HomeMy WebLinkAboutBen C Gerwick Inc; 2005-11-04;RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
(BEN C. GERWICK, INC.)
This Ratification of Amendment No. 1 is entered into as of the c*(J day of
, 200_^T_, but effective as of the 4th day of_
November, 2006, ef^tding and amending the agreement dated November 4, 2005 (the
"Agreement") 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 Ben C. Gerwick, Inc., a corporation, ("Contractor") (collectively, the
"Parties").
RECITALS
A. The Agreement, as amended from time to time expired on November 4, 2006 and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
B. The Parties desire to alter the scope of work of the Agreement to include
construction support services; and
C. The Parties desire to extend the Agreement for a period of two (2) years; and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1 . The retroactive extension and amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
3. CMWD will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed forty one thousand eight hundred ninety
dollars ($41, 890).
4. Contractor will complete all work described in Exhibit "A" by November 4, 2008.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
General Counsel Approved Version #07.05..01
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR
BEN C. GERWICK, INC., a corporation
*By:
v_
(sign here)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District of the City of Carlsbad
By:
(print name/title)/
(e-mail address)
President, Executive Manager or designee
ATTEST:
(sign heref
LORRAINE M. WOOD
Secretary
(print name/title)
HfJ ®
(e-mail address)
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,
CFOor
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
ILLBy: /J^
'eputy SeneTaX Counsel
General Counsel Approved Version #07.05..01
company City of Carlsbad, Public Works - Engineering
Attention Mr. Christopher M. Muehlbacher, P.E.
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone: 760-602-2736
Fax: 760-602-8562
Email: cmueh@.ci.carlsbad.ca.us
Ben C. Berwick, Inc.
Member of the COWI Group
Consulting Engineers
20 California St., Ste. 400
San Francisco, C A 94111
Tel. 415.398.8972
Fax. 415.398.0433
http://www.gerwick.com/
Re: Lake Calavera Outlet Facilities - Remedial Improvements:
Construction Phase Services Proposal
Dear Christopher,
For your consideration, please find below our proposal for construction
phase services related to the in-the-wet design aspects of the Lake Calav-
era Outlet Facilities. Our estimate of the costs is as follows:
Contract type: Time and Materials
Scope of Work
TaskS. In-the-wet construction. Construction Phase Services
Please refer to drawing sheets C-6, C-7, C-8, M-l, M-2, and M-3 for the
two-piece circular cofferdam, the pile system and pipe saddles, and the
precast concrete conduit banks which are included in the scope of services.
1. Review of shop drawing submittals: total $3.700
10 hr x $160/hr (sr. engineer) = $1,600
20 hr x $105/hr (jr. engineer) = $2,100
Assumes 10 shop drawings.
2. Review of miscellaneous submittals: total $1.920
Say 4 x 3 hrs = 12 hrs x $160/hr (sr. engineer) = $1,920
3. Response to requests for information (RFI): total $8.800
10 at 1.5 hr = 15 hrs x $160/hr = $2,400
10 at 2 hr = 20 hrs x $160/hr = $3,200
4 at 5 hr = 20 hrs x $160/hr = $3,200
RFI responses will be faxed or emailed.
4. Coordination or administration:
(6 hrs + 10 wks x 2 hr/wk) x $160/hr = $4.160
Date
December 15,2006
Your ref.
Lake Calavera
Our ref.
2005-44 Task 5
Sent.
Select from List
PI For your information
171 For your comments
PI For your approval
PI As per your request
|~j Please telephone
PI Please return
P:\2005\2005-44\admin\MSWafterJuly7\Construction Services Proposal 15D8c2006.doc
2/2
5. City of Carlsbad Business License: $50
6. FedEx-$200
7. Two site visits: $10.900
Assumes site visits for structural observation at two critical stages such as
dewatering of cofferdam.
Site visit A
2 days (incl. travel) x 8 hrs x $160/hr. = $2,560
Flight $400
Hotel 1 night x $100/night
Rental car $150
Meals 2 days x $50/day = $100
Site visit B
2 days (incl. travel) x 8 hrs x $230/hr. (sr. specialist) = $3,680
2 days (incl. travel) x 8 hrs x $160/hr. = $2,560
Flights 2 x $400 = $800
Hotel 2 x 1 night x $100/night = $200
Rental car $150
Meals 2x2 days x $50/day = $200
8. Bidding Assistance:
16 hrs x $160/hr. = $2.560
9. As-needed for construction-related issues to be approved prior to task :
60 hrs x $160/hr. = $9.600
1
$3,700
2
$1,920
3
$8,800
4
$4,160
5
$50
6
$200
7
$10,900
8
$2,560
9
$9,600
Total
$41,890
Thank you for considering our proposal. Please call or email me if you
have any questions or would like to discuss the proposal.
Sincerely,
Michael Woods, PE
Senior Engineer
Direct 415-288-2752
E-mail msw@gerwick.com
P:\2005\2005-44\adrnin\MSW after July7\Construclion Services Proposal 15Dec2006 doc
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
(BEN C. GERWICK, INC.)
entered into as of the day of
by and between the CARLSBAD MUNICIPAL WATER
under the Municipal Water Act of 191 1, and a
Subsidiary District of the City of Carlsbad, referred to as (TMWD"), and BEN C.
GERW ICK, Inc., a corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of a professional engineering
contractor that is experienced in Civil Engineering.
B. Contractor has the necessary experience in providing professional
services and advice related to Civil Engineering.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. 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 one (1) year from the date
first above written. The Executive Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not to exceed
twenty thousand dollars ($20,000) 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.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be fifty five thousand eight hundred dollars ($55,800). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to this
General Counsel Approved Version #04/02/02 1
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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.
6. STATUS OF CONTRACTOR
Contractor will perform the Services 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.
7. 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.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. 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 in whole or in part by any willful misconduct or negligent act or omission 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
General Counsel Approved Version #04/02/02
2
section, and that this section will survive the expiration or early termination of this
Agreement.
IO. 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 insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
IO. 1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel 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.
10.1.1 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 I i mit.
10.1.2 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.
10.1.3 Workers' Compensation and Employer's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liability. 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 five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
insured on General Liability.
General Counsel Approved Version #04/02/02 3
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 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.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase 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.
Failure to Maintain Coveraqe.
10.5 CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
Submission of Insurance Policies.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. 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 during normal business hours to examine, audit, and make
transcripts 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 period of three (3) years from the date of
final payment under this Agreement.
13. 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 right to make one (1) copy of the work product for Contractor's
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD
and Contractor relinquishes all claims to the copyrights in favor of CMWD.
General Counsel Approved Version #04/02/02
4
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMW D: For Contractor: BEN C. GERWICK, INC.
Name Chris Muehlbacher Name Robert Bittner
Title Associate Enqineer Title Pres id en t
Carlsbad Municipal Water District Address 20 California Street, Ste 400
Address 1635 Faradav Avenue San Francisco, CA 941 11
Phone No. 760-602-2736 E-Mail Address rbb@gerwick.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.
Carlsbad, CA 92008 Phone No. 41 5-398-8972
16. CONFLICT OF INTEREST
CMWD will evaluate Contractor’s duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD’s Conflict of Interest Code
is required of Contractor or any of Contractor’s employees, agents, or subcontractors.
Should it be determined that disclosure is required, Contractor or Contractor’s affected
employees, agents, or subcontractors will complete and file with the Secretary of the
Board those schedules specified by CMWD and contained in the Statement of Economic
Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. 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 of the requirements of the 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.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
General Counsel Approved Version #04/02/02 5
19. 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 writing. 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 (IO) business days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the disputes will be forwarded 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.
20. 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 fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the compensation
to be made.
21. 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 otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. 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
General Counsel Approved Version #04102/02
6
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 sea., 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 .
23. 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.
24. 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 prior consent of CMWD, which shall not be unreasonably withheld.
25. 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.
General Counsel Approved Version #04/02/02 7
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, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CARLSBAD MUNICIPAL WATER
*By: DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1,
and a Subsidiary District of the City of WAG
(sign ter
(print namekitle)
M4ds J&er?sel? : sf=rc*ry
mN7e 3 erc.Jri,k.C-m ' J(e-mail address) L~RAIN~OO
If required by CMWD, proper notarial acknowledgment of execution by contractor must
be attached. If a Corporation, Agreement must be signed by one corporate officgqIfr;9n
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@) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALR R. BALL, General Counsel
By:
Deputy General Coude1
General Counsel Approved Version #04/02/02 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
State of California I
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
' 0 personally known to me
Groved to me on the basis of satisfactory evidence
to be the person(s) whose narne(s)&bscribed
to the within instrument and acknowledged to me that
xecuted the same in
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
authoriz he'shw capacity(ies), and that by
Place Notary Seal Above
/ Signature of kotary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee 0 Trustee
0 Attorney in Fact
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
Guardian or Conservator
Other:
Signer Is Representing: I
Q 2004 National Notary Association * 9350 De Solo Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
Mr. Christopher M. Muehlbacher, P.E.
Associate Engineer
City of Carlsbad, Public Works - Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
20 California St., Ste. 400
San Francisco, CA 941 11
Tel. 415.398.8972
Fax. 415.398.0433
http:/lwww.gerwick.corn/
Date
August 3 1,2005
Our ref.
Subject: Lake Calavera Outlet Facilities - Remedial Improvements
Dear Mr. Muehlbacker,
Thank you for giving us the opportunity to quote our services on your project. Our firm
specializes in developing concepts for in-the-wet construction rather than using major site
dewatering. We have performed this service on several major projects for the US Army Corps
of Engineers.
After reviewing the plans you sent us for the modification to the Lake Calavera outlet facilities,
we believe the proposed modification work can be performed efficiently and economically in-
the-wet rather than by lowering of the reservoir to allow the work to be performed in-the-dry.
Our proposed concept would be to use a two-piece circular cofferdam to fit around the top of
the outlet tower. The cofferdam would be approximately 18 to 20 feet in diameter and would
be sealed to the existing tower a few feet below the required demolition level. The cofferdam
would allow the demolition and modification to the tower to be performed in the dry with the
reservoir level maintained at your current operating level. This type of cofferdam has been
used on at least two other projects that we have been involved with, Braddock Dam and the
New Carquinez Bridge. This type of cofferdam is considered a temporary structure and as
such is typically designed by the contractor.
The connecting 24" pipeline would be supported on driven piles rather than on the pipe support
pedestals shown on your current design drawings.
The following is our proposed scope of work:
Scope of Work
Task 1. Prepare a Memomeport regarding why a full-depth cofferdam is not practicable or
necessary, and a description of the proposed method of performing the required outlet modifi-
cations using in-the-wet construction techniques. This will include preliminary information to
begin preparation of the environmental permits including noise, construction duration, and cost
estimate. This task will be completed 30 calendar days from notice to proceed. (T&M Sum:
$12,000.)
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Task 2. A Preliminary Design Report (30% Design) - Including Plans & Sections showing
the stages of construction, with sufficient information to complete preparation of the necessary
environmental document (info regarding noise, staging area requirements, duration of
construction, ect); engineer's cost estimate for this component of construction. The intent
would be to use the existing design (drawings and specifications) and modify it where
necessary in order to allow use of the in-the-wet construction techniques. This task will be
completed 60 calendar days from notice to proceed. (T&M Sum: $1 8,000)
Task 3. Final Design (T&M Sum: $23,000)
A. 70% Design Submission - Plans & Technical Specs - To be complete within 21 calen-
dar days of receiving final review comments of Preliminary Design Report.
B. 90% Design Submission - To be completed within 14 calendar days of receiving final
comments on 70% Design Submission.
C. Final Submission of P&S - To be completed within 14 calendar days of receiving final
comments on 90% Design Submission.
Task 4. Bidding Assistance (T&M Sum: $2,800)
This scope of services outline in Tasks 1,2 and 3 include the following:
1.
2.
3.
4.
Design of the pile system and the pipe saddle.
Design of the control system conduit (hydraulic & pneumatic) and its harnessing sys-
tem.
Effort for producing Planning Commission exhibits (plan & sectional). This will basi-
cally be the same as the actual design with exception of minor cad changes to the title
sheet and the likely removal of superfluous information.
Two trips to Carlsbad for meetings with you and your staff. If additional trips are re-
quired we propose performing them on a time and material basis
In addition, we understand that these plans & specs will require submission to, and approval
from, DSOD.
Thank you again for considering our firm. We look forward to working with on your very
interesting project.
Sincerely,
BEN C. GERWICK, INC.
Robert Bittner, P.E.
President
HXapital Improvement ProgramU8Zl Lake Calavera Improvements\Administrative Documents\Genvick 2nd Proposal 8-3 I-05.doc