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HomeMy WebLinkAbout2004 CON BDS Engineering - Sewer and Storm Drain Station RehabilitationORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. THIS AGREEMENT is entered into this 21 day of September, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BDS Engineering Inc. (the "CONTRACTOR"). engineering specializing perform the services. FOLLOWS: RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide design and construction documents for sewer and pump station rehabilitation. WHEREAS, the CITY has determined that the CONTRACTOR is a firm in Civil Engineering design work, and is qualified by experience and ability to services desired by the CITY, and the CONTRACTOR is willing to perform such NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR Gordon Axelson, P. E., Principal thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (150) one hundred and fifty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Wednesday, April 27, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY' s employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR' s employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 3 of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. is 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 6 Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 7 To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 Gordon K. Axelson Principal BDS Engineering, Inc. 6859 Federal Boulevard Lemon Grove, CA 91945-1315 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 8 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Stephen M. Ki k atrick, Acting Directo of Public Works/Engineering APPROVED AS TO FORM: difspt George H. Eiser, III City Attorney BDS ENGINEERING INC. (Two signatu equired) By: (Name) (Title) (Name (Title) 10 EXHIBIT "A" 11 !RUC CEniginEeeringi, Inc.. Civil ngineerng Land Surveying Thomas Jones, PE, IS, Principal Gordon Axelson, PE Principal August 31, 2004 Mr. Alberto Griego Associate Civil Engineer Department of Public Works City of National City 1243 National City Boulevard National City, CA 91950 Ref: National City Sewer Interceptor Upgrading and Pump Station Rehabilitation Dear Mr. Griego: BDS Engineering is pleased to provide the following proposal for civil engineering and land surveying services. We will provide the design and construction documents to rehabilitate the following sewer and storm drain stations. The rehabilitation will include the replacement of pumps, motors, controls, emergency power connections and alarm systems. Scope of Work A. Review and evaluate pumping station hydraulics under various suction and discharge conditions, including net positive suction head available and required pump discharge piping configurations to optimize the pumping, capacities. B. Provide standby pumping unit with capacity equal to or greater than the largest duty unit of pump, motor and controls. C. Provide design for connection of standby power. D. Provide design for a telemetry alarm system (SCADA) for the following conditions: • Power Failure • Pump Failure • High Wet Well Level • Flooded Dry Well • Leak Detection 6 8 5 9 Federal Boulevard Lemon Grove, California 9 1 9 4 5- 1 3 1 5 619-582-4992 Fax 619-582-7428 Established 1973 M:\SERIALSERIAL711518.doc Mr. Alberto Griego City of National City August 31, 2004 Page Two Unless otherwise noted, existing as-builts will be used to develop the backgrounds of the existing pump station structures, pumps, controls and electrical schematics. It is assumed that the pumps and equipment recommended to replace the existing facilities will fit in the existing pump station and modification or replacement of the pump station structures will not be required. We also assume that all necessary utilities are available at or adjacent to the sites and have the required capacities to accommodate the proposed improvements. Recommended Improvements: 1) New Gould Pumps at 80% efficiency minimum 2) New Motors 3) New Electrical Power System 4) New Electrical Controls 5) New SCADA system Pump Station Locations Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th and 1-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station 33" Sewer Main upgrade We will provide a Topographic Survey, Construction Study, Geotechnical Investigation, Construction Drawings, coordination with the City of San Diego and necessary documentation to replace the existing 33" sewer main in 22nd Street extending from Hoover to the City of San Diego's 96" South Metro Interceptor Sewer. The replacement of this section of sewer main is required to upsize the existing pipe and to mitigate the negative flow condition. The depth of flow line is anticipated to be approximately 15 feet at the easterly end. and 35 feet at the. connection to the Metro Interceptor Sewer. The new system will consist of an oversized manhole connection to accommodate the connection of up to 2-36" diameter PVC pipes, which will then extend westerly under Paradise Creek and connect to a new 35' Deep connection vault to be constructed around the existing Metro Interceptor Sewer. M:\SERIALISERIALT1518.doc Mr. Alberto Griego City of National City August 31, 2004 Page Three Study A study will be provided to determine the best option for constructing the proposed improvements. Based on our meetings with City staff the following are the options to be reviewed for the construction of the proposed improvements: • Conventional Cut and Cover • Jack and Bore Pits • Tunneling The Study to determine the best option for constructing the improvements will include soil conditions, impact to surrounding businesses and existing sewer facilities, access and cost. Public Improvement plans will be done which will include Title Sheet, Plan and Profile Plans, Details Sheets and Structural Calculations. Soils The Geotechnical Investigation will include reviewing published geologic maps, aerial photographs, and other literature pertaining to the site to aid in evaluating geologic hazards that may be present. We will also provide 6 small -diameter borings to depths ranging from approximately 30 feet to 50 feet in depth to examine and sample the prevailing soil conditions encountered and to measure. depths to groundwater. Laboratory tests on selected soil samples will be performed to evaluate in situ density, shear strength, consolidation, compaction and expansion characteristics of the prevailing soil conditions encountered. A written report will be prepared presenting the findings, conclusions and recommendations regarding the Geotechnical aspects of constructing the new sewer main as proposed. Recommendations pertaining to temporary slopes, shoring for jack and bore pits; soil information to assist in evaluation of tunneling, and compaction specifications for backfill will be included in the report. M: VSERIALISERIAL7\I518.doc Mr. Alberto Griego City of National City August 31, 2004 Page Four Fees Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th.and I-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station Sewer Main Upgrade Topographic Survey Geotechnical Report Construction Analysis Improvement Plans S WPPP Total Fees The above fees do not include the following: Lump Sum $15,750 Lump Sum $11,500 Lump Sum $ 9,750 Lump Sum $13,750 Lump Sum $ 3,500 Lump Sum $12,500 Lump Sum $ 5,500 Lump Sum $36,750 Lump Sum $ 4,200 $113,200 • Public Agency Fees • Construction Staking, etc: • Boundary Survey/ Record of Survey • Right of Way Dedications/Vacations, etc • Title Report, Deeds, etc. • Environmental Remediation • Documentation for "General Construction Activity Storm Water Pollution & Prevention Plan" and `Notice of Intent" • Underground Utility Locator Service • Overnight Mail, delivery services, etc. If youhave any questions, please do not hesitate to call. Very truly yours, BD ring, ordon K. Axelson GKA:vc MISERIALISERIAL7\I51 B.doc F3 BDS Engineering, Inc. History Bement-Dainwood-Sturgeon, Civil Engineers, was established in 1973 by James D. Bement, John F. Dainwood and Kent L. Sturgeon (all since have retired). These three principals brought to the firm a diverse and varied background consisting of experience in civil design, municipal engineering, construction inspection, construction administration, surveying and materials engineering. In 1997, the remaining original founder retired and the firm changed its name to BDS Engineering, Inc. BDS is a small business enterprise located in Lemon Grove. It employs 24 people, which include registered engineers, designers, CADD operators, surveyors, technical specialists and administrative support personnel. The company was selected in 2001, through a Request For Qualifications, coming from our need for dependent competent engineering services and was selected as one of the two firms to offer on call engineering support to National City. Civil Engineering Design and Support A full range of general civil engineering services is provided by BDS Engineering, Inc. These include primarily • Grading Plans • Sewer Systems • Water Systems • Street Improvements • Construction Inspection ♦ ♦ • • • Drainage Improvements Construction Documents Surveying Contract Administration Computer Aided Design and Drafting BDS currently serves as City Engineer and engineering staff for the City of Imperial Beach, Ca. Our contact is Mr. Gordon Axelson, P.E., Principal who is experienced with the requirements of a Public Works/Engineering organization and has been managing the services provided to the City of National City during the last 4 years. He has been responsible for the supervision of design, project management and contract administration of major public projects with clients such as the City of San Diego, City of Imperial Beach, City of Coronado, City of Lemon Grove, City of La Mesa, City of Chula Vista, the Port of San Diego and the City Of National City. 13 Engineering, Inc.. Civil Engineering Land Surveying Thomas Jones, PE, LS, Principal Gordon Axelson, PE Principal August 31, 2004 Mr. Alberto Griego Associate Civil Engineer Department of Public Works City of National City 1241 National City Boulevard National City, CA 91950 Ref: National City Sewer Interceptor Upgrading and Pump Station Rehabilitation Dear Mr. Griego: BDS Engineering is pleased to provide the following proposal for civil engineering and land surveying services. We will provide the design and construction documents to rehabilitate the following sewer and storm drain stations. The rehabilitation will include the replacement of pumps, motors, controls, emergency power connections and alarm systems. Scope of Work A. Review and evaluate pumping station hydraulics under various suction and discharge conditions, including net positive suction head available and required pump discharge piping configurations to optimize the pumping capacities. B. Provide standby pumping unit with capacity equal to or greater than the largest duty unit of pump, motor and controls. C. Provide design for connection of standby power. D. Provide design for a telemetry alarm system (SCADA) for the following conditions: • Power Failure • Pump Failure • High Wet Well Level • Flooded Dry Well • Leak Detection 6 8 5 9 Federal Boulevard Lemon Grove , California 619-582-4992 Fax 619-582-7428 Established 1973 M. \S ERIALS ERIAL7\ 1518. doc 91945-1315 Mr. Alberto Griego City of National City August 31, 2004 Page. Two Unless otherwise noted, existing as-builts will be used to develop the backgrounds of the existing pump station structures, pumps, controls and electrical schematics. It is assumed that the pumps and equipment recommended to replace the existing facilities will fit in the existing pump station and modification or replacement of the pump station structures will not be required. We also assume that all necessary utilities are available at or adjacent to the sites and have the required capacities to accommodate the proposed improvements. Recommended Improvements: 1) New Gould Pumps at 80% efficiency minimum 2) New Motors 3) New Electrical Power System 4) New Electrical Controls 5) New SCADA system Pump Station Locations Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th and I-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station 33" Sewer Main upgrade We will provide a Topographic Survey, Construction Study, Geotechnical Investigation, Construction Drawings, coordination with the City of San Diego and necessary documentation to replace the existing 33" sewer main in 22nd Street extending from Hoover to the City of San Diego's 96" South Metro Interceptor Sewer. The replacement of this section of sewer main is required to upsize the existing pipe and to mitigate the negative flow condition. The depth of flow line is anticipated to be approximately 15 feet at the easterly end and 35 feet at the connection to the Metro Interceptor Sewer. The new system will consist of an oversized manhole connection to accommodate the connection of up to 2-36" diameter PVC pipes, which will then extend westerly under Paradise Creek and connect to a new 35' Deep connection vault to be constructed around the existing Metro Interceptor Sewer. M:\SERIAL\SERIAI 7\1518. doc Mr. Alberto Griego City of National City August 31, 2004 Page Three Study A study will be provided to determine the best option for constructing the proposed improvements. Based on our meetings with City staff the following are the options to be reviewed for the construction of the proposed improvements: • Conventional Cut and Cover • Jack and Bore Pits • Tunneling The Study to determine the best option for constructing the improvements will include soil conditions, impact to surrounding businesses and existing sewer facilities, access and cost. Public Improvement plans will be done which will include Title Sheet, Plan and Profile Plans, Details Sheets and Structural Calculations. Soils The Geotechnical Investigation will include reviewing published geologic maps, aerial photographs, and other literature pertaining to the site to aid in evaluating geologic hazards that may be present. We will also provide 6 small -diameter borings to depths ranging from approximately 30 feet to 50 feet in depth to examine and sample the prevailing soil conditions encountered and to measure, depths to groundwater. Laboratory tests on selected soil samples will be performed to evaluate in situ density, shear strength, consolidation, compaction and expansion characteristics of the prevailing soil conditions encountered. A written report will be prepared presenting the findings, conclusions and recommendations regarding the Geotechnical aspects of constructing the new sewer main as proposed. Recommendations pertaining to temporary slopes, shoring for jack and bore pits, soil information to assist in evaluation of tunneling, and compaction specifications for backfill will be included in the report. M: \ SERIAL \SERIAL7\ 1518. doc Mr. Alberto Griego City of National City August 31, 2004 Page Four Fees Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th and I-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station Sewer Main Upgrade Topographic Survey Geotechnical Report Construction Analysis Improvement Plans S WPPP Total Fees The above fees do not include the following: Lump Sum $15,750 Lump Sum $11,500 Lump Sum $ 9,750 Lump Scum $13,750 Lump Sum $ 3,500 Lump Sum $12,500 Lump Sum $ 5,500 Lurnp Sum $36,750 Lump Sum $ 4,200 $113,200 • Public Agency Fees • Construction Staking, etc. • Boundary Survey/ Record of Survey • Right of Way Dedications/Vacations, etc • Title Report, Deeds, etc. • Environmental Remediation • Documentation for "General Construction Activity Storm Water Pollution & Prevention Plan" and "Notice of Intent" • Underground Utility Locator Service • Overnight Mail, delivery services, etc. If you have any questions, please do not hesitate to call. Very truly yours, BD ordon K. Axelson GKA:vc M:\SERIAL\SER1AL7\1518.doc BDS Engineering, Inc. History Bement-Dainwood-Sturgeon, Civil Engineers, was established in 1973 by James D. Bement, John F. Dainwood and Kent L. Sturgeon (all since have retired). These three principals brought to the firm a diverse and varied background consisting of experience in civil design, municipal engineering, construction inspection, construction administration, surveying and materials engineering. In 1997, the remaining original founder retired and the firm changed its name to BDS Engineering, Inc. BDS is a small business enterprise located in Lemon Grove. It employs 24 people, which include registered engineers, designers, CADD operators, surveyors, technical specialists and administrative support personnel. The company was selected in 2001, through a Request For Qualifications, coming from our need for dependent competent engineering services and was selected as one of the two firms to offer on call engineering support to National City. Civil Engineering Design and Support A full range of general civil engineering services is provided by BDS Engineering, Inc. These include primarily ♦ Grading Plans ♦ Sewer Systems ♦ Water Systems ♦ Street Improvements ♦ Construction Inspection ♦ Drainage Improvements ♦ Construction Documents • Surveying • Contract Administration • Computer Aided Design and Drafting BDS currently serves as City Engineer and engineering staff for the City of Imperial Beach, Ca. Our contact is Mr. Gordon Axelson, P.E., Principal who is experienced with the requirements of a Public Works/Engineering organization and has been managing the services provided to the City of National City during the last 4 years. He has been responsible for the supervision of design, project management and contract administration of major public projects with clients such as the City of San Diego, City of Imperial Beach, City of Coronado, City of Lemon Grove, City of La Mesa, City of Chula Vista, the Port of San Diego and the City Of National City. City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 15, 2004 Gordon K. Axelson, Principal BDS Engineering Inc 6859 Federal Blvd Lemon Grove CA 91945-1315 Dear Mr. Axelson, On October 5, 2004, Resolution No. 2004-192 was passed and adopted by the City Council of the City of National City, authorizing the Acting Director of Public Works / Engineering to execute a Supplemental Agreement with BDS Engineering, Inc. We are forwarding a certified copy of the above Resolution and one fully executed Supplemental Agreement. Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Public Works / Engineering File No. C2001-14 0, Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT October 5, 2004 ,AEETING DATE AGENDA ITEM NO. 15 ITEM TITLE A Resolution approving a supplemental agreement with BDS Engmeenng, Inc. to provide the Ci y with civil engineering design services in the"Not to Exceed" amount of $113,200 for the National City Sanitary Sewer System and the Sanitary and Storm Drain Pump Station Rehabilitation, and authorizing the Acting Director of Public Works/Engineering to execute the agreement Joe Smith/Alberto Griego Public Works/Engineering PREPARED BY DEPARTMENT 336 4587/336 4386 EXPLANATION See attached ( Environmental Review X N/A Financial Statement This agreement is for a "Not to Exceed" amount of $113,200.00 Funds are available in Account Number 125-409-500-598-2014. Approved By: Fina Account No. e Director STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement Resolution No. 3. Exhibit "A" Proposal from BDS Engineering, 4. Company History and Contact bdssewer A-200 (9'99) EXPLANATION: At the most westerly end of the Plaza Boulevard Interceptor Sewer trunk is an existing 33" sewer line that runs from Hoover Avenue along 22nd Street and connects National City, through a flow metering system, to the South Bay Metropolitan Interceptor Sewer located on Wilson Avenue. This interceptor that belongs to the City of San Diego, carries the flows of the South Bay Cities to the Point Loma Wastewater Treatment Plant. This 33" sewer line handles about 5.3 million gallons of raw sewage from National City per day. This segment of sewer is difficult to maintain due to the water flowing full at all times and at a slow velocity because of the configuration of the sewer line and the flow metering chamber. Its design capacity is insufficient to carry today's sewer flow volume. In its original design it includes a series of turns that also add to losses in capacity and velocity. In the event that this sewer fails it would be spilling 3,700 gallons of raw sewage per minute in to the Paradise Creek or through a storm drain to the ocean causing extensive damage to the environment. If this should ever occur, the system cannot be shut off or hold the water back, due to the large amount of sewer water. Also, there are 4 sewer and stoun drain pump stations that belong to the City. They are all in need of mechanical and electrical equipment rehabilitation. The mechanical equipment, such as pumps, have exceeded its normal useful life expectancy and is in need of replacement. Its electrical layouts are old and not up to code, the existing alarm system has failed and cannot be repaired due to the inaccessibility of replacement parts. This alarm system is critical as it alerts the City in case of power failure, pump failure or water leakage. In an emergency, such as a loss of electricity, there is no connection for an external electrical generator, which could result in sewage spills. The civil engineering design services consist of design and construction documents for a new double barrel (2) 36" sewers. This new sewer will start at the intersection of 22nd Street and Hoover Street, going straight along 22nd Street and under an existing box culvert crossing Paradise Creek and continuing to join the South Bay Metropolitan Interceptor Sewer on Wilson Street. A soils study will be provided to select the best option for construction of these improvements. The engineering project for rehabilitation of the mechanical and electrical equipment of the pump stations will consist of reviewing and evaluating the hydraulics of the existing pumps to increase their efficiency, which saves energy, through a new design of pumps and standby pumps, to upgrade to the latest code the electrical system and provide a new alarm for continuous telemetry monitoring of the stations. The estimated cost for construction is approximately $2.5 million. Funds are available in account number 125-409-500-598-2014. On January 5, 2001 the City of National City issued a Request for Qualifications seeking two Civil Engineering Consultants to perform Civil Engineering Services for the various Capital Improvement Projects. We received statements from eleven qualified firms of which BDS Engineering was selected as one of the most qualified by experience and A-200 ability to perform the required services. On April 17, 2001 the City Council issued Resolution No. 2001-15 authorizing the Mayor to execute a multiyear contract with this company. Attached is a brief biography of BDS Engineering. Staff has considered this firm to provide the engineering design services for this project. BDS has recently completed the inspection of National City Blvd from 14th Street to 18th Street project. BDS is also familiar with the City's design engineering requirements. The engineering services will include the complete design and construction documents to design the new sewer and the rehabilitation of the pump stations. Based upon the staffs request, BDS has a proposed scope of work, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope of work is consistent with the City's engineering design needs. The work can be accomplished through a Supplemental Agreement to the existing "As - needed" contract. The final scope of work is attached as part of the Supplemental Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal (Exhibit "A") is a "Not to Exceed" amount of $ 113,200. A-200 RESOLUTION NO. 2004 — 192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH BDS ENGINEERING, INC. TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES IN THE "NOT TO EXCEED" AMOUNT OF $113,200 FOR THE NATIONAL CITY SANITARY SEWER SYSTEM AND THE SANITARY AND STORM DRAIN PUMP STATION REHABILITATION WHEREAS, the City desires to employ a contractor to provide civil engineering design services for the sanitary sewer system and the sanitary and storm drain pump station rehabilitation; and WHEREAS, the City has determined that BDS Engineering, Inc. is a engineering firm specializing in civil engineering design and is qualified by experience and ability to perform the services desired by the City, and BDS Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to execute a supplemental agreement with BDS Engineering, Inc. to provide civil engineering design services for the sanitary sewer system and the sanitary and storm drain pump station rehabilitation in the "Not to Exceed" amount of $113,220. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2004. ATTEST: Mich, ity el R. Dalla Clerk APPROVED AS TO FORM: George H. iser, III City Attomey Passed and adopted by the Council of the City of National City, California, on October, 5, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Ci Clerk of the Cit of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-192 of the City of National City, California, passed and adopted by the Council of said City on October 5, 2004. City Clerk of the City of National City, California By: Deputy