AGENDA
ITEM
16 BEE AGENDA STAFF REPORT
CALEXICO
DATE: November 17, 2022
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren. Gly Manager him gain PREPARED BY:
Liliana Falmir. Punic Worka Manager - Adminst adve Talen REVIEWED BY: Sandra L. Fonseca, Interim Finance Director SUBJECT: Authorize City Manager to Sign Agreement of Professional Services with West & Associates Engineering, Inc. in the Amount of $64,000.00 for Design Engineering Services for the Installation of Two (2) Valves Project No. 2022-300 and Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA).
===: ===========
Recommendation:
Authorize City Manager to sign Agreement of Professional Services with West & Associates Engineering, Inc. in the amount of $64,000.00 for Design Engineering Services for the Installation of Two (2) Valves Project No. 2022-300 and Adopt Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act (ARPA).
Background:
On September 30, 2022, the Public Works Department issued Task Order No. 2022-002 - Design Engineering Services for the Installation of Two (2) Valves to all five (5) On-Call Engineering firms that were previously approved by City Council on November 17, 2021.
The scope of work includes design engineering services, surveying, right-of-way research and coordination with Imperial Irrigation District, development of plans, specifications, and cost estimates for the installation of two (2) "fresno" valves and/or equivalent too that will need to be installed inside existing manholes located within City limits. The valves are needed in order to prevent the Imperial Irrigation District canal drain to flood retention basins. The retention basins are located at Rancho Frontera Avenue, Sapphire Street and Andrade Avenue.
AGENDA
Discussion & Analysis: ITEM
Only three (3) out of the five (5) firm's submitted proposals and/or informed 16 us that they would not be submitting a proposal for design engineering services for the installation of two (2) valves:
1. West & Associates Engineering, Inc. $64,000.00
2. Nicklaus Engineering, Inc. $101,684.00
3. Kimley-Horn and Associates Non-responsive
Public Works staff has reviewed the proposals received and recommends that the City council of the City of Calexico authorize the City Manager to sign Agreement fo Professional Services between the City of Calexico and West & Associate Engineering, Inc. in the amount of $64,000.00 for design engineering services for the installation of two (2) valves Project No. 2022-300.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2022-2023 255-91-915-56000-000 (ARPA Contingency) $64,000.00
Total $64,000.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Attachments):
1. Task Order No. 2022-002 - Design Engineering Services for the Installation of Two (2) Valves.
2. West & Associates Engineering, Inc. Proposal.
Agreement of Professional Services between City of Calexico and West & Associates Engineering, Inc.
4. Nicklaus Engineering, Inc. Proposal.
5. Kimley-Horn and Associates, Inc. email dated Oct. 10, 2022.
Budget Amendment Resolution for Fund No. 255 - American Rescue Plan Act ATTACHMENT NO. 1
Lilliana Falomir
From: Lilliana Falomir
Sent: Friday, September 30, 2022 2:25 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Patrick. [email protected] Cc: Lilliana Falomir
Subject: Task Order Proposal Request No. 2022-002 - Design Engineering Services for Installation of Two (2) Valves
Attachments: Task Order Proposal Request No. 2022-002 - Design Engineering Services for Installation of Valves.pdf
Good Afternoon,
Attached you will find Task Order Proposal Request No. 2022-002 for Design Engineering Services for Installation of Two (2) Valves.
If you have any questions, please do not hesitate to contact me at 760/768-2160.
Sincerely,
Lilliana "Lily" Falomir
Public Works Manager - Administrative
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
760/768-2160
760/768-0992Fax
[email protected]
alexico, CA 92231-284
Tel: 760.768.2160
CITY OF CALEXIC - m
www.calexico.ca.gov
BEA
CALEXICO Public Works Department
Task Order Proposal Request No. 2022-002
Design Engineering Services for the Installation of Two (2) Valves Project No. 2022-300
September 30, 2022
Introduction
On November 17, 2021, the City of Calexico City Council approved your firm to complete "On Call Engineering" projects. The City needs a qualified engineering professionals to provide design engineering services, surveying, right-of-way research and coordination with Imperial Irrigation District, development of plans, specifications, and cost estimates for the installation of two (2) "fresno" valves and/or equivalent too that will need to be installed inside existing manholes located within City limits. The valves are needed in order to prevent the Imperial Irrigation District canal drain to flood retention basins. The retention basins are located at Rancho Frontera Avenue, Sapphire Street and Andrade Avenue (see Exhibit A).
Scope of Work
The successful firm will provide the design engineering services, surveying, right-of-way research and coordination with Imperial Irrigation District, development of plans, specifications, and cost estimates for said project. The successful firm will comply with current Caltrans Standard Specifications and Plans to be incorporated into City's boilerplate special provisions and latest Manual on Uniform Traffic Control Devices (MUTCD). In additional, the successful firm shall also ensure compliance with the Standard Specifications for Public Works Construction, (Greenbook) 2021 Edition for asphalt concrete and oil products being specified. Work requiring coordination and permitting with Imperial Irrigation District shall be completed using required standards by respective agencies and included in the City's boilerplate special provisions. These services will be needed during the course of the work from date of award of the project through completion. The Engineer in charge of this project shall be a California licensed Civil Engineer.
Viua Calexico!
TASK 1- Existing Documentation. Kick Off Meeting
• Review existing photos, plans, right of way/utility relocation needs for the Project, documents, and prior reports from City.
• Compile all existing utility record information and as-builts from wet and dry utility companies/agencies (i.e. Imperial Irrigation District, Gas Company, AT&T, etc.) Meet with and coordinate as required with utility companies/agencies to determine requirements. • Participate in Field Review meeting with City, if required. • Coordinate project Kick off Meeting with City and review project goals, scope, and deliverables.
• Introduce key staff. Review responsibilities of both City and Consultant.
TASK 2 - Initiate Project Design
• Ongoing scheduling and project schedule monitoring.
• Prepare plans and specifications for the project in compliance with the Engineering Design Guidelines Manual for the Preparation and Checking of Street Improvement, Drainage and Grading Plans within City limits.
• Analysis of existing plans and other reports and correspondence available. • Prepare documents and supporting calculations including but not limited to Plans, Specifications, and Estimates; addressing environmental permits; drainage, sedimentation, demolition, and erosion control plans; Storm Water Pollution Prevention Plan (SWPPP); traffic control/detour plans; contract special provisions; detailed construction schedule; detailed quantity and cost estimate; horizontal and vertical control for construction staking. • Drainage study and report shall document existing storm drainage flows, and surface drainage discharge points and include the post-construction of curb, gutter and sidewalks. • Complete right of way assessment to identify property boundaries. • Coordinate with utility companies and/or agencies including but not limited to the Imperial Irrigation District, and any regulatory agencies with jurisdiction over the project. • Prepare supporting reports, calculations, and documents. • Provide quantity and cost estimates.
• Address any corrections required by Imperial Irrigation District and City of Calexico. • Analysis of existing plans and other reports and correspondence available. • Bid and Construction Assistance.
• Communicate with and seek input from key Imperial Irrigation District and City personnel. • Coordinate meetings, prepare meeting correspondence and meeting minutes and follow up with designated personnel on Action Items pending.
TASK 3 - Permits. Utility and Right of Way Coordination • Provide City with recommendation of any conflicting utilities and where possible, determine prior right status with available records.
• Complete and submit corresponding utility applications/permits in coordination with City.
Applications and permits may require submission of construction plans and activities. • Obtain appropriate permits from all agencies with jurisdiction over the project including but not limited to Imperial Irrigation District for any utility removal and/or relocation.
TASK 4 - Draft Deliverables
• Submit draft documents for City review. Submittal should include all items requested for Task
2. Five (3) hard copies with one (one) thumb drive with completed draft documents • Attend meeting(s) with City of Calexico for presentations. • Revise draft documents to include review responses into Final Draft and deliver to City. • Draft deliverables shall consist of a 300% level of completion -75% and 95% level of completion for 3 iterations of expected review comments. • The 300% level completion shall include all topography, plan view and identification of the scope of the area of work and impact, including drainage study results and recommendations.
Preliminary right of way research results and recommendations of private encroachments, and any conflicting utilities should be identified.
• Consultant shall anticipate City review comments on all draft submittals within 30 days.
TASK 5 - Final Documents Deliverables - 100%
• Upon project approval from Imperial Irrigation District, the City shall notify Consultant to prepare final document deliverables. The originals and copies shall be provided as identified in the RFP. This includes coordination with agencies as necessary.
Throughout the course of the project, Consultant will maintain orderly project files. All tracings, plans, specifications and maps prepared or obtained under the terms of the agreement with the City shall be delivered to and become property of the City; and basic survey notes and sketches, charts, computations and other data prepared or obtained under such agreement shall be made available upon request to the City without restriction or limitation on their use.
At the conclusion of the project, Consultant shall submit to the City a project completion file which contains the required information, test results, forms, certifications, communications, and other information pertaining to the project. The report will be clearly labeled with the title:
City of Calexico
Public Works Department
Request for Proposals for
Design Engineering Services for Installation of Two (2) Valves Document will serve as a record of the project. Additionally, a copy of the record of the project is to be provided in Portable Document Format (PDF) on one (1) USB thumb drive. The required project file shall be submitted before the final payment and retention will be released Time is of the essence with this Project. The engineer shall complete the scope of work within sixty (60) calendar days.
Proposal
It is requested that a brief one (1) to two (2) page proposal be prepared including proposed fees and schedule.
Proposals are requested by Tuesday, October 18, 2022 by 4:30p.m. Please email a PDF proposal to:
Lilliana Falomir
Public Works Manager - Administrative
City of Calexico
[email protected]
Exhibit A
Replaced IID Manhole All American Drain 8-A Pipeline ALL AMERICAN CANAL Rancho
Frontera Park
anarade
All American Drain 8-A Open Channel
Joel Reisen Park
Calexico Storm Drain
Pipeline
Meadows Park
All American Drain 8-A Open Channel
All Amenean Braln Eight A
Highway 98.
Andrade Ave.
Calexico Storm Drain
Pipeline
Gutierrez
Park
IID
www.iid.com
A cantony of sovice:
ATTACHMENT NO. 2
WEST&ASSOCIATES
• ENGINEERING, INC.
October 18, 2022
Ms. Lilliana Falomir
Public Works Manager - Administrative
City of Calexico
608 Heber Ave.
Calexico, CA 92231-2840
Subject: Proposal for Design Engineering Services for the Installation of Two (2) Valves (Task Order Proposal Request No. 2022-002 / Project No. 2022-300)
Dear Ms. Falomir,
Thank you for presenting West & Associates with this Task Order Proposal Request. We understand that the City is in need of Engineering Services for the installation of two (2) "fresno" style valves that will be installed inside of existing manholes that provide flow control to Drain No. 8 of the All-American Canal (AAC). The following pages provide our understanding of the project, tailored approach, scope of work, schedule, and proposed fee.
Project Understanding
Drain No. 8 of the AAC is an underground pipeline owned by the Imperial Irrigation District (IID) that runs parallel to the AAC in the center of the City. There are roughly twenty (20) existing manholes that are located along the alignment of Drain No. 8 and its branches which provide flow control through the "fresno" style valves. The project area is shown in Exhibit A (attached separately).
We understand that during peak rainfall events, the water within IID's drains (including Drain No. 8) rises to levels that potentially backup into City of Calexico stormwater retention basins, including at Rancho Frontera Park. The intrusion of canal waters not only diminishes the surface capacity and effectiveness of the City retention basins, but also may impact safety to recreational activities within the parks, due to the excessive amount of surface water.
This Project proposes the installation of two "fresno" valves, or approved equivalent valves, within existing storm drain manholes to limit the back-washing of IID canal waters into City retention facilities.
The "fresno" valves are specifically made for the irrigation/flood control industry, and the most logical option at the current time may be a manually-controlled slide gate, or an "orchard" style valve with manual override control.
Project Approach/Scope of Work
Coordination between our team, the City, and IID is critical to the project's success. We intend to review the existing field conditions and as-built records for the project vicinity. In addition, understanding the existing hydrology within the watershed and the local drainage patterns is critical to ensuring that the installation of the valves does not negatively impact the performance of the existing retention basins.
West & Associates Engineering, Inc. • 78 Anacapa Court, Foothill Ranch, CA 92610 + 949.716.7670 | 714.728.8082 * westaeng.com City of Calexico - TO Proposal Request No. 2022-002, Project No. 2022-300 Design Engineering Services for the Installation of Two (2) Valves October 18, 2022
We have reviewed the RFP and understand that the scope is to be broken down into the following five (5) Tasks, in accordance with the RFP. The detailed scope for each task is listed in the RFP. • Task 1 - Existing Documentation and Kick Off Meeting
• Task 2 - Initiate Project Design
• Task 3 - Permits, Utility, and Right-of-Way Coordination • Task 4 - Draft Deliverables (30%, 75%, 95%)
• Task 5 - Final Document Deliverables (100%)
Schedule
Below is an anticipated schedule for the project, based on three (3) draft submittals and coordination with IID (in accordance with the RFP):
Week 1: Field Walk, Records Request, Kickoff Meeting
Week 2-3: Survey, 30% Draft Design and Submittal
Week 4: 30% Draft Design Review
Week 5-6: 75% Draft Design and Submittal
Week 7: 75% Design Review
Week 8: 95% Draft Design and Submittal
• Week 9: 95% Design Review and 100% Final Deliverable
To meet the City's 60 calendar day schedule, we may recommend proceeding with submittal stages of 50%, 90%, and Final (Bid-Ready). This will allow for two (2) reviews by the City before bidding.
Fee Estimate
Our Time and Materials fee for the requested services is $64,000. A breakdown of our fee is provided under separate cover.
Thank you for this opportunity. Please contact me if you have any questions.
Sincerely,
Phillip West
Phillip West, P.E., QSD/QSP
Principal/President
West & Associates Engineering, Inc.
(949) 716-7670 Office
(714) 728-8082 Cell
[email protected]
West & Associates Engineering, Inc. + 78 Anacapa Court, Foothill Ranch, CA 92610 + 949.716.7670 | 714.728.8082 + westaeng.com
FEE PROPOSAL
DETAILED FEE ESTIMATE
TOTAL
Task ITEM PM ENGR SURVEY ADMIN
$130 $120 $75 HRS. $
No. $280
NON-OPTIONAL WORK LISTED IN RFP
TASK 1 - EXISTING DOCUMENTATION / KICK OFF MEETING / PROJECT MANAGEMENT 1 Kickoff Meeting, Including Agenda & Minutes. 8 2 18 $2,150 2 Obtain/Analyze Data 4 8 16 $1,780
3 Site Walk / Field Review Meeting w/Cty and Utility Agencies 4 4 8 $1,000 Subtotal 16 20 0 6 42 $4,930
TASK 2 - INITIATE PROJECT DESIGN
1 Review and Summary of Existing Information Obtained 2 6 2 10 $1,130 Survey Research and Filed Topogrpahic Survey 4 8 24 36 $8,200 3 Construction SWPPP 8 30 38 $4,640
Hydrology and Hydrualic Analysis 40 48 $5,840
Bidding Support 16 4 28 $3,260
6 Construction Support 8 24 32 $3,920
7 Final Punch List and As-Bilt Drawings 8 16 24 $2,960
Subtotal 46 140 24 6 216 $29,950
TASK 3 - PERMITS, UTILITY, AND RIGHT OF WAT COORDINATION 1 Utility Coordination 4 16 8 28 $3,040
2 Permit Coordination with Various Agencies (IID, etc.) 8 32 8 48 $5,480 Subtotal 12 48 16 76 $8,520
TASK 4 - DRAFT DELIVERABLES
1 30% PS&E 8 16 24 $2,960
2 75% PS&E 8 24 32 $3,920
3 95% PS&E 8 16 24 $2,960
4 City Coordination & Review Meetings 16 16 32 $4,000
Subtotal 40 72 0 Y 112 $13,840
TASK 5 - FINAL DOCUMENTS DELIVERABLES - 100%
1 100% PS&E 4 12 16 $1,960
2 City Coordination 4 8 12 $1,480
3 IID Coordination 4 8 12 $1,480
Subtotal 12 28 0 0 40 $4,920
Direct Costs (printing, reproduction, shipping, mileage, etc.) NA $1,840 TOTAL NON-OPTIONAL WORK 74 208 24 28 334 $64,000
WEST&ASSOCIATES Fee Proposal for: City of Calexico
Design Engineering Services for the Installation of Two (2) Valves
FEE PROPOSAL
Key Positions
Position Hourly Rates
Project Manager $130
Engineer $120
Assistant Engineer $108
CAD Designer (Assistant Engineer Level)
Quality Assurance/Control
Secretary
2-Man Survey Crew
Plan Check (Per Sheet)
Reimbursable In-House Costs
Vehicle mileage, between engineer's office and
$ 0.58/mile
project site and/or client offices
Reproduction, printing, and any other services
cost + 15%
performed by subcontractor
Postage Delivery Service, Express Mail cost + 15%
NOTE: All rates are effective until December 31, 2022.
WEST&ASSOCIATES Fee Proposal for: City of Calexico
Design Engineering Services for the Installation of Two (2) Valves Alame da 5y Kodnguez St
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EXHIBIT A:
PROJECT AREA
SHOWN ON IMPERIAL IRRIGATION DISTRICT (IID) MAPS
ATTACHMENT NO. 3
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 17"h day of November, 2022, by and between the City of Calexico ("City") and West & Associates Engineering, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
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 Performance. 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 December 31, 2023. 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.
Compensation. Compensation to be paid to Consultant shall be as set forth 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 performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, 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 1 property 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 performance of the work and services agreed to be performed, 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 arrive 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 normal 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 2 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, pertain 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 party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification obligation shall be reduced in proportion 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 separate 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 asserts 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 party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative 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 3 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 performed by Consultant for City. This provision shall not apply if Consultant has no employees performing 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.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed 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 property damage for all activities of the Consultant arising out of or in connection with the work to be performed 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 occurrence.
iv. Errors and Omissions Liability. Consultant shall maintain errors 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.
4 ii. 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.
iii. 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.
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. Certificates of Insurance and Endorsements. Consultant shall provide certificates 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 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term 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 warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants 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 court in the County of Imperial, California. 5 Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party 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 party at the address set forth herein below. Either party may change its address by notifying the other party 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: City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
If to Consultant: West & Associates Engineering, Inc.
78 Anacapa Court
Foothill Ranch, CA 92610
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 charges for services, or expenditures and disbursements charged 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.
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 termination 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 party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 6 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 form by the City Attorney.
18. Waiver. No failure on the part of either party 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 counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
20. Assignment and Subcontracting. The parties 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 permitted only with the express consent of the City. Consultant shall not subcontract any portion 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 party 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***
7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO: CONSULTANT:
Esperanza Colio Warren hillip West, P.E E.. OSD/QS
City Manager Principal/President
APPROVED AS TO FORM: ATTEST:
Carlos Campos Gabriela Garcia
City Attorney City Clerk
8 EXHIBIT A
SCOPE OF SERVICES
(proposal dated 10/18/2022)
EXHIBIT B
SCHEDULE OF CHARGES
EXHIBIT C
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this day of _ 2022, at
California.
Consultant
11 ATTACHMENT NO. 4
NEI
Nicklaus Engineering, Inc. • Civil • Survey • Architecture 8(a) ~ DBE ~ WOSB ~ SBE • Environmental • Geotechnical
October 18, 2021
Lilliana Falomir
Public Works Manager - Administrative
City of Calexico
608 Heber Ave.
Calexico, CA 92231-2840
RE: Task Order Proposal Request No. 2022-002. Design Engineering Services for Installation of Two (2) Valves. Project No. 2022-300, September 30, 2022.
Dear Ms. Falomir,
Nicklaus Engineering, Inc. (NEI) appreciates this opportunity to present our proposal for the above referenced project. It is our understanding that the City of Calexico is seeking to install two (2) Fresno valves or their equivalents within the stormwater collection system to mitigate the impact of the Imperial Irrigation District's canal from flooding retention basins along Rancho Fronter Avenue, Sapphire Street, and Andrade Avenue. Our scope of work will include bidding assistance and negotiation along with limited construction administration.
Task 1 - Review of Existing Documentation and Kick-off Meeting • Review of existing data from the City of Calexico including the following: as-built plans (water, sewer, gas, communications, Imperial Irrigation District (ID)) • Field review meeting with City staff
• Kick-off meeting with City staff, IID staff, and any other relevant stakeholders Task 2 - Initiate Project Design
Project management including project monitoring and scheduling • Prepare 75% Construction Documents to include:
75% Demolition Plans
75% Site Plan (at manhole valve locations)
75% Civil Details
75% Technical Specifications
75% Drainage Report
75% Storm Water Pollution Prevention Plan (SWPPP)
• 75% Cost Estimate
Prepare 95% Construction Documents to include:
95% Demolition Plans
95% Site Plan (at manhole valve locations)
95% Civil Details
95% Technical Specifications
95% Drainage Report
95% Storm Water Pollution Prevention Plan (SWPPP)
95% Cost Estimate
Nicklaus Engineering 804 W. State Street, El Centro, CA 92243 Phone: (760) 425-0841 Fax: (928) 726-6994 www.neiaw.com NE
Nicklaus Engineering, Inc. • Civil • Survey • Architecture 8(a) ~ DBE ~ WOSB ~ SBE • Environmental • Geotechnical
• Prepare 100% Construction Documents to include:
100% Demolition Plans
100% Site Plan (at manhole valve locations)
100% Civil Details
100% Technical Specifications
• 100% Drainage Report
• 100% Storm Water Pollution Prevention Plan (SWPPP)
• 100% Cost Estimate
• Bidding and Construction Assistance
Project Manual Creation Assistance
• Pre-Bid Meeting
• RFI/Substitutions Evaluation (10 maximum)
• Review Bids
Task 3 - Permits, Utility and Right-of-Way Coordination Utility Conflict Assessment
• Encroachment Permit Coordination/Preparation for All Agencies with Jurisdictional Authority within the Project Boundaries
• Utility Application Permit Assistance in Coordination with the City Task 4 - Draft Deliverables
• Five (5) hard copies, 24" × 36" sheets and one pdf copy on a thumb drive • Presentation attendance with City staff (2 presentations max) • Three (3) revisions to City comments on 100% Construction Documents submittal • Drainage Study
• ROW Research Summary
Task 5 - Final Documents - 100%
• Upon approval from IID, City to notify NEl to prepare 100% Construction Documents and final Deliverables from Task 4, above.
Fees
The Professional Fee for this work shall not exceed a stipulated sum of one hundred and one thousand, six hundred and eighty-four dollars and zero cents ($101,684.00), which is further detailed in the attached Schedule "A". Balances are due and billed as the work progresses with the cost of document reproductions, filing fees, and permitting costs billed additionally or paid by others directly. Other services not specifically included in this proposal may be provided upon request by the Owner at fees negotiated for those services or at the rates indicated in the attached Schedule "B" and Consultants Standard Rate Schedules.
Nicklaus Engineering 804 W. State Street, El Centro, CA 92243 Phone: (760) 425-0841 Fax: (928) 726-6994 www.neiaw.com NEI NE Nicklaus Engineering, Inc.
• Civil • Survey • Architecture
8(a) ~ DBE ~ WOSB ~ SBE • Environmental • Geotechnical
Stipulations/Comments:
Should you have any questions regarding this fee proposal, please do not hesitate to give us a call. I personally look forward to working with you and remain available to commence our work upon the execution of an agreement. If this proposal is satisfactory, please sign below as our notice to proceed and we will forward the appropriate contract documents for Signature.
Sincerely,
NICKLAUS ENGINEERING, INC.
Jed Baker, PE
Senior Engineer
Accepted by:
City of Calexico
Name Date
Attachments:
Schedule "A" Professional Services Fee Estimate
Schedule "B" Rate Schedule
Nicklaus Engineering 804 W. State Street, El Centro, CA 9224:
hone: (760) 425-084 Fax: (928) 726-6994 www.neiaw.com
Schedule A
Design Engineering Services for the Installation of Two (2) Valves, Project No. 2022-300, Sept. 30, 2022 Professional Services Fee Estimate 10-18-2022
Program Project Engineer- Civil
Description of Work Expenses TOTAL
Manager Senior Designer
I TASK 1 - EXISTING DOCUMENTATION & KICK OFF
Document Review $ $
Review existing photos, plans, ROW, as-builts (water,
sewer gas, comm, etc) for conflicts with project 2 16 16 $ $ 4,924.00 Site Visit and field review with City staff $ 2,880.00
Kick-off Meeting $ 720.00
Estimated Hours 12 26 16
Rate 198.00 162.00 $ 121.00
Amount 2,376.00 4,212.00 1,936.00 $ 8,524.00
SUBTOTAL I $ 8,524.00
II TASKS 2, 3, 4 AND 5 - CIVIL DESIGN SERVICES
Design Development - 75%
Initial Coordination & Meetings (IID, City of Calexico, etc.) 4 8 $ 2,088.00 Review of Exist. Documents & Data (Plans, Reports,
Correspondence) ∞ ∞ 2,660.00
Utilities Agengies Coordination (Utility Conflicts) 3,560.00 Survey $ 7,500.00 $ 7,500.00
ROW Review and Required Encroachment Permit Review 16 3,232.00 75% Demolition Plans 0 = ∞ 2,584.00
75% Site Plan (at MH valve locations) 3,232.00
75% Civil Details 8 $ 6,136.00
75% Technical Specifications $ 6,152.00
75% Drainage Report and Calculations 40 $ 8,416.00
75% SWPPP $ 5,824.00
75% Cost Estimate 16 2,592.00
Construction Documents - 95%
Coordination & Meetings (IID, City of Calexico, etc.) 16 $ 3,384.00 Utilities Agengies Coordination (Utility Conflicts) 16 $ 3,384.00 95% Demolition Plans 2 $ 962.00
95% Site Plan (at MH valve locations) $ 2,012.00
95% Civil Details 2 NOONN $ 2,012.00
95% Technical Specifications $ 1,286.00
95% Drainage Report 2 $ 962.00
95% SWPPP 2 4 $ 1,204.00
95% Cost Estimate N T 846.00
4 6 67
95% Encroachment Permit Coordination/Preparation 2 8 2 1,934.00 Construction Documents - 100%
Coordination & Meetings (ID, City of Calexico, etc.) 4 8 2,088.00 Utilities Agengies Coordination (Utility Conflicts) N N 324.00 Demolition Plans 2 764.00
Site Plan (at MH valve locations) $ 764.00
Civil Details $ 764.00
Technical Specifications $ 764.00
Drainage Report $ 764.00
SWPPP 2 $ 764.00
Cost Estimate 2 764.00
Encroachment Permit Coordination/Preparation $ 1,330.00 Three (3) Comment/Response Reviews of 100%
Submittal 6 6 $ 2,292.00
Estimated Hours 44 268 196
Rate 198.00 $ 162.00 $ 121.00
Amount 8,712.00 $ 43,416.00| $ 23,716.00 $ 7,500.00 $ 83,344.00 SUBTOTAL II $ 83,344.00
IIII TASK 2 - BIDDING ASSISTANCE
Project Manual Assistance 4 24 24 $ 7,584.00
Pre-Bid Meetin 4 4 $ $ 1,440.00
{Fls/Substitutions (10 max $ $ 792.00
Review Bids
Estimated Hours 12 28 24
Rate 198.00 $ 162.00 121.00
Amount 2,376.00 $ 4,536.00 $ 2,904.00 $ 9,816.00
Schedule A
Design Engineering Services for the Installation of Two (2) Valves, Project No. 2022-300, Sept. 30, 2022 Professional Services Fee Estimate 10-18-2022
Program Project Engineer - Civil
Expenses TOTAL
Description of Work Manager Senior Designer
SUBTOTAL III $ 9,816.00
SUMMARY
TASK 1 - EXISTING DOCUMENTATION & KICK OFF 8,524.00
TASKS 2, 3, 4 AND 5 - CIVIL DESIGN SERVICES $ 83,344.00 TASK 2 - BIDDING ASSISTANCE $ 9,816.00
Ill
SIONAL SERVICES FEE ESTIMATE $ 101,684.00
1. This estimate does not include design review fees or development tees.
2. This estimate does not include a Traffic Control Plan.
3. Material Testing and Construction Staking during construction is not included in this proposal.
4. This proposal does not include offsite improvements.
NEZ NICKLAUS ENGINEERING, INC. • Civil • Survey • Architecture 8(a) ~ DBE ~ WOSB ~ SBE • Environmental • Geotechnical
SCHEDULE B
Standard Rate Schedule
Division Description Rate/Hour
Program Manager $198.00
Project Manager $162.00
Project Engineer- Senior $162.00
Project Engineer- Staff $129.00
Project Engineer- Junior $100.00
Engineering Technician $ 86.00
Quality Assurance Manager - Senior $152.00
Civil Civil Designer $121.00
CAD Technician $ 74.00
GIS Specialist - Senior $140.00
Resident Construction Engineer $129.00
Architecture Project Architect- Senior $162.00
Project Architect- Staff $130.00
Architectural Designer $ 99.00
Architectural Technician $ 93.00
Environmental Certified Industrial Hygienist $198.00
Environmental Professional / Scientist $ 96.00
Environmental Technician $ 75.00
Scientist - Senior $187.00
Scientist - Staff $132.00
Scientist - Junior $ 78.00
Geologist- Senior $158.00
Geologist- Staff $128.00
Geologist- Junior $117.00
Geotechnical Lab Manager $122.00
Lab/Field Technician - Senior $ 71.00
Lab/Field Technician - Staff $ 61.00
Lab/Field Technician - Junior $ 48.00
Inspections Inspector/Assessor- Senior $117.00
Inspector/Assessor-Staff $ 93.00
Construction Construction Manager - Senior $130.00
Construction Manager - Staff $117.00
Estimator $130.00
Site Superintendent $101.00
Quality Control Manager $187.00
Site Safety & Health Officer (SSHO $ 90.00
Administration Contracts Manager $161.00
Administrative Assistant $ 70.00
Updated 10-01-2020
ATTACHMENT NO. 5
Lilliana Falomir
From: Wong, Patrick <[email protected]>
Sent: Monday, October 10, 2022 1:43 PM
To: Lilliana Falomir
Subject: RE: Task Order Proposal Request No. 2022-002 - Design Engineering Services for Installation of Two (2) Valves
Lily,
After review of the scope of work, we have decided to pass on this opportunity. Please keep us in mind for other task orders. Thanks,
Patrick
From: Lilliana Falomir <[email protected]>
Sent: Friday, September 30, 2022 2:25 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Wong, Patrick <[email protected]>
Cc: Lilliana Falomir <falomirl@ calexico.ca.gov>
Subject: Task Order Proposal Request No. 2022-002 - Design Engineering Services for Installation of Two (2) Valves Good Afternoon,
Attached you will find Task Order Proposal Request No. 2022-002 for Design Engineering Services for Installation of Two (2) Valves.
If you have any questions, please do not hesitate to contact me at 760/768-2160.
Sincerely,
Lilliana "Lily" Falomir
Public Works Manager - Administrative
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
760/768-2160
760/768-0992Fax
[email protected]
ATTACHMENT NO. 6
BUDGET AMENDMENT RESOLUTION NO. 2022-—
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
CALEXICO TO THE FINAL BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Final Budget for Fiscal Year 2022-2023 was adopted by Resolution No. 2022-48 of the City Council on August 10, 2022; and
WHEREAS, the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s)
AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total $ -
2) Record Appropriation(s)
Fund No. Department Division Account Sub-Account Amount Total $ -
3) Record Transfer of Funds:
FROM:
Fund No. Department Division Account Sub-Account Amount 255 91 915 55025 000 $ 64,000.00
Total $ 64,000.00
TO:
Fund No. Department Division Account Sub-Account Amount 255 91 915 56000 000 $ 64,000.00
Total $ 64,000.00
5) Purpose of Budget Amendment:
Engineering Services for the Installation of Two (2) Valves PASSED, APPROVED AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 17th day of November, 2022.
JAVIER MORENO, Mayor
ATTEST:
GABRIELA GARCIA, City Clerk
APPROVED AS TO FORMS;
CARLOS CAMPOS, City Attorney
STATE OF CALIFORNIA)
CITY OF CALEXICO ) ss.
COUNTY OF IMPERIAL)
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No, 2022-_, was duly adopted by the City Council at their regular meeting of said City Council held on the 17th day of November, 2022 by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
GABRIELA GARCIA, City Clerk
City of Calexico