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HomeMy WebLinkAbout2005 CON BDS Engineering - Sewer 22nd St RehabilitationAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. THIS AGREEMENT is entered into this 16 day of August, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BDS Engineering Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide additional civil engineering and land surveying services for the National City Sanitary Sewer Rehabilitation on 22"` Street. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in Civil Engineering design work, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 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 (120) one hundred and twenty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Friaday February 10, 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 C1TY'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, perniit, 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 CTTY'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 4 the 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 causedby 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, en -ors 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 Insuance 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. v C. Comprehensive general liability insurance, with minimum limits of S1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. 5 D. Workers' compensation insurance covering all of CONSULTANT's employees. 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) clays 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. Att rney's fees t th' prevailing party if ther than the CITY ehall, in additi n, be limited t the am unt f att rney's 'fees incurred by the CITY in its pr secuti n r defense f the acti n, irrespective f the actual amount of attorney's fees incurred by the pre-141 ng 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 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, 7 request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: 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 tern 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. 8 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. 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. 1. 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 I Kirkpatrick, Acting Di ctor of Public Works/Engineering APPROVED AS TO FORM: George H. Eiser, III City Attorney BDS ENGINEERING INC. (Two signatuiejuired) By: By: (Title) Name) (Title) 10 EXHIBIT "A" 11 'BD Engineering, Inc.. Civil Engineering Land Surveying Thomas Jones, PE, LS, Principal Gordon Axelson, PE Principal June 7, 2005 Mr. Alberto Griego Associate Civil Engineer Department of Public Works City of National City i 243 National City Boulevard National City, CA 91950 Ref: National City Sewer Interceptor Upgrading and Pump Station Rehabilitation BDS No. 04-68 Dear Mr. Griego: BDS Engineering is pleased to provide the following proposal for additional civil engineering and land surveying services. Topographic Survey Lump Sum $ 2,750 We will provide additional topographic survey for the improvements to the parking facility at the transit center at the intersection of Wilson Avenue and 22nd Street. The additional topographic survey will accommodate the redesign of the parking area to allow the closingof the Wilson Avenue and 22nd Street intersection closure. Transit Center Improvement Plans Lump Sum $ 9,750 We will provide Site, Grading, Paving and Striping plans for the modifications to the transit center for the closure of the Wilson Avenue and 22nd Street intersection. Groundwater Characterization Study We will perform a groundwater characterization study for the subject project. This study will include an estimate of the dewatering effluent quantities that may be produced during construction of the project, evaluation of expected chemical quality of the groundwater, and appropriate methods and estimated costs to treat contaminated groundwater, if encountered. 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 r.� Mr. Alberto Griego City of National City June 7, 2005 Page 2 PROPOSED CONSTRUCTION The proposed sewer main improvements will include replacing an existing 36-inch diameter vitrified clay sewer line with two 36-inch diameter PVC sewers. The new sewer lines will be constructed within the right-of-way of West 22nd Street between Wilson and Hoover Avenues in National City, a distance of approximately 960 feet. The existing ground surface along the alignment varies from i7 feet to +22 feet Mean Sea Level (MSL). A new junction box will tie the new sewers into an existing 96-inch diameter interceptor sewer at Wilson Avenue. Three cleanouts will also be constructed along the sewer alignment. At the upstream end (east) of the new sewer, the invert level will be at approximately at elevation —8 feet MSL, which is approximately 20 feet below existing grade. At the downstream (west) end of the project, the invert of the junction box will be at elevation -15 feet MSL, approximately 36 feet below existing grade. The new sewer will pass beneath a concrete box culvert, which has an invert elevation of 0.1 feet MSL and carries Paradise Creek beneath West 22nd Street. Geotechnical borings have recently been completed for the project by Geocon Incorporated (Geocon). The four borings drilled for that investigation all encountered fills immediately below the surface, varying in thickness from 5 to 9 feet. Below the fills, heterogeneous bay deposits, ranging from very soft clays to dense sands, were encountered down to the proposed sewer invert levels. These bay deposits are suspected to be alluvial or estuary sediments deposited in the historical Paradise Creek flood plain. The groundwater was recorded in the borings at elevations ranging from+8 to -6 feet MSL; however, it is suspected that the groundwater levels may not have stabilized at the time of drilling. PURPOSE OF SCOPE AND SERVICES The purpose of our groundwater characterization is to evaluate groundwater quality in the vicinity of the project, estimate the quantity of dewatering effluent during construction of the replacement sewer line, evaluate the potential need for treatment of the dewatering effluent prior to disposal, and evaluate options for disposal of treated effluent. The scope of our services will include review of available documentation describing site conditions, installationof monitoring wells, laboratory testing, engineering analyses and evaluations, and preparation of a written report. L:\PROJ ECTS\0468\Admin\Proposals\Addservices.doc Mr. Alberto Griego City of National City June 7, 2005 Page 3 Prior to installation of the monitoring well, we will review documentation to identify known contaminated sites possibly located in the vicinity of the project that may affect groundwater quality and requirements for treatment prior to disposal. We will obtain an Environmental Data Report, Inc. (EDR) Radius Map Report to identify known contaminated sites within an approximately 1-mile radius of the project. The EDR Radius Map Report is prepared by conducting a search of federal, state, and local governmental databases. We will review the results of this report in support of our characterization of groundwater quality. We will review the full Geocon geotechnical investigation report once it becomes available. We will also review published information on the area geology and other investigations in the. vicinity contained in our files. We propose to install three monitoring wells so that samples of the groundwater can be obtained and insitu tests can be performed to evaluate the permeability characteristics of the soils. The three monitoring wells would be located 1) near the proposed junction box, 2) just east of the Paradise Creek culvert, and 3) at Hoover Avenue. Traffic control for the work will be provided. The borings for the well installations will be advanced with a truck -mounted hollow -stem -auger drill rig. The monitoring wells would extend at least 10 feet below the planned invert levels. Soil samples will be taken at depth intervals of approximately 5 feet, to the maximum depth of the borings. Samples will be taken with either the modified California sampler or the Standard Penetration Test (SPT) sampler. A geologist or geotechnical engineer will prepare a log of the borings and classify the soils encountered in accordance with the Unified Soil Classification System. Once the boring is complete, we will install 2-inch diameter, factory -slotted pipe as the monitoring well. The slotted portion of the pipe will have the borehole annular space backfilled with sand. Bentonite chips will be installed in the annular space above the groundwater lewel to prevent waters infiltrating from the surface. A traffic -rated well cover will be installed at the surface of the roadway. The monitoring wells will be installed in accordance with County of San Diego requirements. The borings will also need to be permitted by San Diego County; we will apply for these permits prior to the drilling program. Approved traffic control plans are required by the County as part of this process; we will prepare traffic control plans to submit to the City for approval. Prior to advancing the borings, we will contact Underground Service Alert (USA) and request utility mark -outs. We have also assumed that will be provided with any available plans indicating existing site utilities. We cannot be responsible for damage to below ground utilities not called out by USA and/or indicated on available site plans. L:\PROJECTS\0468\Admin\Proposals'Addservices.doe Mr. Alberto Griego City of National City June 7, 2005 Page 4 County boring permit requirements prohibits using soil cutting to backfill borings. For our fee estimate, we have assumed that the soils generated from the borings would not be considered hazardous materials. We have also assumed that the drums containing the potentially contaminated soil cuttings from the test boring could be temporarily stored onsite, or at a nearby facility to be designated by the City of National City, if necessary. We will arrange for disposal of the drill cuttings. Handling and disposal of hazardous materials would be an additional cost that would be provided if contaminated materials 'were encountered in the borings. Following completion of the monitoring wells, the groundwater within the wells would be purged and developed to assure a representative sample of the groundwater (free of drilling additives) is obtained. The purged and development water will also need to be contained in drums until the results of the groundwater characterizations are received. We have also assumed that the drums containing the water generated by purging, developing and pump testing the wells (below) could be temporarily stored onsite, or at a nearby facility designated by the City of National City. After receipt of the laboratory results of the groundwatersamples documenting the chemical quality of the water, we will dispose of the development and purge water to the sanitary sewer under a batch discharge permit issued by the city. This assumes that the water quality will not exceed limits under city discharge requirements. Costs for treatment prior to discharge or off -site disposal of the water is not included in this proposal, although a unit cost for off -site disposal, if necessary, can be provided. After development and purging, groundwater samples will be collected from each of the monitoring wells and will be analyzed for the following constituents: • Petroleum hydrocarbons using EPA Method 418.1 • Volatile organic Compounds using EPA Method 8260B • Metals using EPA Method 6010B • SVOCs using EPA Method 8270C • pH using EPA Method 150.1 • Total organic carbon using EPA Method 415.1 L:\PROJECTS\0468\Admin\Proposals\Addservices.doc Mr. Alberto Griego City of National City June 7, 2005 Page 5 Samples will be analyzed at a California -certified laboratory on a normal turnaround basis (approximately 1 to 2 weeks). Based on review of the laboratory results and the EDR Radius Map Report, we will evaluate the potential need, for treatment of the dewatering effluent prior to discharge. In this evaluation we will consider the expected chemical quality of the groundwater, regulatory limits on discharge to either the sanitary sewer under a special purpose discharge permit (or to the storm sewer under an NPDES Permit if sanitary sewer disposal is not. allowed). Various treatment technologieswillbe considered to address discharge limits and costs for installation and operation, including monitoring. The soil samples obtained from the borings will be returned to our geotechnical laboratory for further classification and testing. The testing will include moisture content, dry density, and particle, size analyses. Borehole recovery tests (pump out tests) will be performed in the monitoring wells to estimate the permeability of the subsurface materials. The recovery tests will be performed using a small diameter submersible pump, to pump groundwater from the borings. The rate of groundwater recovery will then be monitored with a transducer placed at the bottom of the well. The water level recovery data is collected with a field data logger, which is then downloaded for data analysis. The pumped water will also need to be contained in drums until the results of the groundwater characterizations are received. We will use a numerical model (SEEP\W) to provide an estimate of dewatering quantities needed to facilitate construction. Hydrogeologic parameters will be estimated based on the results of the borehole recovery tests and the soil types encountered within the borings. It is our understanding that construction will be completed within 2 months. Based on the groundwater quality data, we will screen various technologies to identify the most cost effective means of treating the extracted groundwater. We will also prepare a schematic diagram to describe the selected water treatment technology, and, develop an estimate of costs for installation and operation of the treatment system. Permitting requirements for the installation and operation will be identified, including discharge of the treated water effluent. The results of our groundwater characterization study will be documented in a written report. ESTIMATED SCHEDULE AND FEES We can begin preparing traffic control plans for submittal with the permit application for the borings immediately upon your authorization to proceed with the investigation. The County typically requires two weeks to process the permit. We estimate that we would complete the installation of the monitoring wells in three to four days. Laboratory testing would be completed two weeks after completing the field explorations. We anticipated that we will be able to provide a draft report for your review within 8 weeks of your authorization to proceed. LAPROJECTS1046E WdminTroposalsW ddservices.doc /0 Mr. Alberto Griego City of National City June 7, 2005 Page 6 A breakdown of the Groundwater Characterization Study is as follows: Task No. Task Estimated Fee 1 Field Explorations $38,390 2 Laboratory Testing $4,730 3 Engineering Evaluations and Analyses $17,380 4 Report Preparation $15,620. Total Estimated Fee $76,120 Summary of Fees Topographic Survey Transit Center Improvement Plans Groundwater Characterization Study The above fees do not include the. following: Lump Sum $ 2,750 Lump Sum $ 9,750 Lump Sum $76,120 Total Fee $88,620 • 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. L:\PROJ❑CTS\0468\Admin\Proposals\Addservises.doc l7 Mr. Alberto Griego City of National City June 7, 2005 Page 7 If you have any questions, please do not hesitate to call. Very truly yours, BDS Engineering, Inc. Civil Fine ordon K. Axelson GKA:vc LVPROJECTSV0468VAdminAPmposalsAAddsecvices.doe City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 16, 2005 AGENDA ITEM NO. 8 (-ITEM TITLE A resolution approving a supplemental agreement for additional civil engineering design services with BDS Engineering, Inc. in the amount of $88,620 for the National City Sanitary Sewer Rehabilitation on 22nd Street and authorizing the City Engineer to sign the agreement. PREPARED BY Joe Smith/Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. 4587 CEnvironmental Review N/A x MIS Approval Financial Statement This agreement is for a "Not to Exceed" amount of $88,620. Funds are available in Account No. 125-409-500-598-2014. yae Approved By: Financ r ector 401-3-4,1744 Account No. STAFF RECOMMENDATION Adopt the Resolution sa-t BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) to20 —// Resolution No. ,,2 OS -,'7,' 1. Resolution 2. Agreement 3. Exhibit "A" Proposal from BDS Engineering, Inc. A-200 (Rev. 7/03) bdsuplm RE: A resolution approving a supplemental agreement for additional civil engineering design services with BDS Engineering, Inc. in the amount of $88,620 for the National City Sanitary Sewer Rehabilitation on 221 Street and authorizing the City Engineer to sign the agreement. EXPLANATION: On October 5, 2004 by City Council Resolution No. 2004-192 a supplemental agreement with BDS Engineering, Inc. was approved in the amount of $113,200 to provide civil engineering design services for the National City Sanitary Sewer System and the Sanitary and Storm Drain Pump Station Rehabilitation. The civil engineering design services consists of design for a new double barrel (2) 36" sewers that can cairy up to 6.5 million gallons per day and connect to the South Bay Metropolitan Interceptor Sewer, which carries flows of the South Bay Cities to the Point Loma Wastewater Treatment Plant. The existing sewer is presently carrying 5 2 million gallons per day and is at the end of its useful life. Geotechnical borings have been recently completed for the project by Geocon Incorporated at Wilson Ave. and 22nd Street. The four borings drilled encountered fills immediately below the surface, varying in thickness from 5 to 9 feet. Groundwater was also encountered at all borings from 12 to 26 feet in depth. To construct the sewer it will be necessary to dewater the construction site. This water would be disposed of by depositing it in the existing City of San Diego Interceptor sewer. To do this it will be necessary to have a groundwater characterization study made to evaluate the effluent quantities that may be produced during the construction of the project, evaluation of expected chemical quality of the groundwater, and appropriated methods and estimated costs to treat contaminated groundwater, if encountered. This is a requirement of the City of San Diego Wastewater Division. Also, the parking area for the 24`h Street Transit Center will be redesigned to allow closing of Wilson Avenue at W. 22nd Street. Additional plans for topographic survey, site, grading, paving and traffic stripping for the modifications to the Transit Center will be provided. Staff has considered this firm to provide the engineering design services for this project. BDS is presently providing services for this project. BDS is also familiar with the City's design engineering requirements. The proposed scope of work for the additional engineering services will include the complete Topographic Survey and Transit Center Improvement Plans. The Groundwater Characterization Study will include Field Explorations, Laboratory Testing, Engineering Evaluations and Analyses and Report Preparation. Based upon the staff's 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 an Additional 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 $ 88,620. RESOLUTION NO. 2005 — 175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AN AGREEMENT WITH BDS ENGINEERING, INC., IN THE AMOUNT OF $88,620 TO PROVIDE CIVIL ENGINEERING AND LAND SURVEYING SERVICES FOR THE NATIONAL CITY SANITARY SEWER REHABILITATION ON 22ND STREET BETWEEN HOOVER AVENUE AND WILSON AVENUE WHEREAS, the City desires to employ a contractor to provide additional civil engineering and land surveying services for the sanitary sewer rehabilitation on 22"d Street between Hoover Avenue and Wilson Avenue; 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 such 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 City Engineer to execute a supplemental agreement in the amount of $88,620 with BDS Engineering, Inc. to provide civil engineering and land surveying services for the sanitary sewer system and the sanitary sewer rehabilitation on 22" Street between Hoover Avenue and Wilson Avenue. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. ATTEST: Mi ael Dal a, y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 16, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California A City Clerk of the C y"of Jational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-175 of the City of National City, California, passed and adopted by the Council of said City on August 16, 2005. City Clerk of the City of National City, California By: Deputy