AGENDA
ITEM
14 AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
January 19, 2022
Mayor and City Council
Miguel Figueroa, City Manager f{ I
Lilliana Falomir, Public Works Manager - dmini st ~
Authorize City Manager to Enter into an Agreement of
Professional Services with Michael Baker International for Engineering Services to Address Comments Received on and Finalize the Plans and Specification for Construction of the New River Improvement Project - Calexico Reach.
================================================================== Recommendation :
Authorize City Manager to enter into an Agreement for Professional Services with Michael Baker International for engineering services to address comments received on and finalize plans and specifications for construction of the New River Improvement Project - Calexico Reach.
Background:
The New River is a Water of the United States and a California Water. It originates approximately 18 miles south of the US-Mexico Border, in the Mexicali Valley, Mexico. It enters the United States by the Calexico West Port of Entry, in Calexico, California. The City is proposing to implement New River Improvement Project - Calexico Reach. The Project consists of three primary construction components:
1. Trash screen and diversion structure for the New River downstream from the International Boundary with Mexico.
2. Bypass encasement infrastructure for the New River from a point downstream of the International Boundary to a point downstream of the eastern boundary of the City of Calexico to address the public health threat that new River water quality poses to the southern area of the city.
3. A pump-back system to take treated wastewater from the existing
4. Calexico Waste Water Treatment Plant (WWTP) and discharge it
5. into the New River channel at a point near the proposed river
6. diversion and encasement structure.
In late 2017, the State Water Resources Control Board (State Water Board) AGENDA
ITEM
contracted with Michael Baker International (MBI) for the preparation of the plans and specification and draft California Environmental Quality Act (CEQA) for the Project. In 2019, MBI prepared and submitted to the State Water Board and the Colorado River Basin Regional Water Quality Control Board the plans and specification and draft CEQA documentation for the Project. Subsequently, the State Water Board determined that MBI had met the obligations under the contract, including conditions for the deliverables, and closed out its contract with MBI. The plans and specifications, however, were not finalized for construction purposes.
The plans and specification are presently being reviewed on behalf of the City Engineering Department by a City contract Engineer. Following the review, they need to be stamped and finalized by MBl's Responsible in Charge California registered civil engineer for construction purposes so that: (1) the City can issue Invitations to Bid for the construction of the Project; and (2), incorporate and/or address, as appropriate, comments received on and requested changes to the plans and specifications and ensure they comply with applicable building codes and City construction standards and ordinances.
Discussion & Analysis:
In April 2020, the City adopted an Initial Study and Mitigated Negative Declaration for the Project. In April 2021, the California Department of Water Resources (DWR) and the City of Calexico executed Funding Agreement # 4600014089 for the disbursement of $28,000,000 allocated to build the Project. The Funding Agreement is being modified so the City can proceed with the finalization of the plans and specifications and get reimbursed for the costs to finalized them from the $28,000,000 allocated to the Project.
The City Project Manager has consulted with the DWR Funding Agreement Manager regarding the approach to finalize the plans and specifications. The DWR Funding Agreement Manager concurs with the City's entering into a Contract/Agreement for Professional Services with MBI to finalize the plans and specifications because it is practicable and more economical since MBI prepared the original plans and specifications for the Project.
The scope of work to finalize the plans and specification under the Agreement consists in substantive part of, but is not limited to, incorporating and/or addressing as appropriate:
• Recommended and/or requested changes by the City Engineering Department to ensure compliance with applicable building codes and City ordinances, • Requested changes by the City Project Manager regarding the location of the 72- inch bypass pipe Outfall and Energy Dissipater to minimize environmental impacts on wetlands,
• Comments received from the Imperial Irrigation District, and • Recommendations by the City Project Construction Manager, Dynamic Consulting Engineers
The scope of work also includes stamping, signing, and finalizing the plans and specifications for the Project for the City and for construction purposes by a Responsiblein-Charge California Registered Civil Engineer; and preparing and delivering to the City nine (9) hard copy sets of the stamped and final plans and specifications for the Project, and one electronic copy of the plans and specifications.
Exh ibit B shows the proposed MBl's hourly rates for the required services. A total of $200,000 are being set aside from the Funding Agreement between DWR and the City to cover this work. The City Public Works Manager and New River Improvement Project Manager have reviewed the scope of work and recommend that the City Council of the City of Calexico authorize the City Manager to enter into an Agreement for Professional Services with MBI for engineering services to finalize the plans and specifications for New River Improvement Project- Calexico Reach.
Fiscal Impact:
Capital Improvement Program - Budgeted Item for FY2021-2022 State Grant
Total
Coordinated With:
City Manager' s Office.
Public Works Department.
Office of the City Clerk.
Attachment(s):
$200,000
$200,000
1. Agreement of Professional Services between City of Calexico and Michael Baker International for Professional Services for New River Improvement Project - Calexico Reach.
ATTACHMENT #1
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 15111 day of December, 2021, by and between the City of Calexico ("City") and Michael Baker International ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the construction management services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, staff, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Perfo1mance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than February 18, 2022, with the deliverables and in accordance with the milestones and deadlines of Exhibit A. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
3. Compensation. Compensation to be paid to Consultant shall be as set fmih in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work perfo1med during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were perfo1med, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the prope1iy of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request.
6 Independent Contractor. It is understood that Consultant, in the perfonn ance of the work and services agreed to be perf01med, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and anive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than n01mal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to indemnify, including the cost to defend, the City, and its officers, agents and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, willful misconduct or defects in design by the City or its agents, servants, or independent contractors who are directly responsible to the City, or the active negligence of the City.
To the fullest extent permitted by law, the Consultant shall (1) immediately defend and (2) indemnify the City, and its councilmembers, officers, agents, and employees from and against all liabilities regardless of nature or type that arise out of, pe1iain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified pariy. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified pariy, then Consultant's indemnification obligation shall be reduced in prop01tion to the established comparative liability.
(b) The duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, agents, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separ·ate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asse1is that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified pariy, Consultant may submit a claim to the City for reimbursement ofreasonable attorneys' fees and defense costs in prop01tion to the established compar·ative liability of the indemnified party. (c) The review, acceptance or approval of the City's work or work product by any indemnified party shall not affect, relieve or reduce the City's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work perfmmed by Consultant for City. This provision shall not apply if Consultant has no employees perfo1ming work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
L General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1 ,000,000) per occunence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other fo1m with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be perfmmed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
111. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and prope1iy damage for all activities of the Consultant arising out of or in connection with the work to be perfo1med under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occunence.
1v. Errors and Omissions Liability. Consultant shall maintain eirnrs and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($1 ,000,000).
b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Calexico, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
IL This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
ni. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Ce1iificates of Insurance and Endorsements. Consultant shall provide ce1iificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of perfonnance ofthis Agreement. Current ce1iification of insurance shall be kept on file with the City at all times during the te1m of this Agreement.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and waiTants to City that it has all licenses, pe1mits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and wanants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state comi in the County of Imperial, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either patty desires or is required to give to the other patty shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other patty at the address set fo1th herein below. Either patty may change its address by notifying the other patty of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City:
If to Consultant:
City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 9223 1
Michael Baker International
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to chat·ges for services, or expenditures and disbursements chmged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or tennination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any patty authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to fmm by the City Attorney.
18. Waiver. No failure on the pmi of either pmiy to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Execution. This Agreement may be executed in several counterpmis, each of which shall constitute one and the same instrument and shall become binding upon the pmiies when at least one copy hereof shall have been signed by both pmiies hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpmi.
20. Assignment and Subcontracting. The pmiies recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be pe1mitted only with the express consent of the City. Consultant shall not subcontract any pmiion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Termination. This Agreement may be terminated by the City immediately for cause or by either pmiy without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
***SIGNATURES ON FOLLOWING PAGE***
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO:
Miguel Figueroa
City Manager
APPROVED AS TO FORM:
Carlos Campos
City Attorney
CONSULTANT:
Trudi Lim, P.E.
Michael Baker International.
ATTEST:
Gabriela Garcia
City Clerk
EXHIBIT A
SCOPE OF SERVICES AND DELIVERABLES
1. Scope of Work
The scope of work shall consist of finalizing the plans and specification in substantive part but is not limited to incorporating and/or addressing as appropriate:
• Recommended and/or requested changes by the City Engineering Department to ensure compliance with applicable bu ilding codes and City ordinances,
• Requested changes by the City Project Manager regarding the location of the 72-inch bypass pipe Outfall and Energy Dissipater to minimize environmental impacts on wetlands, fencing and security gates for the Trash Screen and Diversion Structure area to include the new location for the USGS Stream Gage Station for the New River at the International Boundary • Comments received from the Imperial Irrigation District, and • Recommendations by the City Project Construction Manager, Dynamic Consulting Engineers
Additionally, the scope of work also includes stamping, signing, and finalizing for the City and for construction purposes the plans and specifications for the Project by a Responsible-in-Charge California Registered Civil Engineer.
2. Deliverables
By February 18, 2022, the Consultant shall deliver to the City the following:
1. Five (5) hard copy sets ·of the stamped and final engineering plans and specifications for the Project. The hard copies of plans shall be printed in 24"x36" format, with the appropriate scale. Each of the hard copies of the specifications shall be in either bounded or in a three-ring binder.
2. One electronic copy of the plans and specifications in PDF format.
3. One electronic copy of the plans in AutoCAD format.
EXHIBITB
SCHEDULE OF CHARGES
Work accomplish pursuant to this Agreement shall be based on the following rates:
MBI Hourly Rate Schedule 2021 (please see notes also)
Office Personnel Hourly Rate
Principal $295.00
Project Manager $245.00
Senior Engineer $200.00
Project Engineer $175.00
Environmental Specialist $160.00
Design Engineer/Senior Designer/Survey Analyst $165.00
Designer/Planner $150.00
Design Technician $130.00
Assistant Engineer/Planner $115.00
Permit Processor $95.00
Office Support/Clerical $80.00
Surveying Personnel Hourly Rate ($)
2-Person Survey Crew $308.00
1-Person Survey Crew $187.00
Licensed Surveyor $219.00
Field Supervisor $197.00
Notes:
1. An escalation factor of approximately 3% to the hourly rates is expected for 2022.
2. Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%.
3. A Sub-consultant Management Fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, sub-consultant consultation and insurance.
4. Vehicle mileage will be charged as an additional cost at the IRS approved rate.
ATTACHMENT C
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby ce1tify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any mam1er so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this _ _ day of ________ , 2021, at _ ______ _ California.
Consultant