HomeMy WebLinkAboutAtkins North America Inc; 2012-11-06; UTIL951UTIL951
AGREEMENT FOR MAERKLE RESERVOIR TRANSMISSION PIPELINE
CANTARINI TO MAERKLE DAM DESIGN SERVICES
(ATKINS NORTH AMERICA, INC.)
THIS AGREEMENT is made and entered into as of the day of
_, 20/og^. by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carlsbad, ("CMWD"), and ATKINS NORTH AMERICA, INC., a Florida
corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of an engineering firm that is
experienced in water transmission pipeline design.
B. Contractor has the necessary experience in providing professional services and
advice related to water transmission pipeline design.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first
above written. The Executive Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed one hundred
thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory
review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD
Board of Directors. The parties will prepare a written amendment indicating the effective date
and length of the extended Agreement.
4 COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
three hundred twenty five thousand one hundred ninety one dollars ($325,191). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%)
retention until CMWD has accepted the work and/or Services specified in Exhibit "A".
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
5. STATUS OF CONTRACTOR
Contractor will perform the Sen/ices in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD
may deduct the indemnification amount from any balance owing to Contractor.
6. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions
of persons directly employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be
responsible for payment of subcontractors. Contractor will bind every subcontractor and every
subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work
unless specifically noted to the contrary in the subcontract and approved in writing by CMWD.
7. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
8. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
9. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
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insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH", OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
9.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are
adequate to protect Contractor. If Contractor believes that any required insurance coverage is
inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense.
9.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
9.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's
work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
9.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
9.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of fiv^ years following the date of completion of the work.
I I If box is checked, Professional Liability
CMWD's Initials U^dhtfactor's Initials Insurance requirement is waived.
9.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
9.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
9.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
9.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD
sent by certified mail pursuant to the Notice provisions of this Agreement.
9.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
9.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach, or may purchase
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replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
9.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements at a
location convenient to the City.
10. BUSINESS LICENSE
Contractor will obtain and maintain a City of Cartsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
11. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of
CMWD dunng normal business hours to examine, audit, and make transcnpts or copies of
records and any other documents created pursuant to this Agreement. Contractor will allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement for
a penod of three (3) years from the date of final payment under this Agreement.
12. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the nght to make one (1)
copy of the work product for Contractor's records.
13. COPYRIGHTS
Contractor agrees that all copyrights that anse from the services will be vested in CMWD and
Contractor relinquishes all claims to the copynghts in favor of CMWD.
14. NOTICES
The name of the persons who are authorized to give written notices or to receive wntten notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD
Name
Title
Phone
William Plummer
Engineering Manager
Cartsbad Municipal Water
Distnct
Address 1635 Faraday Avenue
Cartsbad, CA 92008
760.602.2768
For Contractor
Name
Title
Address
Phone
E-mail
Jeremy Clemmons
Project Manager
3570 Carmel Mountain Road,
Suite 300
San Diego, CA 92130
858.874.1810
jeremy.clemmons(^atkinsglobal.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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15. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categones.
16. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
17. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrtmination and harassment.
18. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to wrtting. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon/varded
to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such
cases, the action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them at law.
19. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD
may terminate this Agreement for nonperformance by notifying Contractor by certified mail of
the termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be
paid for work performed to the termination date; however, the total will not exceed the lump sum
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fee payable under this Agreement. CMWD will make the final determination as to the portions of
tasks completed and the compensation to be made.
20. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, CMWD will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the
full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
21. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
must be asserted as part of the agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to
criminal prosecution. Contractor acknowledges that California Government Code sections
12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include
false claims made with deliberate ignorance of the false information or in reckless disregard of
the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding as the result of which Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
22. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
23. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the pnor consent
of CMWD, which shall not be unreasonably withheld.
24. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, nght and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
ATKINS NORTH AMERICA, INC., a
Florida corporation
By:
(signliere)
DavicTJ. Carter, Senior Vice President
CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the
Municipal Water Act of 1911, and a
Subsidiary District of the City of Carisbad
ATTEST:
(sign here) \ \ pj^Q^^y,,"' //ORRAINE
Rene de los Rios, Assistant Se^taiV ^ cs--f^orv/
^Srtl. ^^%%^ secretary -^o
(print name/title) KAREN R. KUNDTZ, Assistant^'^aaret^ary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:
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NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE}
PERSONALLY APPEARED
David J. Carter and Rene de los Rios
by me to be the Senior Vice President and Assistant Secretary
before me, the undersigned authority,
, well known to me or who has produced
as identification and known
ofthe
corporation named above, and acknowledged before me that they executed the foregoing instrument
on behalf of said corporation as its true act and deed, and that they were duly authorized to do so.
WITNESS my hand and official seal this 1st day of November, 2012.
DEBORAH LYNN SHIMEL
MY COMMISSION #DD 924543
EXPIRES: November 13,2013
''^f^p?''' Bonded Thru Notary Public Undenwriters
NOTARY PUBLK
Print Name: DEBORAH LYNN SHIMEL
My Commission Expires: Nov. 13, 2013
EXHIBIT A
ATKINS
Revised Preliminary Scope of Work and Task Breakdown - October 24,2012
The scope of work for the Maerkle Reservoir Transmission Pipeline from Cantarini to Maerkle Dam is based on the
following:
• The RFP dated July 12,2012 and received by our office on July 25,2012
• Addendum No. 1 dated August 8,2012
• Meetings and telephone conversations with William Plummer, Steven Plyer, and Bill Hofman to review the
project scope
• Prior work on the Water Master Plan
• Confirmation of a single conceptual pipeline alignment within the proposed development roadway prepared by
Hofman Planning and Engineering (HPE) forthe Mandana Cal Co Property.
With the collection of initial background data, the Atkins team can facilitate a "Win-Win" solution for the City and the
adjacent property owners. The project consists of preliminary design, environmental review, final design, construction
administration and constmction inspection for approximately 6,300 feet of 36-inch diameter treated water pipeline.
Our proposed scope of work, which will serve as a basis for negotiations, is as follows:
A. Preliminary engineering report
1. Kick-off meeting. Atkins will meet with the City to develop and refine the project's scope, schedule and
approach.
2. Planning worksliop. Atkins will conduct one (1) planning workshop session with engineering, public works,
operations, environmental, adjacent property owners and other City staff to confirm our understanding of
project goals, establish major perfonnance criteria, review the cunrent developer conceptual pipeline/roadway
alignment and grading as part ofthe proposed Mandana property developer plan, present further developed
Ideas and brainstorm all viable project altematives to be certain no options are missed.
3. Alignment analysis. Atkins will evaluate the current conceptual pipeline/roadway alignment and grading
developed by HPE to confinn the alignment meets the project goals established in the workshop. Confirmation
ofthe alignment will include reviews ofthe capital costs, operational and maintenance costs, constmctability,
implementation, environmental impacts, construction sequencing (shutdowns), hydraulic system requirements,
and adjacent property benefits.
4. Developer coordination. Atkins will coordinate with adjacent property owners on future development plans
including the timing and probability of constmction forthe Cantarini property, HPE to understand the concept
design/ proposed lot study for the Mandana property; possible development opportunities on the Kato Family
property.
5. Preliminary geotechnical design evaluation. Ninyo & Moore will prepare a Preliminary Geotechnical
Evaluation Report forthe project. The report will provide a summary of findings relative to geologic setting and
on-site geologic and groundwater conditions. The report will also include preliminary conclusions and
recommendations regarding the feasibility ofthe different aspects ofthe proposed construction and provide
design and construction recommendations for pipeline project being evaluated. The report will be based on two
selected locations.
6. Soil corrosivity assessment Our subconsultant, RF Yeager Engineering will provide a soil con'osivity
assessment letter report to include all test data, observations, a)ncIusions, and recommendations for corrosion
control, materials of construction, and coating options. Recommendations for corrosion control will be based
upon sound corrosion engineering practices, City and AWWA Standards, and the available corrosion control
methods and coating options.
7. Opinion of probable cost Atkins will develop a rough order magnitude opinion of probable cost for the
preliminary alignment.
8. Preliminary engineermg report (PER). Atkins will prepare a PER that defines the preliminary alignment and
briefly discusses the key attributes of other potential pipeline alignments. The report will assist the City in
defensively documenting the cunrent conceptual alignment selection in coordination with the proposed
Mandana property development plan. The PER will document any segments in which directional drilling may
be considered during final design. Assumptions with regard to future roadway widths and utilities will be noted
and coordinated with HPE.
9. Quality assurance review/technical review. At key points, the Technical Review and Planning Liaisons will
convene to review the progress ofthe design, review all major technical aspects ofthe project, make
recommendations for changes and/or enhancements to the project, and ensure that budget and schedule are
being met. By utilizing input from experts at key times during the design period, the technical quality of the
project can be enhanced with minimal additional costs to the project. We have successfully utilized this method
on other pipeline projects with excellent results.
B. Supplemental information
1. Final geotechnical investigation. Ninyo & Moore will prepare a Final Geotechnical Evaluation Report for the
project. The report will provide a summary of our findings relative to geologic setting, on-site geologic
conditions, groundwater, faulting and seismicity including ground shaking levels, and liquefaction potential. The
report will include general conclusions and recommendations regarding the feasibility ofthe proposed
constmction, and provide design and construction recommendations for the project
C. Environmental
Environmental constraints study. The following biological and cultural resource scopes of work wiil provide
environmental constraints and opportunities information to confirm the pipeline alignment evaluation process
and support the preparation of a Mitigated Negative Declaration (MND), should one be required. These studies
will be based on the cun^nt conceptual pipeline/roadway alignment and grading prepared by HPE for the
Mandana development plan. Studies for other potential alignments, If detemiined necessary during the
preliminary engineering phase, wiil be performed as additional sen/ices. It is assumed that the City would
make payment of any fees related to this project, such as the Califomia Department of Fish and Game
CEQA Document Filing Fee.
1. Biological resources. Perfonn a review of available Mandana Cal Company property plans and documents,
City of Carlsbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Update Program
EIR, Cantarini-Holly Springs Development Final EIR, Preserve Management Plan for Cantarini Ranch
Preserve, Carlsbad HMP, Califomia Natural Diversity Database (CNDDB), and other relevant information
sources. Prepare biological resource data maps based on these sources to be used during the constraints
study. The information will be categorized by level of constraint and will be presented and discussed at a
workshop with the project team. Attend one workshop with City and developer staff to determine the
appropriate pipeline alignment. Conduct a one-day general biological sun/ey to inventory existing conditions
within up to 15 acres of altemative alignment area. The general biological survey will follow the requirements of
mitigation measure Bio-1 A from the City of Carlsbad Sewer Master Plan CMWD Water and Recycled Water
Master Plans Update Program EIR (Program EIR). The sun/ey will determine the need for further biological
surveys and analyses for environmental review and issuance of discretionary actions or permits for the project.
Prepare a study area map using Geographic Information System (GIS) to depict the general biological
vegetation community survey results. Prepare a biological resources technical report describing the results of
the general biological sun/ey and addressing the alignment selected as the proposed project. The technical
report will provide documentation sufficient for use during environmental review and preparation of an MND for
the project, if it is determined to be necessary. Submit the draft technical report to CMWD for review and
prepare up to two sets of revisions to the draft document based on CMWD comments within the limits of a 16-
hour professional staff budget.
Biological Resources Exclusions and Assumptions. This biological resources scope of work does not include
wetland delineation surveys or any regulatory agency permitting. Similarly, it does not include rare plant
surveys or protocol surveys, reporting, or wildlife agency consultation or pennitting. Based on the City of
Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Update Program EIR, this
project (Water CIP Project 10) could directly or indirectly impact natural habitat suitable for special-status
species addressed within the Carisbad HMP and, therefore, presence/absence surveys for rare plants and/or
protocol-level surveys for special status wildlife species may be required. It would be speculative to assume
which, if any, additional studies would be required for the project based on the information available at this time;
therefore, they are not included in this scope of work. In the event that additional biological resources surveys,
reporting, and/or agency coordination is required forthe project, Atkins would propose these as additional
services. This scope also does not include attendance at any meetings by the lead biologist
2. Phase I cultural resources. The cultural resource constraints research and survey for this project (Reference
Number 10) in the Water Master Plan Update will follow the Program EIR cultural resource mitigation measure
Cul-1. Conduct a records search at the South Coastal Information Center (SCIC) to determine if a cun'ent
survey report addresses the proposed pipeline alignment If a curent report addresses potential impacts on
cultural resources wthin the alignments, Atkins will recommend that the City or CMWD implement the
mitigation measures provided within the report. If a report is not available for the alignments, Atkins will
consider the results ofthe record search, and request a Native American Heritage Commission sacred lands
database search. Prepare an alignment study area cultural resource map using Geographic Infonnation
System (GIS) to depict the cultural resources research information obtained from the record search. The .
information will be categorized by level of constraint and will be provide for use at a workshop with the project
team. Conduct a pedestrian field sun/ey ofthe proposed alignment covering not more than 15 acres. Prepare a
Phase I Cultural Resources Assessment technical report describing the results ofthe research and survey
completed during the constraints analysis and an impact analysis of the selected alignment, with mitigation
recommendations, as necessary. Subniit the technical report to CMWD for review and prepare up to two sets
of revisions to the document based on CMWD comments within the limits of a 16-hour professional staff
budget
Cultural Resources Exclusions and Assumptions. Based on the results ofthe research and field survey, this
project could detect cultural resources which could be directly or indirectly impacted by project implementation,
and these resources could require additional wori<, such as recordation, research, or test excavation and
evaluation programs. Because it is not known whether these additional services will be required to support the
proposed project, we have not included these tasks. A scope of wori^ and budget for additional efforts will be
developed after the completion ofthe constraints research and survey. Finally, the cultural resources scope of
work does not include attendance at a pipeline alignment wori^shop or any meetings.
3. Paleontological resources. Prepare a paleontological resources study and technical report forthe selected
alignment in accordance with Program EIR mitigation measure Pal-1. Submit the technical report to CMWD for
review and prepare up to two sets of revisions to the document based on CMWD comments within the limits of
an 8-hour professional staff budget
4. Notice of Determination (NOD). If a MND is not required for the proposed project than it would be
appropriate to prepare and file a Notice of Determination (NOD) after approval ofthe project. Therefore
Atkins will prepare a NOD and submit it to the City for their filing with the County Clerk and State
Clearinghouse.
5. Altemative Alignment Environmental Studies. Based on discussions with the City, CMWD and HPE, Atkins
anticipates that the current conceptual pipeline/roadway alignment and grading (developed by HPE) will be
adequate to meet the goals ofthe project. Therefore, this scope of work does not include environmental
analysis of alternative pipeline alignments beyond the cun-ent conceptual alignment Ifthe conceptual
alignment is detemnined not feasible during the preliminary phase ofthe project additional tasks and studies
may be required for altemative alignments. These studies, including additional field surveys, report
addendums and other associated tasks can be provided as additional services.
6. MND - Environmental review. The approach to tiie CEQA document for the project will be to tier from the
2012 Program EIR (SCH#2012021006), which is being prepared by Atkins and will be certified In October,
2012. Because the CMWD Water Master Plan addressed this project as CIP Reference Number 10, a
considerable amount of environmental infonnation is already available at the Program EIR level. This project Is
considered a subsequent activity under the CMWD Water Master Plan, which falls within the scope of tiie
Program EIR. Based upon the aforementioned information, an MND may not be necessary. If an MND is not
deemed necessary, no further CEQA review would be required, provided that the project incorporates the
project design features and mitigation specified in the Program EIR. If an MND is appropriate, or if ttie City so
desires, the MND can be prepared as an additional service.
D. Surveying
Through our sub-consultant, O'Day Consultants will conduct an aerial topographic survey 100-feet wide centered
on the selected alignment. The aerial topographic survey will be prepared at a scale of 1" = 40' with 1-foot contours.
O'Day will also research and calculate existing property and easement boundaries.
E. Final design
This scope and approach may be modified pending the outcome of the PER. Our basic assumptions are tiiat the
pipeline will generally follow the existing 27-inch pipeline and future roadway to Cantarini. The final design phase
will generally consist of tiie following tasks:
1. Design drawings. Atkins will prepare final design drawings for the b-ansmission main based on the preliminary
alignment from the PER. The plans will be generated In AutoCAD Civil 3D. Design will include plan and profile
of the transmission main, connection details, details of associated appurtenances and corrosion control.
2. Contract document book. The City will provide the front end ("boilerplate") documents, including the general
conditions. The Atkins team will prepare a list of bid Items for the front end documents as well as technical
specifications necessary to construct the project in Constmction Specifications Institute (CSI) format The
technical specifications will also include tiie City's standard specifications and special provisions.
3. Opinion of probable cost Atkins will prepare an opinion of probable cost for constmction of the transmission
main. Quantity calculations shall be included with the submittals, and ttie format ofthe estimate will match tiie
Bid Item list in the Confa-act Document Book.
4. Engineering calculations. Atkins will perfonn engineering calculations necessary to design the pipeline
including pipe thickness, pipe loading, including future construction land, and appurtenance calculations.
5. Construction schedule. Atidns will develop a preliminary construction schedule for coordination with adjacent
property owner, seasonal environmental requirements and operation restraints.
6. Quality assurance review/technical review. At key points, the Technical Review and Planning Liaisons will
convene to review tiie progress ofthe design, review all major technical aspects of tiie project make
recommendations for changes and/or enhancements to the project and ensure that budget and schedule are
being met By utilizing input from experts at key times during the design period, the technical quality ofthe
project can be enhanced with minimal addition costs to tiie project
7. Review meetings and coordination. Attains will attend plan review meetings and coordinate with the City and
other consultants tiiroughout the final design phase. It is anticipated that Atkins will submit constiuction
drawings and specifications to ttie City for review at the 70% and 100% completion stage. The vertical
alignment will be developed at the 70% level of design, and City comments will be incorporated at the 100%
submittal. Designing the profile during detailed design will reduce revisions to the plan and profile drawings.
The City will review ttie drawings and specifications, and return one set marked with the District's comments.
Plan and profile sheets shall include horizontal and vertical conti^ol, tiie location of pipeline appurtenances such
as line valves, air/vacuum valves, blowoffe, thrust blocks, restrained and/or welded pipe, etc.
F. Easement plans
Through our sub-consultant, O'Day Consultants will prepare easement documents forthe new transmission line
that will include legal description and plans for botii temporary constiuction and permanent easements.
G. Bidding services
Ati<ins anticipates ttiat CMWD will perfomri tiie majority of tiie bidding services tasks based on input from CMWD. A
limited budget (19 hours) has been developed to allow Atkins to assist CMWD during the bidding phase when
requested. This budget was based on one Ati^ins engineer attending the Pre-BId Meeting, and minor assistance
with addenda or clarifications.
H. Construction administration
1. Pre-construction conference. Attains will attend ttie pre-constiuction conference and will be represented by
the Project Manager, Constiuction Manager and the Constmction Inspector.
2. Review schedule of values. Atkins will review tiie schedule of values submitted by the contractor for
conformance with standard industiy practices and project specifications.
3. Review contractor's schedule. Atkins will review the constmction schedule submitted by the contractor for
conformance witii standard industry practices and project specifications.
4. Shop drawing reviews. Atkins will review shop drawings submitted by the contractor for conformance with
design concept and compliance with information given in tiie contract documents. This task anticipates a total
of five (5) shop drawing reviews. .
5. Review progress payments. Atkins will review progress payments submitted by the contiractor with actual
work completed and approved schedule of values. This task anticipates a total of seven (7) progress payments.
6. Request for information (RFIs). Atkins will respond to RFIs submitted by the Contractor within the time
specified in ttie Contract Documents. This task anticipates a total of five (5) RFIs.
7. Review change orders. Attains will review Change Orders submitted by the Contractor for valid changes in
scope and justifiable costs. This task anticipates a total of tiiree (3) change orders.
I. Resident project inspection
Atkins will provide a prevailing wage on-site inspector to monitor and inspect consti-uctlon activities. This task
anticipates the inspector will be on-site for approximately two hours a day for an anticipated one-hundred and
eighty-two (182) constiuction day period.
J. Post startup and certification
Atkins will prepare final record drawings from as-bullt mari^-ups provided by the Contractor. This task assumes that
as-built mark-ups are complete and thorough. This task includes a field investigation for general conformance and
review of as-built mark-ups provided by the Contractor.
Additional Services Contingency
Based upon discussions with the City, CMWD and HPE, Atkins has developed an as-needed contingency budget
for potential additional services tasks tiiat may be required ifthe current conceptual pipeline and roadway
alignment forthe Mandana Cal Co. property development is determined non-feasible by the project team. This
contingency budget is anticipated to be Included as part ofthe project contract, but is understood by Atkins to not
be utilized unless a detailed scope of work is submitted and written approval Is granted by the City. The following
are potential additional service tasks that may be required for an alternative alignment:
1. Additional Workshops. Additional planning wori^shops with the project team to discuss potential alternative
alignments.
2. Additional Alignment Analysis. Evaluation of altemative alignments from both an engineering and
environmental perspective if required. Screen out alignments that least conform to the project goals. Evaluate
in detail a selection of alignments that most conform to the project goals. The selection will be evaluated on
several factors, including, but not limited to capital costs, operational and maintenance costs, constructabiiity,
implementation, environmental impacts, construction sequencing (shutdowns), hydraulic system requirements,
and adjacent property benefits.
3. Additional Environmental Surveys and Reports. Perfonn biological, cultural and paleontological
surveys as needed for alternative alignments. Develop report addendums forthe analysis.
4. Preparation of a Mitigated Negative Declaration. If determined necessary, prepare an Initial Study /
Mitigated Negative Declaration (IS/MND) for the final project alignment. Prepare the Future Project
Environmental Checklist (Initial Study) template developed as part ofthe Program EIR for the proposed
project based on secondary infonnation sources, including the Program EIR; and, the technical studies
prepared forthe project (biological, cultural and paleontological resources). MND will be prepared based
on the analysis in the IS form. Submtt three hard copies of each of three screencheck review versions of
the IS/MND and prepare three sets of revisions to the IS/MND based on City staff comments within the
limits of a 40-hour professional staff budget Prepare a notice of intent (NOI) and a notice of completion
(NOC) for the IS/MND and submit them to the City for their use. The City will prepare the NOI newspaper
advertisement and place tiie ad In a newspaper of general circulation. It is assumed that the city will be
responsible for distribution ofthe draft IS/MND. Atkins will provide twenty-five (25) hard copies; five (5)
CD copies; one (1) master hard copy; and, one (1) digital copy on CD in a format that can be easily
posted to the city's website. Prepare responses to comments received on the Draft MND within the limits
of a 16-hour professional staff budget. Atkins will prepare one set of revisions to the response to
comments based on one set of consolidated city comments within the limits of an 8-hour professional
staff time budget Prepare ten (10) hard copies and one (1) master CD copy ofthe final IS/MND and
submit them to tiie City. It is assumed that city staff will distribute the final IS/MND to the appropriate
parties. Prepare a Notice of Determination (NOD) and submit It to the city for their filing with the County
Clerk and the State Clearinghouse. The Atkins environmental Project Manager will attend up to three
meetings with City staff. The Attains environmental Project Manager will prepare for and attend one public
hearing.
LABOR ESTIMATE
Project Name: Maerkle Reservoir Transmission Pipeline
Client/Owner City of Carlsbad
Project Manager Jeremy Clemmons
Prepared By: Jeremy Clemmons
Proj/Prop No.: 5001 (Atkins p10003Q605)
Date: October 23, 2012
ATKINS
FEE SUMMARY
ITEM TOTAL
Labor $263,781
Outside Services $61,410
Direct Costs $4,309
TOTAL (excluding additional services) $329,500
Contingency for Potential Additional Services $45,000
TOTAL (including contingency) $374,500
BILLING RATES
ENGINEERING SERVICES
Engineering Aide - EA $70
Engineer I - El $105
Engineer 11-Ell $115
Engineer III - EIII $120
Senior Engineer I - SEI $130
Senior Engineer 11 - SEII $140
Senior Engineer III - SEIII $145
Supervising Engineer I - SPEI $155
Supervising Engineer ll - SPEII $170
Principal Engineer I - PRI $180
Principal Engineer II - PRII $196
Principal Engineer III - PRIM $209
. Principal EngineerIV-PRIV $219
ADMINISTRATIVE SERVICES
Admin Assistant I/Clerk - Al $60
Admin Assistant II (N6) - All $65
Admin Assistant 111 (N7) - All I $75
Sr. Admin Assistant I (N8) - SAI $80
Sr. Admin Assistant 11 (N9) - SAII $85
Sr. Admin Assistant III - SAIII $95
Senior Administrator - SA $105
OTHER PROFESSIONAL SERVICES
Professional l/GIS Analyst - PI $88
Professional ll/GIS Analyst II - Pll $101
Sr. Prof. I/Sr. GIS Analyst I - SPl $122
Sr. Prof ll/Sr. GIS Analyst II - SPII $135
Sr. Prof Ill/Sr. GIS Analyst III - SPIII $150
Supervising Professional - SP $170
Principal Professional - PP $196
PUBUC AFFAIRS SERVICES
Project Manager - PM $ 170
Comm Relations Specialist - CRS $140
Assistant Project IVIanager - APM $125
Account Coordinator - AC $80
ENVIRONMENTAt SCIENCE
Research /Assistant - RA
Assistant Scientist - AS
Scientist I - SI
Scientist II - Sll
Scientist III - Sill
Senior Scientist I - SSI
Senior Scientist II - SSII
Senior Scientist III - SSIII
Senior Scientist IV-SSIV
CONSTRUCTION RELATED SERVICES
Contract Administrator - CA
Sr. Contract Administrator - CAS
Construction Mgmt Rep. I* - CMI
Construction Mgmt Rep. 11* - CMil
Senior Field Representative* - SFR
Prevailing Wage Field Rep. - PWFR
Senior Project Engineer - SPEC
Constnjction Manager - CM
Senior Construction Manager - SCM
C* non-prevailing wage)
DESIGN & GRAPHIC SERVICES
CADD Technician I (N7) - CTI
CADD Technician ii (N8) - CTII
CADD Technician 111 {N9) - CTI.II
Graphics Designer I (N10) - GDI
Graphics Designer II (N11) - GDII
Designer I - Dl
Designer II - Dll
Senior Designer I - SDI
Senior Designer II - SDII
Senior Designer III - SDIII
$65
$87
$110
$120
$140
$160
$170
$205
$250
$86
$110
$90
$125
$115
$125
$135
$130
$175
$70
$85
$95
$95
$100
$100
$115
$120
$135
$140
FILE: Carisbad Maer/cfe PL - Revised Fee Prop - 10-23-12.xlsm
Atkins Page 1 of 3
TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS
Pt Task Task/Sub PRII SPBI SAII SPEI Dll SCM CMII SSIV SSD Sll PRIV HOURS FEE
$199 $170 585 $155 $115 S175 S125 $250 $170 $120 $219 •
A Prelli ninary Engineering Report
1 Kick-off Meeting 4 8 8 20 $3,384
2 Workshop (1) 8 8 12 4 6 38 $6,748
3 Alignment Analysis (1) 12 12 20 80 4 128 $17,692
4 Developer Coordination 8 24 32 $5,288
5 Prelim. Geotechnical Assessment 0 $7,820
Geotechnical Coord. 8 8 $1,360
6 Soil Corrosivity Assessment 0 $3,450
Sdi Corrosivity Coord. 8 8 $1,360
7 Opinion of Probable Cost 2 4 12 18 $2,932
8 Preiiminafy Engineering Report 4 12 20 40 8 84 $11,724
g QA/QC 8 8 16 $3,752
Subtotal 352 $65,510
B Supp lemental Information Phase
1 Final Geotechnical lnvestigatk}n 0 $13,110
Geotechnical Coord. 8 8 16 . $2,600
Subtotal 16 $15,710
c EnvIr on mental (1 alignment - See assu nptlon •>)
1 Biological Resources 12 30 50 92 $14,100
2 Cultural Resources 12 20 40 72 $11,200
3 Paleontological Resources 8 10 40 58 $8,500
4 l\/1eetings(2)/Hearing(1} 8 8 $1,360
6 Notice of Determination 8 8 $1,360
6 Additional Alignments (if required • performed as additional services) 0 $0
7 MND (if required - perfonmed as adc ittonal service. 5) 0 $0
Subtotal 238 $36,520
PRII SPEII SAII SPEI DM SCM CMII SSIV SSII Sll PRIV PAGE TOTALS
TOTAL - THIS PAGE 38 68 i 20 124 1 B4l 50 7B 130 1 B 606 $117,740
TOTAL-ALL PAGES 63 2M 1 S2 400 i 376 68 377 58 76 0 1.826 $325,191
JPA PA400-2/98 Carisbad Maertde PL • Revised Fee Prop • 10-23-12.xlsn) • 10/24/2012
Atkins Page 2 of 3
1 TASK DESCRIPTION L ABOR CODE/STAFF HOURS TOTALS
Pt Tisk TaskfSub PRII SPEII SAII SPEI Dll SCM CMII SSIV SSII 811 PRIV HOURS FEE
SI 96 $170 $85 $155 S115 $176 $125 $250 $170 S120 $219 -
D Surv( jying
1 Project Surveying 0 $23,920
2 Survey CoordinationyRevtew 4 12 16 $2,540
Subtotal 16 $26,460
E Final Design
1 Design Drawings (17) 0 $0
Gen Notes, Legend, etc. (1) 2 8 10 $1,260
Key Map, Hortz Control (1) 2 8 10 $1,260
WL P&P Sheets (6) 8 20 160 188 $22,860
Connection Detail Sheets (3) 8 20 40 68 $9,060
Detail Sheets (6) 4 4 20 28 $3,600
Corrosion Control Plan 4 4 8 $1,300
Corrosion Control Specialist 0 $6,900
2 Contract Document Book 0 $0
Front End Spec Coord. 8 16 40 64 $8,920
Technical specifications 8 16 40 64 $8,920
3 Opinion of Prot>able Cost 4 20 8 32 K700
4 Engineering Calculations 8 20 28 $4,460
5 Construction Schedule 4 8 12 $1,920
6 QA/QC 8 24 32 $7,256
7 Review Meetings/Coord 12 40 12 64 $11,012
Subtotal 608 $93,428
F Ease nent Plats
Easements 0 $6,210
Easement Coordination 4 8 12 $1,920 •
Subtotal 12 $8,130
PRII SPEII SAM SPEI •II SCM CMII SSIV SSII Sll PRIV PAGE TOTALS 1
TOTAL - THIS PAGE 12 108 32 208 244 1 0 1 0 8 0 0 1 24 1 0 1 W6 $128,018
TOTAL-ALL PAGES 53 1 204 j 62 j 400 376 1 68 1 377 58 76 130 1 32 1 0 1.826 1 $325,191
JPA PA400-2/99 Carlsbad Maericto PL - Revised Fee Prop -10-23-12.xlsiti -10/24/2012
Atkins
Pt Task TasWSub
TASK DESCRIPTION LABOR CODE/STAFF HOURS
PRII
$196
SPED
$170
SAII
$85
SPB
S166
DD
$115
SCM
$175
CMn
$125
SSIV
$250
SSII
$170
Sll
$120
PRIV
S219
Page 3 of 3
HOURS FEE
Bidding Services
Pre-Bid Meeting
Addenda and Clarifications
Subtotal
Construction Administration
Pre-Construction Conference
Review Schedule of Values (1)
Review Contractors Schedule (1)
Shop Drawing Reviews (5)
Review Process Payments (7)
RFIs (5)
Review Change Orders (3)
20
20
4
4
4
10
21
15
10
Subtotal
Resident Project Inspection
Project Inspection (182 days) 365
Subtotal
Post Startup and Certification
As-Built Plans 16 20 40
Subtotal
PRII SPEII SAII SPEI
TOTAL-THIS PAGE 3 28 0 68
TOTAL-ALL PAGES 53 204 62 400
SCM CMII SSIV SSII Sll PRIV
400 I 376 I 08 I 377 I 58 j 76 | 130
2
23
25
12
4
4
30
21
35
10
116
365
365
78
78
$340
$3,375
$3,716
$1,880
$700
$700
$4,850
$3,675
$5,725
$1,750
$19,280
$45,625
$45,625
$10,812
$10,812
PAGE TOTALS
0 I 1,826 I $325,191
JPA PA400-2/98 Carlsbad MaerUe PL - Revised Fee Prop • 10-23-12.xlsm -10/24/2012