (PS&E) for each phase will be self sufficient and complete package in order to be advertised for bids. This proposal is for the entire program as listed in Exhibit 1, of CMP Replacement/Rehabilitation Program. The exhibit is hereby made a part of this scope of work. Our project approach is based on the following scope of work: • Review the videos provided by the City for the CMP pipes that are candidates for rehabilitation (replacement, open trench, slip lining, etc.) to evaluate their condition and degree of deterioration. • Perform hydrology and hydraulic analysis of specific project sites as directed by City staff and identified in Exhibit 1. Exhibit 1 enumerates the type and extent of the effort we anticipate for each segment of CMP pipe replacement/rehabilitation. The design documents will be prepared so that each package will be self sufficient to be bid and constructed independently. The three phases are packaged as follows: • Phase I- State Street • Phase II- Slip Lining • Phase III- All other locations requiring open trench 750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com Sherri Howard September 15, 2008 Page 2 of7 Task 1.0 Project Management 1.1 Progress & Review Meetings We will schedule and attend project kick-off, and other progress meetings through the duration of the project. We have included ten (10) meetings with city staff and private property owners to review the project progress and discuss outstanding project issues. We will prepare and transmit the meeting agendas and provide draft-meeting minutes for the City's review within one week of our meetings. 1.2 Utility Coordination We will mail initial utility notifications to all utility companies that have facilities within the project limits making them aware of the upcoming construction activities and requesting copies of their maps, plans, and/or sketches of their existing and/or proposed facilities within the project limits. In addition to the written utility notifications, we will coordinate the design of the project with utility companies to relocate their utilities (if required) for timely completion of their work before construction of the project. Copies of progress submittals will be transmitted to all affected utility agencies to notify them of the anticipated project construction schedule and request any utility potholing and/or relocations necessary for the construction of the proposed improvements. As with all of our design projects, we will maintain a utility log to track to whom and when notification sere sent to, and document the responses received. City staff will be copied on all utility correspondence. Task 2.0 Preliminary Investigations 2.1 Data Gathering and Site Visit Harris staff will gather all available record plan information from the City pertinent to the design of the project. We will conduct field reviews and take inventories of site features within the project limits. It is essential that Harris and City staff do a field review of the project sites to confirm the scope and the limits of proposed pipe rehabilitations. 2.2 Review Videos of Existing CMP We will review the videos provided by the City of all existing CMP pipes, to evaluate their condition and degree of deterioration. This evaluation is essential in deciding whether the existing pipes can be rehabilitated by slip lining or must be replaced due to excessive deterioration. 2.3 Topographic Survey Our sub-consultant Right of Way Engineering will perform topographic surveys for the project locations as listed in Exhibit 1, to include the following: • Research record maps • Tie in sufficient monuments to orient record boundary \<\ Sherri Howard September 15, 2008 Page 3 of7 • Control Survey to City of Carlsbad Benchmark, establish NAD 83 project control based on Carlsbad control ROS • Perform topography of area to include slopes, trees, walls, driveways, storm drain grates and inverts, storm drain structures, pipe sizes, sewer manhole rim location, elevation, invert elevation, pipe size, pipe type, cross gutters, houses, fences and all surface utilities within the project area. • Right of way, centerline and property line calculations field note reduction, ownership research • Prepare base mapping at 1"= 20' feet with 1' contours centerline, R/W and property line and owner information. • Record map reproduction 2.4 Preparation of Easement Document Harris will prepare maximum of 5 drainage easement document as required for acquisition. City will provide all title reports. 2.5 Base Mapping Utilizing the topographic survey obtained in Task 2.3, we will prepare base maps for the proposed improvements. Base maps will be prepared in plan and profile format at a horizontal scale of 1" = 20'. Base maps will include alley center lines, right-of way, manholes, valves and underground utilities. All base maps will be prepared in AutoCAD. 2.6 Utility Potholing Vacuum-extraction potholing of existing utilities that are potentially in conflict with the proposed improvement will be performed by Underground Solutions our subconsultant, at our direction. We have included Ten (10) potholes in our fees. 2.7 Hydrology Study This effort includes hydrology and hydraulic analysis and evaluate the adequacy of the existing storm drain systems. We propose to perform the hydrology and hydraulic analyses for the following locations: • State Street • Area between Highland Drive and James • Holly Brae Lane • Easement between Alder Avenue & El Camino Real Sherri Howard September 15, 2008 Page 4 of7 2.8 Geotechnical Investigation Our sub-consultant, Ninyo & Moore, will provide the geotechnical information as follows: State Street: • Reviewing available data from the City and any additional data prepared by other consultants, if provided. Specifically, including data developed during the television inspection of the existing CMP. • Obtaining a Right-of-way permit from the City of Carlsbad for the work in the right of way (if required) and coordinate the boring locations with location of storm drain alignment. A traffic control plan for the field work activities will be included as part of the permit • Marking out of proposed boring locations and contacting Underground Service Alert (USA) for clearance of underground utilities. • Drilling, logging, and sampling of two small diameter borings to depths of approximately 15 feet near the storm drain alignment, for State Street and two additional borings on sites selected by the City. The surface at the boring locations will be patched with concrete and black-dyed concrete as appropriate. We assume that site access will be granted and that the project area is accessible to truck-mounted drilling equipment. • Testing of selected soil samples to evaluate their various soil engineering properties. • Laboratory testing may include an evaluation of moisture content, in place dry density, grainsize, soil corrosivity, and sand equivalent. The tests will be conducted at our in-house geotechnical laboratory. • Evaluating the data developed and formulating recommendations for excavation and placement of proposed sewer line improvements. • Preparing a report services presenting our findings, conclusions, and recommendations for all borings. It is assumed all borings will be performed in one mobilization. Task 3.0 Conceptual Design (30% Submittal) 3.1 Conceptual Improvement Plans Prepare conceptual design plans depicting the proposed improvements. The conceptual design will include: • Proposed CMP replacement/rehabilitation limits • Proposed storm drain clean out replacement/addition • Proposed AC pavement replacement Sherri Howard September 15, 2008 Page 5 of7 • Identifying pavement, subsurface utilities and other obstructions impacted by proposed improvements. • Identifying potential private and public improvements affected by the proposed improvements. • A list of items requiring City feed back, along with Harris associated recommendations. 3.2 Conceptual Probable Construction Cost Estimate Quantities will be determined from the conceptual plans, and preliminary estimates of probable construction costs for the proposed improvements, will be prepared based upon those quantities. Cost estimate will be prepared in spreadsheet format using unit costs from Harris' extensive bid tabulation history database, as well as from recent City bid results on similar types of work. Task 4.0 Preliminary Design (75% Submittal) 4.1 Preliminary Improvement Plans Prepare preliminary improvements plan and profile sheets for drainage and other pertinent improvements based on approved conceptual design plans. 4.2 Preliminary Traffic Control Plans Prepare traffic control plans in conformance with California Manual Uniform Traffic Control Devices (MUTCD). We anticipate to prepare traffic control plans for only the following locations: • State Street • Holly Brae East (El Camino Real) • Alder East (El Camino Real) • Carlsbad Village Drive 4.3 Preliminary Specification Specifications will be prepared in the City's format using a digital sample provided by the City. The specifications will be submitted to the City for review. Harris will prepare 3 sets of specifications, one for each year of corrugated metal pipe rehabilitation program. 4.4 Preliminary Probable Construction Cost Estimate A preliminary probable construction cost estimate will be prepared from actual quantities shown on the plans and unit costs from recent bids received by the City for similar items of work and Harris extensive bid tabulation history. Sherri Howard September 15,2008 Page 6 of7 The following Improvement plans are anticipated: Description Scale Number of Sheets Title Sheet Civil detail Sheets Plan and Profile Sheets for storm drain pipe replacement Plan and Profile sheets for CMP lining Traffic Control Plans Total Estimated Sheets N/A N/A 1"=20' 1"=20' 1"=40' 3 3 6 2 5 19 Task 5.0 Final Plans, Specifications, and Estimate Final Improvement Plans Prepare final improvement plan sheets to include City's 75% comments. 5.2 Final Traffic Control Plans Prepare final traffic control plans to incorporate 75% comments. 5.3 Final Specifications and Estimate Final Specifications and estimate will incorporate comments from the 75% design submittal. At the completion of final PS&E we will provide the City with two (2) copies of the design notebook, wet- stamped by the Project Manager. The design notebook will include engineer calculations and notes, quantity calculations and pertinent correspondence. FEES Harris & Associates proposes to provide the above services for the total not-to-exceed fee of $ 283,080. A breakdown of the proposed fee is presented for your information, to be used in evaluating this proposal. Fees would be invoiced monthly, based on actual hours of work completed. Our services would be accomplished per an agreement with the City, with all terms and conditions as stated therein. CITY RESPONSIBILITIES • Make available and provide all existing data and information relevant to the proposed project. • Environmental document and CEQA process • Advertising and review of the construction bids and construction contract award. • Management, administration, inspection and materials testing of the construction contract and approval of PS&E. • Pay all outside agency permit fees, if any. • All issues related to NPDES/Permits, including Water Quality Management Plan. • Provide video of all CMP to be rehabilitated/replaced. • Provide all title reports required for drainage easement acquisition. *'/-) Sherri Howard September 15, 2008 Page 7 of7 We appreciate the continued opportunity to work with the City of Carlsbad, and are committed to the successful and timely completion of your project. If you have any questions, or need additional information please do not hesitate to contact me. Sincerely, Harris & Associates Ehab Gerges, P.E. Design Manager/Associate Cc: Javier Saunders Dave Johnson Javid Siminou EXHIBIT 1 9/4/2008 City of Carlsbad -Citywide CMP Rehabilitation Program Per City Program Sheet # 3 10 15 19 + 20 21 25 *31 14,24,80 **68 - 71 Location Marron at Monroe Street State Street Driveway off of Park Dr (south of May- private property) Private property off via Libertad Oak Avenue ( Use 18" RCP) Between Highland and James Dr. (Private property) ( Use 18" RCP) Carlsbad Village Holly Brae Lane - west (private property) Easement between Alder Ave and El Camino Real (private property) Pipe Length 87' 1 ,040' ± 95' 106' 370' 300' ± 15' 425' 361' Strategy Slip Line R&R Slip Line R&R Slip Line orR&R R&R R&R& Manhole Slip Line R&R Slip Lining &Open trench 30' Open Trench + Slip Lining Hydrology No Yes No No No Yes No Yes Yes Survey No Yes Yes Yes Yes Yes No Yes Yes Geotech Boring No Yes No No Yes *** Yes *** No Yes *** No Traffic Control No Yes No No No No Yes Yes Yes Pothole Yes Yes No No Yes No No No No *Geotechnical boring will only be provided for two of the indicated three locations based on preliminary design. **Add Manhole - Confirm Location ** Confirm C.O. Location * Use As- Built for Base Sheet l:\Projects\Carlsbad\CMP Replacement\Proposal\citywide CMP Year 1 city comments.xls HARRIS & ASSOCIATES City of Carlsbad CMP Rehabilitation Fee Proposal City of Carlsbad Task/Subtask Harris & Associates PD $220 PM $200 PE $160 DE $115 TECH $95 Survey ROW Potholing USI Geotech Ninyo & Moore Subtotals Task 1.0 Project Management 1.1 Progress & Review Meetings 1.2 Utility Coordination Task 2.0 Preliminary Investigation 2.1 Data Gathering and Site Visits 2.2 Review of Video 2.3 Topographic Survey 2.4 Preparation of Drainage Easement Documents 2.6 Utility Potholing 2.7 Hydrology Study Task 3.0 Conceptual Design (30%) 3.1 Conceptual Imp. Plans 3.2 Conceptual Probable Const. Cost Estimate Task 4.0 Preliminary Design (75% Submittal) 4.1 Preliminary Imp. Plans 4.2 Preliminary Traffic Control 4.3 Preliminary Specifications 4.4 Preliminary Probable Construction Cost Estimate Task 5.0 Final Plans, Specifications, and Estimate 5.1 Final Imp. Plans 5.2 Final Traffic Control 5.3 Final Specifications & Estimate Total Hours by Classification Total ($) by Classification Percentage of Time Allocated (by hours) Jjl l:\Projects\Car1sbad\CMP Replacement\Proposal\City of Carlsbad CMP Rehabilitation rev 8 28 08.xls