Loading...
HomeMy WebLinkAbout2006 CON Infrastructure Engineering - Design Upsize SewerAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INFRASTRUCTURE ENGINEERING CORPORATION THIS AGREEMENT is entered into this 21 st day of November, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Infrastructure Engineering Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform engineering design for the Upsizing of Existing Gravity Sewer Mains. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in engineering 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 thc 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 thc 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 thc 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. Rob Weber, Project Manager/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 hooks, 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 thc CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (180) one hundred and eighty working days from the date thc agreement is entered. Therefore the final report shall be submitted no later than Wednesday, August 27, 2007. 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 of this Agreement, any license, permit, or approval which is legally required for thc 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 thc 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 he 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 purchasc 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. 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other polities 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. 1. 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 S25,000, 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 he 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 d.ay 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 chutc, 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: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Preston Lewis President Infrastructure Engineering Corporation 14271 Danielson St. Poway, CA 92064 Notice of change of address shall he 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 m.ay 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 Fce 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 arc 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: Mayor APPROVED AS TO FORM: George H. Eiscr, III City Attorney INFRASTRUCTURE ENGINEERING CORPORATION. (Two signatures required) /ate ( itle) By: 7-7te.e" crt S. Weber Pi2) ck_ (Title) 10 EXHIBIT "A" 11 EXHIBIT A SCOPE OF SERVICES ENGINEERING DESIGN FOR UPSIZING OF EXISTING GRAVITY MAINS CITY OF NATIONAL CITY, CA PROJECT UNDERSTANDING AND APPROACH The City of National City recently completed a Downtown Specific Plan (DSP) Utilities Impact Report. The DSP identified several existing gravity mains that will require upsizing. Table 4-11 of the DSP provides a summary of the reconunended gravity main capital improvement program. The pipes ro be upsized range in size from 8-inch diameter to 33-inch diameter with the total linear footage of pipe to be upsized of approximately 11,500 ft. There will be three Caltrans crossings (Pipe ID's 5, 94/99, and 108). Pipe 108 also involves a railroad crossing. Pipes 5 and 108 will likely need to be bore and jack crossings of the Caltrans/Railroad right of way. The remainder of the alignments appear to be within City streets/right of way. SCOPE OF SERVICES The scope of services will be divided into phases; Phase 1 — Preliminary Design, Phase II — Final Design, and Phase III — Bid Phase Assistance. The City as a separate task may consider a subsequent phase, Phase IV — Services During Construction. PHASE I — PRELIMINARY DESIGN Task 1— Project Management and Administration Project management and administration will consist of schedule maintenance, development and submittal of written monthly progress reports, monthly progress meetings, and general project coordination between the City, TEC, and other agencies including the Caltrans and the Navy. Task 2 — Data Collection/Utility Research This task will include collection of pertinent data such as record drawings for the following utilities in the project area: existing Gravity mains, gravity mains, water/recycled water transmission and distribution lines, storm drains, gas, electric, phone, cable, and fiber optics. Upon project authorization, we will contact Underground Service Alert (USA; and initiate a pre -project planning request ro identify agencies with utilities in the project area. Based on the USA pre -project planning data, we will contact the identified agencies and request utility information for the project areas. A database will be developed to track correspondence with utility agencies. This database will be maintained throughout the project and will be used as a resource for coordinating conflict checks by the agencies at appropriate project milestones. Task 3 — Develop Gravity Main Upsizing and Replacement Alternatives Based on the information developed in Task 2, we will evaluate each alignment and develop initial replacement alternatives. Considerations will include the need to keep the existing sewer system in service, adjacent utilities, easement or right of way constraints, traffic control, permitting, cost, and anticipated construction schedule. We will evaluate the potential to upsize the existing pipelines by pipe bursting or pipe reaming or whether a parallel alignment is appropriate. Phis effort will be based on use of available information such as 40-scale mapping or Geographical Information System (GIS) data if available from the City or commercially available aerial photography were appropriate. Utility information will be evaluated and preliminary cross sections plotted where necessary. 1'agc1of3 Task 4 — Prepare Preliminary Design Report Using the information developed as part of Tasks 1, 2, 3, and 4, a brief but sufficiently detailed Preliminary Design Report (PDR) will be prepared. The goal of the PDR will be to recommend replacement alternatives for the existing gravity mains and to develop project phasing and prioritize the recommended improvements for subsequent final design activities. The PDR will be prepared in a report format and will contain graphics and tables to support the findings and conclusions. Four (4) copies of the PDR will be provided to the City in draft form for review and comment. Following incorporation of City comments, the PDR will be finalized and six (6) final copies provided. PHASE II — FINAL DESIGN Task 5 — Surveying and Mapping Aerial or field design survey will be prepared for the improvements as recommended in Phase I. Base mapping will be prepared at a scale of 1 inch equals 40 ft and will include 1 ft contour interval, existing right of way, easements, and property lines along each alignment. The mapping will pick up edge of pavement, valve cans, manhole rims, and other applicable surface features. For the purposes of this proposal we have assumed at this time that new mapping will be developed for the purposes of design. If existing mapping suitable for design is available from the City, the scope of this task can be reduced accordingly. Task 6 — Geotechnical Investigation A geotechnical investigation will be performed to characterize subsurface conditions at key locations along the overall alignments. This will consist of shallow soil borings performed at an approximate frequency of 1 for every 1,000 ft of pipeline, with two proposed for each side of the potential bore and jack crossings. The geotechnical investigation will provide data to evaluate the suitability of pipe bursting or pipe reaming as a construction method to perform the upsizing. Task 7 — Permitting and Coordination This task will consist of development of permit applications for the project. Anticipated permits include utility construction and local coastal program, tunnel classification from the Bureau of Mining and 'Funneling (trenchless crossings only), and encroachment permits (3) from Caltrans. Task 8 — Prepare Plans, Specifications, and Cost Estimates Based on the recommended project alignments identified in Phase I, we will prepare bid ready plans and specifications the project. Plans will be prepared based on City standard requirements and depict the proposed pipeline plan, profile, parallel and crossing utilities, surface features, and right of way. Traffic control plans will he prepared to indicate required traffic control measures. It is anticipated that traffic control submittals will need to be made to the City. Milestone submittals will be provided to the City at 50%, 90 /0, 100° 0, and final stages of completion. Project phasing will be determined in the PDR; however, for the purposes of this proposal we arc assuming the portions in City right of way will go out under one bid package and the portions requiring Caltrans or other agency approval will go out under a separate bid package, in the interest of time, if the permitting process is lengthy. Each plan set is anticipated to consist of: Title sheet (1) I vgend, abbreviations, and notes (1) General notes (1) Sewer plan and profile (specific number per package TBD) 'traffic control plans (specific number per package TBD) Page 2of3 The total sheet count is anticipated to range from 35 to 45 depending on the scale at which the plan and profile sheets are ultimately prepared at. In some cases, 40 scale sheets (and therefore 800 to 1,000 ft per sheet) will be sufficient. However, for some of the alignments, and in particular those that are small or perhaps the Caltrans crossings, preparation of plan sheets at 20 scale may be appropriate in order to adequately view the right of way and adjacent utilities. Technical specifications will be prepared using construction specification institute (CSI) standard format and City Standard Specifications. The final specifications will be included within a Contract Documents book using City standard front-end specifications. Construction cost estimates will be prepared and submitted along with each milestone submittal identified above. The Contract Documents will be structured to require minimum bidder qualifications to be stated in the bid. This may include a minimum experience requirement or similar statement of qualifications required for submittal with the bid. Upon final City review and approval of the plans and specifications, the plans will be plotted on mylar and signed by the Engineer of Record and the package made ready for advertisement and bid. PHASE III — BID PHASE Task 9 — Bid Phase Services Bid phase services will include attendance at the pre -bid meeting (including agenda and minutes), responses to questions submitted during the bid phase, tabulation and review of bids for conformance and responsiveness to the Contract Documents, reference checks for the successful bidder, and written recommendation to the City for award of the project. PROJECT SCHEDULE The proposed project schedule is outlined in Attachment B. PROJECT FEE 1'he estimated project fee, as itemized by task, is provided as Attachment C. Please note that the budgets for survey and mapping, geotcchnical investigation, and traffic control plans represent planning level estimates at this time. P.y;r 3 of 3 Engineering Design Services for Upsizing of Existing Gravity Mains CITY OF NATIONAL CITY PROJECT SCHEDULE ID Task Name 1 Duration i Start ' Finish i 1 2 3 4 -- Notice to Proceed PHASE I - PRELIMINARY DESIGN Task 2 - Data Collection/tiny Research Task 3 - Develop Initial Replacement � 0 days Mon 11/27/08 Mon 11/27/08 56 days Mon 11/27/06 Fri 2/5/07 2 wks Mon 11/27/08 Fri 12/8/08 Od r Nov Doc Jan —Feb I Mar AP..J MaJun_ 1- Ju1�-Au�J ♦ 11rn vs I I - and Upslzir 3 wits Mon 12/11/06 Fri 12/29/08 • I 5 Task 4 - Prepare Preliminary Design Report 3 was Mon 1/1 /07 Fri 1/19/07 . City Review and Comment 2 was Mon 1/22/07 Fri 212107 7 Finalize FOR 1 vNc Mon 2/5/07 Fri 219/07 8 ---9 PHASE I - FINAL DESIGN 108 days Mon 1/22/07 Wed 6/20107 10 1 Task 5 - Surveying & Mapping II 1/22 1] 6/20 4 wks Mon 2/12/07 Fri 3/907 ' 11 Task 8 - Geobdmical Investigation 3 wiw Mon 1/22/07 Fri 2/9/07 1 12 Task 7 - PenNOkg 4 *Its Mon 122/07 Fri 2/18/07 13 Task 8 - Prepare Plans, Specs, & Estimate 73 days Mon 3/12/07 Wed 8/20/07 14 50% PS&E 3/12 8/20 3 irks Mon 3/12/07 Fri 3/30/07 15 18 1 City Review & IEC QANQC Review 2 Wm Mon 42/07 Fri 4/13/07 Potholing (1 necessary/approved by City) 3 wks Mon 4/18/07 Fri 5/4/07 II 17 90% PS&E 18 3 wits Mon 4/18/07 Fri 5/4/07 19 , _ 20 21 22 i 23 24 City Review & IEC QA/QC Review 2 vats Mon 5/7/07 Fri 5/16/07 100% PS&E 2 aka Mon 521/07 Fri 8/1/07 City Review & IEC QA/QC Review 2 Wm Mon 8/4/07 Fri 8/15/07 Print Final Mylers & Contract Docs 3 days Mon 8/18/07 Ned 820/07 PHASE IN - BID PHASE SERVICES 26 days Thu 6/21/07 Wed 7/26/07 Task 9 - Bid Phase 5 was Thu 8/21/07 II ; ' II 8/21 ^ 7/26 L Wed 7/25/07 - J Date: Tue 10/10/08 Task j Missions ♦ Summary Page 1 Fee Proposal City of National City ENGINEERING DESIGN SERVICES FOR GRAVITY MAN UPSIZINO PROJECTS NEC Subtask limber Subtask Deac iption Summary Classification PrincipalManager Sr. Project Project Engineer Engineer M Engineer N EngineerEngineerNum Operator VCA� Word Processor Subtask Labor Florxs Subtask labor Coat Reimburs aloes Subcontract Total Cost Rate $145.00 3140.00 $110.00 8105.00 $95.00 382.00 $52.00 TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION 512,084 1.1 Project Schedule 2 4 8 8720 30 30 $720 1.2 Progress Reporting & Cost Accounting 8 4 2 14 $1,664 30 80 81,564 1.3 Progress Meetings _ 24 24 8 58 $8,416 8300 $0 88,716 1.4 Coordination 8 16 2 26 82,984 $0 $0 $2,984 TASK 2 Data CoMgtion 1 WNW RNNfih 2 4 40 40 86 $7,800 8100 80 37,988 TASK 3 Develop Initial ARHnauvoo 4 24 40 24 92 31,968 80 80 SUN TASK4 PreHnNnary Design Report 2 18 40 80 24 8 170 $18,914 8250 80 $17,164 TASK 5 Surveying and Mapping 2 4 8 8548 80 848,300 841,818 TASK 6 Geotsclmkal Inve$tlga6on 2 2 $220 30 $101100 319,121 TASK 7 Permllbng and Coordination 4 40 40 16 8 108 $10,488 1200 $0 318,SMI TASK 8 Plane, Specs, end Estimable81ss,1T7 6.1 P,S aE 2 24 90 40 240 220 40 646 $69,s70 $300 $0 SI,,Bjo 8.2 00% P S{4E 2 16 40 32 160 72 8 330 231,510 $300 $0 $32,110 8.3 100% P,S,SE 1 4 24 4 40 24 4 101 $9,741 5300 $0 310,041 8.4 final Subnled 2 6 4 16 8 36 $3,758 $500 SO 84,256 8.5 Trek Control Plans 4 4 8 $820 $0 $25,200 $26,020 8.8 OAdOC 18 4 20 $2,880 $0 30 82,800 TASK 9 ISDDNG ASSIST 4 32 4 40 34,288 8100 80 $4,388 Task §ubtotsl - Hours 33 122 348 80 660 432 84 1749 Task SubbW -Costs 33,335 $17,060 $38,280 36,400 362,700 335,424 $4,368 169,587 82,350 392.400 TOTAL NOT TO EXCEED FEE: $244,337 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYY) 10/13/06 PRODUCER 0A99520 Cavignac 4 Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 Dorothy Amundson 1-619-234-6848 INSURED Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A St. Paul Fire 4 Marine Insurance Company INSURERS:0.6. Specialty Insurance Company INSURERC:United Staten Pidelity 4 Guaranty Company INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTRI POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYI POLICY EXPIRATION DATE IM /DINT 1 LIMBS C GENERAL LIABILITY BX02069170 02/13/06 02/13/07 EACH OCCURRENCE .$ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (My one firs) $ 1,000,000 CUNMS MADE L X I OCCUR MED EXP (Anyone parson) $ 10,000 X Broad Post PERSONAL a ADV INJURY $ 1,000,000 X Blkt Contractual GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES�PER: PRODUCTS - COMP/OP AGG 52,000,000 POLICY I X I P�GT I I LOC C AUTOMOBILE uamLRY BK02069170 02/13/06 02/13/07 COMBINED SINGLE LIMIT $ 1,000,000 I ANY AUTO (Ea aodden) ALL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Por ecadent) $ X No Company Owned Autos PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO �— EA ACC $ 1 AUTO ONTHER LY. AGG AGG S I EXCESS LIABILITY EACH OCCURRENCE S I 1 OCCUR r- I CLAIMS MADE AGGREGATE I I - DEDUCTIBLE _ $ RETENTION $ i A IWORKERS COMPENSATION AND 02/13/06 02/13/07 X! WC S1ATU- I OTH TORT LIMITS I IWVA2449763 EMPLOYERS' UABILITY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE. EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 I OTHER IUS061212401 B ' Pro £ ass iona1 Liability 02/13/06 02/13/07 Each Claim $1,000,000 Aggregate $2,000,000 S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability - Claims made form, aggregate limit policy, defense costa included within limit of liability. RE: Downtown Sewer Upaizing/ISC Project #031.NATL.000S. City of National City, its officers, agents, and employees are named as Additional Insured with respect to General Liability per attached and Auto Liability included in policy form. 10 days NOC for non-payment of premium. CERTIFICATE HOLDER y ADDITIONAL INSURED: INSURER LETTER: C CANCELLATION City of National City Attn: Stephen M. Kirkpatrick 1243 National City Blvd. National City, CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - ACORD 25-S (7/97) Katherine 5039767 o ACORD CORPORATION 1988 RESOLUTION NO. 2006 - 225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PERFORM ENGINEERING DESIGN FOR THE UPSIZING OF EXISTING GRAVITY SEWER MAINS FOR THE "NOT TO EXCEED" AMOUNT OF $264,337 WHEREAS, the City desires to employ a Contractor to perform engineering design for the upsizing of existing gravity sewer mains; and WHEREAS, the City has determined that Infrastructure Engineering Corporation is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the City, and Infrastructure Engineering Corporation is willing to perform such services, in the "Not to Exceed" amount of $264,337. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Infrastructure Engineering Corporation to perform engineering design for the upsizing of existing gravity sewer mains for the "Not to Exceed" amount of $264,337. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzun a, Mayor ATTEST: 4714i1 Mich el R. Dal , (it C Jerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 21, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra. Nays: None. Absent: Zarate . Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City erk of the City 9f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-225 of the City of National City, California, passed and adopted by the Council of said City on November 21, 2006. City Clerk of the City of National City, Califomia By: Deputy City of National City, California COUNCIL AGENDA STATEMENT November 21, 2006 MEETING DATE AGENDA ITEM NO. 4 ITEM TITLE Resolution approving an agreement with Infrastructure Engineering Corporation to provide the City with engineering design services in the "Not to Exceed" amount of $264,337 for the Upsizing of Gravity Sewers per the Downtown Specific Utilities Impact Report, and authorizing the City Engineer to execute the agreement. (Funding through Sewer Capital Improvements Funds) PREPARED BY Alberto Griego EXPLANATION See Attached Explanation. DEPARTMENT Engineering EXT. 4386 Environmental Review N/A MIS Approval Financial Statement Approved Hy: q[� This agreement is for a "Not to Exceed" amount of $264,337. Funds are available in Account No. 125-409-500-598-2014. 1,40 Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Proposed Agreement Resolution No. 2Xlel' ' Z2.5 3. Exhibit "A" proposal for Engineering Design Services infra A-200 (Rev. 7/03) Resolution approving an agreement with infrastructure Engineering Corporation to provide the City with engineering design services in the "Not to Exceed" amount of $264,337 for the Upsizing of Gravity Sewers per the Downtown Specific Utilities Impact Report, and authorizing the City Engineer to execute the agreement. (Funding through Sewer Capital Improvement Funds) EXPLANATION The Engineering Department is in need of a consultant engineering firm to design and develop bid documents for the upsizing of existing gravity sewer lines in the Downtown Specific Plan Area of National City. On April 5, 2005 the City Council issued Resolution No. 2005-64 authorizing the Mayor to execute a multiyear contract with Infrastructure Engineering Corporation to provide "as needed" engineering consulting services for the City's capital improvements project. This was the result of an extensive Request for Qualifications (RFQ) process. In July 2006, Infrastructure Engineering Corporation completed the Downtown Specific Plan Utilities Impact Report for the City in which the potential impacts of new development on utilities, including sewers, were studied. This agreement with Infrastructure Engineering for engineering design services is based on this report. The design will include 38 sewer gravity mains that are required to be upsized to accommodate the additional sewer flow from the new developments per the Downtown Specific Plan. The construction cost of these sewer improvements is estimated at approximately $2.6M. Infrastructure Engineering is familiar with the City's engineering design requirements. Based upon the staff's request, Infrastructure Engineering has a proposed scope of work, outlined in Exhibit "A" of the agreement, to perform the required services, This scope of work is consistent with the City's engineering design needs. The fee for performing the work per the cost proposal is a "Not to Exceed" amount of $264,337. This contract for $264,337, and the approximately $2.6M in sewer improvements that will be designed through it, will be initially funded by the Sewer Capital Improvement Fund. However since these improvements are necessary due to the development as allowed it in the Downtown Specific Plan, it is appropriate for developers in the area to each pay a share in conjunction with their development. The equitable method of assessing each development parcel within the area is a component of the Downtown Specific Plan Utilities Impact Study. The DSP Utilities Impact study results were presented to Council at a prior meeting, along with the plan to assess each parcel so that growth is responsible to pay for growth. A resolution to actually create this development impact fee has not yet been presented to City Council, but will be a component of the comprehensive impact fee study currently being prepared by Maximus, and soon to be presented to City Council for consideration by the Building and Safety Department RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PERFORM ENGINEERING DESIGN FOR THE UPSIZING OF EXISTING GRAVITY SEWER MAINS FOR THE "NOT TO EXCEED" AMOUNT OF $264,337 WHEREAS, the City desires to employ a Contractor to perform engineering design for the upsizing of existing gravity sewer mains; and WHEREAS, the City has determined that Infrastructure Engineering Corporation is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the City, and Infrastructure Engineering Corporation is willing to perform such services, in the "Not to Exceed" amount of $264,337. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Infrastructure Engineering Corporation to perform engineering design for the upsizing of existing gravity sewer mains for the "Not to Exceed" amount of $264,337. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21s1 day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INFRASTRUCTURE ENGINEERING CORPORATION THIS AGREEMENT is entered into this 21 st day of November, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Infrastructure Engineering Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform engineering design for the Upsizing of Existing Gravity Sewer Mains. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in engineering 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. Rob Weber, Project Manager/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 (180) one hundred and eighty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Wednesday, August 27, 2007. 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. 'l'he 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 thc 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 he 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 thc 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. 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 mcdiation 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 ovemight 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, tclecopy, 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: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Preston Lewis President Infrastructure Engineering Corporation 14271 Danielson St. Poway, CA 92064 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 he 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 he 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 he of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall he 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. Kirkpatrick, City Engineer APPROVED AS TO FORM: George H. Eiser, I11 City Attorney INFRASTRUCTURE ENGINEERING CORPORATION. (Two signatures required) By: (Title) _77e ee--"G Robert S. Weber Sr. ad u-inet44‘t� 1 (Title) 10 EXHIBIT "A" 11 EXHIBIT A SCOPE OF SERVICES ENGINEERING DESIGN FOR UPSIZING OF EXISTING GRAVITY MAINS CITY OF NATIONAL CITY, CA PROJECT UNDERSTANDING AND APPROACH The City of National City recently completed a Downtown Specific Plan (DSP) Utilities Impact Report. The DSP identified several existing gravity mains that will require upsizing. Table 4-11 of the DSP provides a summary of the recommended gravity main capital improvement program. The pipes to be upsized range in size from 8-inch diameter to 33-inch diameter with the total linear footage of pipe to be upsized of approximately 11,500 ft. There will be three Caltrans crossings (Pipe ID's 5, 94/99, and 108). Pipe 108 also involves a railroad crossing. Pipes 5 and 108 will likely need to be bore and jack crossings of the Caltrans/Railroad tight of way. The remainder of the alignments appear to be within City streets/right of way. SCOPE OF SERVICES The scope of services will be divided into phases; Phase 1 — Preliminary Design, Phase II — Final Design, and Phase 11I — Bid Phase Assistance. The City as a separate task may consider a subsequent phase, Phase IV — Services During Construction. PHASE I — PRELIMINARY DESIGN Task 1— Project Management and Administration Project management and administration will consist of schedule maintenance, development and submittal of written monthly progress reports, monthly progress meetings, and general project coordination between the City, IEC, and other agencies including the Caltrans and the Navy. Task 2 - Data Collection/Utility Research This task will include collection of pertinent data such as record drawings for the following utilities in the project area: existing Gravity mains, gravity mains, water/recycled water transmission and distribution lines, storm drains, gas, electric, phone, cable, and fiber optics. Upon project authorization, we will contact Underground Service Alert (USA) and initiate a pre -project planning request to identify agencies with utilities in the project area. Based on the USA pre -project planning data, we will contact the identified agencies and request utility information for the project areas. A database will be developed to track correspondence with utility agencies. This database will be maintained throughout the project and will be used as a resource for coordinating conflict checks by the agencies at appropriate project milestones. Task 3 - Develop Gravity Main Upsizing and Replacement Alternatives Based on the information developed in Task 2, we will evaluate each alignment and develop initial replacement alternatives. Considerations will include the need to keep the existing sewer system in service, adjacent utilities, easement or right of way constraints, traffic control, permitting, cost, and anticipated construction schedule. We will evaluate the potential to upsize the existing pipelines by pipe bursting or pipe reaming or whether a parallel alignment is appropriate. This effort will be based on use of available information such as 40-scale mapping or Geographical Information System (GIS) data if available from the City or conunercially available aerial photography were appropriate. Utility information will be evaluated and preliminary cross sections plotted where necessary. Pagel of 3 Task 4 — Prepare Preliminary Design Report Using the information developed as part of Tasks 1, 2, 3, and 4, a brief but sufficiently detailed Preliminary Design Report (PDR) will be prepared. The goal of the PDR will be to recommend replacement alternatives for the existing gravity mains and to develop project phasing and prioritize the recommended improvements for subsequent final design activities. The PDR will be prepared in a report format and will contain graphics and tables to support the findings and conclusions. Four (4) copies of the PDR will be provided to the City in draft form for review and comment. Following incorporation of City comments, the PDR will be finalized and six (6) final copies provided. PHASE II — FINAL DESIGN Task 5 — Surveying and Mapping Aerial or field design survey will be prepared for the improvements as recommended in Phase I. Base mapping will be prepared at a scale of 1 inch equals 40 ft and will indude 1 ft contour interval, existing right of way, casements, and property lines along each alignment. The mapping will pick up edge of pavement, valve cans, manhole rims, and other applicable surface features. For the purposes of this proposal we have assumed at this time that new mapping will be developed for the purposes of design. If existing mapping suitable for design is available from the City, the scope of this task can be reduced accordingly. Task 6 — Geotechnical Investigation A geotechnical investigation will be performed to characterize subsurface conditions at key locations along the overall alignments. This will consist of shallow soil borings performed at an approximate frequency of 1 for every 1,000 ft of pipeline, with two proposed for each side of the potential bore and jack crossings. The geotechnical investigation will provide data to evaluate the suitability of pipe bursting or pipe reaming as a construction method to perform the upsizing. Task 7 — Permitting and Coordination This task will consist of development of permit applications for the project. Anticipated permits include utility construction and local coastal program, tunnel classification from the Bureau of Mining and Tunneling (trenchless crossings only), and encroachment permits (.3) from Caltrans. Task 8 — Prepare Plans, Specifications, and Cost Estimates Based on the recommended project alignments identified in Phase I, we will prepare hid ready plans and specifications the project. Plans will he prepared based on City standard requirements and depict the proposed pipeline plan, profile, parallel and crossing utilities, surface features, and right of way. Traffic control plans will be prepared to indicate required traffic control measures. It is anticipated that traffic control submittals will need to be made to the City. 'Milestone submittals will be provided to the City at 50%, 90%, 100%, and final stages of completion. Project phasing will be determined in the PDR; however, for the purposes of this proposal we are assuming the portions in City right of way will go out under one hid package and the portions requiring Caltrans or other agency approval will go out under a separate hid package, in the interest of time, if the permitting process is lengthy. Each plan set is anticipated to consist of: Title sheet (I) Legend, abbreviations, and notes (1) General notes (1) Sewer plan and profile (specific number per package TBD) Traffic control plans (specific number per package TBD) Page 2 of 3 /3 The total sheet count is anticipated to range from 35 to 45 depending on the scale at which the plan and profile sheets arc ultimately prepared at. In some cases, 40 scale sheets (and therefore 800 to 1,000 ft per sheet) will be sufficient. However, for some of the alignments, and in particular those that are small or perhaps the Caltrans crossings, preparation of plan sheets at 20 scale may be appropriate in order to adequately view the right of way and adjacent utilities. Technical specifications will be prepared using construction specification institute (CSI) standard format and City Standard Specifications. The final specifications will be included within a Contract Documents book using City standard front-end specifications. Construction cost estimates will be prepared and submitted along with each milestone submittal identified above. The Contract Documents will be structured to require minimum bidder qualifications to be stated in the bid. This may include a minimum experience requirement or similar statement of qualifications required for submittal with the bid. Upon final City review and approval of the plans and specifications, the plans will be plotted on mylar and signed by the Engineer of Record and the package made ready for advertisement and bid. PHASE III — BID PHASE Task 9 — Bid Phase Services Bid phase services will include attendance at the pre -bid meeting (including agenda and minutes), responses to questions submitted during the bid phase, tabulation and review of bids for conformance and responsiveness to the Contract Documents, reference checks for the successful bidder, and written recommendation to the City for award of the project. PROJECT SCHEDULE The proposed project schedule is outlined in Attachment B. PROJECT FEE The estimated project fee, as itemized by task, is provided as Attachment C. Please note that the budgets for survey and mapping, geotechnical investigation, and traffic control plans represent planning level estimates at this rime. Page 3 of Engineering Design Services for Upsiring of Existing Gravity Mains CITY OF NATIONAL CITY PROJECT SCHEDULE ID , Task Name , Duration Start Finish ----------L-. ----'---_--,-- -- .----..- 0 days Mon 1127/08 Mon 11/27/06 55 days Mon 11/27/06 Fri 2/9/07 Research 2 wks Mon 11/27/06 Fri 12/8/08 and Upsizk 3 wks Mon 12/11108 Fri 12/29/08 Design Report 3 wks Mon 111/07 Fri 1/19/07 2 wks Mon 1122107 Fri 2/2/07 1 wk Mon 2/5/07 Fri 2/9107 108 days Mon 1/22/07 Wad W20/07 4 w$ s Mon 2/12/07 Fri 3/9/07 3 wits Mon 1122/07 Fri 2/9/07 4 wks Mon 1/22/07 Fri 2/16/07 & Estimate 73 days Mon 3/12/07 Wad 8/20/07 3 wks Mon 3/12/07 Fr13/30/07 Review 2 wks Mon 4/2/07 Fri 4/13/07 by City) 3 wks Mon 4/16/07 Fri 5/4/07 3 v4ts Mon 4/18/07 Fri 5/4/07 Review 2 MAts Mon 5/7/D7 Fri 5/18/07 2 wks Mon 5121/07 Fri 6/1/07 Review 2 %Nta Mon 6/4/07 Fri 8/15/07 Does 3 days Mon 6/18/07 Wed 8/20/07 25 drys Thu 6/21/07 Wad 7/2907 5 wks Thu 621/07 Wed 725107 2007 Aug _ 7/28 _ Ocl_.L Nov Dec 1 Jan Feb 1 Mar Apr I May I Jun I Jul --- 1 i Notice to Proceed - 2- - i PHASE 1- PRELIMINARY DESIGN 3 i Task 2 - Data ColecfoNIJBRIy 4 1 Task 3 - Develop InmeI Replacement Task 4 - Prepare Preliminary 8 City Review and Comment 7 !I Finalize PDR 8--- 9 ; PHASE 11- FINAL DEMON 10 i Task 5 - Surveying & Mapping 11 ? Task 8 - Geolechnical Investigation 12 Task 7 - Permitting - 13 J, Task 8 - Prepare Plans, Specs, --14 1 50% PS&E 15 - i City Review & IEC CIA/QC 16 i Potholing (if necessary/approved -17 j 90% PS&E 18 . City Review & IEC QNQC 19 100% PS&E 20 City Review & IEC QA/QC 21 Print Final Mylars & Contract - 22 __j --23 PHASE M - BID PHASE SERVICES 24 ' Task 9 - Bid Phase - — ♦ 11/27 ilpiMMIN.NINIF 0 2f9 1/22 ' , , ' J ' ' 6/20 i'7:71 " s� 3/12 WIIIMMEMIIIIMIM 8120 "9 ii 6/21 a 4 Date: Tue 10/10/06 3tsrtnary Task Mlestane ♦ Pape 1 Fee Proposal City of National City ENGINEERING DESIGN SERVICES FOR GRAVITY MAIN UPSR]NG PROJECTS ii lEC Subtask Number Subtask Description Summary Classification - Principal - Sr. Protect Manager Project Engineer Engineer III Engineer 9 Engineer VCADD Operator Word Processor Subtsak Labor -Hours Subtask Labor Cost Reimburs sables Subcontract Total Cost Rate $145.00 $140.00 5110.00 $105.00 595.00 54200 552.00 -• K`''•tip 1- ,.:§..,c+`_ ..,a>. ... _ -, _ .. TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION $12,084 1.1 Project Schedule 2 4 6 8720 SO 50 $720 1.2 Progress Reporting & Cost Accounting 8 4 2 14 31,664 50 SO $1,864 1.3 Progress Meetings 24 24 8 56 $6,418 3300 50 56,716 1.4 Coordination 8 16 2 26 $2,984 SO 50 52,984 TASK 2 Data Collection / Utility Research 2 4 40 40 86 57,800 5100 50 $7,900 TASK 3 Develop Initial Alternatives 4 24 40 24 92 $8,963 $0 50 58,988 'TASK 4 Preliminary Design Report 2 16 40 80 24 8 170 $18,914 $250 SO $17,1114 PHASE N FINAL DESIGN $213,833' TASK 5 Surveying and Mapping 2 4 6 $548 S0 548,300 $48,848 TASK 8 Geotechnical Investigation 2 2 5220 So S18,900 519,120 TASK 7 Permitting and Coordination 4 40 40 16 8 108 $10,488 5200 S0 $10,688 TASK 8 Prepare Plans, Specs, and Estimates 3135,177 8.1 50% P,S.&E 2 24 80 40 240 220 40 646 $59,570 $300 50 S59,870 8.2 90% P,S.&E 2 16 40 32 180 72 8 330 531.810 $300 50 S32,110 8.3 100% P.S,&E 1 4 24 4 40 24 4 101 89,741 $300 50 310,041 8.4 Final Submittal 2 6 4 16 8 38 $3,756 $500 S0 $4,256 8.5 Traffic Control Plans 4 4 8 $820 SO $25,200 $28.020 5.8 CIA/QC 16 4 20 52,880 SO So 82,880 PHASE III BID PHASE SERVICES $4,388 TASK 9 BIDDING ASSISTANCE 4 32 4 40 $4,288 5100 SO $4,388 Task subtotal - Hours 23 122 348 80 880 432 84 1749 Task Subtotal - Costs 33,335 517,080 538,280 58.400 362,700 $35,424 54.388 >.‹.._ 3169,587 52,350 892,400 $264,337 -. TOTAL NOT TO EXCEED FEE: $2A4{,337 Fee Estimate Page 1 of 1 1011012008 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 7, 2006 Mr. Preston Lewis President Infrastructure Engineering Corporation 14271 Danielson St. Poway, CA 92064 Project: National City — Engineering Design Services — Upsizing Sewer Mains. Dear Mr. Lewis: On November 21 st, 2006, the City Council of the City of and adopted Resolution No. 2006-225 approving Infrastructure Engineering Corporation. We are pleased to enclose one fully executed original certified copy of the Resolution for your records. Should you have any questions, please contact Mr. City Engineer at (619) 336-4380. Sincerely, Michael R. Da la City Clerk JAH Enclosure National City passed an agreement with agreement and one Stephen Kirkpatrick, File C2006-62 ® Recycled Paper