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HomeMy WebLinkAboutBrown and Caldwell; 2008-01-15; PWENG634PWENG634 RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) (BROWN & CALDWELL) ~This Ratification of Amendment No. 3 is entered into as of the _ day of _ , 201_£_, but effective as of the 15th day of January, 2010, extending and amending the agreement dated January 15, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Brown & Caldwell, Inc., a private employee company, ("Contractor") (collectively, the "Parties"). RECITALS A. On October 14, 2008, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to include additional professional services related to sewer force main design; and B. On June 5, 2009, the Parties executed Amendment No. 2 to the agreement to alter the Agreement's scope of work to include additional professional services related to sewer force main design, including the addition of BMP's and tier 3 construction Storm Water Pollution Prevention Plan; and C. The Agreement, as amended from time to time expired on January 15, 2010 and Contractor continued to work on the services specified therein without the benefit of an agreement; and D. The Parties desire to alter the scope of work of the Agreement to include additional professional services related to sewer force main design including providing for alternate pipe materials and construction methods; and E. The Parties desire to extend the Agreement for a period of 2 years; and F. 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, City 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. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed sixty six thousand six hundred eighty seven dollars ($66,687.00). 4. Contractor will complete all work described in Exhibit "A" by January 15, 2012. City Attorney Approved Version #05.22..01 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. City Attorney Approved Version #05.22..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 BROWN & CALDWELL, INC., a private employee company CITY OF CARLSBAD, a municipal corporation of the State of California — Gity-ivfopa§e^er Mayor Ann J. Kulchin, Mayor Pro Tern (print name/title) £r ATTEST: ><s>9 -menl(e-menl address) *By: LOfcBAlNE*MJNQlOD Q City Clerk Karen R. Kundtz. Assistant City Clerk (sign here).^M»'«/,4^?Vo'%,vSV',««=;:•••.-?./' (print name/title) (e-mail address) If required by City, 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, City Attorney B, Me ^rDeputy CityAttorney\ City Attorney Approved Version #05.22..01 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of -SA A/ On /O before me,,<£;/»• (4flere insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Publi (Notary Seal) MARY AGOSTINO f Commission # 1680039 t Notary Public - California i San Diego County * My Comm. Expires Jul 8, 2010 \ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) LI Corporate Officer D D n D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notaiy to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. fae/she/thcy, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 5, 2010, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell officers listed are authorized to financially commit the corporation in accordance with the Company procedures and policies within their respective area of responsibility or as stated in the Bylaws. 3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so identified in the February 5, 2010, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 3rd day of March, 2010. SIGNED: ROBERT S. LEICHTNKR, Sc (SEAL) EXHIBIT A SCOPE OF WORK AND FEE RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) FEBRUARY 11, 2010 SCOPE OF WORK The following Scope of Work (Services) describes the modifications to the plans, specifications, cost estimate, schedule and construction services for the Buena Vista Lift Station Force Main (VC-4) ("Project") based on the AGREEMENT FOR DESIGN SERVICES FOR THE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) made and entered into between the City of Carlsbad (CITY) and Brown and Caldwell (CONSULTANT), dated January 15, 2008 CONSULTANT shall prepare final plans, specifications, and estimates, (PS&E) for construction of the Project. All deliverables shall be in English units. Tasks (Task 14) associated with this amendment shall include: • attendance at meetings to discuss modifications, negotiate final scope and reach consensus with the CITY and Project stakeholders • review final comments to plans, • project management and administration for the additional effort, • addition of a new, parallel force main "C" as alternate to CIPP of existing, • removal of the hydraulically actuated ball valves, vaults and associated hydraulics, instrumentation and control strategies, • deletion of the inspection risers on the cured-in-place lined force main "A", replacement with revised spool and term ination detail, • revision of crossover strategy and details to provide three buried plug valves at the transition to the existing, dual 16-Inch ACP force mains at Jefferson Street Bridge and Interstate 5 • inclusion of fusible PVC, C 905 as an alternate pipe material • reconfiguration of the BVLS yard piping due to the requested changes and; • addition of an alternate bid item to allow CONTRACTOR to compete CIPP against construction of a new parallel force main. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Services shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and having the maker and checker identified. The minimum standard of appearance, organization, and content of the plans, estimates, calculations, reports, and other documents shall conform to applicable City of Carlsbad standards and manuals, except where noted herein. 2/11/2010 EXHIBIT A - SCOPE OF WORK AND FEE - RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-2 CITY shall approve all changes to the Scope of Work. Changes to the Scope of Work will not be made without prior written approval from CITY. CONSULTANT will not be compensated for services provided prior to approval of a change to the Scope of Work. The CITY will not reimburse any services provided by CONSULTANT that are not covered by this Scope of WORK. The following is an itemized breakdown of the professional and technical engineering services required for preparation of the plans, specifications and cost estimates for the Project: Task 14.1 - Project Management, Administration, and Meetings 14.1.1 CONSULTANT will manage this additional work of this amendment and project with responsibility for the execution of the overall work effort. CONSULTANT will provide project management and administration including attending meetings (4 meetings assumed), quality control/quality assurance, utility and subconsulting coordination, scheduling, budgeting, progress reporting, and invoicing. 14.1.2 CONSULTANT'S Project Manager will monitor and direct work activities on this project in accordance with the contracted work scope and schedule. Four additional project team/stakeholder meetings will be held in conjunction with this amendment to the project. Two of the aforementioned meetings have already been held with the CONSULTANT, CITY and Project stakeholders to address this amendment. 14.1.3 Regular communications will be facilitated through the Project Manager. CONSULTANT'S staff and other team members will be available to meet with CITY personnel to discuss technical or administrative issues to keep the project on track. 14.1.4 Project management will include the previously accepted Quality Control/Quality Assurance Program to review the final preparation of the plans, specifications, and estimate. Cost for Task 14.1: $9,097 Task 14.2 - Add New Force Main "C" 14.2.1 CONSULTANT shall revise plans to add a new, parallel force main "C" as an alternate to, and as a replacement of, the existing 24" ductile iron force main. The new force main shall be designed using fusible plastic pipe and be similar to the previously designed force main "B". Design shall allow for alternate pipe materials, either fusible PVC, AWWA C905 with restrained, corrosion protected ductile iron fittings or HOPE, fully fused joints, using ductile iron pipe sizes (DIPS). All buried Dl bends, valves, fittings shall be epoxy coated and lined, polyethylene wrapped and wax taped. Sacrificial anodes will not be included. Addition of the new force main "C" shall include review of 2/11/2010 EXHIBIT A - SCOPE OF WORK AND FEE - RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-3 the structural supports for the existing 24-Inch force main "A" beneath the Jefferson Street West Bridge. 14.2.2 The CONSULTANT shall review the previous survey and potholing of the existing utilities to verify what, if any, conflicts exist with the addition of the new force main "C"., CONSULTANT shall identify and plot on all drawings the locations of all above and below ground utilities and facilities that are along the pipeline alignment and provide recommendations to remedy conflicts. Cost for Task 14.2: $ 9,587 Task 14.3 - Remove Hydraulically Actuated Ball Valves, Controls, HPU's and Vaults 14.3.1 The CONSULTANT shall remove from the plans and specifications relating to the previously designed hydraulically controlled ball valves and all controls, vaults, conduit, wiring and appurtenances associated with these valves. Control for the parallel force mains shall strictly be by manually controlled plug valves. The existing vaults shall be structurally designed cast-in-place concrete versus the previously provided precast vaults. Cost for Task 14.3: $8,490 Task 14.4 - Remove CIPP Inspection Risers 14.4.1 CONSULTANT shall remove the previously designed inspection risers for the rehabilitated (cured-in-place pipe or CIPP) existing force main "A". Inspection risers shall be replaced with either locating tape or a locating monument to mark locations of CIPP termination should the CONTRACTOR choose this bid alternate over a new parallel force main. A new termination detail using a restrained spool including CIPP liner termination shall be provided. Cost for Task 14.4: $2,980 Task 14.5 - Reconfigure BVLS Yard Piping 14.5.1 CONSULTANT shall reconfigure the yard piping at the BVLS to incorporate the removal of the vaults for the control valves. The revised yard piping shall incorporate a bypass/ cleanout with plug valve for each force main. Yard piping shall modify sumps and sump pump drainage to wet well of BVLS. Cost for Task 14.5: $ 12,624 Task 14.6 - Reconfigure Crossover Connection to Dual Existing 16-Inch ACP Force Mains @ Jefferson Street Bridge and I-5 14.6.1 CONSULTANT shall remove the previously designed traffic-rated crossover vault and valve assemblies and replace with three 24-Inch buried plug valves with valve cans. The two combination air-vacuum release valves (CARV's) will follow City of Carlsbad 2/11/2010 EXHIBIT A - SCOPE OF WORK AND FEE - RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-4 standard drawings with any necessary modifications and shall be located within the Jefferson Street right-of-way adjacent to travel lanes within a vandal-resistant can. Cost for Task 14.6: $7,512 Task 14.7 - Add Alt Bid Item 1 (Force Mains "A" and "B"), Alt Bid Item 2 (Force Mains "B" and "C") 14.7.1 CONSULTANT shall modify the plans and specifications to allow two separate bid alternates: Bid Alternate 1 - a CIPP rehabilitated force main "A" with a parallel, new force main "B" as originally designed. Bid Alternate 2 - Two new, parallel, fusible plastic force mains "B" and "C" with the removal of force main "A", force main "C" to be installed in the same location as force main "A". Each bid alternate shall allow pipe to be either fusible HOPE or PVC with ductile iron fittings and push-on joints. Cost for Task 14.7: $9,646 Task 14.8 - Project Cost Estimate 14.8.1 CONSULTANT shall prepare a revised, detailed final construction cost estimate that represents the best estimate of the fair and reasonable price expected for each of the items of work to be performed as of the mid-point of construction. The cost estimate shall include labor effort to reflect the modifications to the plans and specifications detailed in this scope of work. Cost for Task 14.8: $6,481 Task 14.9 - Construction Phase Services Construction phase services will be provided as requested by CITY. The extent of bid phase services will be limited to a not-to-exceed budgeted cost amount. Cost for this task are not part of this Amendment but estimated effort is included for as a basis for negotiation at time of construction. The following services along with the assumed effort are provided as the tentative construction phase services: 14.9.1 Respond to requests for information regarding technical aspects of the design from the construction contractor and CITY. As a basis for estimating this task, assume twelve RFI's with 3 hours each by Engineer II, 1 hour CADD Designer, 4 hours QA/QC and 1 hour PM labor per RFI. 14.9.2 Review shop drawings and other submittals for compliance with the construction contract plans and specifications. As a basis for estimating this task, assume 20 shop drawings, 10 resubmittals with 2 hours project Engineer, 0.5 hour Project Manager, 1 hour Project Assistant, 1 hour Engineer II, 4 hours QA/QC per submittal or resubmittal. 2/11/2010 EXHIBIT A - SCOPE OF WORK AND FEE - RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-5 14.9.3 Revise and reissue construction drawings to incorporate design changes requested by CITY. As a basis for estimating this task, assume changes are on an as-needed basis, not to exceed 16 hours CADD Designer, 8 hours Engineer II, 2 hours Project Manager. 14.9.3 Prepare record drawings from construction contractor markups. As a basis for estimating this task, assume 16 hours CADD Designer, 40 hours CADD Drafter, 2 Hours Project Manager, 4 hours Engineer II and 4 hours QA/QC. Cost for Phase 14.9: $ TBD during construction Carlsbad, City of (CA) - Buena Vista Lift Station Force Main (VC-4) - Ratification of Amendment No. 2 to Extend and Amend Agreement Phase Phase Description 014 Amend to Final 001 PM, Admin & Meetings 002 Add New FM "C" 003 Remove Valves, etc 004 Remove CIPP Risers 005 Reconfig BVLS Yd Piping 006 Reconfig Crossover Connecti 007 Alt Bid Items 1 & 2 008 Project Cost Estimate 009 Construction Services $227.00 $111.00 $131.00 $245.00 $262.00 $173.00 $173.00 $173.00 $204.00 $196.00 $227.00 $196.00 $131.00 Total Labor Effort 58 24 4 6 2 8 ti 4 8 2 0 4 4 0 0 0 0 0 0 0 0 58 3 16 8 2 12 4 12 1 0 4 4 0 0 0 0 0 0 0 0 4 4 0 0 0 0 0 0 0 0 24 0 4 4 0 6 4 6 0 0 72 0 12 16 4 12 16 12 0 0 4 0 0 0 0 4 0 0 0 0 2 0 0 0 0 0 0 0 2 0 32 4 0 0 0 0 0 0 28 0 5 8 0 0 3 4 0 0 0 0 2 4 0 0 0 0 0 0 0 0 128 0 20 20 12 32 20 24 0 0 403 43 63 54 20 80 48 62 33 0 66,687 9,097 9,857 8,490 2,980 12,624 7,512 9,646 6,481 0 GRAND TOTAL 58 58 24 72 32 128 403 $66,687 Hours and Dollars are rounded to nearest whole number. To display decimals, change the format of the cells. PWENG634 AMENDMENT NO. 2 TO AGREEMENT FOR THE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) (BROWN & CALDWELL) This Amendment No. 1 is entered into and effective as of the ^ _ day of , 2009, amending the agreement dated January 15, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BROWN & CALDWELL, a private employee owned company, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to alter the Agreement's scope of work to include additional professional services related to sewer force main design; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed forty six thousand three hundred and seventy seven dollars ($46,377.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by January 14, 2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. 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 BROWN & CALDWELL, a private employee owned company CITY OF corporatio RLSBAD, a munic tate of Cali (e-mail address)ATTEST: *By: (sign here)LORRAINE M. City Clerk (print name/title) (e-mail address) '''n,nt\\^'If required by City, 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, City Attorney By:. Deputy City Attorney City Attorney Approved Version #05.22.01 CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 6, 2009, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell officers listed are authorized to financially commit the corporation in accordance with the Company procedures and policies within their respective area of responsibility or as stated in the Bylaws. 3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so identified in the February 6, 2009, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 19th day of May, 2009. SIGNED: ROBERT S. LEICHTNER, Secretary (SEAL) 9665 Chesapeake Drive, Suite 201 San Diego, California 92123 Tel: (858) 514-8822 Fax: (858)514-8833 Mav -11,2009 BROWN AND CALDWELL- Mr. David P. Abies, RE. Senior Civil Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Buena Vista Lift Station Force Main (VC-4) Request: for Fee .Amendment for Additional Labor for Valve Automation, Structural Design, CEQA-Plus, Storm Water BMP's and Site Improvements Dear Mr. Ahles: Per our meeting on May 4, 2009,1 have revised our costs for the. additional work described in my letter of April 6, 2009. These modifications are in accordance with the changes we agreed to. - In addition, I have added an additional task to respond to the comments from Carlsbad Planning. Per my conversation with Pam Drew of the City of Carlsbad, we have concluded that this additional work (Task 1.8 in the attached spreadsheet) can be limited to providing: 1. Standard detail sheet for storm water Best Management Practices (BMP's) 2. Providing callouts for BMP details on eight plan and profile drawings 3. Modifying sheets C-01, C-05, C-10 and C-l 1 to include temporary construction BMP's, contractor work areas, notes on drawings to address protection of Buena Vista Creek and Lagoon 4. Review of permit requirements in the project specifications and addition of language and specifications to require a Tier 3 Construction Storm Water Pollution Prevention Plan (SWPPP) In my conversation with Ms. Drew, we determined that the more extensive preparation of a Storm Water Management Plan (SWMP) is not necessary and that the. above additional tasks will suffice. If you have any questions or would like any additional information, please contact me at (858) 571-6738. Very truly yours, BROWN AND CALDWELL vi— Edward I. Matthews, P.E. Managing Engineer Michael Nienberg, DrPH Vice President/Office Mana. IV Ptojcciv,< .'arisbiui. City of (CA) \t3462K Buena Vista I.S l-otce M:iin\J'r<.jcct Miiragi:nm«'\Pfop<isnl or Sc»pt ->f Work'-. Valve etc .\usmml Request'-.! TR Pit Ncj-iliiii-J Fix Amend l&C. <:KQA mi«: »5J 1_DD.doc 9665 Chesapeake Drive, Suite 201 San Diego, California 92123 Tel: (858)514-8822 Fax: (858) 514-8833 April 7, 2009 Mr. David P. Ahles, P.E. Senior Civil Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Buena Vista Lift Station Force Main (VC-4) Request for Fee Amendment for Additional Labor for Valve Automation, Structural Design, CEQA-Plus and Site Improvements Dear Mr. Ahles: In accordance with previous discussions, we have prepared the following to request for fee amendment to our existing contract for the above referenced project. The following additional effort is required: 1. Additional structural design for tfjefour vaults in the B VLJSyard piping and vault at Jefferson Street West. The original direction from the City was for precast vaults. The high groundwater conditions, the addition of traffic rated hatches and the slopes to the final finished grade require cast-in-place construction with waterstops to ensure water-tight integrity and provide a superior structure for the life of the facility. This effort was not included in our original scope. 2. Modification to existing site drainage, storm drains and piping. The extent of the work within the B VLS yard has resulted in a complete redesign of much of the existing piping configuration within the yard. This task is required for the final design effort and we believe it is beyond the initial requirements of the project. 3. Additional site visits (?) to determine locations of panels, take additional spot elevations and measurements. This task has been necessary to verify as-built information due to the addition of the dual isolation valves and coordinate with the Encina Wastewater Authority for location of control panels for the hydraulic systems. This became a very detailed effort due to space constraints within the BVLS MCC and electrical room. 4. Structural, instrumentation and mechanical design for the addition of surge relief tank. The surge analysis provided in the PDR revealed the necessity of a second surge tank for the protection of the force mains and pumps at BVLS. Brown and Caldwell made several visits to BVLS, City of Carlsbad Engineering counter and the Encina WPCF to research details of this tank, structural foundation and yard piping details. The single drawing received was a rudimentary hand sketch requiring additional research and structural design for the tank foundation which was not part of BC scope. Instead of as-built drawings, critical details of the existing tank had to be researched and detailed. 5. Instrumentation and control for addition of surge tank and additional piping within BI/'LJ. As the design progressed and research on the surge tank revealed, the instrumentation on the tank required design, QA/QC effort and connection to existing systems within BVLS and this was not part of BC's scope. 6. Additional environmental work (CEQA-Plus). A contract amendment for our subconsultant, Planning Systems, is necessary due to the comments received from the State Water Resources Control Board (SWRCB) requirement for additional P:\Projccts\Carlsbad, City of (CA)\134628 - Buena Vista LS Force Main\_Project Management\Proposal or Scope of Work\Valve etc Augment Re<juest\LTR for Fee Amend I&C CEQA misc 04_06_09.doc environmental documentation (referred to by the SWRCB as "CEQA-Plus"). This environmental work is outside of our scope of work. 7, Instrumentation and control for control of the automated isolation valves including timers, manual overrides, control logic and electrical design. Brown and Caldwell was directed to provide a design for manual control of the operation of the hydraulically actuated, metal seated isolation ball valves for the Buena Vista Lift Station (BVLS) dual force mains. This was based on meetings with the City of Carlsbad and representatives of the Encina Wastewater Authority (EWA). Per our recent phone discussion, I expressed concern that this reliance on manual control would risk damage to the pumps during alternation of the valves. John Jardin of EWA concurred with the need for automatic opening and closing of the dual force main valves as well as dual open valves at high flow conditions. This work requires extensive instrumentation and control, electrical design, control logic and integration with the existing BVLS electrical, instrumentation and control systems and is outside our scope of work. 8. Electrical design for addition of jard sump pumps including piping. As the size of the valve and meter vaults expanded, the addition of drainage sumps and a sump pump to evacuate any accumulated water in the four below grade vaults in the BVLS yard became necessary. Again, EWA concurs with this need. This feature was not part of EC's scope and provides a significant benefit to the lift station operations. Incorporating and integrating these changes to the BVLS facility requires significant effort on the part of Brown and Caldwell. Our original sheet count estimate included 28 drawings for the normal required disciplines. Our 100% set includes 38 drawings for these disciplines many of which have become necessary due to the aforementioned modifications. This work is not included in our original scope of work and is necessary for the successful completion of the project. We believe that this additional work is necessary and provides added quality and reliability to the City of Carlsbad, City of Vista and the operators of the BVLS, the Encina Wastewater Authority. As we are rapidly approaching the 100% design submittal and the subsequent final submittal, it is vital that we receive authorisation to perform these out of scope services for this deliverable. Therefore I request that we meet to discuss details of these out of scope issues, the benefit to the quality of the completed project and a negotiated written authorization as soon as possible. If you have any questions or would like any additional information, please contact me at (858) 571-6738. Very truly yours, BROWN AND CALDWELL Edward I. Matthews, P.E. Ray H. Fakhoury, P.E. Managing Engineer Vice President Southern California Practice Leader P:\Projc'Cts\Carlsbad, City of (CA)\ 134628 - Bucna Vista LS Force Main\_Projcct Manflgenient\Praposal or Scope of Work\V'alve etc Augment RcquesALTR for Fee Amend l&C CEQA misc (MJMJW.doc PWENG634 AMENDMENT NO. 1 TO AGREEMENT FOR THE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) (BROWN & CALDWELL, INC.) is Amendment No. 1 is entered into and effective as of the / day Of 200_/_, amending the agreement dated January 15, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BROWN & CALDWELL, INC., a corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to alter the Agreement's scope of work to include additional professional services related to sewer force main design; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. 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". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed forty two thousand six hundred and seventy eight dollars ($42,678.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by January 15, 2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. 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 *By: BROWN & CALD' corporatio (sign here) *By: (print name/title) (e-mail address) (sign here) (print name/title) -i CITY OF CABtLSBAD, a municjj: corporation pfyhe^ltate of California By: City Clerk . 111 11 f.^fs% ^ >. -4," *J7/:o = (e-mail address) If required by City, 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, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT >8?s*3®®i©s®s«isg^^ State of California County of S^A/ On afore me, personally appeared COPY Nainels) of Sjfi«(i) " " "" D personally known to me JigjjrQved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the parson(s) acted, executed the instrument, WITNESS my hand and official seal. OPTIONAL Though the information below is not required by taw. it may piwe valuable to persons relying on the document and cou'xt prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: --1^^* ^ Document Date: \^~* J,-(~> o 7 ^ CJ~ Number of Pages: , Signer(s) Other Than Named Above: Capacity(ies) Claimed -O Signer's Name: /L^~~'/ [^Individual D Corporate Officer — Titters): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator Q Other: RIGHT THUMBPRINT OF SIGNER Top of thumb hers Signer Is Representing:, * 1999 Nwonal Mffiary Assocafcm • 93S9 D« Solo Avs , PO. Bo» I4M • Charevranh, CA 51313.2402 • wvw.HaiionaiNoiarT.orsi Prod Nj. 5S07 Reorder- Can Toir-Fcei i CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, die undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation, 2. At the annual meeting of the Board of Directors on February 2, 2007, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Dkectors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell officers listed are authorized to financially commit the corporation in accordance with the Company procedures and poEcies within their respective area of responsibility or as stated in the Bylaws. 3. Ray H. Fakhoury is a Vice President of Brown and Caldwell, is so identified in the February 2, 2007, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 17h day of December, 2007. SIGNED: _________—v—u » w •—r^—r~r~—/ i jf^, _ , IrNER, Secretary (SEAL) 9665 Chesapeake Drive, Suite 201 San Diego, California 92115 Tel: 858-514-8822 Fax: 858-514-8833 www.brownandcaldwell.com Exhibit A August 13, 2008 AUBl Mr. David P. Ahles, P.E. Senior Civil Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 1044/134628-001-001 Subject: Buena Vista Lift Station Force Main (VC-4) Request for Fee Amendment Dear Mr. Ahles: Due to a change in scope and delay in finalizing the Buena Vista Lift Station (BVLS) Force Main Preliminary Design Report (PDR), Brown and Caldwell respectfully requests additional fee be granted to compensate for this additional effort. The following tasks have either been added or incurred additional costs due to delay of schedule: 1. additional administration costs due to the approximate 4 month delay in finalizing the PDR (additional month-end financial reviews, invoicing, subconsultant coordination, progress reports for PM, accounting and office manager); 2. additional project team meeting and meetings with Vista, Encina and final PDR review with stakeholders and City of Carlsbad; 3. additional revisions to PDR after final PDR were delivered to City; 4. production of a Technical Memorandum to address hydraulic issues which were out of scope and required operational changes to the Buena Vista Lift Station. This required substantial effort by BVLS team, senior reviewers and QA/QC; 5. additional design for automatic alternation of force mains at BVLS site, including electrical, additional yard piping, computations, specifications and drawings; and 6. additional QA/QC by senior Brown and Caldwell reviewers for the additional tasks. We feel that these are fair and reasonable costs for this additional work incurred by both delay and by a change in the BVLS project scope. We are proceeding into 90% design based on the direction received in the August 4, 2008 PDR review meeting. I am also attaching a revised project schedule per discussions in our August 4th meeting. COPY n v i r o n m e n t a I Engineers Consultant Mr. David P. Ahles, P.E. City of Carlsbad August 13, 2008 Page 2 If you have any questions or would like any additional information, please contact me at (858) 571-6738. Very truly yours, BROWN AND CALDWELL Edward I. Matthews, P.E. Managing Engineer EIM:dn cc: File Attachments (2) P:\ProjectsiCarlsbad. City of (CAv.134628 - Buena Vista LS Force MamWVP\S00698.Letter for Fee Amend 08_12__08.doc Figure 5.1 - Preliminary Project Schedule Task Name Duration Start Finish 2008 2009 JanlFeblMarlAprlMavlJunl Jul lAualSeDlOctlNovlDeclJan iFeblMarlAprlMavlJunl Jul lAuglSeplOct iNovT IF TfT TT ~W T9~ ~20~ ~2T ~24~ ~25~ ~26~ ~2T ~2lT ~29~ ~30~ ~3T ~32~ ~35~ ~36~ ~37~ ~38~ ~39~ TT "42~ "44" Notice to Proceed 6 days wedi/16/oa Wedi/23/os Preliminary Design Report Preparation siodays Thui/24/o8 Wed 4/1/09 Perform Utility Research 2° days Thu 1/31/08 Wed 2/27/08 Environmental Documentation / NOE 3iodays Thui/24/os wed4/i/09 Initial Study/NOP 20 days Thu 1/24/OB Wed 2/20/08 Technical Studies 20 days Thu 1/24/08 wed 2/20/08 Draft MND and CUP / NOE 30days Thu8/28/08 Wed 10/8/08 City Review 15 days Thu 10/9/08 Wed 10/29/08 Final MND 20 days Thu 10/30/08 Wed 11/26/08 Coastal Development Permit 90days Thu 11/27/08 Wed 4/1/09 Prepare Draft PDR 45 days TUG 1/29/08 Won 3/31/08 City Review 15 days Tue 4/1/08 Mon 4/21/08 Prepare Final PDR I9days Tue 4/22/08 Wed 8/27/08 City Review 10 days Thu8/28/08 Wed 9/10/08 NOE Documentation 40days Thu 8/28/08 Wed 10/22/08 NOE Review Period 4° days Thu 8/28/os wed 10/22/08 Contract Documents Preparation 295 days Thui/24/os wed 3/11/09 Geotechnical Investigation 80 days Mon 5/19/08 Fri9/5/os Detailed Geotechnical Investigation 3° days Mon 5/19/08 Fri e/27/os Draft Geotechnical Investigation Report 2° days Mon e/so/os Fri 7/25/08 Report Review 10 days Mon 7/28/08 Fri 8/8/08 Final Geotechnical Investigation Report 20 days Mon8/n/08 Fri9/5/oa Professional Surveying 30 days Thu 1/31/08 wed 3/12/08 Conduct PothOling 20 days Thu8/28/08 Wed 9/24/08 Easement Acquisition eodays Thu8/28/08 Wedn/19/os Technical Memorandum isdays Thui/24/os wed 2/13/08 30% Design Submittals isdays Thu8/28/08 Wed9/i7/os City Review 10 days Thu9/18/08 Wed10/1/08 90% Design Submittals 50 davs Thu 1W2/08 Wed 12/10/08 City Review 10 days Thu 12/11/08 Wed 12/24/08 100% Design Submittals ™a*ys Thu 12/25/08 Wed 1/28/09 City Review 10 days Thu 1/29/09 Wed 2/11/09 Final Design Submittals 20 days Thu 2/12/09 Wed 3/11/09 Bidding Phase ™ days Thu 4/2/09 wed 7/8/09 Project Advertisement 40days Thu 4/2/09 wed 5/27/09 Project Award 30 days Thu 5/28/09 Wed 7/8/09 Construction Phase 240 days Thu 7/9/09 Wed 6/9/10 Shop Submittal Process 30 days Thu 7/9/09 wed 8/19/09 Procurement of Equipment & Materials 160 days Thu 8/20/09 wed 3/31/10 Forcemain Construction 90 days Thu 8/20/09 Wed 12/23/09 Testing 30 days Thu 12/24/09 Wed 2/3/10 Existing Forcemain Rehabilitation sodays Thu 2/4/10 wed 4/28/10 Testing 30days Thu 4/29/10 Wed 6/9/10 Project Closeout 30 days Thu 6/10/10 Wed 7/21/10 Project: Buena Vista Lift Station Date: Wed 8/13/08 Task Summary COMPENSATION BY TASK Executive Managing Engineer Engineer (Qa/Qc) (PM) Principal Engineer (PE) Task Description j_ Hourly Rates ADDITIONAL LABOR FOR BVLS FM 1.1 Project Management/Administrative 1.1.1 Schedule, Budget, Invoicing, Progress Reports 1 .1 .2 Subconsultant Coordination $248 4 Senior Engineer Senior Senior Engineer III Designer Drafter $198 $175 $142 $122 $122 8 1 8 ! 8 1.2 Regular Project Team Meetings (additional meetings with Vista, Encina, Final PDR review) 1 6 1. 3 Revisions to Final PDR , 2 8 ! 16 1 .4 Technical Memorandum on Alternation of Force Main 1 .5 Automatic Alternation of Force Main 1.5.1 Design and Computations 1.5.2 Drawings (90% and final) 1.5.3 Specifications (90% and final) 1 .6 Quality Control/Quality Assurance for Add'l Work Subtotal Task 1 TOTAL ALL TASKS 2 2 2 6 19 19 2 8 $99 8 6 8 j 4 6 1 4 \ 16 4 2 2 44 44 4 , 6 4 8 44 44 52 52 16 2 16 4 6 Word Processor $79 ICIerk^ $73 Labor Hours Labor Direct Cost Subs(1) Costs(2) Total Cost ; o 4 4 4 2 40 3 7 $0 $6,380 $482 $0 $200 $0 $1,436 $200 40 $6,478 32 $4,806 8 $1,684 37 i $5,122 24 2 , 62 16 56 56 6 6 30 30 6 14 14 2 10 10 38 8 275 275 $7,802 $4,804 $1,884 $40,878 $40,878 [1 ) Subconsultants fees includes Brown and Caldwell's 5% standard Markup. [2) Direct Costs consist of Mileage to / from meetings, and reproducation costs for reports, bluelines, mylars. BROWN AND CALDWELL JStt*s£r>0wm&**£*x£ *Ett£r£r*f^rs efe d^crrxs&eZt* ^^^H ^H ^1Hm tmts $0 $6,580 $482 $1,636 $400 : $6,878 $200 $5,006 $0 ; $1,684 $200 $200 $200 $0 $0 $200 $1,800 $1,800 $5,322 $8,002 $5,004 $2,084 $42,678 $42,678 CITY OF CARLSBAD BUENA VISTA LIFTSrTrAj1K»CBilSB«JE(MA«fl((V<Jrl4)4628 - Buena Vista LS Force Main\_Project Management\Proposal or Scope of Work\Fee Amend BVLS FM for Carlsbad 08_05_0810:19 AM8/14/2008 AGREEMENT FOR DESIGN SERVICES FOR THE BUENA VISTA LIFT STATION FORCE MAIN (VC-4) (BROWN & CALDWELL, INC.) THIS AGREEMENT is made and entered into as of the 13 day of , 200#. by and between the CITY OF CARLSBAD, a municipal *ity"), and BROWN & CALDWELL, INC., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering firm that is experienced in sewer force main design. B. Contractor has the necessary experience in providing professional services and advice related to sewer force main design. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #11.28.06 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be defined in attached Exhibit "B", which is incorporated by this reference in accordance with this Agreement's terms and conditions, to a not-to-exceed value of four hundred fifty five thousand one hundred fifty six dollars ($455,156). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City 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 City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #11.28.06 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 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. 10. 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". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City 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. City, 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 Liability 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer's Liability. 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 City'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 City will be named as an additional insured on General Liability. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 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. City Attorney Approved Version #11.28.06 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 City 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 City. 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 City. 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 City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name David Ahles Name Ray Fakhoury Title Senior Civil Engineer Title Principal-in-Charge Dept PW/Engineering CITY OF CARLSBAD BROWN & CALDWELL, INC. Address 1635 Faraday Avenue Address 9665 Chesapeake Drive, Ste. 201 Carlsbad, CA 92008 San Diego, CA 92123 Phone No. (760) 602-2748 Phone No. (858)514-8822 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. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City'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 City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #11.28.06 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 City 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. 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 City 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City 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 City 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. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City 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 City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. 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. City 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, City 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 City 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 City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. 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 City 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 City to terminate this Agreement. City Attorney Approved Version #11.28.06 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 City 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 City, 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. City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^A/ ss. On Date personally appeared _ ore me, MARY AGOSTINO COMM. #1680039 NOTARY PUBLIC-CAUFORNIA SAN DIEGO COUNTY MyComm. Expires JULY 8, 2010 >r <<g.. -Jane tfoa. Name(s) of Sjrfher(s) D personally known to me jSljproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 Public OPTIONAL 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: "pOfeUC iOOf2j££ Document Date: \i^ 6-4?" O /. Number of Pages:. Signer(s) Other Than Named Above:. Capacities) Claimedjby Signc Signer's Name: ETmdivkIndividual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact Q Trustee D Guardian or Conservator D Other: I Top of thumb here Signer Is Representing:. 01999 National NoUry Association • 9350 De Solo Ave.. P.O. Box 2402 • ChaBworth, CA 91313-2402 • www.NationalNotary.oig Prod. No. 5907 Rsordar: CU Tol-FtM 1-800-876-6827 am CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 2, 2007, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and CaldweU officers listed are authorized to financially commit the corporation in accordance with the Company procedures and policies within their respective area of responsibility or as stated in the Bylaws. 3. Ray H. Fakhoury is a Vice President of Brown and Caldwell, is so identified in the February 2, 2007, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 17h day of December, 2007. SIGNED: __„__„„—v—1> *w" i i/ 11s\iyJER, Secretary (SEAL) EXHIBIT A SCOPE OF WORK CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES December 17, 2007 SCOPE OF SERVICES: The project will consist of the following scope of services, as a minimum for design of the Buena Vista Lift Station Force Main (VC-4) Project. CONSULTANT'S services shall conform to the standards, criteria, and requirements of this Scope of Basic Services, and shall include preparation of plans, reports, estimates, and special provisions necessary to complete engineering design of the Project as defined herein. CONSULTANT shall prepare final plans, specifications, and estimates, (PS&E) for construction of the Project. All deliverables shall be in English units. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Services shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and having the maker and checker identified. The minimum standard of appearance, organization, and content of the plans, estimates, calculations, reports, and other documents shall conform to applicable City of Carlsbad standards and manuals, except where noted herein. CITY shall approve all changes to the Scope of Services. Changes to the Scope of Services will not be made without prior written approval from CITY. CONSULTANT will not be compensated for services provided prior to approval of a change to the Scope of Services. The CITY will not reimburse any services provided by CONSULTANT that are not covered by the Scope of Services. The following is an itemized breakdown of the professional and technical engineering services required for preparation of the plans, specifications, and estimates for the Project. Design Services Task 1 - Project Management 1.1 CONSULTANT will manage this project with responsibility for the execution of the overall work effort. CONSULTANT will provide project management and administration including attending meetings, quality control/quality assurance, utility and subconsulting coordination, scheduling, budgeting, progress reporting, and invoicing. October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-2 1.2 CONSULTANT'S Project Manager will monitor and direct work activities on this project in accordance with the contracted work scope and schedule. Regular project team meetings will be held in at least monthly intervals to review work in progress. 1.3 Meetings - The Project "Kick-Off" Meeting will be held within a week of Notice to Proceed. This meeting should include representatives from, but not be limited to, City of Carlsbad Engineering Department, City of Vista, Encina Wastewater Authority, CONSULTANT, and subconsultants. The primary objective is to establish project protocol, finalize the project schedule, and identify key technical issues. Attend progress meetings following each submittal to discuss review comments. CONSULTANT shall provide ag^nda and meeting minutes. 1.4 CONSULTANT shall maintain close contact between the Project Manager, CITY and subconsultant personnel. All team members will be involved in development of the project schedule in order to assure proper coordination of all the required tasks. 1.5 CONSULTANT shall prepare monthly billing, (by Task), update project schedule with key submittal dates, and prepare monthly progress reports which shall be submitted to the CITY. The progress reports will discuss the progress schedule status and key technical issues. They will also include a discussion of issues requiring actions or decisions, which may impact, project deliverables. 1.6 Regular communications will be facilitated through the Project Manager. CONSULTANT'S staff and other team members will be available to meet with CITY personnel to discuss technical or administrative issues to keep the project on track. 1.7 Project management will include a Quality Control/Quality Assurance Program to review the final preparation of the plans, specifications, and estimate. Task 2 - Field Reconnaissance, Data Collection, and Utility Search 2.1 CONSULTANT shall perform a reconnaissance survey to become familiar with the alignment corridor, develop a photographic inventory, and identify difficult construction areas. CONSULTANT shall obtain and review all available reports, right-of-way maps, drawings, and standard specifications from Carlsbad Municipal Water District (CMWD), the City of Carlsbad, the City of Vista, and from other local agencies. 2.2 CONSULTANT shall collect and review all existing and future flow information regarding pumping capacities of the Buena Vista Lift Station. The Buena Vista Lift Station currently has a pumping capacity of 21 mgd. It is anticipated that the new force main shall be capable of conveying existing and ultimate flows. The flow capacity through the use of a rehabilitated existing force main shall be verified with respect to the ability of the pumps at the Buena Vista Lift Station to convey wastewater through the rehabilitated existing force main. CONSULTANT shall verify proposed parallel force main size requirements. October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-3 2.3 CONSULTANT shall collect and review utility maps and easement information regarding abandoned, existing, and proposed utilities corresponding to the proposed pipeline alignment. It is anticipated that the pipeline alignment will be in a paved roadway of public streets except for crossing of Buena Vista Creek, and potential alignment with the Carlsbad Mall. Utility maps shall be reviewed to determine potential conflicts with the proposed pipeline. A utility search and conflict resolutions shall be coordinated with the following agencies including, but not limited to: a. City of Vista b. City of Carlsbad c. City of Oceanside d. Caltrans e. San Diego Gas & Electric f. AT&T g. COX Communications h. Other local utilities CITY will be pay any charges by the utility agencies and entity associated with provided utility maps for the purpose of locating utilities for design of the Project. 2.4 CONSULTANT shall arrange with utility owners mark-outs and potholing of existing utilities in areas of proposed pipeline alignment conflict. CONSULTANT shall locate facilities to determine their physical size (if possible), horizontal location and alignment (if possible) and vertical elevation at the pothole locations. Vacuum extraction technology will be utilized for the verification of existing utilities. 2.5 Following markouts and potholing of the existing utilities, CONSULTANT will field survey points set by the potholer, reference points to pothole locations, and provide coordinate and elevation data for each. This information will be presented on the construction drawings. CONSULTANT shall identify and plot on all drawings the locations of all above and below ground utilities and facilities that are along the pipeline alignment and provide recommendations to remedy conflicts. Task 3 - Surveying, and Mapping 3.1 The City of Carlsbad completed a city-wide survey control network. The City's Survey Control Network is referenced on Record of Survey Map No. 17271 filed in the office of the San Diego County Recorder on February 8, 2002. CONSULTANT shall field verify existing survey control points and benchmarks within and adjacent to the project limits. October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-4 3.2 CONSULTANT shall develop topographic survey by photogrammetric methods for the pipeline alignments. The basis of bearings and all coordinates of data submitted to the City must be in reference to the California Coordinate System - 1983, Zone VI, 1991.35 Epoch, North American Datum of 1983 (NAD83) based on ties to the City of Carlsbad Survey Control Network monuments as published on Record of Survey Map No. 17271. For vertical control, the NGVD 29 datum is still in effect. The mapping will include 1-foot contour intervals at 1-inch = 40-feet scale and labeled California Coordinate System grid ticks. The survey will be provided in digital format with 3-dimensional elevation contours for AutoCAD software format, refer to City's standard for digital submittal of Maps and Plans. Mapping will extend 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. Photo coverage will be a minimum of 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. CONSULTANT shall field check aerial survey data and shall survey invert elevations of culverts and drain pipes and elevation of top of water valve operating nuts within the mapped area. 3.3 CONSULTANT will obtain City of Carlsbad GIS mapping of parcels to superimpose existing parcel lines along the pipeline corridors on the topographic mapping. Existing rights-of-way will be mapped from street improvement plans and mapped locations of right-of-way centerline monuments. No survey ties or right-of-way analysis are included in this task. Task 4 - Geotechnical Investigation 4.1 CONSULTANT shall prepare a separate geotechnical investigation to assist in the design and construction of the proposed pipeline and appurtenant facilities. The investigation shall include review of available information (consisting of available geotechnical reports, geological maps, and stereoscopic aerial photographs), geotechnical field reconnaissance, site visit to mark boring locations and meet with Underground Service Alert for utility clearance, acquisition of permits necessary for the boring work, traffic control for soils borings, soils borings, laboratory testing, and preparation of a geotechnical report. The report shall bear a State of California Certified Engineering Geologist or Registered Professional Engineer seal with the signature, license number, and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report presenting the results of the investigation. Four hard copy of the report shall be submitted along with a printable (pdf) electronic copy. 4.2 CONSULTANT shall conduct soil borings, perform laboratory tests, and analyze test data. The field exploration program will consist of drilling, logging, and sampling test borings with a truck mounted drill rig along the proposed pipeline alignment. Proposed boring locations will be reviewed with CITY prior to drilling. Two (2) borings will be drilled to a depth of approximately 40 feet (or refusal) for the purpose of establishing a potential Horizontal Directional Drill Program under the creek near the intersection of Jefferson Street and Marron Road. Three (3) borings shall be drilled to a depth of 10 to 15 ft below the existing ground surface (or refusal) at equal intervals along the remainder of the alignment. Bulk and in-place samples of the encountered soils will be collected and transported to the laboratory for testing. Geotechnical laboratory testing shall be performed on selected samples and will consist of in-situ moisture content and dry density, grain size analyses, Atterberg limits, shear strength, and corrosivity. In the event the existence of hydrocarbons is discovered by CONSULTANT during drilling; CONSULTANT shall immediately notify the City and seal the hole. Environmental sampling and testing of the subsurface soils is not part of this work. 0 October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-5 4.3 The geotechnical report will address geotechnical aspects of the alignment and alternatives as related to pipeline design. Design recommendations for bearing capacity, soil modulus "E"', pipe flexibility, backfill and compaction requirements, pipe bedding, thrust blocks, pavement replacement will be made and included in the geotechnical report. Site conditions, earth materials, soil properties, slope stability, trenching, shoring, groundwater, excavation difficulty, liquefaction potential, anticipated corrosion potential of on-site soils, and seismology will be described and discussed. 4.4 CONSULTANT shall obtain all required permits and perform required traffic control for the purposes of geotechnical investigation drilling. The CONSULTANT may assume that the alignment is accessible for its personnel and truck mounted drilling equipment and that site access will be granted. Task 5 - Legal Descriptions and Plats 5.1 CONSULTANT shall review City, County, and SDG&E right-of-way maps, records, to verify existing rights-of-way along the pipeline corridor. Determine additional permanent and temporary right-of-way requirements for proper construction, operation, and maintenance of the pipeline and appurtenances. 5.2 CONSULTANT shall prepare Legal Descriptions and Plats required for proper construction, operation, and maintenance of the pipeline and appurtenances. Task 6 - Preliminary Design Report and 30% Design Submittal 6.1 CONSULTANT shall prepare a preliminary design report for the Project. This report will include the 30% submittal of plans. The 30% submittal of plans shall be limited to plan and profile sheets of the force main alignment. The report shall include: an engineer's estimation of construction cost; the basis of pipeline design - pressure, surge, external loading; recommendations for pipe material selection; corrosion control; a discussion of the pipeline horizontal alignment; consideration to install the force main under the creeks, lagoon, or other locations using tunneling methods such as jacked casings, horizontal directional drill, or micro-tunneling; methods to inspect the force main within existing Jefferson Street Bridge over Interstate 5, and basis for other key design features. Replacement of the dual 16-inch ACP force mains within the Jefferson Street Bridge is not part of this project. In addition, a section to discuss traffic control requirements and schematics will be provided in the preliminary design report. All work done under this project must be accomplished while existing facilities are kept online. The station cannot be totally shut down, flows can be bypassed during the early morning hours of weeknights. The report shall discuss jurisdiction of relevant government agencies and permits that will be required for the project. As part of the 30% Design Submittal, 30% drawings will only include the proposed horizontal alignment for the pipelines, existing utilities, and proposed easements, and right-of-way demarcation shall be submitted. The Preliminary Design Report will include a draft Table of Contents for the technical specifications to be included in subsequent submittals. The preliminary design report will be issued only once, with comments generated by CITY being incorporated into the subsequent design submittals. Five (5) copies of the 30% Design Submittal, including preliminary design report and half-size 30 percent drawings, will be submitted to CITY. 6.2 Following submittal and review of the 30% Design Submittal and preliminary design report, CONSULTANT shall provide the CITY with a written response to all review October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-6 comments within three weeks of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design submittal. Task 7 - Construction Drawings 7.1 CONSULTANT shall prepare and deliver to CITY the Project construction drawings. All cover sheets, sheet index, general notes, layout, profiles, construction details, and other related sheets shall be provided on CITY standard "full size" sheets. CONSULTANT shall prepare plans at 1 inch = 40 feet horizontal scale and 1 inch = 4 feet vertical scale. California Coordinate System grid ticks shall be located on the plans and labeled. CONSULTANT shall provide a benchmark description and basis of bearing for the project control survey, which will be shown on the construction drawings. CONSULTANT shall sign and stamp all construction drawings. The construction drawings will be provided in digital format using AutoCAD software with layers to follow CITY standard layers format. Pipeline plan and profile drawings will be prepared using AutoCAD with SoftDesk COGO, DTM, and Design Modules as needed for design. 7.2 CONSULTANT shall deliver submittal and review plan packages to the CITY. The number of sets of each plan will be five half size and two full size. CITY will review the plans after each submittal and transmit review comments to the CONSULTANT. CONSULTANT shall deliver the following plan packages to the CITY: a. 70% PS&E: Construction drawings will be submitted at the 70% complete level that incorporate comments from the 30% Design Submittal and Preliminary Design Report. This requirement has been omitted per meeting with Dave Ahles, City of Carlsbad on December 5, 2007. b. 90% PS&E: Construction drawings will be submitted at the 90% complete level that incorporate comments from the 30% construction drawings along with the CADD drawing files used to generate plots and electronic files of the specifications. c. 100% PS&E: Construction drawings will be submitted at the 100% complete level that incorporate comments from the 90% construction drawings along with the CADD drawing files used to generate plots and electronic files of the specifications. d. Final PS&E: Upon approval of final PS&E, CONSULTANT shall furnish CITY with approved drawings for advertising, including full size plan sheets on mylar, along with the CADD drawing files used to generate plots and electronic files of the specifications. e. ACP Condition Assessment: A condition assessment of the dual, existing 16-inch ACP force mains within the Jefferson Street Overcrossing (O/C) at Interstate 5 will be conducted to determine the present condition of this section of line. The assessment will be limited to the following: 1. Visual, non-destructive testing (NOT) with video or photos of only the segments accessible from the three bridge deck manhole October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-7 access locations. Assume inspection personnel will not travel thru the interior diaphragms. 2. CCTV inspection from the downstream manhole west of the Jefferson Street O/C to where the force mains crown in the bridge deck or as far as feasibly possible. Visual inspection with photographs of the pipe ends where they discharge to the manhole 3. Traffic control and permits for all inspection activities 4. Letter report with findings supported by photographic and videographic results of inspection. 7.4 In addition to the plans and specifications, CONSULTANT shall include with each design submittal a technical memorandum, (TM) that will address any changes to the design since the subsequent submittal, will update the construction cost estimate as necessary, and will include calculations completed to date. The design submittal TM will bring to the attention of along with the CADD drawing files used to generate plots and electronic files of the specifications any specific issues requiring special attention. October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-8 7.5 Following submittal and review of each design submittal, CONSULTANT shall provide CITY with a written response to all review comments within two weeks of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design submittal. 7.6 Construction drawings shall include adequate details for pipeline connections to existing facilities, including modification to the discharge modified piping within the lift station, by-pass, valving as appropriate and tie-in to gravity structure. 7.7 Construction drawings shall include details at both ends of the force main so the new force main can be operated separately or in parallel with the existing force main. Task 8 - Traffic Control and Signal Plans 8.1 CONSULTANT shall prepare traffic control plans for the construction work along the entire length of the project. CONSULTANT shall prepare traffic handling plans, which show closure of lanes, detours, and number of available lanes. Included in these plans is signing, striping, and temporary signaling as necessary. Traffic control plans will be prepared in accordance with the requirements of the City of Carlsbad. Traffic flow must be maintained on Jefferson Street north of Marron Road, however portions of Jefferson Street can be closed, except to local traffic west of the Hosp Grove Park. Final plans shall be prepared to the approval of the CITY'S Traffic Engineer. 8.2 The basic standard used for traffic control design will be the latest edition of the Caltrans Manual of Traffic Controls in Construction and Maintenance Work Zones. For those areas not addressed by the Caltrans Manual, the following standards will be referenced: San Diego's Regional Standard Drawings, City of Carlsbad Policies, and the latest edition of the Manual on Uniform Traffic Control Devices. Traffic control shall maintain reasonable access to private and commercial driveways and shall consider pedestrians and bicyclists. Task 9 - Specifications 13.1 CONSULTANT shall prepare contract technical specifications (Divisions 1 through 16) to construct the force main improvements. The complete package will include bid proposal, contract agreement, insurance and bid schedules, the detailed technical specifications, bond forms, general provisions, special provisions, and reference to standard specifications. CITY will provide CONSULTANT the front end documents and the general provisions for red-line markup. Five (5) sets of technical specifications shall be provided to CITY for review at each submittal beginning with the 90% submittal. 9.2 CONSULTANT shall include provisions in the specifications to provide erosion control. October 4, 2007 EXHIBIT A - SCOPE OF WORK - BUENA VISTA LIFT STATION FORCE MAIN (VC-4) DESIGN ENGINEERING SERVICES Page A-9 Task 10 - Project Cost Estimate 10.1 CONSULTANT shall prepare a detailed construction cost estimate that represents the best estimate of the fair and reasonable price expected for each of the items of work to be performed as of the mid-point of construction. The preliminary design report construction cost estimate will be updated at each subsequent design submittal for design changes and advancements and will be included in the design submittal report. Task 11 - Permitting 11.1 CONSULTANT shall determine jurisdictional boundaries of public agencies over and adjacent to the proposed pipeline alignment. CONSULTANT shall identify regulatory agencies, permits, fees, and anticipated lead times for permit issuance. CONSULTANT shall prepare all required encroachment permit application and submit it to the agencies and the CITY will process the necessary checks to cover the cost of permits and review fees by the various permitting agency. Permits shall be coordinated with the following agencies including, but not limited to: a. City of Carlsbad (Coastal Development Permit) b. Caltrans (Encroachment) c. Resource agency permits if required 11.2 CONSULTANT shall identify requirements regarding permits to be obtained by the contractor. Additional permits to be obtained by the contractor may be required for construction activities including, but not limited to: shoring, discharge of groundwater, well-point installations, handling regulated waste, offsite material storage, grading outside of right-of-way and blasting. Task 12 - Bidding Phase Services Bid phase services will be provided as requested by CITY. The extent of bid phase services will be limited to the budgeted cost amount. 12.1 Provide responses to all written and telephone inquires as requested by CITY. 12.2 Prepare addenda as needed to clarify technical questions and questions asked repeatedly by bidders, to include items omitted from the original bid documents, and as instructed by CITY. Addenda must be reviewed by CITY, and signed by the Deputy City Engineer. Addenda prepared by CONSULTANT will be signed and stamped by a State of California Registered Civil Engineer. COMPENSATION BY TASK EXHIBIT "B1 Task Description Hourly Rates TASK 1 - Project Management 1 t 1 Schedule. Budget, Invoicing Progress Reports 1 1 2 Subconsullanl Coofdmalion 1.2 Regular Projecl Team Meetings (10 assumed, 2 p Q 3 hr nota incl. KO and Das Sub Mlgs) 1.3 Meetings (Kick- Oft, 30/90/100 and Final/6 with 2 p@ 2 h nola omit per Dave Ah las) Executive Engineer (Qa/Qc) $248 1 5 Invoice/Schedula Update s/Monlhly Progress Reports (10 assumed) I 1 6 Projecl Communical ions/As-Needed Meetings (6 assumed, 2 p Q 3 h) 1 7 Quality Control/Quality Assurance (see Design Submiltats below) 2 Subtotal TUBK i 2 TASK 2 - Field Reconnaissance, Data Collection and utility Search 2 2 Buana Vista LS Hydraulic s/Delermi nation ot Exi si ./Future Flows i 2 3 Utility Research/Retireval and Review 2.4 Ulility Markout/Potholing (AirX) 2.5 Field Survey o( Potholes (AirJVROW] Subtotal 7«»k2 TASK 3 - Surveying and Ma pping 3.1 . 3.2. 3.3 Surveying and Mapping (ROW Engineering) Subtotal Task 3 TASK 4 • Gcotechnica! ImesdgaOon 4 1 . 4.2, 4.3, 4.4 Geolechnical Investigation (Ninyo & Moore) :?, SirtaolRtTtwM TASK 5 - Legal Descriptions and Plats (easements assumed on 2 parcels) SuMoudTttkS TASK « - Preliminary Design Report and 30% Design Submlttal 6 1 ,1 Engineers Estimate of Probable Cost r 0 0 0 0 6 1 2 Prelimmaiy Design Report 6 6 1 3 30% Drawings 2 6 1 4 Construction Sequence Worli Plan Dimension and Connection Details 6.2 PDR/30% Design Workshop SobtotttlTasKe TASK 7 - Construction Drawings (and Specifications, see Task 9) 7 2 b 90% Design Submittal (Plans and Specs) 7 2 c Structural Design/Catas and Drawings 7 2c 1 ACP Condition Assessment in Jefferson SI O/C [Added Task per Cily Negotiation) 7.2.C.2 Corrosion Subconsullanl Services (Assume no CP req'd) 7.2.C 100% Design Submillal (Plans and Specs) (Add Task per City Negotiation) 7.2.d Final Design Submittal (Plans and Specs) 7 4 Design Submittal TMs (includes supporting calculations) 7.5 Design Submittal Review and Response TASK 8 - Traffic Control and Signal Ptan» Subtotal Taik 8 TASK 9 - Specifications [see Task 7} TASK 10 - Project Cost Estimate TMk 11 -Permitting 1 1 .2 Contractor Permit Identification , ,, ^ SuMoWTtsfcH Task 12 - Bidding Phase Services 12.2 Preparation ot Addenda (Omit Task per City Negotiation) TOTAL HOURS ABOVE Incl. SUBCONSULTANT HOURS Managing Engineer (PM) 5198 8 2 30 0 8 12 12 72 Principal Engineer (PE) $175 0o 0 0 0 0 0 0 2 Senior Engineer Engineer til $142 $122 ' 12 ! 8 12 0 8 9 41 4 2 0 0 3 3 2 2 2 8 3 3 I 1 » 9 24 I« ~ i" - 36-- - g 4 8 4 2 28 0 Sa 24 24 16 4 117 0 4 4 2 0 2 6 4 2 2 4 4 4 4 4 12 12 6 42 80 2 6 0 2 J 0 6 Senior Designer $122 , 6 ! 0 14 4 2 4 2 12 2 2 0 0 24 24 4 , 8 66 0 96 ' 160 34 8 • i 48 36 48 8 228 0 4 4 4 4 8 • 0 0 0 86 47 230 300 • (1) Subconsultants fees Includes Brown and Caldwell's 5% standard Markup. BROWN AND CALDWELL ^B ^^^B eX#*X& 64 64 '• 64 16 16 12 252 2 J 140 S 2 10 12 0 12 S31 12 218 4 4 0 8 6 14 20 0 39! -.0 ' 4 Senior i Word Drafter processor S99 i $79 I 6 0. B 16 8 2 22 2 2 0 0 4 82 4 99 4 W D 0 0 12 4 0 6 4 V • 20 2 8 10 . 0 0 0 2 24 67 2 8 2 a 96 161 32 56 113 24 12 189 4 4 t a 0 .0 .. SOS 39 4 34 36 2 4 24 388 0 . '• c 0 0 0 . . 476 42 • . 0 . 8 t 4 2 « 4 0 4 ' .. 1Z4 Clerk S73 2 2 0 2 2 e . 4 4 0 0 . 0 2 8 2 2 14 4 Labor Hours 0 16 22 54 0 24 27 14 157 18 8 40 4 6?8 6 s 9 9 ' , 6 16 98 194 27 31 366 0 679 77 12 0 313 263 98 72 t 1514 10o to 164 5 184 . 2 • 28 ; 10 t 3» . 4 I 54 0 0 4 ' ; 54 - «e : 2402i ssa Labor Cost $0 52,204 $3,076 S8.838 $0 S3. 340 $4.116 52.872 $24,446 51,926 51,162 54,156 J634 $884 $8,782 3836 $838 $1,578 $1,578 $1,096 51.096 $2,252 $12.736 $23,539 $3,650 $4,630 S47.007 , $0 $88,247 $9,256 52,192 50 542,243 $36,337 $16,288 $9,200 $203.763 $1,260 $1,260 $23,988 $23,988 $3,670 $1.174 $4,944 $7.340so " S7.34Q $324,922 Subs(1) JO $7,540 $1.950 $9,480 517,120 $17,123 529,504 $29.504 $9,680 59,630 Direct Costs(2) Total Cost " I SUBCONSULTANT $0 52,204 $100 $600 5400 5200 5250 5200 $1,750 $300 $3,176 $9,438 j $400 $3,540 $4,366 $3,072 AirX $2.226 : $1,162 $400 $4,556 $8,551 .$700 $0 $0 $0 5150 $250 $750 $100 $0 $1,250 ; $0 $750 5250 516500 50 $0 I $0 $0 $2,000 $250 $100 $16,505 $3,350 $18,000 $18.003 $0 ; $100 $0 ' $100 $16,500 $200 $16,500 5100 $300 $150 $0 $0 $156 $118,794 $7,800 ^ Subconsurtant Hours Summary V&A ; 65 ROW 160 AirX Planning Systems LLG TOTAL HOURS SUB 24 105 128 637 $2,932 $19,427 ROW $18,814 $18,814 $32,557 $32,557 ROW 511,260 $11,280 52,402 512,986 $24,289 ' ]_ $3,650 $4.930 $48,257 V&A $0 $88,997 $9,506 519517 ; 50 j 542,243 $36,337 $16,538 $9,300 $224,438 520,160 i $20,130 $0 $24,088 ! $24,088 Planning Systems $21,195 i , i $1,274 522.469 57490 SO i I ' S7.4SO , . """ | CITY OF CARLSBAD BUENA VISTA LIFT STATION FORCE MAIN (VC-4)Fee Estimate Exriibit10;35 AM12/18/2007 Preliminary Project Schedule ID Task Name I Duration ! Start : Finish ! ;2008 .2009 12010 12011 :2012 i 1 i : ! Oct 1 1 Preliminary Design Report Preparation 175 days Mon 1/14/08 Fri 9/12/08T ~"2~1 Perform Utility Research 20 days Mon 1/21/08 Fri 2/15/08 3 Environmental Documentation / NOE 175 days Mon 1/14/08 Fri 9/12/08 ~4~~ Initial Study/NOP 20 days Mon 1/14/08 Fri 2/8/08 i 5] Technical Studies 20 days Mon 1/14/08 Fri 2/8/08 ! ~6~~| Draft MND and CUP / NOE 30 days Mon 2/1 1/08 Fri 3/21/08 j ~~7 City Review 15 days Mon 3/24/08 Fri 4/1 1/08^ 8 Final MND 20 days Mon 4/14/08 Fri 5/9/08 ~~9~~ Coastal Development Permit 90 days Mon 5/12/08 Fri 9/12/08 __p Prepare Draft PDR 60 days Mon 1/14/08 Fri 4/4/08 "Til City Review 10 days Mon 4/7/08 Fri 4/1 8/08 " 12 ] Prepare Final PDR / 30% Design 1 0 days Mon 4/21/08 Fri 5/2/08 13 ] Contract Documents Preparation 173 days Mon 1/21/08 Wed 9/17/08 14 i Perform Detailed Geotechnical Investigation 30 days Mon 5/5/08 Fri 6/1 3/08 15 ! Prepare Draft Geotechnical Investigation Report 20 days Mon 6/1 6/08 Fri 7/1 1/08 16 1 Report Review 10 days Mon 7/1 4/08 Fri 7/25/08 ~~V7~1 Prepare Final Geotechnical Investigation Report 20 days Mon 7/28/08 Fri 8/22/08 18J Professional Surveying 30 days Mon 1/21/08 Fri 2/29/08 i 19 Conduct Potholing 20 days Mon 3/3/08 Fri 3/28/08 20 i Construction & Permanent Easement Acquisition 40 days Mon 5/5/08 Fri 6/27/08 i 21 90% Design Submittals 63 days Mon 5/5/08 Wed 7/30/08 ~22~; City Review 10 days Thu 7/31/08 Wed 8/1 3/08 j 23 100% Design Submittals 10 days Thu 8/14/08 Wed 8/27/08 \ 24 | City Review 25 Final Design Submittals ~26~] Bidding Phase 27 Project Advertisement ~28~j Project Award 29 | Construction Phase ~30~| Shop Submittal Process 1 0 days Thu 8/28/08 Wed 9/1 0/08 i 5 days Thu 9/11/08 Wed 9/17/08 70 days Thu 9/18/08 Wed 12/24/08 40 days Thu 9/18/08 Wed 11/12/08^ 30 days Thu 1 1/1 3/08 Wed 1 2/24/08 240 days Thu 12/25/08 Wed 11/25/09 30 days Thu 12/25/08 Wed 2/4/09 31 Procurement of Equipment and Materials 160 days Thu 2/5/09 Wed 9/16/09 32 Forcemain Construction 90 days Thu 2/5/09 Wed 6/10/09 33 j Testing 30 days Thu 6/1 1/09 Wed 7/22/09 34 i Existing Forcemain Rehabilitation 60 days Thu 7/23/09 Wed 10/14/09 35 1 Testing 30 days Thu 10/15/09 Wed 11/25/09 36 ] Project Closeout SOdays Thu 11/26/09 Wed 1/6/10 Project: Buena Vista Lift StationDate: Mon 12/17/07 i Jan j Apr i Jul : Oct : Jan Apr i Jul Oct i Jan i Apr i Jul Oct i Jan Apr i Jul i Oct Jan i Apr D \V ijl | C=KL^faj Task r I Summary ^••'^^V 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 BROWN & CALDWELL, INC., a corpora *By: icipal lifornia (print name/title) (e-mail address) If required by City, 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, City Attorney By- Deputy City Attorney City Attorney Approved Version #11.28.06