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Carollo Engineers; 2009-09-23; PWENG719
PWENG719 AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR CAROLLO ENGINEERS, INC. This Amendment No. 3 is entered into and effective as of the 26th day of August , 2014, extending and amending the agreement dated September 23, 2009, (the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Carollo Engineers, Inc., a Delaware corporation, ("Contractor") (collectively, the "Parties") for the Pressure Control Hydroelectric Facility at the Maerkle reservoir, Project No. 5025. RECITALS A. On October 17, 2012, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On October 26, 2013, the Parties executed Amendment No. 2 to the Agreement to Extend the Agreement for a period of one (1) year and alter the scope of work to include management and analysis during construction; and C. The Parties desire to extend the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. The Agreement as may have been amended from time to time, is hereby extended for a period of one (1) year ending on September 21, 2015. 2. All other provisions of the Agreement, as may have been amended form time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended form time to time, shall include coverage of the is Amendment. Ill Ill Ill Ill Ill Ill General Counsel Approved Version 1 /30/13 PWENG719 4. 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 CAROLLO ENGINEERS, INC., a Delaware corporation By<ll ----(sign here) 1 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By~d President · · · · f{ ~<-Uc~ I 6 (Ec_t2£-r fell!--~ (print namd/title) ATTEST: (sign here :¼itl-P. wkudtm ( ~tOWVt ~tt (print name/title) ~ Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel General Counsel Approved Version 1 /30/13 2 PWENG719 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR (CAROLLO ENGINEERS, INC.} This Amendment No. 2 is entered into and effective as of the ,.J]f-fh day of Oc::fobec , 2013, extending and amending the agreement dated September 23, 2009, (the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"}, and Carollo Engineers, Inc., a Delaware corporation, ("Contractor") (collectively, the "Parties") for the Pressure Control Hydroelectric Facility at the Maerkle reservoir, Project No. 5025. RECITALS A. On October 17, 2012, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. The Parties desire to alter the Agreement's scope of work to provide Project Management during Construction, conduct a hydrodynamic analysis and provide recommendations on methods to protect the facilities from excessive pressure surges, provide construction support services, and miscellaneous specialty services as required during construction; and C. The Parties desire to extend the Agreement for a period of one (1) year ending on September 22, 2014; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee; and E. The Parties desire to delete Task 1 O for construction support services in the original agreement dated September 23, 2009 and replace with Task 3 of the attached Exhibit "A" for construction support services; and F. The Parties desire to add the following new section to the Agreement and renumber subsequent sections appropriately: 26. SERVICES DURING CONSTRUCTION 26.1 Contractor shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by construction contractors or the safety precautions and programs incident to the work of construction contractors and will not be responsible for construction contractors' failure to carry out work in accordance with the Contract Documents. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. Contractor changed its name and domicile state from "Carollo Engineers, P.C., an Arizona corporation" to "Carollo Engineers, Inc., a Delaware corporation" on May 13, 2010. General Counsel Approved Version 1/30/13 All other aspects of Contractor's business, including its Federal Tax ID, business operations, and ownership structure have remained unchanged. Hereinafter, references to Contractor should be to "Carollo Engineers, Inc., a Delaware corporation. 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". With this Amendment, the total annual Agreement amount shall not exceed one hundred fifty thousand dollars ($150,000). 3. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed ninety seven thousand four hundred seventy two dollars ($97,472). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 4. Contractor will complete all work described in Exhibit "A" by September 22, 2014. 5. Task 10 for construction support services in the original agreement is deleted and replaced with Task 3 of the attached Exhibit "A" for construction support services. 6. New Section 26 -Services During Construction is added to the agreement and subsequent sections renumbered appropriately. 7. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 8. 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. Ill /II /II /II /II /II Ill /II /II /II /II 2 General Counsel Approved Version 1/30/13 9. 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: (sign here) As/,/ LJAScN ~ E VP (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By diei~ """"" l2r9&id9A-t, Executive Manager er Diree!_~~~~~~~-~~.,., ... ., f Q~,.~~o ~~---~ ~ ~ :c1 .,.-c,-= i:~ !ii;;= :;d'-\ :~= -:. ~\ ~. " ..... ~::: ATTEST: ~ ... "'J,;·•·::"£1F~ .... ~ ,' ... " ········· ...... ,, ,, ,,, ,, '''""'''' Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 3 C c;:,r,..••,. Engineers ... Working Wonders With Water® CERTIFICATION This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate policy approved by the Board of Directors on 02/07/2011, Douglas J. Lanning, Vice President, and Ash K. Wason, Executive Vice President, are authorized to execute engineering service agreements for the usual and customary engineering business of the company. Dated: October 9, 2013 ----~--- General Counsel 2700 Ygnacio Valley Road, Suite 300, Walnut Creek, California 94598 P. 925.932.1710 F. 925.930.0208 carollo.com EXHIBIT A SCOPE OF SERVICES ENGINEERING SERVICES FOR CONSTRUCTION SUPPORT SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR BACKGROUND The Carlsbad Municipal Water District (CMWD) of Carlsbad gets a portion of its water from San Diego County Water Authority's (SDCWA) Tri-Agency Pipeline Connection No. 3 (TAP3). The pressure in the T AP3 is relatively high compared to the pressure needed to fill the Maerkle Reservoir and Dam. Currently, the CMWD reduces the pressure of TAP3 from 178 psi to approximately 20 psi through a pressure-reducing station. The stored energy that is in the high-pressure water is wasted when the pressure is reduced with pressure-reducing valves (PRVs). The CMWD will recover this wasted energy by installing the Pressure Control Hydroelectric Facility (PCHF) in parallel with the pressure-reducing station. The CMWD installation of the PCHF will help it meet two goals: to reduce the amount of electricity that it purchases from San Diego Gas and Electric (SDG&E), and to reduce its carbon footprint by recovering this valuable renewable energy. Design of the PCHF was completed by Carollo Engineers, Inc. (CONSUL TANT) in June of 2013. SCOPE OF SERVICES The following sections describe the detailed scope of services covered in this exhibit. The scope of services includes providing a detailed hydrodynamic analysis and providing construction support services. . . TASK 1 PROJECT MANAGEMENT, ADMINISTRATION, AND MEETINGS Task 1.1 -Project Management Under this task, CONSULTANT will manage CONSULTANT's team, and monitor project schedule and budget as described herein. CONSUL TANT Shall: 1. Maintain coordination of the project team consisting of the CONSULTANT and its SUBCONSULTANT. This task includes internal team meetings, meetings with SUBCONSUL TANT, and attendance by the PE in up to four (4) -two (2) hour teleconference meetings with CMWD/Construction Contractor. 2. CONSUL TANT shall prepare monthly invoicesduring the construction phase of the project completed by task for the month. The budget for this task assumes a total of ten (10) monthly progress reports are generated during the project term which is based on an anticipated eight (8) month construction period. C:\pw_workinglprojectwiseltmossingerld01873371Scope_Hydro_ESDC.docx 1 Deliverables: 1. Up to ten (10) monthly invoices. 2. Attendance by the PE in four (4) teleconference meetings. TASK 2 HYDRODYNAMIC ANALYSIS This task is to conduct a hydrodynamic analysis of the hydroelectric system and the existing vault to determine appropriate turbine inlet valve opening/closing speeds as they relate to operation in parallel to the existing pressure regulation valves. Task 2.1 -Hydrodynamic Analysis Under this task, a hydrodynamic analysis shall be performed simulating control valve opening and closing, turbine overspeed, and load rejection to determine the impact of the PCHF on the TAP3 pipeline and the future desalination pipeline due to upset conditions. Analysis will include recommendations on methods to protect the facilities from excessive pressure surges. Scope of services shall be as noted in the attached proposal from Flow Science Incorporated dated, August 5, 2013. CONSUL TANT Shall: 1. Gather the information required to construct an hydraulic transient model of the system. This will include the preliminary PCHF layout, all pipeline information (profiles, lengths, diameters, materials, pressure classes, etc.) for the existing transmission system, and flow control structures, and any other appurtenances that are deemed critical to the analysis of the system. Maximum and minimum allowable pressures or hydraulic gradeline elevations that the existing and proposed system piping can withstand will be determined from coordination with the City of Carlsbad and SDCWA. 2. Establish initial non-transient hydraulic grade line elevations for the system under maximum and minimum flow conditions with the proposed PCHF in operation. This will include scenarios for the operation of the flow control valves, turbine load acceptance, and turbine foad loss/rejection. · 3. Perform simulations under maximum and minimum flow conditions to determine the opening and closing times of the pressure control valves and bypass valves such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. 4. Perform simulations to determine the rejected flow requirements that must be met by the turbine such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. 5. Prepare and submit a draft technical memorandum summarizing the results of the analyses. Attend one meeting to discuss the results. 6. The scope of work does not anticipate significant design related changes resulting from the hydrodynamic evaluation. Should significant design clarification be required beyond the anticipated scope effort assumed for design clarifications this will be considered out of the scope of these services. Deliverables: 1. Memorandum summarizing the results of the analyses. C:\pw_working\projectwise\tmossinger\d0187337\Scope_Hydro_ESDC.docx 2 TASK 3 CONSTRUCTION SUPPORT SERVICES This Task 3 covers the construction support services including the combined CONSULTANT office engineering, and start-up services. CONSUL TANT Shall: 1. Construction Support Services: CONSUL TANT will be on call during construction to assist the CMWD's construction management team to evaluate and help resolve onsite design and other technical issues for mechanical, electrical and instrumentation related work. a. 4. Site Visits/Meetings: PE to attend up to 3 on site construction meetings/site visits. Other engineers to attend construction meetings/site visits as noted as follows: electrical (1 visit) and l&C (1 visit). 5. Review selected contractor shop drawings and submittals, as requested by CMWD, and provide written response to CMWD "Or Equal" product substitution evaluations are included in this task. (Assume 6 initial submittals and 3 resubmittals) 6. Provide clarifications on submittal review questions identifying discrepancies in the construction drawings and specifications, and the intent of the specifications. Provide written response to CMWD within three working days or as mutually agreed after receipt of request (assume 1 clarification). 7. Construction Drawing and Specification interpretation: Provide written clarifications and interpretation of design criteria, or design intent, in response to contractor's Request for Information RFI (Assume 8 RFI). 8. Change and Change Order Services: a. Assist CMWD in evaluation of Contractor initiated solutions to resolve field constructability issues. Provide written comments and recommendations (assume 2 evaluations) b. Review CMWD initiated change order requests based upon proposed design modifications. Provide written comments and recommendations. Prepare plans, specifications, and cost estimates for approved major design modifications. (Assume 2 evaluations). · c. Review Contractor-initiated requests for change orders based on design elements in the construction drawings and specifications and provides written recommendations on the merit of the change order request. Prepare plans, specifications, and cost estimates for approved major design modifications. (Assume 1 evaluations, preparation of plans and specification to be under Extended Services). 9. Operation/Start-Up: Upon completion of the work, conduct operator training sessions for PCHF facilities, provide input to CMWD's start-up plan as it is developed, and observe start-up. Assist CMWD in all guarantee/warranty disputes (assume two 1-day training). 10. Equipment Operating Procedures and Turbine Maintenance Standards (O&M Manuals): Review the Contractor's and manufacturer's equipment O&M Manuals, once fully completed and reviewed by the CMWD, review for contradictions, inconsistencies, and unnecessary duplications. Deliverables: 1. One report of shop Quality Control inspections. 2. One list of critical shop drawings. 3. Written clarifications on submittal review questions (3 total). C:\pw_working\projectwise\tmossinger\d0187337\Scope_Hydro_ESDC.docx 3 4. RFI responses (8 total). 5. Submittal review comments (9 total). 6. Provide design clarifications (1 total). 7. Evaluation of contractor initiated requests for change orders (1 total). 8. Review comments from review of Contractor and manufacturer's O&M Manuals. C:lpw_workinglprojectwise\tmossinger\d01873371Scope_Hydro_ESDC.docx 4 Flow Science Incorporated 723 E. Green St., Pasadena, CA 91101 (626) 304-1134 • FAX (626) 304-9427 August 5, 2013 Carollo Engineers 2700 Ygnacio Valley Road #300 Walnut Creek, California 94598 Attention: Subject: Tom Mossinger, P.E. City of Carlsbad Public Works . Maerkle Reservoir Pressure Hydroelectric Facility Proposal for Transient Analysis FSI091064 Dear Mr. Mossinger: FLOW/SCIENCEe This letter responds to your request for a proposal to perform the necessary transient analyses as outlined in the request for proposals (RFP) for the City of Carlsbad Public Works Maerkle Reservoir Pressure Control Hydroelectric FaciJity (PCHF) project. From the information contained in the RFP, it is our understanding that the new PCHF will consist of a single standard fixed flow centrifugal pump used in a turbine configuration to generate power. It will have a capacity of approximately 6. 75 cfs and will be installed in parallel to the existing pressure reducing station. The facility could operate with both the turbine and the bypass valves in operation. Flow to the facility will be provided via the CR3 turnout off the San Diego County Water Authority's (SDCWA) Tri-Agencies Pipeline. The incoming pressure to the facility will be fixed at approximately 178 psi. Flow will be discharged into either the IO million gallon Maerkle Reservoir with water surface elevations (WSELs) between 491.3 ft and 514 ft, or to the 200 million gallon Maerkle Dam storage reservoir with WSELs between 442.5 ft and 500 ft. The hydraulic transients generated by the PCHF can be created by: (1) the opening and closing of the turbine flow control valves to provide load acceptance of the turbines; (2) turbine load rejection; and (3) the opening and closing of the turbine flow bypass pressure control valves. Of these potential sources of hydraulic transients, the most serious to control is the pressure transients generated by load loss to the turbine unit. Centrifugal pump units, when used in a turbine mode as proposed here, are subject to flow choking at runaway and the pressure transients created can be severe. These small generating units also have little built-in polar moment of inertia so the units flash to runaway speed within a second or two ofload loss [see article by Flow Science's Dr. E. Pasadena, CA• Phlladelphla, PA• Harrisonburg, VA www.flowscience.com 30 -YEARS 01' SERVia ,, ,w Tom Mossinger, P.E./Carollo August 5, 2013 FLOW SCIENCE~ ... i Page 2 of 4 John List, J 987 National Conference on Hydraulic Engineering "Calculating Runaway Pressure Surges in Small Hydro Units"]. Because of the rapidity with which the runaway condition is approached there is little opportunity to use the parallel bypass valves for pressure transient control and other surge protection methods are usually employed. Flow Science has used both added polar moment of inertia (flywheels) and pressurized surge tanks to slow down the runaway process at load rejection and provide time for bypass valves to operate. The pressure transients that are induced at load rejection are controlled almost entirely by the zero efficiency point in the available head- discharge curve (the point where no useful work is obtained from the machine and all available energy is dissipated within the machine). Some turbine units, in fact, can produce no flow choking at runaway. The pressure transients created by the opening and closing of the flow control and bypass · valves are the simplest to analyze and control. This requires determining the opening and closing times of the flow control valves that will prevent adverse transients from propagating through the system. The analysis of load acceptance and load rejection is considerably more time consuming and complicated. If the detailed characteristics of the turbines are known, especially the zero efficiency head-discharge curve and corresponding runaway speeds, then these can be entered into the transient computer program and the transients generated by load acceptance and rejection can be calculated. Then, depending upon the magnitude of t]\il transients, surge protection can be designed to prevent these transients from exceeding the design levels of the system. However, if the characteristics of the turbine are not known then the change in flow rate over time of the selected turbine can be used to determine the maximum pressure that will be created when the turbine goes to runaway. This will allow for surge protection measures to be determined to prevent adverse pressure surges from propagating into the pipeline For the purpose of the proposal, we will assume that this type of simulation will be performed. For the purpose of this proposal, we will assume that the modeling of the upstream system will include the Tri-Agencies pipeline and will not include the piping of any of the other turnouts off this line and will not include any of the three Aqueducts. The connection to the Aqueducts will be modeled as a constant head point Based on the above, the scope information contained in the RFP, and our previous experience with the SDCWA, we see the following Scope of Work as necessary to complete the hydraulic transient analysis of the system. SCOPE OF WORK Task 1 -Gather the information required to construct an hydraulic transient model of the system. This will include the preliminary PCHF layout, all pipeline information {profiles, lengths, diameters, materials, pressure classes, etc.) for the existing transmission system, and flow control structures, and any other appurtenances that are deemed critical to the analysis of the system. Maximum and minimum allowable pressures or hydraulic gradeline elevations that the existing and proposed system Tom Mossinger, P.E./Carollo August 5, 2013 Page3 of 4 Task2- Task 3 - Task4- Task 5 - Task 6- piping can withstand will be determined from coordination with the City of Carlsbad and SDCWA. Establish initial non-transient hydraulic grade line elevations for the system under maximum and minimum flow conditions with the proposed PCHF in operation. This will include scenarios for the operation of the flow control valves, turbine load acceptance, and turbine load loss/rejection. Perform simulations under maximum and minimum flow conditions to determine the opening and closing times of the pressure control valves and bypass valves such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. Perform simulations to determine the rejected flow requirements that must be met by the turbine such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. Prepare and submit a draft technical memorandum summarizing the results of the analyses. Attend one meeting to discuss the results. Upon receipt of comments, prepare and submit the final technical memorandum. The table below contains the manhour and cost estimate to complete the above Scope of Work. Task Principal Principal Project Secretarial Consultant Engineer Engineer 1 Data Gathering 8 24 2 Non-transient Conditions 2 16 3 Transients -Valve Operations 1 6 16 4 Transients -Turbine Operations 4 8 24 5 Dra~ Technical Memorandum 2 12 40 2 6 Final Technical Memorandum 1 4 12 2 Total hours 8 40 132 4 Hourly Rate 266 222 128 90 Total Labor 2.128 8,880 16,896 360 Direct Costs, est. (shipping, 136 printing, etc.) Tom Mossinger, P.E./Carollo August 5, 2013 Page4 of 4 ! Total Cost FLOW SCIENCE:o, 2s,4001 We estimate that we can complete the above Scope of Work in 30 working days upon receipt of a signed contract and notice to proceed along with PCHF details (i.e. pump curves, plans, sections, valving, etc.), valve details (size, model, flow characteristics, etc.) flow parameters of the system, and pipeline details at the Maerkle Reservoir and Tanlc. Upon completion of the final design we will review the plans and specifications as they pertain to surge protection to insure confonnity to our recommendations. Two copies of the report will be provided. If you have any questions or need any other infonnation, please do not hesitate to ca11. Sincerely, R. Scott Foster, P .E. Principal Engineer and COO C Engineers ... Working Wonders With Water ,M TASK/ DESCRIPTION Task 1 -PM, Admin, and Meetings 1.1 Project Management Task 2 -Hydrodynamic Analysis 2.1 Hydrodynamic Analysis Task 3 -Construction Support Services 3.1 Construction QA Services 3.2 Site Visits-Meetings/Factory Inspection/Testing 3.3 Request for Information Response 3.4 Field Change and Change Orders Services 3.5 Shop Drawing Submittal Review 3.6 Record Drawing Support 3.7 Operation/Startup O&M Manuals -.. -.. .. -• . TOTALS City of Carlsbad Pressure Control Hydroelectrical Facility -ESDC August 12, 2013 LABOR HOUR CAROLLO LABOR HOURS & EXPENSES I I I ' Civil/CM PM PE Structural Electrical l&C services CAD 12 8 0 0 0 0 0 12 8 I I 4 I 12 0 0 0 0 8 4 ; 12 8 I 20 130 4 48 40 i 12 8 0 0 0 0 0 0 0 18 0 6 6 ! 0 8 ! 24 0 8 8 0 4 24 0 6 6 I 0 8 4 32 0 24 16 I 0 I 0 I 0 0 0 0 4 32 4 4 4 12 ·.: ·•-; 36 150 4 48 40 12 16 Total Carollo Labor Hours Cost Word 8 28 $ 5,439 8 28 $ 5,439 ! 1 0 24 $ 4,370 I 24 $ 4,370 i 4 266 $ 52,624 I 0 $ -I ; 30 $ 5,777 ! 48 $ 9,800 4 52 $ 9,437 76 $ 14,970 0 $ - I 60 $ 12,640 . · ... 12 318 $ 62,437 CAROLLO DIRECT EXPENSES SUBCONSULTANTS Direct i TOTAL COST Expenses, Hydrodynamic I by Task Travel Total Direct PECE Charges Analysis · Sub Total Markup Total $ -$ 334 $ 334 $ -$ -$ -$ -$ 5,773 $ 334 $ 334 IS -$ -$ -$ 5,773 $ -$ 286 $ 286 $ 28,400. $ 28,400 $ 2,840 $ 31,240 $ 35,896 $ 286 $ 286 $ 28,400 I $ 28,400 $ 2,840 $ 31,240 $ 35,896 $ -$ 3,174 $ 3,174 $ -$ -$ -$ -$ 55,798 $ -$ -$ $ $ $ ---- $ -$ 358 $ 358 $ -$ -$ -$ 6,135 $ 573 $ 573 ·$ -$ -$ -$ 10,373 $ 621 $ 621 ,$ -$ -$ -$ 10,058 $ 907 $ 907 $ -$ -$ -$ 15,877 $ -$ - $ 716 $ 716 !$ -$ -$ -$ 13,356 I • . .· .. -:-'" -, .. j · .. .. ··. ; I $ -$ 3,795 $ 3,800 $ 28,400 $ 28,400 $ 2,840 $ 31,240 $ 97,472 PWENG719 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR (CAROLLO ENGINEERS) This Amendment No. 1 is entered into and effective as of the / 7-ffi day of Oc.toblf . 2012. extending the agreement dated September 23, 2009 (the "Agreement") by and between the Carlsbad Municipal Water District. a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad. ("CMWD"). and Carollo Engineers. P.C .• an Arizona corporation. ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW. THEREFORE. in consideration of these recitals and the mutual covenants contained herein. CMWD and Contractor agree as follows: 1. The Agreement. as may have been amended from time to time. is hereby extended for a period of one (1) year ending on September 22. 2013. 2. All other provisions of the Agreement. as may have been amended from time to time. shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement. as may have been amended from time to time. shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version 2/17/12 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR (s Drutat.A:S :r: LA>J )-JI PS' , v,.P, (print name/title) ' By w.JJ~ ~ (sign here) V'JA-0-Ml ~~ (L(-o ATTEST: ~~oiy,7 Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel General Counsel Approved Version 2/17/12 2 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR (CAROLLO ENGINEERS) PWENG719 ~ AGREEMENT is made and entered into as of the ~,;....d,._ day of -~----J--~-'----"'--=--' 2009, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and CAROLLO ENGINEERS, P.C., an Arizona corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of an engineering consultant that is experienced in analysis and design of a pressure control hydroelectric facility. B. Contractor has the necessary experience in providing professional services and advice related to pressure control hydroelectric facilities. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional one (I) year periods or parts thereof in an amount not to exceed one hundred fifty thousand dollars ($150,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. General Counsel Approved Version #05.06.08 1 ---~ --------------- 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be an amount not to exceed four hundred twenty-five thousand two-hundred sixty four dollars ($425,264). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses General Counsel Approved Version #05.06.08 2 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-:VII", OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General 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 CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. General Counsel Approved Version #05.06.08 3 10.1.4 Professional Liability. Errors and omIssIons liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. General Counsel Approved Version #05.06.08 4 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name William Plummer Title Deputy City Engineer Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad CA 92008 Phone No. (760) 602-2768 E-Mail bill.plummer@carlsbadca.gov For Contractor: Name Douglas J. Lanning Title Partner-in-Charge Carollo Engineers Address 5575 Ruffin Road. Suite 200 San Diego. CA 92123 Phone No. (858) 505-1020 E-Mail dlanning@carollo.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. General Counsel Approved Version #05.06.08 5 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 CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will General Counsel Approved Version #05.06.08 6 assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. General Counsel Approved Version #05.06.08 7 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version #05.06.08 8 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. an By: here) ~~ UJ.}µ,>fi ~ PI\RJJr~ (print name/title)' J lqMI i;a;@~I I.:,. CDM. (e-ii address) **By:~~ (sign here) Sflf<JJAN WA--SrJN I/JABWE/2.. (print name/title) ' S tJa.soh ~ Cti Yofh. G~ (e-mail address) *Group A. Chairman, President, or Vice-President CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911 and a Subsidiary · trict of the f Car bad **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel General Counsel Approved Version #05.06.08 9 ' " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of ~ ~ On ~ 2--Z aaoq before me, } ----r;-oate LA personally appeared ----~.::;Jff~~/(.~W~II:~-~~~~~------------ e e e o t e ¼ :► + t'.t lt:--re ArA-b e o e * e o, e :t, f • VIRGINIA K. EWOTT ~ COMM. #1~,. ~ NOTARYPUBUC-~ .:::, CONTRA COSTA vuun' ' My Comm. Expll'88 June 1;. l!010 t ic; 0 0 4 4 4 o g ;u o u ..e o e o o o o o 4 o 4 Place Notary Seal Above who proved to me on the basis of_;~tisfactory evidence to be the personOO whose name~(yare subscribed to the within instrument and acknowledged to me that ~he/they executed the same in~her/their authorized capacity)(s), and that by@,er/their signaturet,) on the instrument the person(s), or the entity upon behalf of which the personlX_) 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. Signatureu~~~~~~u___· J.~~~~~•~--- 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: {)~ pm ~d~~ Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _______________ _ □ Individual □ Corporate Officer -Title(s): _________ _ □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association• 9350 De Soto Ave .• P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <X,e<:.e<XX:&<><X!XfX!{;{X½!X!XfX,<::xXX:¢¢¢-:<X:&{:,<XXX:@l;;J{XX:&<'@&<'&<'&<'&<'&<'&<'&<'&<'if &<'&<'¢¢ ¢!X!Xif f:Xif ,¢< State of California County of . 0 m Yl§ e_, On ?i /cl// D q before me, ~ Dat~ Here Insert Name and Title oft personally appeared ]:)ou.5 la=> J La. Y\ Y\ ~j~of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personW'whose name.(8) is.tare-subscribed to the within instrument and acknowledged to me that he/sl ,e,'tfaley-executed the same in hi::,11 ,e, /t19e+f-authorized capacity(i.ear, and that by his/1,ei/tl ,ei, signature(st 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. OPTTONAL------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _______________________________ _ Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ □ Individual I I Corporate Officer -Title(s): u Partner -□ Limited □ General lJ Attorney in Fact □ Trustee L7 Guardian or Conservator □ Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ □ Individual LJ Corporate Officer -Title(s): ________ _ LJ Partner -LJ Limited □ General LJ Attorney in Fact □ Trustee LJ Guardian or Conservator □ Other: __________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here CZ,"CZ,"CZ,-CZ,"CZ,"CZ,-CZ,"CZ,"CZ,'O<)CZ,"CZ,"CZ,"CZ,"CZ,"CZ,"CZ,"CZ,-CZ,"CZ,"CZ,-CZ,"CZ,'<X,-c<,·Q<,'<.X,.'C<,"CZ,"CZ,«,'C<,-CZ,'<.~<}<X,'«<;'<X,'<X-'<X-'<X,'<X,'<X,'<X--CZ,-CZ."CZ,'<X ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A SCOPE OF SERVICES ENGINEERING SERVICES FOR PRELIMINARY DESIGN, FINAL DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR BACKGROUND The Carlsbad Municipal Water District (CMWD) of Carlsbad gets a portion of its water from San Diego County Water Authority's (SDCWA) Tri-Agency Pipeline Connection No. 3 (TAP3). The pressure in the T AP3 is relatively high compared to the pressure needed to fill the Maerkle Reservoir and Dam. Currently, the CMWD reduces the pressure of TAP3 from 178 psi to approximately 20 psi through a pressure-reducing station. The stored energy that is in the high-pressure water is wasted when the pressure is reduced with pressure-reducing valves (PRVs). The CMWD desires to recover this wasted energy by installing the Pressure Control Hydroelectric Facility (PCHF) in parallel with the pressure-reducing station. The CMWD is considering the installation of the PCHF to help it meet two goals: to reduce the amount of electricity that it purchases from San Diego Gas and Electric (SDG&E), and to reduce its carbon footprint by recovering this valuable renewable energy. Based on the current technology of small hydroelectric generators, this application presents a good opportunity for energy recovery. There are several types of turbines used to generate electricity based on flow and available pressure head. The PCHF is a high-head, low-flow application. The different types of turbine generators range from low-cost, lower-efficiency to high-cost, higher-efficiency systems. Selection of the most long-term, cost-effective system is key to the success of this project. SCOPE OF SERVICES The following sections describe the detailed scope of services covered in this exhibit. TASK 1 PROJECT MANAGEMENT, ADMINISTRATION, AND MEETINGS Task 1.1 -Project Management Under this task, CONSULT ANT will prepare a Project Management Plan, manage CONSULT AN T's team, and monitor project schedule and budget as described herein. CONSUL TANT Shall: 1. Prepare a Project Management Plan with the following sections: a. An introduction covering the project objectives and the project goals. b. The scope of services and list of deliverables for all items included in this contract. c. Key personnel assignments/organization chart. d. Project schedule. e. Project budget. f. A description of the quality management procedures of the project. g. A description of the monthly project reporting. 1:11 Carlsbad\Project Management\Scope Carollo -v3.doc 1 h. A description of team communication procedures and contact information. 2. Maintain coordination of the project team consisting of the CONSUL TANT and its SUBCONSUL T ANTS. This task includes internal team meetings, meetings with various SUBCONSUL TANTS, and regular correspondence between team members. 3. CONSULT ANT shall prepare monthly progress reports during the design phase of the project, that include a summary of the work completed by task for the month, the work anticipated to be completed in the following month, and a status report on the project schedule and budget. The budget for this task assumes a total of eight (8) monthly progress reports are generated. The progress reports will be drafted, discussed, finalized, and delivered to the CMWD within three weeks after the subject month. This is to allow coordination with the CONSULTANT's billing cycle. Deliverables: 1. Project Management Plan as described above. 2. Up to eight (8) monthly progress reports, design phase only. Task 1.2 -Quality Management CONSULT ANT shall perform quality management reviews of deliverables as described herein to maintain a standard of care consistent with other practicing professional engineers performing the same or similar work at the time the notice to proceed is issued. CONSUL TANT Shall: 1. Provide a dedicated senior staff with applicable experience to conduct quality management reviews of each deliverable to the CMWD. CONSULT ANT shall provide the services of a senior-level engineer for technical review of the project deliverables prior to submittal to the CMWD. 2. Provide an internal design review at the 90 percent design completion phase. A team of experienced engineers will be assembled to review the plans and specifications and provide final comments prior to finishing the design. Deliverables: 1. Check prints, list of comments from the CONSUL TANT's internal review processes. TASK 2 FEASIBILITY ANALYSIS This task is to determine if the project is feasible from a financial, environmental, and engineering standpoint. Task 2.1 -Design Options CONSUL TANT Shall: 1. Collect data from the CMWD to determine minimum, average, and maximum hour water flow rates, including time-of-day transfer and other transient conditions. 2. Collect drawings/data for the existing facilities on the proposed site, including drawings of the Pressure Reducing Station, yard piping, utilities, geotechnical reports, from the CMWD. 3. Collect drawings/data for the existing Tri-Agencies Connection No. 3, including yard 1:11 Carlsbad\Project Management\Scope Carollo -v3.doc 2 piping, utilities, geotechnical reports, from the San Diego County Water Authority. 4. Based on the information above, have a minimum of three hydroelectric turbine manufacturers provide proposals on equipment cost, sizing, anticipated kilowatt rating, and yearly electrical production amount. 5. Develop a preliminary design of the PCHF facility; connection to the existing pressure- reducing station, the Maerkle Reservoir, and Maerkle Dam; and develop a preliminary design of the electrical equipment required to connect to the grid. 6. Provide an engineering cost estimate of the facility cost based on the preliminary design and information obtained in the items above. This estimate would be a Class 3 level estimate with an expected accuracy of -15 to +30 percent. 7. Develop a cost-benefit analysis for the project based on capital cost, operation and maintenance cost, and power generation revenue. Deliverables: 1. Technical memorandum (TM) summarizing the above items, including preliminary site drawings, and facility layout drawings. Task 2.2 -Hydrodynamic Analysis Under this task, a preliminary hydrodynamic analysis performed simulating control valve opening and closing, turbine overspeed, and load rejection to determine the impact of the PCHF on the T AP3 pipeline and the future desalination pipeline due to upset conditions. Analysis will include recommendations on methods and cost to protect the facilities from excessive pressure surges. CONSULTANT Shall: 1. Gather the information required to construct a hydraulic transient model of the system. This will include the preliminary PCHF layout, all pipeline information (profiles, lengths, diameters, materials, pressure classes, etc.) for the existing transmission system and the proposed desalination system, pressure and flow control structures, and any other appurtenances that are deemed critical to the analysis of the system. 2. From the information gathered in Item 1, determine the maximum and minimum allowable pressures or hydraulic gradeline elevations that the existing and proposed system piping can withstand. Coordinate with the CMWD and SDCWA for their requirements. 3. Establish initial non-transient hydraulic grade line elevations for the system under maximum and minimum flow conditions with the proposed PCHF in operation. This will include scenarios for the operation of the flow control valves, turbine load acceptance, and turbine load loss/rejection, both with and without the proposed desalination system in operation. 4. Perform simulations under maximum and minimum flow conditions to determine the opening and closing times of the pressure control valves and bypass valves such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. 5. Perform simulations to determine the rejected flow requirements that must be met by the turbines such that the maximum and minimum pressure requirements of the system pipelines are not exceeded. 6. Prepare and submit a draft TM summarizing the results of the analyses. 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 3 Deliverables: 1. Draft TM summarizing the results of the analyses. Task 2.3 -Survey for Sensitive Species and Cultural Resources Under this task a survey of sensitive species and cultural resources in the area to provide the CMWD information it needs to determine appropriate routing of electrical wiring from the PCHF location to a connection point on the SDG&E electricity grid. CONSULT ANT Shall: Task 2.3.1 -Cultural Resources 1. Conduct a record search at the San Diego Information Center for historic and prehistoric background information for the Pressure Control Hydroelectric Facility at Maerkle Reservoir. Submit a Sacred Lands Record Search letter to the Native American Heritage Committee on behalf of the CMWD of Carlsbad. 2. Conduct a field survey of the project site in accordance with the CMWD guidelines. Based on the survey, prepare and submit for review a technical report identifying the project area, describing any findings, and describing their potential in terms of being significant archaeological resources as outlined by California Environmental Quality Act (CEQA). This report will include the results of the record search, archaeological field survey, and appropriate maps indicating the locations of any known cultural resources within the project area. The report will also provide recommendations regarding any archaeological sensitivity of the project area and the mitigation of impacts to any cultural resources located within the project area as specified under the guidelines of CEQA. Task 2.3.2 -Biology 1. A biologist will conduct a search of the records of the California Natural Diversity Data Base (CDFG) to determine what sensitive species have been reported from the vicinity of the project. The biologists will review pertinent existing vegetation mapping and previous environmental reports and biological survey results identified by the CMWD as related to sensitive species in the project area. 2. Conduct a botanical survey of the project improvement area to search for potential habitat for sensitive plant species and a zoological survey to search for potential habitat for sensitive animal species. The potential for sensitive plant and animal species to occur within the project boundary will also be addressed. Results of the inventoried biological resources located during the survey will be reported to the Natural Diversity Data Base in accordance with requirements. Prepare a vegetation map as appropriate. 3. Based on the surveys, prepare and submit for review, a biological letter report. The report will describe temporary and permanent impacts to biological resources occurring within the area of potential effect from construction of the proposed project and the impact of the proposed development on habitats that could be affected. Included in this report will be vegetation map(s) of the project site showing natural plant communities and the observed locations of rare and endangered species. Mitigation measures will be developed as necessary. Deliverables: 1. A Sacred Lands Record Search letter to the Native American Heritage Committee on behalf of the CMWD of Carlsbad. 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 4 2. Technical report identifying the project area, describing any findings, and describing their potential in terms of being significant archaeological resources. 3. Biological letter report. Task 2.4 -Feasibility Analysis Workshop Under this task, CONSUL TANT shall conduct a half-day workshop and present drafts to CMWD of the deliverables in this task. Prepare responses to comments within two weeks of the workshop. CONSULT ANT Shall: 1. Attend one (1) workshop with CMWD at CMWD's offices. 2. Prepare a workshop agenda. 3. Issue workshop minutes. 4. Provide responses to comments received at the workshop. TASK 3 QA/QC PLAN Task 3.1 -Develop a QA/QC Plan CONSUL TANT Shall: 1. Develop a QA/QC plan to check, as a minimum, design methods, calculations, drawings, specifications, addenda, cost estimates, field investigations, measurements, and other technical issues associated with the project design. The QA/QC plan shall include provisions for the preparation of drawings, specifications, technical reports, memoranda, meeting summaries, calculations, and estimates. Incorporate procedures to ensure reviews by the CMWD and CMWD of Carlsbad of all project documents, including both print and electronic, are addressed. The QA/QC plan shall be organized into five sections: 1) Organization and Responsibility, 2) Execution and Schedule, 3) Procedural Requirements, 4) Requirements for SUBCONSULTANTs, and 5) Project Quality Management Audits. These sections define requirements and procedures for checking, reviewing, distributing, tracking, and controlling documents for QA/QC. Deliverables: 1. QA/QC Plan. TASK 4 30 PERCENT DESIGN The 30 Percent Complete Design: Continue with preliminary engineering studies in accordance with the approval project design criteria. Prepare key elements of the project drawings and specification, including a preliminary design report, cost estimate and construction schedule. Task 4.1 Design 1. Preliminary Design Analyses: Conduct engineering design studies as part of the design effort to meet requirements of the final design for the Project and to be acceptable to the CMWD. Analyses shall identify compliance with CMWD's standards. Design studies and analyses anticipated at the 30 percent design level shall include, as a minimum, preparation of turbine curves and system head curves, and selection of mechanical 1:1' Carlsbad\Project Management\Scope Carollo • v3.doc 5 equipment (valves, flow meters, etc.}. Coordinate the operation and control of all project facilities with the CMWD's Instrumentation and Control and SCADA system. 2. The preliminary design analyses shall include the following major tasks as a minimum: a. Develop design criteria for final approval of the QNQC team and CMWD. b. Prepare TM on key elements of the design. c. Describe preliminary P&ID and control system to ensure that the proposed control approach meets CMWD's needs and expectations. d. Size and select major equipment (including a preliminary equipment and piping schedule). 3. Determine Project interior and exterior noise levels to help define building construction requirements. Use this information to configure the ventilation system to limit noise impacts to adjacent developments. The CMWD's standard criterion is 60 decibels at the property line. 4. Develop mechanical equipment designs and layouts, including: a. Coordinate with the CMWD in the preparation of P&IDs. b. Develop system head curves. c. Coordinate with other disciplines any revisions from the feasibility analysis. d. Select major equipment and prepare the equipment procurement schedule if recommended by CONSUL TANT with CMWD's concurrence. 5. Develop instrumentation and control systems design, including: a. Develop preliminary P&IDs. b. Prepare preliminary control systems description for each component of the project to complement the P&ID. c. Coordinate with CMWD representative to identify systems unique to the existing CMWD SCADA system. d. Draft the main process piping and instrumentation for the system. e. Show all major equipment for the system. f. Prepare a list of all pipe types expected for different services and conditions with a code to identify each type. 6. Plans and Specifications: Prepare plans for the approval of the CMWD in a sufficient level of detail to define a site plan with required clearances, layouts for the plan and section views, including yard piping outside the PCHF, and if a building or enclosure is recommended, then include drawings showing floor plan, roof plan, sections, and exterior elevations. Prepare and submit the following: a. A complete list of anticipated drawings. b. A complete outline of the construction specifications. c. Revisions to the CMWD's General Provisions (Conditions}. d. Revisions to the CMWD's Standard Specifications if they are applicable to this project. e. A draft of a complete Division 1 of the technical specifications (includes project permits to be obtained by CMWD and the Contractor, QNQC requirements far all elements of work, and a complete list of anticipated submittals }; f. A recommended complete bidding schedule (items and pay quantities}; and g. Recommended measurement and payment requirements far all pay items. 7. Cost Estimate: Prepare a construction cost estimate including consideration of engineering, administration, and construction management. Include contingencies appropriate for a 30 percent level design. 8. Project Schedule: Update the Project schedule, based on the 30 percent design. Document the estimated construction schedule in a TM describing basic schedule assumptions and considerations. Identify the construction "critical path", including any recommended pre-procurement process. 1:11 Carlsbad\Project Management\Scope Carollo -v3.doc 6 9. Develop a preliminary critical path method (CPM) schedule that will be expanded as the project develops. Identify any potential conflicts between procurement activities, long- lead items, completion of construction, testing, and start-up of the facilities. Include a detailed commissioning schedule. External activities related to the design, permitting, parallel construction projects, and water delivery schedules shall be integrated into the preliminary CPM Construction Schedule. 10. Preliminary Design Report(PDR): Prepare a draft report to document the preliminary engineering analyses completed under the 30 percent design for review and comment by the CMWD. Deliverables: 1. Preliminary Design Report. 2. Site Plans, Layout Drawings. 3. Complete list of anticipated drawings. 4. Complete outline of the construction specifications. 5. Preliminary P&ID. 6. Control systems description. 7. Major equipment list. 8. TM on key elements of the design. Task 4.2 -Survey Services CONSULT ANT Shall: 1. Research record maps at CMWD and the County of San Diego. 2. Tie sufficient existing monuments to orient maps of record. 3. Establish NAO 83 horizontal, NGVD 29, vertical project control O based on Carlsbad's control Record of Survey. 4. Field topography of a 400' x 400' site adjacent to Maerkle Reservoir topography will include the existing valve and meter structure, all visible surface utilities, mark out and drainage structures with pipe flow lines and sizes. 5. Prepare base mapping at a scale of 1"=20' with 1' contours in AutoCAD format with an AutoCAD DTM file, property boundaries, parcel number, owners name, address, and phone number. 6. Property boundary calculation, note reduction, record map analysis. 7. Record map. Deliverables: 1. Topographical drawing. 2. Record map. Task 4.3 -Geotechnical Services CONSUL TANT Shall: 1. Reviewing readily available background information such as geologic maps and literature, geologic hazard maps, aerial photographs and topographic maps. 2. Reviewing available data such as geotechnical reports, as-built plans, site plans, utility maps, and other pertinent information provided by the client. 3. Performing a field reconnaissance to observe site conditions and to locate and mark 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 7 proposed exploratory borings. 4. Coordinating and mobilizing for the subsurface exploration. Mark-out of existing underground utilities will be conducted through Underground Service Alert and a private utility locator. It is requested that any available utility maps be provided to CONSUL TANT prior to the start of our fieldwork. 5. Performing a subsurface evaluation to consist of the excavating, logging, and sampling of up to four 8-inch diameter, hollow-stem auger borings to depths up to 20 feet (or refusal). Soil samples will be secured at selected intervals within the borings and will be transported to our laboratory for testing. 6. Laboratory testing of selected samples to evaluate geotechnical design parameters. Laboratory testing may include in-place moisture content and dry density, expansion index, particle gradation (sieve) analysis, shear strength, Atterberg limits, and corrosivity (pH, electrical resistivity, chloride content, and sulfate content). 7. Compilation and analysis of the data obtained. 8. Preparing a geotechnical report to present our conclusions and to provide our geotechnical recommendations for site preparation and earthwork, foundation types and capacities, concrete slabs, CBC seismic design parameters, trench shoring, liquefaction, earth pressures, and soil corrosivity. Deliverables: 1. Geotechnical Report. Task 4.4 -Environmental Assessment CONSUL TANT Shall: CEQA Initial Study Checklist: 1. Prepare a project description that identifies the existing site conditions, proposed project features, the location and duration of construction activities, and discretionary actions and required permits. Provide an electronic version of the project description for review and approval by the City. Site photographs and aerial and site plan figures to support the project description will be produced. 2. Prepare an initial study (IS) for the proposed project that will include the completion of an IS checklist and responses. Identify impacts and possible mitigation measures as required. Explanations regarding the conclusions on the checklist will be based on observation, review of applicable land use and physical characteristics of the project site. Deliverables: 1. Project description. 2. Initial study checklist. Task 4.5 -Corrosion Engineering Services CONSULT ANT Shall: 1. Document Review: Review of site location and preliminary plans and specifications for piping design. 2. Field Soil Resistivity Testing/Stray Current Analysis: Measure soil resistivity using the Wenner Four Electrode Method at the project site and evaluate possible stray current conditions. 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 8 3. Soil Analysis: Test 6 soil samples provided by the project geotechnical engineers for as- received and saturated resistivities. The soil sample will be tested for as-received and minimum electrical resistivity. If the minimum resistivity is found to be less than 1,000 ohm-cm, the soil sample will be forwarded to a laboratory for chemical analysis of chlorides, sulfates, pH, and bi-carbonates. 4. Letter Report: Prepare a letter report with the results of the soil resistivity testing and chemical analysis. The degree of corrosivity of the soil will be discussed with respect to ductile iron, steel, and concrete pipes. Recommendations will be made for corrosion control for each of the proposed pipe material options. Deliverables: 1. Letter Report. Task 4.6 -Workshop Under this task, CONSULT ANT shall conduct a half-day workshop and present drafts to CMWD of the deliverables in this task. Prepare responses to comments within two weeks of the workshop. CONSULT ANT Shall: 1. Attend one (1) workshop with CMWD at CMWD's offices. 2. Prepare a workshop agenda. 3. Issue workshop minutes. 4. Provide responses to comments received at the workshop. TASK 5 60 PERCENT DESIGN CONSULTANT SHALL PREPARE 60 PERCENT DESIGN DOCUMENTS FOR THE PCHF AS DETERMINED IN TASK 2 CONSUL TANT Shall: 1. Prepare 60 percent design submittal package. The 60 percent drawings will include sufficient dimensions and description of the selected components to illustrate how the concepts developed in Task 4 will be implemented. The level of detail shall include such items as facility siting, facility dimensions, equipment locations and relative size, piping and other appurtenance locations, and proposed process and system control diagrams. a. Specifications will include an outline of proposed construction sequencing and constraints; general criteria, installation requirements and testing procedures for major equipment; and listing of proposed bid item breakdown. This task is based on assumption that CONSULT ANT'S standard format for plans, technical specifications, and general provisions are utilized. General provisions include the bidding requirements, contract forms, conditions of contract, and general requirements. b. Structural calculations shall be provided per CMWD building division permit requirements. c. Load calculations shall be provided per electrical utility requirements, if required. d. Incorporation of and documentation regarding energy efficiency element as defined by the CMWD. This effort will include a Title 24 Compliance Report for building envelope, mechanical, and lighting systems, if required. e. Maintenance access plans with confined space protocol if required. 1:1' Carlsbad\Project Management\Scope Carollo -v3.doc 9 f. The 60 percent submittal package will also include the following: a) Typical details. b) Site plans. c) Piping and instrumentation diagrams. d) Piping layout drawings. e) Architectural building elevations and floor plan (if applicable). f) Equipment layouts for all major equipment. g) Electrical single line drawings. h) Control descriptions. i) Control system architecture block diagrams (SCADA). j) Equipment data sheets for all major equipment. k) Instrument lists. I) Drawing list. m) Specification table of contents. n) General provisions specifications. o) Specification sections for major equipment. p) Updated general provisions. q) List of specific items requiring CMWD decision. r) Updated project cost estimate. 2. Final Design Report (FDR): Prepare a FDR that addresses all project issues and comments generated by the CMWD. Summarize all engineering evaluations, the overall project design, construction considerations, the overall QNQC program, the construction schedule, O&M considerations, and any other information deemed relevant by Consultant to support reviews and approval by CMWD. Include all final supporting reports, calculations (with respective documentation and check sheets), figures, tables, and other data in the report. 3. Conduct a 60 percent complete design workshop with CMWD staff to review the design submittal and collect initial comments and requested changes. Deliverables: 1. Final Design Report 2. Five half-size copies of the 60 percent drawings. 3. Sixty percent design cost estimate. 4. Five copies of the 60 percent specifications. 5. Structural calculations. TASK 6 PRE-PURCHASE DESIGN AND BIDDING The purpose of this task is to assist the owner in soliciting and evaluating bids for the prepurchase of hydroelectrical generating equipment. CONSUL TANT Shall: 1. Prepare two draft and final pre-purchase packages consisting of specifications and schematics (as needed). 2. Participate in a design review meeting at CMWD offices to discuss the final pre-purchase design packages. 3. Respond to technical questions received from suppliers during the bid period. 4. Prepare technical bid addenda as required. · 5. Assist the CMWD in evaluating bids for the pre-purchase contracts. Deliverables 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 10 1. Draft prepurchase package delivered in hard copy format consisting of 8.5 by 11-inch bound specifications and schematics (5 copies). 2. Final prepurchase package incorporating comments from the CMWD from the draft package delivered in hard copy format consisting of 8.5x11 bound specifications and schematics (5 copies) as well as 8.5 by 11-inch loose specifications and schematics (1 copy) for the OWNER to use for final reproduction of bid sets. The Final prepurchase package will also include these files in electronic format consisting of a CD with PDFs of all drawings and specifications. 3. Final design review meeting. 4. Technical bid addenda as required. TASK 7 90 PERCENT DESIGN CONSULTANT SHALL PREPARE 90 PERCENT DESIGN DOCUMENTS BASED THE TASK 5 DOCUMENTS AND COMMENTS RECEIVED FROM THE CMWD CONSUL TANT Shall: 1. Prepare 90 percent design submittal package. The 90 percent submittal package will address all the CMWD's comments on the 60 percent submittal package as well as the comments resulting from the CONSULT ANT'S internal quality management program. This submittal will represent a near-biddable set of construction documents. The purpose of this submittal is to allow the CMWD a final opportunity for comments. This submittal will include the following: a. Completed Specifications. b. Specifications showing that the PCHF is designed to meet or exceed requirements of the CMWD's noise ordinance. c. A construction schedule and phasing plan to minimize downtime of the existing facilities and impacts to CMWD operations. d. Grading, drainage, and erosion control plans per CMWD grading and drainage requirements. This effort does not include the Storm Water Pollution Prevention Plan, which will be provided by successful contractor per the requirements of the general provisions. e. Construction staging and haul route plan as approved by CMWD staff. 2. Update the hydrodynamic analysis based on turbine vendor data and final facility configuration. 3. Final Design Report (FDR): Update the FDR that addresses all project issues and comments generated by the CMWD 4. Conduct a 90 percent complete design workshop with CMWD staff to review the design submittal and collect initial comments and requested changes. 5. Prepare a Final Bid Package. The Final Bid Package will address the final comments made by the CMWD's review team as well as the CONSULTANT'S review team. Deliverables: 1. Final Design Report 2. Five half-size copies of the 90 percent drawings. 3. Ninety percent design cost estimate. 4. Five copies of the 90 percent specifications. 5. Ninety percent design project schedule. TASK 8 FINAL DESIGN ADDRESS 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 11 Incorporate all review comments on the 90 percent design from the CMWD and prepare the final design documents in print ready and electronic file format for bidding of the Project. CONSUL TANT Shall: 1. Construction Drawings and Specifications: Prepare a complete set of construction drawings and specifications to construct the Project. Incorporate all comments from the CMWD on the 90 percent submittal. Construction drawings and specifications shall conform to the CMWD requirements. 2. Specifications: Prepare specifications in 8-1/2 by 11-inch camera-ready format. 3. Final Design Report: Prepare a Final Design Report that addresses all comments and issues on the Draft Final Design Report. Summarize in this report all engineering evaluations, the overall project design, construction considerations, the overall QA/QC program for project construction, the construction schedule and related considerations, O&M considerations 4. Estimate: Prepare a construction cost estimate for the Project consideration of engineering, administration, and construction management. Include contingencies appropriate for a final design. 5. Construction Schedule: Update the CPM construction schedule prepared incorporate changes between 90 percent and final design. 6. Equipment Operation, Procedures and Maintenance Standards (O&M Manuals): Update based on comments received and input from CMWD's O&M personnel. Deliverables: 1. One full size 24 by 36-inch Mylar, and 1 electronic copy of the construction drawings. 2. One set of camera ready and 1 electronic copy of the final specification. 3. Final Design Report. 4. Project Estimate. 5. Project Schedule. 6. O&M Manuals. TASK 9 REQUEST CONSTRUCTION BIDS CONSUL TANT shall support the CMWD during the bid period and during contract award. CONSULT ANT Shall: 1. Bidding Services: Provide bid services beginning immediately upon final review and approval of construction contract documents by CMWD. Bid phase services will end upon the award of the construction contracts. 2. Pre-Bid Meeting: Attend pre-bid meeting. Respond to questions as directed by CMWD, and take notes on any questions that arise in order to assist CMWD in addenda prep a ration. 3. Addenda: Respond to technical questions relating to the preparation of addenda. TASK 10CONSTRUCTION SUPPORT SERVICES This Task 10 covers the construction support services including the combined CONSULT ANT office engineering, construction management, and start-up services. I:\! Carlsbad\Project Management\Scope Carollo -v3.doc 12 CONSULT ANT Shall: 1. Construction Support Services: However, CONSULT ANT will be on call during construction to assist the third party construction management to evaluate and help resolve onsite design and other technical issues. 2. Construction Quality Assurance Services: Review CMWD's construction quality control and Quality Assurance plan for each construction contract and provide written comments, revisions, and recommendations within five working days after receipt of authorization of service. Assist CMWD, when requested, in performing quality assurance of specialty construction work for the project after receipt of authorization of service. Submit written reports of field quality assurances completed within three working days of the event. 3. Equipment Source Quality Assurance Services: Review source shop Quality Assurance plan(s) and prepare a program for monitoring the manufacturer's QNQC plan for the pre-procurement of equipment. Assist CMWD in performing source Quality Control and tests of equipment to be supplied for the project within three working days or as mutually agreed after receipt of authorization of service (assumed three 1-day trips). Quality Control may include: a. Factory Hydrostatic Pressure and Leakage Tests: Prior to application of coatings, check that all parts of the turbine and the spiral case are tested for a period of 60 minutes under a hydrostatic pressure not less than twice operating pressure without leakage b. Factory Nondestructive Testing: Check that all critical areas of the turbine runners, wicket gates and stay ring castings are ultrasonically tested and any defective areas are radio graphically inspected. c. Factory Performance Witness Test: Prior to performance test, check the test procedure, check all instruments for calibration, and check the computer program used to calculate points in the performance curve. During the performance test, use a hydrophone to detect any sign of cavitation caused by improper casing and runner design and check the pressure pulsations at turbine discharge in the spiral case and draft tube to ensure that their amplitudes are small enough not to cause resonance problems in the downstream pipes. After the performance test, check all data points as they are plotted into the performance curves and compare those with the performance guarantees. Check to ensure that the flow rate change through the turbine at runaway speed and fixed wicket gate settings will not exceed the limits specified and required in the turbine design. d. Submit written reports of shop Quality Control completed within three working days of the event. 4. Shop Drawing and Submittal Review: Prepare a listing of critical shop drawings for review and coordination with CMWD and the CM consultant prior to issuance of the Notice to Proceed to the contractor. 5. Review selected contractor shop drawings and submittals, as requested by CMWD, and provide written response to CMWD "Or Equal" product substitution evaluations are included in this task. (Assume 12 initial submittals and 6 resubmittal) 6. Provide clarifications on submittal review questions identifying discrepancies in the construction drawings and specifications, and the intent of the specifications. Provide written response to CMWD within three working days or as mutually agreed after receipt of request (assume 3 clarifications). 7. Construction Drawing and Specification interpretation: Provide written clarifications and interpretation of design criteria, or design intent, in response to contractor's Request for Information RFI (Assume 25 RFI). 8. Change and Change Order Services: Provide field assistance and attend site construction meetings, as requested by CMWD. (Assume six 4 hours meetings) 1:\1 Carlsbad\Project Management\Scope Carollo -v3.doc 13 9. Assist CMWD in evaluation of Contractor initiated solutions to resolve field constructability issues. Provide written comments and recommendations (assume 5 evaluations) 10. Review CMWD initiated change order requests based upon proposed design modifications. Provide written comments and recommendations. Prepare plans, specifications, and cost estimates for approved major design modifications. (Assume 5 evaluations). 11. Review Contractor-initiated requests for change orders based on design elements in the construction drawings and specifications and provides written recommendations on the merit of the change order request. Prepare plans, specifications, and cost estimates for approved major design modifications. (Assume 2 evaluations, preparation of plans and specification to be under Extended Services). 12. Record Drawings: Coordinate with CM consultants so that the CM consultants maintain an up-to-date set of record drawings at the site at all times during construction. Upon completion of the work, the CM consultants will then prepare a set of record drawings describing the completed work. 13. Operation/Start-Up: Upon completion of the work, conduct operator training sessions for PCHF facilities, provide input to CMWD's start-up plan as it is developed, and observe start-up. Assist CMWD in all guarantee/warranty disputes (assume two 1-day training). 14. Equipment Operating Procedures and Turbine Maintenance Standards (O&M Manuals): Review the Contractor's and manufacturer's equipment O&M Manuals, once fully completed and reviewed by the CMWD, compare it with the PCHF Maintenance Standards portion of the CONSUL TANT's O&M Manuals for contradictions, inconsistencies, and unnecessary duplications. Deliverables: 1. One report of shop Quality Control inspections. 2. One list of critical shop drawings. 3. Written clarifications on submittal review questions (3 total). 4. RFI responses (25 total). 5. Submittal review comments ( 18 total). 6. Provide design clarifications (5 total). 7. Evaluation of contractor initiated requests for change orders (2 total). 8. O&M Manuals. TASK 11EXTENDED SERVICES Provide other miscellaneous specialty services as required. CONSUL TANT shall provide miscellaneous services which may be required during the course of the project. All services shall be provided by CONSUL TANT and the SUBCONSUL TANTs on the project team. If the project team does not have such capable and qualified persons on staff to perform these miscellaneous services, additional SUBCONSUL TANTs may be provided under direct contract to CONSULTANT. Extended services include additional services not specifically defined above. CONSUL TANT shall not provide extended services unless specifically authorized by the CMWD in writing. I:\! Carlsbad\Project Management\Scope Carollo -v3.doc 14 carsollo Engineers ... Working Wonders With Water"" CERTIFICATION This is to certify that the undersigned, Michael W. Barnes, as General Counsel and Attorney-in-Fact for Carollo Engineers, P.C., is authorized to state and certify: That Carollo Engineers, P.C. is a Professional Corporation qualified to do business in the State of Calfornia; That by corporate resolution 02-5 all Shareholders of Carollo Engineers, P .C. are authorized to execute engineering service agreements for the usual and customary engineering business of the company; That in furtherance of this certification for purposes of executing contracts relating to the firm's usual and customary business, Sarwan Wason and Doug Lanning are Shareholders of Carollo Engineers, P.C. Dated: August 31. 2009 Mic ael W. Barnes General Counsel SHAREHOLDER RESOLUTION NO. 02-5 BE IT RESOLVED that in furtherance of the Bylaws, and not in contradiction thereof, all shareholders are empowered as if officers of the corporation to execute contracts for the customary practice of consulting engineering, government authorizations and approvals for business purposes. R:\RMO\SCorp\Resolutions\Resolutions02-03\02-5.doc 1