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HomeMy WebLinkAbout2014-09-23; City Council; 21743; Approval Agreement Keh and Associates Inc; Foxes Landing Lift Station Replacement, Force Main RehabilitationCITY OF CARLSBAD - AGENDA BILL 10 21.743 09/23/2014 PW-UTIL APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KEH AND ASSOCIATES INC. FORTHE FOXES LANDING LIFT STATION REPLACEMENT AND FORCE MAIN REHABILITATION DEPT.DraClDR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-232 approving Professional Services Agreement with for the Foxes Landing Lift Station Replacement and Foxes Landing Lift Station Force Main Rehabilitation, Projefct Nos. 5526 and 5527. ITEM EXPLANATION: The Foxes Landing Lift Station is located adjacent to and east of Interstate 5 on the north shore ofthe Agua Hedionda Lagoon, as shown on Exhibit 2. The lift station serves a sewer basin generally north of the lagoon and east of Interstate 5, pumping approximately 1.25 million gallons of raw wastewater per day with a peak flow capacity over 2,000 gallons per minute. The lift station was constructed in its current configuration in the 1960s. A new force main was installed in 1999, along with miscellaneous electrical and mechanical repairs to the station. The original force main was decommissioned for future rehabilitation at that time. Most recently the reliability and efficiency of the lift station has declined and improvements are necessary to comply with the State Regional Water Quality Control Board's discharge requirements for sewer systems and current industry standards intended to eliminate sewer overflows and spills. The lift station's proximity to the lagoon further reinforces the need for improved reliability. The project includes the construction of a new wet well with submersible pumps, the conversion ofthe old station structure to a wastewater emergency overflow basin, and installation of a new odor control system. The original force main, now decommissioned, will be rehabilitated and made available for emergency backup and operational versatility. The overall project will enhance operational efficiency, improve reliability, increase emergency storage capacity and provide redundancy of essential components, all reducing the potential of a station failure and sewer overflow. DEPARTMENT CONTACT: Mark Biskup 760-602-2763 mark.biskup@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • On June 2, 2014, staff issued a Request for Proposal to five qualified engineering firms with experience in the design of wastewater lift stations. The scope of work included preparing a preliminary design report, plans and specifications, providing bidding assistance and construction support services. The qualifications of each firm were reviewed by a selection committee comprised of staff members from the Utility Department. The committee ultimately selected the firm of KEH and Associates Inc. as the most qualified. KEH and Associates Inc. was selected as the most qualified firm based on qualifications of staff and sub consultants, project approach, quality of proposal and pricing. Negotiations were completed on August 13, 2014 and the terms of the agreement have been established as a not to exceed price of $310,326. The professional Services agreement with KEH and Associates Inc. represents approximately 10 percent ofthe total estimated project cost. The selection committee, in accordance with the procedures listed in Carlsbad Municipal Code Section 3.28.060, is recommending that the Board of Directors approve a professional services agreement with KEH and Associates Inc., as the consultant providing the professional qualifications necessary for the satisfactory performance, on demonstrated competence, and on fair and reasonable price consistent with Government Code Section 4526. FISCAL IMPACT: The following table provides a breakdown of the total project cost: PROJECT COST SUMMARY FOR THE FOXES LANDING LIFT STATION REPLACEMENT & FORCE MAIN REHABIUTATION (PROJECT NOS. 5526 & 5527) Studies, Reports and Staff Overhead $75,000 Engineering Design Services (KEH Agreement) $310,326 Construction Contract Estimate (Preliminary) $2,500,000 Construction Management and Inspection $200,000 TOTAL PROJECT COST $3,085,326 CURRENT APPROPRIATION PROJECTNO. 5526 $3,050,000 CURRENT APPROPRIATION PROJECT NO. 5527 $225,000 TOTAL CURRENT APPROPRIATION $3,275,000 Based on current estimates, there are sufficient appropriations from the Sewer Replacement Fund for the construction ofthe Foxes Landing Lift Station Replacement and Force Main Rehabilitation. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, approving a professional services agreement does not qualify as a "project" within the meaning ofthe California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2014-232 approving a Professional Engineering Services Agreement with KEH and Associates, Inc. for Foxes Landing Lift Station Replacement and Foxes Force Main Rehabilitation, Project Nos. 5526 and 5527. 2. Location Map 3. Professional Engineering Services Agreement with KEH and Associates, Inc. for Foxes Landing Lift Station Replacement and Foxes Landing Lift Station Force Main Rehabilitation. 5 14 15 16 17 18 22 23 24 1 RESOLUTION NO. 2014-232 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT ^ WITH KEH AND ASSOCIATES, INC., FOR THE FOXES LANDING UFT 4 STATION REPLACEMENT AND THE FOXES LANDING UFT STATION FORCE MAIN REHABILITATION, PROJECT NOS. 5526 AND 5527 ^ WHEREAS, the Foxes Landing Lift Station has reached its useful life and is in need of 7 replacement; and WHEREAS, rehabilitation ofthe previously decommissioned force main at Foxes Landing Lift Station will improve reliability of the station and reduce risk of sanitary sewer overflows; 8 9 10 11 and 12 WHEREAS, Pursuant to Public Resources Code Section 21065, approving a professional services agreement does not qualify as a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review; and WHEREAS, to obtain professional engineering services for Preliminary Design, 19 preparation of plans and specifications, bidding assistance, and construction support services for the Foxes Landing Lift Station Replacement and Force Main Rehabilitation, staff solicited 21 proposals from five qualified engineering firms consistent with Carlsbad Municipal Code Section 3.28.060; and WHEREAS, subsequent to a review of the proposals, staff recommends KEH and 25 Associates, Inc. as the consultant providing the best value for the project; and 26 WHEREAS, the Board has determined it is necessary and in the public interest to enter nto an agreement with KEH and Associates, Inc., to provide preliminary and final design, and 28 construction support services for the Foxes Landing Uft Station Replacement, Project Nos. 5526 and 5527.; and WHEREAS, staff and KEH and Associates, Inc. have negotiated fees in the sum of $310,326 to provide design services as described in this professional engineering services agreement; and WHEREAS, funds in the Sewer Replacement Fund are sufficient forthe project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. That the above recitations are true and correct and incorporated herein. 2. That the Mayor is hereby authorized and directed to execute the Professional Services Agreement with KEH and Associates, Inc. to provide professional engineering services forthe Foxes Landing Lift Station Replacement, Project Nos. 5526 and 5527. // // // // // // // // // // 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 ofthe City Council ofthe City of Carlsbad on the 23'''' day of September, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, 0ty Clerk LOCATION MAP NOT TO SCALE PROJECT NAME FOXES LANDING LIFT STATION REPLACEMENT PROJECT NUMBER 5526 EXHIBIT PLOnED BY: SCOTT EVANS PLOT DATE:9/8/14 PATH:D:\UTILniES DEPARTUENTXLOCATION UAPS\5526.DWG ...4.- UTIL1122 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FOXES LANDING LIFT STATION, PROJECT NO. 5526 KEH AND ASSOCIATES INC. RECITALS A. City requires the professional services of a professional engineering firm that is experienced in the design of wastewater lift stations. B. Contractor has the necessary experience in providing professional services and advice related to design of wastewater lift stations. C. 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 ^ ... ^ X * i u The ter;^73fthis 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 one (1) additional two (2) year period 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 wntten amendment indicating the effective date and length ofthe extended Agreement. 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 three hundred ten thousand three hundred twenty six dollars ($310,326). 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". City Attorney Approved Version 1/30/13 UTIL1122 6. STATUS OF CONTRACTOR Contractor will perform the Sen/ices 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 ofthe 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 ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 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 ofthis 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 City Attorney Approved Version 1/30/13 UTIL1122 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 Risk Manager 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 thatthe limits ofthe insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (ifthe 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 Emplover's Liabilitv. 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 Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials GT^ntractoVs Initials Insurance requirement is waived. 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 Commercial General Liability which shall provide primary coverage to the City. 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 ofthis 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 City Attorney Approved Version 1/30/13 UTIL1122 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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 ofthe 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 Citv For Contractor Name Mark Biskup Name Ray Fakhoury Title Associate Engineer Title Project Manager Department PW - Utilities Address 751 Rancheros Drive, Suite 9 City of Carlsbad San Marcos, CA 92069 Address 1635 FaradayAvenue Phone No. 760 798 0696 Carlsbad, CA 92008 Email rfakhoury@kehgroup.com Phone No. 760 602 2763 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. City Attorney Approved Version 1/30/13 UTIL1122 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 Sen/ices 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 ofthe requirements ofthe 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 whose services are 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 fonwarded 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. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage ofwork 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 ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 1/30/13 UTIL1122 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 ofthis 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 othenwise recover, the full amount ofthe 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 ofthe 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 seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false Information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// City Attorney Approved Version 1/30/13 UTIL1122 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behaif 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 KEH AND ASSOCIATES INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Mayor (print name/title) ATTEST: By / ^ (sign here) BARBARA ENGLESON City Clerk (print n^^lje/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ifa 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: CELIA A. BREWER, City Attorney Assistant City Attorney City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On KoOv •• . before me, iT VftViQ J Date ' Here Insert Name and Title of the Officer } ,CL—1 personally appeared Name(^) of Signer(^ MARIA LGASSAWAY I COMM. #2026088 z NoivyPtiblle-California § Motown. g«nfa>inail.»^^ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^) whose name(f) \s/arp subscribed to the within instrument and acknowledged to me that he/s0thef executed the same in his/hffr/th^fr authorized capacity(ie^, and that by his/h^fer/th^r signature(«f) on the instrument the person(0j, or the entity upon behalf of which the person($) 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 officiai seal. Signature XN>0^ V r^,%i,Q<^2'^^ OPTIONAL Though Ihe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Data: . Number of Pages:. Signer(s) Other Tiian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner—• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of tfiumb here ©2007 National Notary Association.9350 De Soto Ave., P.O.Box2402»Chatswortfi,CA 91313-2402'WWW.NationalNotary.org ltem#5907 Reorder: Call Toil-Free 1-800-876-6827 RESOLUTIONS ADOPTED BY SOLE DIRECTOR AND SHAREHOLDER OF KEH & ASSOCIATES. INC. The undersigned, being the sole Director/Shareholder of KEH & Associates, Inc., hereby adopts the fol- lowing resolution: (1) RESOLVED, that all actions heretofore taken by the Incorporator(s) of the Corporation are adopted, ratified and confirmed by this Director/Shareholder. (2) RESOLVED, that the fom of Bylaws submitted to this meeting be, and they are hereby adopted as the Bylaws of the Coiporation. (3) RESOLVED, that the following person(s) are elected to the office(s) set opposite his/her name, to assume the duties and responsibilities fixed by the Bylaws or by the undersigned as the Sole Director ofthe Corpora- tion: President: Kenneth E. Hume Vice President: Kenneth E. Hume Secretary: Kenneth E. Hume Treasurer: Kenneth E. Hume (4) RESOLVED, that the form of seal, an impression of which is hereto affixed in the margin of these minutes, is hereby adopted as the corporate seal for this corporation. (5) RESOLVED, that the specimen form of certificate is hereby approved and adopted as the certifi- cate representing the shares of this Corporation. (6) RESOLVED, that Kenneth E. Hume(treasurer) is hereby authorized to open a bank account on behalf of the Corporation with US Bank, located at 5804 Van Allen Way, Carlsbad, Califomia 92008, and the resolutions required by the said bank were adopted by the undersigned and at- tached hereto to these minutes. (7) RESOLVED, that the Corporation proceed to carry on the business for which it was incorporated. Dated: (\v:>Y>{;'i d-'^^fiooL Kenneth E. Hume Sole Director and Shareholder Exhibit A Scope of Work Foxes Landing Lift Station Replacement Project Task 1 - Project Management / IVIeetings / QA/QC KEH shall manage the project in an organized fashion to completion, including record keeping, correspondence, meetings, and presentations. KEH shall conduct all necessary coordination and review meetings with City staff for the successful completion of the project. KEH shall also perform all necessary Quality Assurance (QA) and Quality Control (QC) on all deliverable to the City as well as all design calculations. Deliverables KEH shall submit the following documents: 1. IVIeeting agenda and minutes for all meetings. 2. Monthly Budget/Schedule Status and invoicing. Task 2 - Investigations KEH shall investigate any existing geotechnical reports and surveying plans, and provide sen/ices for additional surveying and geotechnical information required to complete the lift station design. Development of base maps and geotechnical recommendations will include: 2.1 Surveying Perform field survey necessary to prepare the design drawings. All surveys will be based on City of Carlsbad furnished horizontal and vertical control monuments and values. All surveys and mapping will be delivered in AutoCAD format and in NAD '83 horizontal and NGVD '29 vertical datums, and will include ASCII point files of all survey ties made. Provide Aerial Topographical Mapping as follows: • Provide topographic mapping of the proposed lift station site. • Research available NAD '83 and NGVD '29 datum survey control monuments. 2.2 Geotechnical Investigation Perform a geotechnical investigation and prepare report forthe lift station. The report shall address soil conditions and recommendations for backfill, compaction, shoring and dewatering issues. Deliverables KEH shall submit thefollowing documents: Foxes Landing LS Replacement Project p^gg ^ • Draft Geotechnical report (3 copies & PDF) • Final Geotechnical report (3 copies & PDF) 2.3 Contaminated Soils and Groundwater Investigation KEH shall perform an assessment of groundwater quality and issues. At the proposed soils boring near the new lift station we wili perform analytical analysis to determine ifthe soils are contaminated. We wili also install one 2-inch I.D. monitoring well groundwater well at this boring for groundwater sampling. We will perform analytical analysis for soils and ground water, which will include total petroleum hydrocarbons (EPA method 8015) and Volatile Organic Compounds (EPA method 8260). We will prepare a letter report summarizing the results of the analytical sampling. Deliverables KEH shall submit thefollowing documents: • So/7s and Groundwater Analytical Testing Report (3 copies & PDF) 2.4 Preliminary Contaminated Soil and Groundwater Management Plan Depending on the results of Task 2.3 and discussion with City staff, KEH shall prepare a contaminated soils and groundwater management that will be included in the contract documents that will serve as a guide for the contractor how to handle, store, treat, and dispose of such material. De//VeroWes KEH shall submit thefollowing documents: • Draft Contaminated Soils and Groundwater Management Plan (3 copies & PDF) • Final Contaminated Soils and Groundwater Management Plan (3 copies & PDF) Task 3 - Easement Document Preparation KEH shall prepare legal documents for the acquisition of additional easement for the new lift station. It is assumed that two temporary construction easements and one permanent easement wili be required for this project. KEH shall submit thefollowing documents: • Final Plats and Legal Descriptions (1 original & PDF copy) Foxes Landing LS Replacement Project page 2 Task 4- Preliminary Design Phase 4.1 Finalize Hydraulic Analysis, Pump Selection, and Review the Need for VFD's Update as necessary, the hydraulic analysis and pump selection calculations from the alternative analysis study prepared by KEH. Re-evaluate the need and applicability of using variable frequency drives for the new submersible pumps. 4.2 identify Electrical System Improvements Perform a fieid visit and review as-buiit drawings to clearly identify all of the electrical improvements needed for the new lift station. 4.3 Finalize Temporary and Permanent Easements Requirements Confirm with the City and the adjacent property owner the exact locations and areas needed for temporary construction and permanent easements in order to complete Task 3 work. 4.4 Evaluate Existing 12-inch Force IVlain Rehabilitation Method Evaluate potential rehabilitation and replacement methods for the existing 12-inch force main. Identify a maximum of three rehabilitation and replacement methods. 4.5 Prepare Preliminary Construction Sequencing Pian In collaboration with City staff, KEH shall prepare a preliminary construction sequencing that will ensure minimal disruption to the operation of the existing lift station during the construction phase. 4.6 Prepare Draft Preliminary Design Report Prepare a draft preliminary design report incorporating the information completed in Tasks 4.1 to 4.5. The draft PDR will include an update of the preiiminary construction cost estimate in the alternative study completed by KEH. Deliverables KEH shall submit thefollowing documents: • Draft PDR (3 copies & PDF) 4.7 Prepare Final Preliminary Design Report Prepare a final preliminary design report based on the City's comments on the draft PDR. Deliverables KEH shall submit the following documents: Foxes Landing LS Replacement Project Page 3 • Draft PDR (3 copies & PDF) Task 5 - Detailed Design Phase Prepare Contract Bid Documents for the new FLLS. Contract bid documents shall include plans and specifications and will incorporate the City's front end documents. Professional disciplines involved will include civil, architectural, structural, mechanical, geotechnical, electrical, instrumentation, and landscaping as required. 5.1 Prepare the 50% Design Submittal The consultant shall prepare the plans and specification to the 50% design level. Deliverables (50% Design Submittal) KEH shall submit thefollowing documents: • 50% Design drawings size H"xl7" (5 sets) • 50% Design drawings size 24" x 36" (1 set) • 50% Cost estimate (2 sets) • 50% Design calculations (2 sets) • Table of contents for the contract specifications (CSI format) 5.2 Prepare the 90% Design Submittal KEH shall advance the 50% design package to the 90% design level. Deliverables (90% Design Submittal) KEH shall submit the following documents: • 90% Design drawings size H"xl7" (5sets) • 90% Design drawings size 24 " x 36" (2 sets) • 90% Cost estimate (2 sets) • 90% Design calculations (2 sets) • Contract specifications In CSI format (2 sets) 5.3 Prepare the 100% Design Submittal The consultant shall advance the 90% design package for the lift station to the 100% design level and incorporate all agreed upon City comments made on the 90% submittal. Deliverables (100% Design Submittal) The CONSULTANT shall submit thefollowing documents: • 100% Design drawings size H"xl7" (5 sets$ PDF) Foxes Landing LS Replacement Project Pggg ^ • 100% Design drawings size 24 " x 36" (2 sets & PDF) • 100% Contract specifications In CSI format (2 sets & PDF) • 100% Cost estimate (2 sets & PDF) • 100% Design calculations (2 sets & PDF) 5.4 Prepare the Finai Bid Package Under this task, the CONSULTANT shall advance the 100% design to the final design level. This effort will involve the preparation and delivery of the following: • Incorporate all agreed-upon City comments made on the 100% submittal, and provide a complete and final bid quality construction package, complete design drawings on Mylar. • Complete set of Contract Specifications, including o City front end documents (including Generai and Supplemental Provisions); and o Technical specifications in Construction Specification Institute (CSI) format • Construction cost estimate • Bid Schedule • Contract duration • Project Notebook containing engineering calculations and/or data for determining civil hydraulic, eiectric and structural requirements Deliverables (Final Bid Package) KEH shall submit thefollowing final design documents: • Final Design drawings, size H"xl7" (3 sets of hard copies & PDF) • Signed mylars, size 36" x 24" (1 set) • Bound set of Final Construction Specifications (2 sets) • Camera ready (unbound) Final Construction Specifications (1 set) • Electronic drawings in DWG & PDF format • Electronic construction specifications In MS Word format • Construction Cost Estimate (2 sets & PDF) • Final Project Notebook (2 hard copies & PDF) 5.5 Prepare Odor Control System APCD Permit Application KEH will prepare the APCD odor control permit to construct for the new odor controi. This includes completing the permit application, providing necessary information required for the permit, and processing the permit with the San Diego APCD. Deliverables (Final Bid Package) aBBBSBB^^BBagggBBMiaMI^^^ Foxes Landing LS Replacement Proiect ==="^^^«=sa—iMHaB^=-™^-aH^^i Page 5 KEH shall submit thefollowing final design documents: • One Copy of Completed Permit Application (1 set & PDF) Task 6 -Bid and Construction Phase Support Services Provide engineering design support through the bid advertisement and construction phases, the scope of work for Task will consist of the following items. • Attend Prebid Meeting. The City will lead the conference, prepare agenda, and prepare meeting minutes. • Prepare Bid Addendum's (A maximum of 2 are assumed) • Attend Preconstruction Conference. The City will lead the conference, prepare agenda, and prepare meeting minutes. • Review Shop Drawings Submittals • Prepare As-Built Drawings based on the Contractor's field rediine markups to design plans. Foxes Landing LS Replacement Project Page 6 M S m K E „ o « S a 2 £ £ Q. UI a: o c !i .° a '§ « jS O OT Q. ^ P ~ in c o -e IA o m X E T; o » £ « « £ £ a Ul 7 0£ o c u. o sl a* P £