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Dudek; 2012-11-28; CA910
PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.7 PROJECT NO. 5533 CA910 ~venth Project Task Description . and Fee Allotment, is entered into on v /:7-· " J -··· /1 . ..-.~A· ~ , pursuant to an Agreement between Dudek, Ca if nia corporaf1on, ("Contra tor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 15, 2014 ("proposal"), attached as Appendix "A" for the Simsbury Sewer Extension, (the "Project"). The Project services shall include the design of a gravity sewer pipeline. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 27, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $27,200. City Attorney Approved Version 1/30/13 CA910 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN SERVICES [?::>,',,,;:>,' 'i:'>,',:: >>: ,,, , TA:S~ GJ~@(fjp,' .,, •• ,,,,,,,,,,, '' ,, :t::':::::,:,':':,;,, 'c ',,,,,,, ,, ,'lt:JMPSt:JIVJ J=?E:E'? :i 1. Project Management $2,400 2. Field Reconnaissance, Data Collection, Research $6,000 3. Survey and Mapping $5,000 4. 30% Design $2,800 5. Construction Drawings $11,000 6. Misc. Direct Costs $500 TOTAL (Not-to-Exceed) $27,200 Executed by Contractor this :S\ ~4-day of __ 'A....._,..::'V::.,:S""~\,):=..o.S.,_t....~--_____ , 2015. CONTRACTOR DUDEK, a California corporation (name of Contractor) (sign here) Frank Dudek I President (print name/title) June Collins DUDEK, a California corporation By: If Contractor i~CUtr+WVI~@tpre§iBefit>cument must be signed by one individual from each column: Dudek Column A Chairman, President or Vice-President Column 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. CITY OF SBAD, a municipal corporation of the State of California By: Date: _q!-f.--j-.:..-"------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorne ' 2 City Attorney Approved Version 1/30/13 DUDE I< August 13, 20 IS Mr. Mark Biskup City of Carlsbad MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450. 1818 F 760.632.0164 1635 Faraday Avenue Carlsbad, California 92008 Appendix "A" Subject: Engineering Services Proposal, Simsbury Lift Station Abandonment, City of Carlsbad, California Dear Mr. Biskup: Dudek is pleased to submit this proposal for the design of a gravity pipeline that will enable abandonment of the City of Carlsbad Simsbury Lift Station (LS). Dudek assisted with the completion of the alternative alignment study for this project in March 20 15. The selected alternative (Alternative I) includes the construction of approximately 580 feet of new gravity pipe from the existing MH upstream of the Simsbury Pump station around the western end of the subdivision to a point that intersects with a new pipeline extension under the roadway, installed by the adjacent developer of the Quarry Creek project. Scope of Work Task 1: Project Management Successful project management of the design process is essential to ensure quality workmanship within the scheduled allotment of time and in strict accordance with the scope of work. Strong lines of communication between Dudek and the City will be established early in the project and be maintained throughout completion. The kick-off meeting and progress meetings (2) will be held both internally for quality control and externally with City staff to discuss work accomplished, upcoming events, design clarifications, transmission of design critical information, and monitoring of work progress relative to the schedule. Progress reports will be prepared monthly and submitted with the monthly invoice. Estimated Cost for Task / ........................................................................................ $2,400.00 Task 2: Field Reconnaissance, Data Collection, and Utility Research The project is confined to a residential cul-de-sac with very low traffic. As part of the project development, Dudek reviewed the record drawings for construction of the subdivision. All work is expected to be conducted within the public road right of way. Therefore no new easements are anticipated. WWW.DUDEK.COM Mr. Mark Biskup Re: Engineering Services Proposal, Simsbury Lift Station Abandonment and Sewer Extension, City of Carlsbad, California Record drawing information includes existing subsurface utility information. Simsbury Court was constructed in 1985 and included the existing sewer lift station. In 1988, the completion of Simsbury Count was constructed. Only water, sewer and storm drain pipe subsurface infrastructure appears to be within the road right of way. Dudek will provide utility research letters to USA member utilities for identification of other potential utilities within the area of work. Dudek will coordinate with utility owners to facilitate potholing of existing utilities within the path of the pipeline alignment. We anticipate up to three may be advised. The exact elevation of the Quarry Creek pipe extension under Simsbury Court is recommended to be verified during final design. A budget of $3,000 is included as needed for City approved and designated potholing. Estimated Cost for Task 2 ........................................................................................ $6,000.00 Task 3: Surveying and Mapping Dudek will use Right-of-Way Engineering Services (ROW), subconsultant, for surveying. Existing records of survey and horizontal/vertical control points will be researched. All surveys will be tied in horizontally and vertically into the City of Carlsbad monumentation to orient maps of record. A conventional field topographic point survey will be used to supplement record drawing base maps and locate key points within the project area. All work is projected to be complete within the road right of way. A portion of the existing roadway is within a dedicated road easement. We are assuming at this time that the rights of the easement allow for installation of new utilities and no new easement documentation is necessary. Estimated Cost for Task 3 ........................................................................................ $5,000.00 Task 4: 30% Design Dudek will prepare 30% construction plans using ex1stmg record drawings as a base supplemented with field tope survey points. The 30% design plans will be prepared, including delineated public right of way, topographic information and existing utilities, and horizontal pipe alignment. Five copies of the 30% construction plans (I I "x 17") will be submitted. Estimated Cost for Task 4 ........................................................................................ $2,800.00 Task 5: Construction Drawings Once the City has had an opportunity to review the 30% construction plans, a meeting will be held between Dudek and the City to discuss comments and coordinate the final design. Dudek will then proceed with preparation of the final construction drawings. Lift station abandonment E 2 August 2015 Mr. Mark Biskup Re: Engineering Services Proposal, Simsbury Lift Station Abandonment and Sewer Extension, City of Carlsbad, California details will be consistent with past projects including utilizing as-built record drawings as a background for detailing the demolition. Benchmark description and basis of bearing for project control will be shown on the drawings. Three (3) submittals will be made during the design process. • 90% PS&E submittal package will include title sheet, construction notes, both horizontal and vertical alignments, and partial details. Two (2) sets will be submitted (D-Size). • I 00% PS&E submittal package will incorporate comments from 90% submittal and all remaining details. Two (2) sets will be submitted (D-Size). • Final submittal will incorporate comments from I 00% submittal. Final PS&E package will be signed and stamped by the engineer of record and be suitable for advertising, including plan sheets on mylar and digitally in latest AutoCAD format. One (I) mylar set of plans, one hard copy of the technical specifications, bid sheet and construction cost estimate, and electronic copy (via email) of each item will be submitted. Dudek will prepare construction cost estimates and contract technical specifications in Construction Specification Institute (CSI) format to supplement the City's Standard Specifications as well as prepare the bid proposal table utilizing quantity take-offs from the plans. The complete package assembled by the City will include bid proposal, contract agreement, insurance and bid schedules, the contract drawings and detailed technical specifications, bond forms, general provisions, special provisions and standard specifications. Two (2) copies of the specifications will be submitted with the 90%, I 00% and final submittals. Dudek will prepare a detailed construction cost estimate for each item of work and submit the estimate with the 90%, I 00%, and final submittal packages. Estimated Cost for Task 5 ...................................................................................... $11,000.00 Project Schedule The following lists anticipated project milestones. Notice to Proceed Submittal of 30% review package Submittal of 90% review package Submittal of I 00% review package Submittal of final design package Cost Summary August 24th 20 15 September 21, 20 15 October 19, 20 15 November 5, 2015 November 20, 2015 Dudek will complete the scope of work, including Tasks I thru 5 described above, on a time and materials basis. All work will be billed in accordance with our 20 15 Standard Schedule of IE 3 August 2015 Mr. Mark Biskup Re: Engineering Services Proposal, Simsbury Lift Station Abandonment and Sewer Extension, City of Carlsbad, California Charges,. Direct costs include travel, reproduction costs, and mailing costs. Direct costs are estimated to not exceed $500.00 All work will be billed on a time and materials basis with a not-to-exceed value of $27,200 without prior approval, including labor and reimbursable direct costs. Please do not hesitate to contact me with any questions or concerns that you may have regarding the context of this proposal at 760.479.4107 or rbergholz@dudek.com. Sincerely, 7?~ Russ Bergholz P. . Senior Project Manager Dudek 4 August2015 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 5517 CA910 This sixth Project Task Description and Fee Allotment, is entered into on J u r ~o S , pursuant to an Agreement between Dudek, a California corpo ation, "Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 15, 2014 ("proposal"), attached as Appendix "A" for the North Batiquitos Lift Station Pump Replacement, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty (250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached , prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $39,180. City Attorney Approved Version 1/30/13 CA910 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN SERVICES TASK GROUP LUMP SUM FEE 1. Project Management $3,300 2. Bid Phase RFI & Review, Pre-Con Meeting $1 ,950 3. Prepare Conformed Set of Plans and Specs $7 ,245 4. Site Visits Through Construction $4,520 5. Shop Drawing Review $7,400 6. Review and Respond to RFI Construction $1,780 7. Review Materials Testing and Testing Coordination $1 ,780 8. Prepare Final Record Drawings $2,005 9. Electrical and Structural Engineering Support $9,200 TOTAL (Not-to-Exceed) $39,180 Executed by Contractor this ____ day of-------------' 20 . CONTRACTOR DUDEK, a California corporation DUDEK, a California corporation s1gn here) Frank Dudek I President (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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 . CITY C(f«.A~LSBAD , a municipal corporation of the State of California By_: ~ Date:-----'--"'\~ ........ " ~-=-1-+-') )--~.Lf ___ _ .fer City Manager .QF Direeter Kathryn B. Dodson APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2 City Attorney Approved Version 1/30/13 DUDEK December 15, 20 14 Mr. Mark Biskup City of Carlsbad 1635 Faraday 31878 CAMINO CAPISTRANO, SUITE 200 SAN JUAN CAPISTRANO, CALIFORNIA 92675 T 949.4S0.2S25 F 949.450.2626 Carlsbad, California 92008 Appendix "A" 7585 Subject: Proposal to Provide Engineering Assistance During Bidding and Construction of the North Batiquitos Lift Station Pump Replacement Project #SS 17 Dear Mark, Thank you for requesting Dudek to provide this letter proposal for assistance during bidding and construction for the North Batiquitos Lift Station Pump Replacement Project #5517 (Project). Plans and specs were provided to the City on September 5, 2014 for bid advertising. Bids were opened on November 13,2014. We understand that the City rejected the lowest bid due to inadequate sewer bypass experience and awarded the contract to Cora Constructors for $622,845. The Engineer's estimate of bid was $616,000 plus or minus I 0%. Scope ofWork The numbered scope-of-work descriptions below have matching task numbers in the fee proposal provided. The task and total fees proposed are an estimate of the level of work anticipated for this project. I. The Dudek project manager will coordinate the services of our engineering staff, track the budget and schedule, and prepare invoices and progress reports throughout the duration of the construction phase of the Project. 2. Respond to questions prior to bid. Complete bidder review after bid opening with information provided to the City. Attend pre-construction meeting. Agenda and minutes are not included for the pre- construction meeting, as that meeting will be conducted by the City or construction manager. 3. Prepare conformed plans and specs for final construction to match updated bid requirements. 4. Make site visits as-needed and as requested by the City/Construction Manager anticipated for: I) wet well inspection after demo and prior to coating; 2) after mechanical demo and prior to pump installation; 3) after pump installation and prior to final crane dimensional approval; 4) after crane installation; 5) for pump startup and operational testing; and 6) and 7) as requested. Site visit meeting minutes will be provided following each site visit. 5. Review shop drawing submittals from the Contractor for compliance with the Project contract documents and provide written responses within one week of receipt. An initial cursory review will be made on the first submittal and it will be returned within 2 days of receipt without review, if not substantially complete. A budget is recommended for submittal review of up to two resubmittals to final approval. Review of resubmittals beyond the first two will require additional budget, which should be reimbursed by the Contractor per the bid documents. The City/Construction Manager will prepare and maintain a summary submittal log. 6. Review and response for up to I 0 Requests-For-Information (RFI's). These are to be utilized at the City's discretion. The City/Construction Manager will prepare and maintain a RFI log. RFI's could WWW.DUDEK.COM Mr. Mark Biskup Proposal for Engineering Services During Construaion for the NBLS Pump Replacement include requests for equipment or materials substitutions, such as for linings and coatings within the wet well or for pump selections, etc. 7. Review Materials Testing Results: Review performance test results of linings, coatings, pump performance, crane and hoist performance, valve operation and performance, etc. Provide recommendations for acceptance, rejection/mitigation, and/or credit to the City. 8. Prepare as-built/record drawings that reflect the contractor and construction manager recorded as- constructed changes to the plans and submit those record drawings to the City. Red-line markups will be provided to Dudek by the Contractor and/or Construction Manager. It is anticipated that the as- built/record drawings will be submitted no later than one month after the Notice of Completion has been issued to the Contractor. 9. Provide electrical engineering support for the above tasks by Moraes Pham and structural engineering support for the above tasks by R2H Engineering. The proposed fee for the above services is $39,180, as shown below. Exhibit A is attached and shows the 20 12 Master Agreement Standard Schedule of Charges. Although not anticipated, if the effort required is greater than estimated and proposed, Dudek may request approval from the City for a change of authorized fee. Thank you for consideration of approval for the above proposed scope and fee for construction assistance on the NBLS Project. Please contact me, Steve Deering at 760.479.410 I or sdeering@dudek.com if you have any questions regarding this proposal. Sincerely, DUDEK Steve Deering, PE, Principle and Project Manager DUDEK City of Carlsbad North Batiquitos Lift Station Pump Replacement EXHIBIT A -DUDEK FEE ESTIMATE 2012 Standard Schedule of Charges -Exhibit A per Master Agreement with Cartsb..:f 12/12/2014 2 December 15, 20 14 EXHIBIT A 5 R ATE SCHEDULE Dudek has reviewed the City's standard professional services agreement and agrees to all the terms including fixed rates for the three (3) year tenn and subconsultants markup not greater than 10%. DUDEK 2012 STANDARD SCHEDULE OF CHARGES i:HOIHEERINO SERVICES P1ojKt DireciDr ..•..•..•..••..••............•............. S235.0Mir Princ:ipal Enalnew 11 ................................ 5220.00/hr Pmc:lpal fng"-rll .................................... $205.00/hr Princ:ipal ~ 1 ................................. $195.00/hr PI'OQI'Im ~ ....................................... 5200.00/hr Senior Pmject Manager ............................... $185.00/hr Project MlnaQer ......................................... S175.0Mir Senior E~r Ul ...................................... $185.00/hr Serior Engineer II ...................................... S180.00Jhr senior &llir-r I ........................................ $150.00/hr PIOject Engi-IVITedlnician IV-· ......... .$140.00/hr Project&.-11/Tec:lmician 111.. .............. $130.0Mir Project Eilgi,_. IITedlnician 11....-........... $120.000. Project~ Vl'«hniGian I .................. .$105.00/hr Project Co«dinaaor ..................................... $85.000. Eng~ Assillant... ........................... $75.00/hr EHVIROHIIENTA1. SEltiiiCES Princfpal ..................................................... $225.00/hr Senior Project Manliger1Specia11st 11 ........... $210.00/hr Senior Project Man8ger~ist 1 ........... $200.00/ln Erwironmenlal ~nerVI .•........ $180.00/hr Ell'lilonmenllll ~nerV ........... .S180.0Mlr Etwiron.-at SpecialisiiPianeriV .......... $150.00/hr EnvironiiWIIIIIII $11Cialilllf'lwlneriU ............ S140.001hr Environmental Specill~ner U ............. $1SO.OO/I1r Environmental SpeciallsiiAanner 1. ............. $120.00/hr Analyst ....................................................... $1 OO.OOihr Planning Resewdl Assiltant ....................... S80.001hr Co~STAL PlANIIINGIPOLICY SERVICES se..,. Pftllect MlniiQer.CO.Itill Planner 1 ..... 5200.001hr Envllonmlrlllll Spedl~ Pllnner Vl .. $190.001hr EmionrnerDI Spec:lllllt.CoMbll Pllmtr V ... $170.00/hr EI'Niroiii!MHIIIII Spedl~ Pllnner IV • .$180.00/hr ErMionmerD!SpedllllllContal P1uvw1 lh .. S150.001hr EnvlrtlnmanlaiSpediiiiUCollllal Pla111111111 ... .$140.001hr Erwlrvnmenlal Spllc*lliltiCollltill Pla111111r 1 ..... $130.00/llf ARCHAEOLOGICAL SEIMCES Senior PlojKt MllnaJierfArdlaeologllt 11 ..... $210.00/hr Serior Praject Menager/Aichnalogilt 1... ... $200.00/hr Envilannwltlll ~ArciiMologilt VI S180.00'hr Erwi~Spec:idllrf~ v ... stoo.OOihr Envinlnmlnt.l Speciabtl~ IV .. $150.0Mir ~tal Spec;.llsttArd!Mologilt lll .. $140.001hr Environment..! SpeeiallstiArchMologllt II ... S130.001hr ErwiiOI'lllllll1tal Speciatiltf.AtdiMologllt I .... S120.001hr A~ Technician II ........................... S70.001hr Aldluologilt T edlnician I ........................... $50.001hr CotiSTRUCliON MAIIAOEIIENT SERVICES f'rinctp.IIMIIIqef ....................................... $1115.001hr Senior Conlltrudicn Marlager ................... $180.<n'hr Se'*lr PfOjec;t Mllnager ............................... $1110.00/hr Conllructicln M~ ................................. S150.001N PICijlot Mlnag« .......................................... S140.001hr Rnident E:ft8ineer ..................................... S140.001hr ConAuctionEngineer ................................. S135.001N On·MI Ownet'sRepreseniUve ................. S130.01Wb' Conllfrul:tiDn llllf**lr 1M ....... ........ .. ...... $125.001hr Coll*uolion lnlf*lWII .-......................... S11S.OOb Con*uction lnspecknl ......................... S105.001hr f'nwailing 'Nagelnspeclllf ........................ S135.001hr DUDEK HYDROG!OLO~CALSERVICES Prinl:ipel ........................................................ 5220.00/hr Sr. EMonmental Engi-........................... S190.ooJhr Sr. HydrogeologisltSr. Prcj Nlgr ...................... $170.00/hr Pnlject MllniiOif ............................................. $155.001hr Atlloc:ialit HydrogealogiltAE~ ............... $1-40.00/hr Hydrogeologilt IV/EngNif IV ....................... $125.00/hr HydrogiC)Iogilt 111/E:nginMr 111 ........................ $115.00/hr ~ 11/Engl-......................... $105.00/hr Hydrogeologlst 1/Eftgineer 1.. .......................... $95.00/hr Tecllnlciln ....................................................... sgs,OOihr DISTRICT MANAGEMENT & OPERATIONS ~Gen_nMa~ ............................... $175.00/hr Dillric:tengw-............................................ $1110.0Qihr Operations Mlm8ger ................................... $150.0Qihr Dillric:t SeeletalyiAccountllnt .......................... $85.0Qihr Colec:tiona System Manager.. .. .. .. ........... UIS.OOihr Gllldl V Operator........ .....• ......... .. ............ $100.001hr Grade IV ()peqtor ...................................... $85.00/hr Grade Ill Openlllcr ......................................... $80.00/hr Grade II Ope181or ............................................. $63.00/hr Grade I Operator ............................................. $55.00/hr Operator In Trailing ........................................ S40.001hr Cohdlon Mlllntenane. 'Wllker II .................... S55.00/hr Coledion Ml!nleMnee v.bll<er I ..................... $40.00/hr O,FIC! SlltVIti!S TechnioaiiDnlltingiCADD S«vlaee 30Gnlphio Arlitt .......................................... $150.00/hr Senior OesPr ......................................... $135.001hr Oesig-.......................... ... .. ................... $125.001hr AIIIICIInt o.ignel ......................................... $120.00/hr GIS Spedlllilt IV ............................................ $150.00/hr GIS Spec:iailt 111... .......................................... S1-40.001hr GIS Spedallt 11 .............................................. $130.00/hr GIS Spec:laiS 1 ............................................... S120.001hr CAOO Opelator 111 ........................................ $115.001hr CADO Opetlitor 11 ........................................... $110.001hr CADO Opellltor I ....................................... SGS.OOitv CADO Dnlflllr ................................................... S85.001hr CADO Tedlnk:ian ............................................. $7S.OOihr SUPPOIIT Se!MCES T cllniclll EdiiDr In .......................................... $1~.0CIIhr T ecllnical EdiDr 11 ........................................... $125.00/hr Technical Edilor ! ............................................ $110.001hr Publlc:8tlons #lssllanlll ............................... StOO.O!Whr Publications~ II ................................. S90.01Whr Pvlllic:ldions AIIIIDit 1....... .............. .. ........... sao.OOihr Cllrical Ad~ .................................. $80.00/hr Clerical Adni"*-llon !... ................................. 575.00/hr ethciM JarAJtrY 1, 2012 DUDEK Master Agreement Consulting Services -Waste Water Engineering 18 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.5 PROJECT NO. 5533 CA910 Description_ and Fee Allotment, is entered into on ---:;rf-T:~"-:"'-LL<""-<t::T"'":":------==~:::>'->:7'"-~7'-::?'A:"-----:---:-:----::-:-' pursuant to an Agreement between Dudek, a alifornia corporation, (" o ractor" and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 16, 2014, ("proposal"), attached as Appendix "A" for the Simsbury Sewer Extension, (the "Project"). The Project services shall include engineering support for the construction phase of this project as described in Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $20,000. City Attomey Approved Version 1/30/13 CA910 TABLE 1 FEE ALLOTMENT SIMSBURY LIFT STATION ABANDONMENT AND PIPELINE ALIGNMENT TASK GROUP LUMP SUM FEE Alignment Alternatives Evaluation $20,000.00 TOTAL (Not-to-Exceed) $20,000.00 Executed by Contractor this ZA tlc...day of __ _JQ~~CewTi.~....~oboL6li..Uoo~.:::..lL..----' 2014. CONTRACTOR DUDEK, a California corporation By: Dudek Frank Dudek (print name/title) President DUDEK, a California corporation (name of Contractor) ~ (sign hEU"e} 11 Juneliol ns Secretary (print n~tlle) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By:~ atr:O~ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ Assistant 1 orney City Attorney Approved Version 1/30/13 2 DUDEK October 2, 2014 Mr. Mark Biskup City of Carlsbad MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760 942.5147 T 800 4501818 F 760 632 0164 1635 Faraday Avenue Carlsbad, California 92008 Appendix "A" Subject: Simsbury Lift Station Abandonment and Pipeline Alignment Study Dear Mark: Thank you for meeting September 23rd to discuss the City's plan for future abandonment of the Simsbury Lift Station following completion of the Quarry Creek development project. The purpose of this letter is to offer engineering assistance with evaluation of the gravity pipeline extension just upstream of the Simsbury Lift Station to the designated tie-in point provided by the future Quarry Creek development project, just north of the lift station. RELATED BACKGROUND INFORMATION The Quarry Creek development project is currently in the design phase. As part of the required infrastructure improvements, the project will include a gravity sewer collection network within the development. The City has negotiated the developer include a short extension of sewer pipeline south and up the existing bluff to a manhole in Simsbury Court. The existing Simsbury Lift Station is located on the opposite side of Simsbury Court. Therefore an extension is necessary to connect the existing Simsbury Lift Station sewer drainage basin to the proposed Quarry Creek connection. Once gravity flow has been diverted from the existing Simsbury LS drainage basin to Quarry Creek, the Simsbury LS can be decommissioned. Dudek has provided to the City sewer collection system design and engineering services over the past 15 years, including the design of four (4) gravity pipeline extension projects that resulted in the abandonment of existing lift stations (Forrest, La Golondrina, La Costa Meadows 3, and Vancouver). Dudek also prepared the latest update to the City Sewer Master Plan. We are currently on contract to provide as- needed consulting services through the 2012 Master Agreement for Professional Sewer Engineering Services. RECOMMENDED ASSISTANCE AND DELIVERABLES (UNDERLINED) Dudek suggests that the City consider authorizing $20,000 with time billed in accordance with the approved rate schedule within the master agreement, which would allow for about 100 hours of billable time primarily by Russ Bergholz, Justin Scheidel and Paul Caligiuri for assisting the City. The suggested work tasks, only to the limit of the budget, are listed following this paragraph. VVVVVV DUDEK COM Mr. Mark Biskup, City of Carlsbad Subject: Simsbury Uft Station Abandonment -Alternative Pipeline Alignment Study • Collect from the City: available record drawings for the existing sewer pipeline within Simsbury Court and the Simsbury Lift Station, atlas map information, current sewer GIS and parcel layer, available contour mapping and clip of the City hi-resolution aerial of the project area. • Collect the latest improvement plans for the Quarry Creek development from the developer or their engineer. • Prepare a working base map from collected information, including topographic information and establish upstream and downstream connection point elevations. • Develop alternative gravity pipeline configurations (minimum of three (3)) for conveyance of all existing sewer flows within the Simsbury LS drainage basin to the Quarry Creek gravity tie-in manhole. For each alternative, prepare a planning level construction cost estimate. • Conduct a comparative analysis of each alternative considering construction cost, schedule, impact to residences, traffic, risks of sewer spill, reconnection of existing sewer laterals, impact/coordination with other underground utilities, etc. • Prepare a brief technical memorandum that presents a summary of the evaluation process, including comparative analysis, and presents a recommended approach for final design that facilitates the abandonment of the Simsbury Lift Station. • Meet with the City once during the development of alternatives for evaluation and once following submittal the draft technical memorandum to address comments. Meeting is suggested to be conducted on site to evaluate working area, location of driveways, existing utilities, access, staging areas, etc. • Prepare a final technical memorandum of the recommended Lift Station abandonment project. Deliverables will be submitted electronically, with hardcopies provided as requested. EXCEPTIONS Items that are not included, but could be added to the scope of work as authorized by the City: • Field work including topographic surveying, potholing, utility locating, geotechnical investigation. • Engineered pipeline plan and profiles suitable for construction bidding. CLOSING Please let us know when we can begin the Simsbury Lift Station abandonment evaluation project. You may contact me by phone at 760.479.4107 or by email at rbergholz@dudek.com. Thank you for your consideration. Sincerely, ~~ Russ Bergholz, PE PMP Senior Project Manager DUDEK October 2, 2014 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 5511 CA910 This and Fee Allotment, is entered into on -~~~L..L..."""-""-=""~"'"-~r..=...t-6L>...Io"-+-"---:--~~· pursuant to an Agreement between Dudek, a California corpora · n, "Co ractor ) and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 16, 2014, ("proposal"), attached as Appendix "A" for the Sewer Flow Model Update, (the "Project"). The Project services shall include engineering support for the construction phase of this project as described in Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (1 00) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,000. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTIONS SERVICES TASK GROUP LUMP SUM FEE Flow Modeling Data and Graphic Updates $4,000.00 TOTAL (Not-to-Exceed) $4,000.00 Executed by Contractor this Zi!nfL day of -~~.JwzU.&W.JI/I.LJ.L.JAtt~.m.:::.y'+-------' 2014. CONTRACTOR DUDEK, a California corporation (name of Contractor) By: DUDEK, a California corporation (name of Contractor) By: ~"r""' .r~~p , I z. q I ,.4 (sign here) June Collins ~~o&!Jrnettitle) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By ~aiL Gl~ tt. J~ ~-. ~ t:U>l(t_ ~ DNWJw APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:i~ 55~ 2 Date: _.z_,/t~=r~.L..J'/4'-------- City Attorney Approved Version 1/30/13 DUDEK January 16, 20 14 Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 APPENDIX A Subject: Proposal for 2013 Sewer Model Updates -Additional Modeling Dear Mr. Biskup: The following scope of work provides an itemized list of addition subtasks associated with the 2013 Sewer Modeling Update project. The following Task I scope items were identified by email from the City September 25, 2013. Included is an estimated level of effort and associated cost anticipated for each subtask. Scope of Work Task I Complete/confirm the following subtasks, including modeling and update of graphical representation of Exhibit 3 of the 2012 Sewer Master Plan Update Report as detailed below: • Provide a large scale map with the ModeiiD's shown for the interceptor sewers for comparison to the tabular data. 16 hours @ $160/hr = $2,560 • Add another column to the ModeiiD table to allow a progressive sort from upstream to downstream. 3 hours @ $160/hr = $480 • Provide a few more notes in the outside column to help identify siphons, force mains, major increases in flow, etc. 3 hours @ $160/hr = $480 • Provide a short description of each model run so that we know the scenario that was modeled. 3 hours @ $160/hr = $480 Deliverable: Provide updated maps, data tables and description of the modeling process. Project Budget We have estimated a total fee of $4,000 for the above described scope items. All work will be completed by a Senior Engineer II at a rate of $160/hr, per the Dudek 2012 Standard Schedule of Charges included in the Master Agreement for Wastewater Engineering Services executed November 28th, 2012. We are ready to begin work upon receipt of your notice to proceed. Please do not hesitate to contact me with any questions or concerns that you may have regarding this request at (760) 4 79-41 07 or rbergholz@dudek.com. Sincerely, ~~ Senior Project Manager Dudek 20 13 Sewer Model Updates January I 6, 20 14 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 PROJECT NO. 5517 CA910 and Fee Allotment, is entered into on ~::t'--!:==--'"-:"-'--<~ ......... ...._~+-~""""7--f->"'-~'-;,..o'-:--:-:---=-:-:' pursuant to an Agreement between Dudek, a alifornia corporati , ("Co ractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 24, 2014, ("proposal"), attached as Appendix "A" for the North Batiquitos Lift Station Pump Replacement, (the "Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty (250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $23,232. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN SERVICES TASK GROUP LUMP SUM FEE 1. CSI Technical Specifications $ 2,490 2. Complete Plans for Bidding $8,405 3. Plans & Specs for Push Crane & Hoist System $10,187 4. Estimate for Construction Cost $890 4. Deliverables-100% and Final $1,260 TOTAL (Not-to-Exceed) $23,232 Executed by Contractor this ?J(&f day of __ "S:...,_.J ...... AN~..;;...t)__;tlgt..:.=.~y'------' 201!J:-. CONTRACTOR DUDEK, a California corporation By: Dudek Frank Dudek (print name/title )President DUDEK, a California corporation (name of Contractor) .{:h~-.:..~'2.Jc_-r:J._ <::F<::-> (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California Date: __ ::z_--_r_2-_-_1----'-l( __ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 DUDEK MAIN OFFICE APPENDIX A 605 THIRD STREET ENCINITAS CALIFORNIA 92024 T7609425147 T8004501818 F7606320164 January 24, 2014 Mr. Mark Biskup 1635 Faraday Avenue Carlsbad, California 92008 Dudek 7585 Subject: North Batiquitos Lift Station Pump Replacement -Final Contract Documents Preparation Dear Mark: Thank you for the request for Dudek to provide this letter proposal to complete the final design and bid documents for pump replacement for the North Batiquitos Lift Station. Plans were submitted previously in May and October 2013. The work of that contract has been accepted as complete. The design work of this proposed contract is for additional Scope of Work to prepare construction documents for replacement of pump suction and discharge piping, temporary pump station bypass, wet well inspection, and wet well modification. Engineering work will be provided to complete the technical specifications, plans for construction, and Engineer's Estimate of Construction Cost. Preparation of these documents includes the following items: • Pump suction and discharge piping demolition plans shall be provided. Demolition shall also include removal of two wet well dividing fillets consisting of reinforced grout. Reinforcing steel removal, corrosion protection end treatment, concrete repair, and repair of polyurethane coating over repaired areas of concrete shall be provided. Inspection and repair ofT-Lock PVC lining in the wet well above the polyurethane sump coating will not be included in the bid schedule or construction requirements at this time. • Two mechanical sheets shall be provided for installation of new suction and discharge valves in addition to installation of three new submersible dry pit wastewater pumps; • Conduct a site visit with mechanical, structural, and electrical staff to investigate fitment of a hoist system for the pump room with a manual under-hung push crane, manual trolley, and electric wire-rope or chain hoist. The project design goal is to allow placement of the hoist over each of the three pump/motor assemblies and allow lifting and moving each pump individually onto an adjacent manual dolly provided by the City. Provide mechanical, structural, and electrical design of the selected hoist system. The alternative of three separate monorail/hoist systems with suspended track is not included within this scope. • Prepare technical specifications in Construction Specification Institute form for general, civil, demolition, structural, mechanical, piping and valves, and electrical. Specifications work shall include: temporary portable bypass pumping; portions of new suction and discharge piping including suction and discharge valves; rebar corrosion protection, and polyurethane coating repair; WWW DUDEK COM Mr. Mark Biskup, City of Carlsbad Subjea: North Batiquitos Lift Station • Prepare Engineer's Estimate of Construction Cost for overall project; and january 24, 2014 Page 2 of2 • Provide one 100% complete plans, specs, estimate of construction cost submittal, and bid form. Receive City review comments and incorporate any changes. Return a final bid-ready set of plans and technical specifications. The City shall separately prepare the "front-end" bid forms and documents. compile the bid set, and advertise the project for construction bidding. Consultant services during bidding and construction are not included at this time. The proposed Dudek NBLS estimate of design fee is included in the table below. The hourly rates in the Fee Estimate are in accordance with the Carlsbad/Dudek 2012 Master Agreement Standard Schedule of Charges, copy attached for information and reference. You may contact me by phone at 760.479.4101 or email at sdeering@dudek.com or Russ Bergholz by phone at 760.479.4107 or by email at rbergholz@dudek.com. Thank you for your consideration. Ay. Ste~g,PE Principal Attachment: Dudek 20 12 Master Agreement Standard Schedule of Charges City of Carlsbad North Bahqudos Uft Station Pump Replacement DUDEK FEE ESllMAlC 11241201.C t • Addltlolllll Work For Full Rllplacement Df Suction & Discharge Vatv.a &. Disct..rge He.atder, Add ByJ*aa Pumping 1--A. CSI TechrKII Speollk'.ailons 2 16 1-8 Plens • Complelll Satlo Bidding-3 Equive.lentOrawlngs 1~ Plans & Specs • Single MoooraH or Puah Crane & Hoiet Syalem 1-D Ealima• orconslruclion Coat 1·E Dellvetable&·100%&FMBI . SubtotaiTaafl; 1 11 DUDEK 18 •• 2 40 18 58 20 , $ 2,490 89 , $ 8,405 30 , s 3,730 a "s eoo , $ 1,060 133 , s 16,675 • s $1,397 1,397,$ $6,060.$ s 6,080 I EXHIBIT A 5 RATE SCHEDULE Dudek has reviewed the City's standard professional services agreement and agrees to all the terms including fixed rates for the three (3) year term and subconsultants markup not greater than 10%. DUDeK 2012 STANDARD SCHEDULE OF CHARGES EIIGIIIEERIHG SERVICES P!ojllct ~ ......... . . .. . . . .. .. .. . ... SlSS.OOIIu ~Engl-11 . . ... . .. S220.0011v Pmc:ipel ~II . . ... . ...• S205.0CW!w Principe~ w-• ..... . .. ........... s1es.0011v Ptogqm ~ .................................... S200.00ftw s.-PtajiiCt Manilglf. . . .. .s 185.0CWiw Ptajed..... ... . . . . . .S115.0011v Senior Eilgir1eet nt... ... .. . ... . ... .... . ............. $1fiS.GOI!Ir Senw EIIIJinMf II .. . .. .. S180.0011v Setlior Engineetl .. .. . . .. . .... SI50.GOI!Ir Pnlject Engi-IVITedlniQan IV ........... S1.t0.001hr Plojact r:natn-llllf~ 111. ........ .. ..S130.0011w PlllljKI er.u-urec~~n!cian n ............ S120.0011w Pfq.d EngiM«IIf~ I. .. ... .S106.001hr PtQjlct eo-tNiot .............. .. . .. .... .. .. .. $85.00ftw Epgit~N'o/111 Aasilllant .............................. $75.0Dihr Eli~RONIIEIITAL SER\IICES Prindplll ................................................... $225.001111 SOriOr PIO)liCt Mlneger/Spedllilt II ......... $210.001111 Sellar~ ,...,.,1Speci6tl ........ $200.001hr Emironn•llal ~nerVI ......... .S110.0Dihf EIWIIonlllllllll ~ner V ........... .S110.001hr Envilon~ ~u·alisllilllanner IV ... S150.00111r EI'Miom!llrllll ~P!anaet Ill .......... .11<40-00I!v EJW111111nwnbd ~..vPiam!er ll . , .S130.0Qihr Envitonmtllllll ~.iJIIP!aMer 1.. ........ S120.oolhr Anelyll......... ................... . .......... '""" .S101Ul011v f'tlnrl«<g ,._ell AssiDnt. .. ... . .... .. . .t.\IO.Oillllr ARCHAI!OLOOICIIL $eRIIICES Sll*lrl'nljllct~~ II .. S2100Dihr StQor Pl'ojllc:ll't1IIMQer/A~ I .... S200.0Qihr Enlli"""'*"-f ~VI S110.0Mir Envl10f11Ja11ai~IW~V ... S180.0Dihr EmiRIIIIn8ntal ~ArcllaeologW IV .. S150.001hr Envi..,..,_. SllecillllllfAn:ha4tologilt III .. S140.0Dihr Elwii'OMIIIDJ~~ 11 ... 1130.0011v E~ ~lllchaeolcgist I .... S120.001hr Ald!MoiQIIIIt T echniclaP II ........................... $70.0011v AtdiMologilt Technician I .......................... SSO.ODIIII CoNSTRUCliON MANAGEMENT SEKVICI!& Plfllc:4le11M....,... ....................................... S1~.0111hr Senior Conslruclioll Maneger ................... 5180.00/llr Senior Plo]ect MaNger. . ...... ........ .. ....... S180.001hr ConltNction M~~~~ager ............................. $150.00/lw Pfojlcl ,._,ll(lel ........ ..... .. .. . ........ .. ... S140.0DIIv R!Nidllllt EnginMr ................................ $1.tO.CIOihf Co<W«tlrln ~---.. . . ............ 5135.00/hr O!Hileo-rs Ro~ ............. $130,00/hr Canliltuctil:wl lrllljlllldOt Ill •. ... $125.0DIIv Con*uctbn lf181MK1or II ........................... $115.001hr COnltruclion lnspectot I . .. . .. .. . $10S.ODIIv ~-Wage lntpee:lor ... $135.0DIIv DUDEK HVOIIOGEOLOGICAL SEftiiiCES Princl~ . .. .. . . ... ...... .... . ................. sno.OIIIhr Sr. E1111ironiiM\Ial Engl-. ..... ... .. ........... $110.001hr Sr. ~1111& Pfoj ...................... $170.0111hr Pfajllet............. . .. $155.00/hr ~~· ...... $140.00/hr Hydrogeolopt IVIEI\sillelf IV ..................... $125.00/llr HydrCIIJICIIolilt tii.EIIginMr Ill...... .. . . ....... 1115.00/llr Hydropoloaisll~ II. . .. ............. $105.0DIIIr Hydrogeologlst tl&lglrleer 1 .. . . . . . S96.001hr T edmiclan ....... ... ............. ............... .... .. 195.00/hr OISTRICTMAIIAGEMENT & 0P£11AliONS Dlsllict Gerunl MaMger ............. .............. . S175.0DIIrr 01111MS EngWieer.... .. $180.00/hr Opetatlons Manege<.. • . 1150 OOihr Obtlld SectlltafliAoc:ountant sea OOihr eor.c:tioM ~ MIIM!IItf.. . ..... $116.001hr Grade V Opefalor •. . ..... S100.0DIIv Glade IV Opel8lof .. ...S8S.OOI!w GradeiH opn10r ... • .. ..... . . sao.ODihr Grade II Opnlaf ...... . .. .... .. ................. S61001hr GrD I 0pwaa. ..... ..... ... .. S55.0Dihr Operaw in Trallling. . . .. S40.001hr ColecUon MaillfJRIIanCe Wlllcer II .. .. .. .. 155.00/llt Colection MllinlllniiiiCIIWII'Icer I ................... S40.0111hr OFFICE SERIIICFS Tec~ingJC'ADD Slr.v_, 30Greplllc-"k.. ... ... .... . ............... $150.001hr senor~..... .. .. ..$135.001hr Oeli;ner. . .. . .... . . . .... .. .. . . S125.001tr ~081gner ................................. I120.0QIIIr GIS Spedabt IV . . . . .. . .. ... .. . ....... 1150.001hr GIS $t11Ciaht IlL.. . ... .. ..... $140.001hr GIS Specialllll . . ..................... S130.001hr GIS Spedalill L . ... . ....................... 1120.001hr CAOD Operator Ill....... .. .. .. .................. 1115.001hr CAOO Opelafcr 11............ ... .... ..... .... .. ..... S110.001hr CAOD Optrqloc 1 .... ... .. .. $85.0Mw CAOO Orallar ...... ... ........ ...... . . . . .. . ..... Sll5.001hr CAOD Tec:hnic:Mn ........................................... S7S.OOI!w SUPPORT SERIIICES T..tlnicel.._, 11............ ...... . ................. S140.0CIIItr Technical £cltor 11 ........................................... S125.0illllr T echnlcal Editor 1.. .......................................... S110,00111r Pulrllcationa AMiitlilllnt .............................. $100.0DIIw Publlcallons liiiiOnt II... . ......... .. .............. SIIO.ODIIv PUbliclltianl Mlillant 1..... . .............. .. ........... S80.00111r Cleric:al Adrilllltmlion II ............................. SIO.OM!r Clefical AdMni*alion I. ................................. S75.001hr :::::.:=-~::-:..:;.,.,-=.-.... -...--. ___ ~!rr~Mrrwo __ .._ ..... _ ...... _ .. t.lli _ ... __ ...... MCIOUbldiiMPIICn-Mcu•stiSt4,.,.,.,tpldtlt~ _... . .,._ .... .....,_._. ____ ...,..., -... ..... --... .. 1.16_ ... __ 11rrttt...,._--,aii_IRS....,_-.Por __ _,...., ................. ... -...u--.... .• _ ..... _ .. m........, __ ... .. ...,...,__.....,.......__~11 ....... -... IJIIJ .,._ ... _, ... _ .. ~-.. ..., • .-y .... ..._ ...,.,._,.,_.ll'l!pot_ol ... _,_ ... jllloltoU. l!lhclllll .......,,, Zll12 DUDEK Master Agreement Consultifl& Services -Waste WatB Engineering 18 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 5515 CA910 DescriP-tion and Fee Allotment, is entered into on __,,...,dz~;L3~":JL.({J.:X~Q.d..~{.>..L....,.,..----:=' pursuant to an Agreement between Dudek, a Cali ornia corporatio , ("C tractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 8, 2013, ("proposal"), attached as Appendix "A" for the Vancouver HOD Sewer Extension, (the "Project"). The Project services shall include engineering support for the construction phase of this project as described in Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred (300) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $29,462. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTIONS SERVICES TASK GROUP LUMP SUM FEE 1. Meetirias and PrOiect Manaaement $1,604 2. Bid Suooort Services $3,626 3. Construction Suooort Services $19,400 4. Record Drawina $4,832 TOTAL (Not-to-Exceed) $29,462 Executed by Contractor this /8<fl.l day of ____ '-J,.NJ"""'""/)""~""'--V.:...._ ___ , 2013. CONTRACTOR DUDEK, a California corporation By: (s1gn here) Frank Dudek (print name/title )President DUDEK, a California corporation (name of Contractor) (s1gn here) June Collins 8fflmt~ame/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. CITY OF .CARLSBAD, a municipal corporation of the State of California ~~!' """ .2-,.r-/J APPROVED AS TO FORM: City Attorney Cily Attorney Approved Version 5/12/11 2 DUDEK APPENDIX A MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T760H25147 T800450.1818 F7606320164 January 8, 20 13 Mr. Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Dear Mr. Biskup: Engineering Services Proposal, Vancouver Road HOD Sewer Extension, City of Carlsbad, California -Construction Support Dudek is pleased to submit this proposal to provide construction support for a gravity pipeline that will enable abandonment of the City of Carlsbad Vancouver Lift Station (LS). Included within this proposal is bid phase support, support services during construction and preparation of record drawings post-construction. Dudek provided the final design package in June 2012. Following this submittal, the City has proceeded with completion of the environmental permitting of the project and is preparing for contractor bidding. Dudek has prepared the following scope of work to support the City as needed during the bidding, construction and project closeout phases. Please do not hesitate to contact me with any questions or concerns that you may have regarding the context of this proposal at 760.479.4107 or rbergholz@dudek.com. Sincerely, ~~ Russ Bergholz P.E. Senior Project Manager Dudek Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Road HDD Extension -Construction Support ATTACHMENT A-SCOPE OF SERVICES AS-NEEDED CONSTRUCTION ASSISTANCE DURING CONSTRUCTION OF THE VANCOUVER ROAD HOD EXTENSION PROJECT Task 1: Project Management Successful project management is essential to ensure quality workmanship within the scheduled allotment of time and in strict accordance with the scope of work. Strong lines of communication between Dudek and the City will continue to be maintained throughout completion. Dudek utilizes an earned value tracking system to monitor project progression to identify on a monthly basis the project schedule and budget status. Progress reports will be prepared monthly and submitted with the monthly invoice. Task 2: Bid Support Services Dudek will provided as-needed bid support services, which can include attending pre-bid meetings, addressing contractor or City questions, preparation of addendum materials, reviewing bid results and making bid selection recommendations. The level of effort for this task is estimated at up to 20 hours. Task 3: Construction Support Services Dudek will assist the City PM with submittal reviews, attending construction meetings, and help address questions during construction on an as needed basis. The level of effort for these specific tasks is estimated at up to 64 hours. Dudek will provide specialized part-time onsite inspection in support the HDD construction. Inspection and monitoring will focus on confirming that the HDD contractor adhere to construction performance specifications. The level of effort for field inspection is estimated up to 4 hours per day for 12 days, totaling 48 hours. Task 5: Preparation of Record Drawings The City Inspector/construction manager should maintain an up-to-date record of construction changes on the field "redline" plan set. Upon completion of the construction, the "redline" plan set will be provided to Dudek to prepare Record Drawing corrections to the original plans. Dudek will prepare a draft copy of the record drawings for City review. Upon receipt of City comments on the draft record drawings, we will finalize the Record Drawings, including either hand edits to the original mylars, or re-printing new plan sheets, depending on the extent of changes. Based on our experience with projects of similar scope and size, we anticipate an effort of up to 36 total hours of CADD and engineering effort to make revisions to the original contract mylars. We do not anticipate changes that will require significant revisions to the electronic drawing files. This effort is largely dependent on the completeness and clarity of the redlined drawings provided to us by the contractor and the City Inspector. Upon review of the field documentation, we will evaluate the required effort and notify the City should we feel that DUDEK A-1 210084 July 18, 2011 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Road HDD Extension -Final Design and Construction Suppon the effort is more extensive than originally anticipated. We will work with the City to complete Record Drawings within the budget objective. Exclusions The following services are not anticipated to be required and are hereby excluded: • Permit compliance documentation, follow-up, and support for permits required by outside agencies. • Preparation of Operations and Maintenance manuals. • Environmental Documentation. • Coordination for project funding. • Geotechnical investigations, compaction testing, soils evaluation, etc. • Surveying, construction staking, etc. • Material testing including concrete, soils, metals, etc. DUDEK A-2 January 8, 2013 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Road HDD Extension -Construaion Support Cost Summary Dudek anticipates that individual task and subtask budget estimate amounts may be internally reallocated as needed within the contract as a whole. The final level of effort associated with this proposal is dependent on many factors out of control of Dudek. Therefore we will provide our services on an hourly basis, as needed and requested by the City up to the contract amount. In the event that effort is necessary or requested after the contract amount has been exhausted, Dudek must negotiate a contract amendment authorization prior to continuing work. Dudek will complete the scope of work, including Tasks I thru 4 described above, on a time and materials basis. All work will be billed in accordance with our 2013 Standard Schedule of Charges. Direct costs include field equipment, reproduction costs, and mailing costs. Direct costs are estimated to not exceed $150.00 All work will be billed on a time and materials basis with a not-to-exceed $29,462, including labor and reimbursable direct costs. See the following Attachment B for a breakdown of anticipated tasks and associated level of effort. DUDEK A-3 January 8, 2013 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Road HOD Extension -Final Design and Construction Support ATTACHMENT B-COST ESTIMATE AND FEE SCHEDULE The following is a breakdown of the identified individual tasks associated with the project. City of Carlsbad Vancouver Road HOD Sewer Extension Construction Support Services and As-Needed Inspection Cost Estimate Labor Hours and Rates ProJect ProJect Prowct Team Role Manaqer Enq111eer CAD Team Member R Bergholz A Combs C Durbm OTH[R TOTAL DUDEK DIRECT 8JIIable Rate $188 $165 5115 HOURS LABOR COST COSTS TOTAL FEE Task 1 -MeeUft9! and Profe,ct ~nagement 1-A Overall Management, administration, scheduling 4 4 $ 752 $ 50 $ 802 i -B Billing, EVTracking, progress reports 4 4 $ 752 $ 50 $ 802 Subtotal Task 1 8 8 $ 1,504 $ 100 $ 1,604 Task 2-Bid Support Services 2-A Bid Support Services 12 8 20 $ 3,576 $ 50 $ 3,626 Subtotal Task 2 12 8 20 $ 3,576 $ 50 $ 3,626 Task 3-ConstrucUon Support Servtces 3-A Rel.liew of Submittals, RFI's 16 20 36 $ 6,308 $ 6,308 3·8 Attend Meetings with City 16 12 28 $ 4,988 $ 4,988 3-C As-needed onsite Inspection 8 40 48 $ 8,104 $ 8,104 Subtotal Task 3 40 72 112 $ 19,400 $ $ 19,400 Task 4 • Record Drawing Preparation 4-A Record Drawing Preparation 4 8 24 36 $ 4,832 $ 4,832 Subtotal Task 4 4 8 24 36 s 4,832 $ $ 4,832 1 Total Non-Opttonal Hours and Feel 64 88 1 24 176 , $ 29.312, $ 150 1 $ 29,462 DUDEK A-4 January 8, 2013 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 5502 CA910 This first Pr9ject Task Description and Fee Allotment, is entered into on De«mf)ec .>?.I . .;tO /Cil.. , pursuant to an Agreement between Dudek, a California corporation, ("~ontractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 3, 2012, ("proposal"), attached as Appendix "A" for the Terramar Sewer Lift Station and Force Main Replacement, (the "Project"). The Project services shall include construction management and inspections services as described in Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred twenty (320) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the eve.nt that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $97,570. City Attorney Approved Version 5/12/11 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTIONS SERVICES Executed by Contractor this \'k~ day of 'P• C ~~ ,20~. CONTRACTOR Dudek, a California corporation Dudek, a California corporation (name of Contractor) By: Dud (sign here).ueJ1!18otd- Frank Dudek '18PAO lfloi&.IJ Presi~Mt name/titl~apA(J "Lfii· Corporm&rsHtrditlp) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. CITY CARLSBA a municipal corporation of the State of California v Date: ) 2 · Z I · }'2------ APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY:~ SSistantcitYttOfY City Attorney Approved Version 5/12/11 2 DUDE I< December 3, 20 12 Mr. Mark Biskup City of Carlsbad APPENDIX A t>O~ THIRD STIHTf LNCINi! AS. CAUFORNtA 'Y2014 T76G.947.)!47 T800-4S!l.ISIS F?60b32:.0i(l'i Utilities Department-Engineering Division 1635 Faraday Avenue Carlsbad, California 92008 Subject: Dear Mr. Biskup: Request for Proposal -Terramar Lift Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement -Revised 12-3-12 Enclosed is our revised proposal to provide construction management and inspection services for the above mentioned project as new task order under the new Master Services Agreement. The constructability review task was deleted from this proposal as it was paid previously by task order under the old Master Services Agreement. Dudek is excited about the opportunity to provide these services to the City. Should you have any questions or require additional information during the proposal evaluation process, please contact me. Sincerely, .k@. George Litzinger, PE Project Principal WWW DUDEK.COM I SCOPE OF WORK TASK I PRECONSTRUCTION SERVICES Task 1.1 Project Management The resident engineer will be sole point of contact between the contractor and City. He will be responsible for the overall coordination before and during the construction. He will assist the City prior to bid, assistance with addendums, coordinating with utilities and City Departments as needed. The resident engineer will be a one-stop shop by also providing the daily inspection on the project. The resident engineer will establish a document control system with excel spread sheets organized in format according to the City's project tracking standards and procedures including preparing RFI, submittal, notification forms and tracking logs. All project Illes will be transmitted and stored electronically throughout the project. Task 1.2 Preconstruction Conference The resident engineer will conduct and chair this conference that will include overall project objectives, roles and responsibilities, key submittal requirements (schedule of values, CPM schedules, submittal and schedules), and administrative procedures related to submittal processing, RFI processing, progress payments, shutdown and tie-in coordination, change order processing, permit requirements and notifications, document control requirements, and other pertinent topics. The resident engineer will provide a concise summary of meeting minutes detailing the project requirements and discussions from this meeting. TASK 2 CONSTRUCTION SERVICES Task 2.1: Contract Administration/Management The resident engineer will be responsible all aspects of contract compliance, construction inspection, change processing, permit compliance, quality control, contract interpretation and enforcement. The resident engineer will manage and inspect the project from the contractor provided field office and Dudek also has local office nearby the project for office support as well. The resident engineer will prepare all required reports, letters, track permits and insurance documentation, stop notices, resolve nonconforming items and review the contractor's Record Drawings, coordinate with City's operation staff as-needed, draft progress payments and prepare a punch list. The resident engineer will enforce all environmental and permit (federal, state and local) requirements on the project which is in a sensitive habitat area next to the lagoon. Dudek has provided environmental services to the City near this area and is very familiar with the City's policies and procedures for enforcing these requirements. The resident engineer will coordinate and work closely with the City's environmental consultant throughout the course of the project, as it will be a major stakeholder on this project. Task 2.2: Reports and Communication The resident engineer will document and distribute all relevant project communications to the City and applicable parties. He will furnish original project documents and final project reports to the City within 60 days following filing of Notice of Completion. The resident engineer will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Request for Proposal-Terramar Sewer Lifi Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement The resident engineer will prepare three copies of the monthly progress report and submit them to the City's Project Manager. This progress report will include the following elements: • Summary of the prior month's main accomplishments and current construction activities • Overall contractor's conformance to contract schedule and quality requirements • Identification of key problems, action items and issues and will include recommendation for solutions • Summary of progress payments, change orders, disputes, submittals, RFis and Notices of Noncompliance • Photographs of representative project activities. Task 2.3: Photo Documentation The resident engineer will review the contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul routes to document and clearly depict pre-existing conditions. The resident engineer will prepare additional videotape and photographs to document site conditions as required to supplement the contractor's videotape to ensure existing conditions along the alignment are documented and ultimately returned to the original condition at the end of the project. The resident engineer will take and develop construction documentation photographs on a regular basis and maintain a digital photographic library of all significant construction activities, providing unique file names for photos including date and location information. The resident engineer will take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as the arise. Task 2.4: Construction Progress Meetings Construction progress meetings will be conducted weekly during the course of the project. The resident engineer, City personnel, contractor, and utilities, as appropriate, will participate in progress meetings. These meeting will be coordinated and chaired by our resident engineer who will prepare and issue meeting agendas and meeting minutes for all progress meetings and special meetings with the contractors. Task 2.5: Shop Drawings and Submittal Reviews The resident engineer will receive, log, distribute, monitor and track shop drawings and submittals made by the contractor, and coordinate the review of shop drawings and submittals with the City and the design engineer where appropriate. Dudek will review all submittals for general compliance with the requirements of the Contract Documents prior to forwarding the submittals to the design engineer. Dudek will review and process submittals of a general nature such as sand, asphalt paving, site concrete, etc. We will conduct a pre-submittal meeting with the design engineer, City, and contractor's electrical/instrumentation subcontractor to discuss submittal requirements, requested substitutions and overall control scheme in order minimize review time required for these I&C equipment submittals. Task 2.6: Plans and Specifications Interpretation The resident engineer will receive, log, distribute, monitor and track all RFis submitted by the contractor. Dudek will coordinate, as needed, with the design engineer for interpretation of the Contract Documents where appropriate and will respond to all RFis in a timely manner. The resident engineer will review and process RFis of a general nature that do not alter the design intent. Request for Proposal-Terramar Sewer Uft Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement Task 2.7: Construction Inspection Services The resident engineer will also serve as the day-to-day inspector on the project. Dudek will also be providing full-time specialized CIPP liner inspection by Garrett White and Steve Deering, PE and part-time electrical and I&C inspection by Jim Hudson from Rockwell Construction (Rockwell). The resident engineer will be responsible to coordinate soils and materials testing as required with the City's on-call consultant. The resident engineer will perform special inspections (rebar, concrete, bolting and masonry) required to confirm compliance with the requirements of the Contract Documents. In addition to lift station construction inspection, the resident engineer will inspect traffic control, SWPPP and monitor hours work on a daily basis to ensure compliance with project requirements. The resident engineer will witness and handle acceptance of all pipe hydrotesting and spark testing on PVC lining. Groundwater is anticipated. In addition, with the existing utilities present, progress will be slowed, traffic will be impacted by the space required to construct the work, stage shielding and the trucking required to import pipe zone materials, and export excess trench spoils. The resident engineer verify all of the open cut work is constructed per plan, impacts surrounding residents are minimized, and traffic control is installed/maintained properly. The installation will be loud and dusty. Worker, public safety considerations and enforcing hours of work will be paramount. Upon completion, one-lane width of the street will be resurfaced and landscaping in the park will be restored. The resident engineer will be responsible for ensuring improvement restoration is completed to the City's satisfaction. A detailed, project-specific SWPPP will be submitted by the contractor to specify pollution prevention and erosion control measures they are to follow. However, it has been Dudek's experience that the success or failure of any erosion control and storm water pollution prevention program is based on the level of inspection or enforcement that is provided during construction. The resident engineer is experienced with inspection and enforcement of local, large-scale construction projects that require extensive storm water and erosion control protection measures. The resident engineer will have a thorough and complete understanding of SWPPP requirements, and will work with the contractor and regulatory agencies to make this part of the project a success. Garrett White is a certified QSP inspector, if needed. SWPPP compliance will be inspected and enforced on a regular basis. Enforcement means notifying the contractor immediately if BMP's are not in accordance with the approved SWPPP and following up to make sure these items are addressed promptly. Task 2. 7, I: CIPP Liner Inspection Services Garrett White is certified in all phases of cured-in-place lining techniques, including the consequences of incorrect installation. Garrett White is thoroughly trained in the procedures of field testing and will provide pre-and post-CCTV inspections, visual inspection, verify liner thickness. Garrett will inspect the resin impregnation of the liner section at the wet-out facility where the liner is being manufactured. Garrett White will provide: visual inspection, verify liner thickness, liner sample acquisition, testing of structural properties, testing of chemical resistance properties, testing for leakage of the installed liner, and maintain chain-of-custody procedures to ensure accurate test results. Task 2.7.2: Electrical and Instrumentation Inspection Services Dudek selected Rockwell as our electrical instrumentation inspector due to their decades of experience and success in this field. Jim Hudson will be responsible for ensuring all field testing of electrical and instrumentation and controls equipment/systems meet contract requirements. Jim Request for Proposal-Terramar Sewer Uft Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement will be involved during the I&C pre-submittal phase, start-up coordination and throughout the project establishment of testing and operating procedures on the electrical and control equipment. He will inspect all levels of electrical construction, including: dry utility trenches, raceways, wiring, switch gear, PLC, sensors, level indicators, panels, generator and wiring to verify the work is completed to plan and code. Rockwell will perform loop testing/checks, and verify load, ground, and megher testing has been completed by the contractor. He will also review as-built P&ID diagrams, wiring and conduit diagrams, and provide the completed as-builts to the City. Task 2.8: Progress Payments At the end of the month the resident engineer will walk the project with the contractor's field personnel and agree on a percent complete of the work and field measure unit price items. The resident engineer will ensure the initial cost loading of schedule of values are fairly spread throughout the project and not allow front-end loading. Once the payment application percent complete is approved, the resident engineer will request that the contractor complete the payment application with required backup and will review it with the City for approval. The resident engineer will discuss prerequisites to a complete payment application with the City prior to the start of the project. These prerequisites will include: • Monthly schedule update with current status • Updated as-built documentation • Up-to-date SWPPP documentation and implementation Task 2.9: Contractor Claims and Change Orders The resident engineer will: • Identify, prepare, log and monitor all contractor or City initiated claims, changes, extra work and change orders • Negotiate all claims to an agreed contract/consultant/City conclusion • Submit change orders to the City for approval • Prepare a report providing statement of claim, extra work or change; background leading to issue; resolution alternatives; and resolution recommendation for action by the City • Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Review claims, extra work and change orders that require design modifications or clarifications, including revisions to drawings, details and specifications • Resolve claims, extra work and change orders for changes to the work and obtain City approval • Provide the lead role and support to the City in resolving claims and disputes including: written responses to contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, coordinating design services for replacement of damaged work and services made necessary by contractor default. Processing a Disputed Change Order Prior to processing a disputed change order, the resident engineer should exhaust all reasonable remedies for resolving the dispute with the contractor. Dudek's recommended change order Request for Proposal-Terramar Sewer Ufi Station and Forcemain Replacement Construction Management and Inspection Services, C/P No 5502 -Master Services Agreement --------------- review and negotiation best management practices are outlined below and the path we would follow prior to processing a disputed change. Prompt Resolution of Changes in the Field Critical to cost management is the prompt resolution of cost and schedule issues in the field. The most detailed knowledge of an issue resides in the field with the contractor's personnel and the owner's construction representative. We believe that it is best handled in the field and that providing qualified personnel in the field, the resident engineer will be able to resolve most issues in the field. When or if it does become necessary to elevate issues to a higher executive level, Dudek will ensure that all viable options for field resolution have been exhausted. TASK 3: PROJECT CLOSEOUT The resident engineer will coordinate construction close-out by working with the contractor in developing a punch list to finalize each item of work not yet signed off. This list will include all items from a joint walkthrough with the City. The resident engineer will generate a comprehensive list of these items from the walkthrough. The resident engineer will be firm with the contractor that the contract is not complete (nor final payment or retention released) until all punch list items are complete. The resident engineer will ensure the contractor provides an accurate complete set of red-lined incorporating all plan and specification modifications during the project Dudek will coordinate start up and perform loop checks. During closeout phase, our team will ensure the lift station is continuing to operate mechanically and electronically trouble free and ensure outstanding issues are resolved so the City has a properly operating and reliable lift station for many years. Final Completion As the project nears final completion, it is important that all outstanding payments and change orders are resolved and paid, if valid. There should be no surprises when the project is finalized and the costs are all accounted for. Throughout the project, Dudek will track amount spent and where the project is in reference to the budget. Our goal is to deliver each project at or under the budget set by the City. Final completion marks the last major milestone in the construction process. We will follow up to ensure that all warranties, guarantees, operating manuals, and personnel training are provided to the City. All final inspections will be completed prior to signing off on the project All invoices, documents, record drawings, project files etc., will be organized and delivered in an orderly manner by the resident engineer. We will provide the City with a seamless transition of paperwork to close the project out without needing extended time to do such. Dudek will submit a DVD of all project files and a hard copy of the record drawings and O&M manuals to the City at the end of the project. Request for Proposal-Terramar Sewer Ufi Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement 2 SCHEDULE Based on the tentative construction schedule presented in the Request for Proposal, Dudek takes no exception in providing the part time staffing level required for the duration of the project of 260 working day construction contract duration including the coordination work required during pre-construction and closeout support phases of the project (total project duration of 13 months). Request for Proposal -Terramar Sewer Uft Station and Forcemain Replacement Construaion Management and lnspeaion Services, CIP No 5502-Master Services Agreement 3 HOURLY RATES HOURLY RATE SCHEDULE Staff Member Name Title Rate Jason Linsdau Project Manager $135 Marius Jaskula,PE Resident Engineer $135 Steve Deering, PE Project Principal II $205 Garrett White Construction Inspector II $110 Jim Hudson Rockwell Construction (Electrical and Controls) $138 Request for Proposal -Terramar Sewer Ufi Station and Forcemain Replacement Construction Management and Inspection Services, CIP No 5502 -Master Services Agreement Dudek Cost for Terramar Sewer lift Station and Forcemain Replacement-Revised 12-3-12 I I Hours Rate c ... !Task 1.1 1 RevJ,,w · ~paid• 'task order) IProlect_Maoager 10 $135 $1,350 I Resld~nt Engineer 30 $135 $4,050 IProlect 1 I I I 0 $205 >!! $5.400 1Taskl.21 6 $135 $811 'II 2 $110 12Q [.030 Task 1 Total $6,430 Task 2 Con~truct1on Phase Serv1ces Hours .... Co.t Task 2.1 Contract Administration/Management Project Manager 10 $135 $1,350 Resident Engineer 50 $135 Sf) 750 $8,100 Task 2.2 Reports and Communications Resident Engineer 30 $135 ~0 $4,050 Task 2.3 Photo Documentation Resident Engineer 30 $135 ~ $4,050 Task 2.4 Construction Progress Meetings Resident Engineer 30 $135 ~fllil $4,050 Task 2.5 Shop Drawing and Submittal Reviews Resident Engineer 40 $135 $5,400 Principal Engineer II 8 $205 $1640 $7,040 Task 2.6 Plans and Specifications Interpretation Resident Engineer 30 $135 $4.050 $4,050 Task 2.7 Construction Inspection Services Resident Engineer 230 $135 $31,050 Construction Inspector II 24 $110 $2,640 "'Rockwwell Construction {Electrical and Controls) 45 $138 $6.210 $39,900 Task 2.8 Progress Payments Resident Engineer 12 $135 $1.~0 $1,620 Task 2.9 Contractor's Claim and Change Orders Pro ect Manager 4 $135 $540 Resident Engineer 40 $135 SMQO $5,940 Direct Costs $100 Task Z Total $78,900 Task 3 ProJect Close Out Construction Duration 260 Working Days •subconsulant rates and proposal include 10% mark up. MASTER AGREEMENT FOR WASTEWATER ENGINEERING SERVICES {DUDEK) CA910 ~IS AGREEMENT is made and entered into as of the d JftZ.J day of ~Jfh&-4&.<../ , 20 /.;;.,. by and between the CITY OF CARLSBAD, a municipal corpo"tlOn, hereinafter referred to as "City", and DUDEK, a California corporation, hereinafter referred to as "Contractor." RECITALS A City requires the professional services of an engineering consultant that is experienced in wastewater engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to wastewater engineering. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2117/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17112 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 Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 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. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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 City's satisfaction, a declaration stating this. 1 0.1.4 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. · D If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 2/17/12 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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 City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name William Plummer Name Russ Bergholz Title Engineering Manager Title Senior Project Manager Dept Utilities De~artment Address 605 Third Street CITY OF CARLSBAD Encinitas, CA 92024 Address 1635 Farada~ Avenue Phone (760) 479-4107 Carlsbad CA, 92008 Email rbergholz@dudek.com Phone {760} 602-2768 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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 2/17/12 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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. 6 City Attorney Approved Version 2/17112 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 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. Executed by Contractor this Ai'f4c day of CONTRACTOR (sign here) Frank Dudek (print name/title)Presldent (print name/title) Group A Chairman, President, or Vice-President ::;Jg:>r; ' 20 12-. CITY OF CARLSBAD, a municipal corporation of the State of California By:~ *-Mayor ATTEST: Group 8 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17112 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 'f;SSee Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of $'g"' (j teq 0 Subscribed and sworn to (or affirmed) before me on this ;2. 4 ~day of S e.e+ _ , 20__Ll.__, Date onth Year by (1) ~raY\\:.. Oudet<- Name of Signer @ PAMELA J. BRISTOW Commission # 1953564 proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) l Notary Public • California (and j San Diego County I o o o o o ,MJ t0T'Ut erJr:• jtj tJ ·Jt1l (2) 0 , ('I\ ~c_ha_ e \ Me±:\ <; Place Notary Seal Above ......._ ___________ Though the informationo · not required by law, it may prove valuable to persons relying on the documen auld prevent fraudulent removal and reattachment of this form to a document. Further Description of Any Attached Document ©2010 National Notary Association • NationaiNotary.org •1-800-US NOTARY (1-800-876-6827) Name of Signer RIGHT THUMBPRINT OF SIGNER #1 Top of thumb here Item #5910 EXHIBIT A 5 RATE SCHEDULE Dudek has reviewed the City's standard professional services agreement and agrees to all the terms including fixed rates for the three (3) year term and subconsultants markup not greater than 10%. DUDEK 2012 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director ..........•...............................• $235.00/hr Principal Engineer tiL ............................ $220.00/hr Principal Engineer II .................................... $205.00/hr Principal Engineer 1 .••..•..•.......•............•... $195.00/hr Program Manager ....................................... $200.00/hr Senior Project Manager .............................. $185.00/hr Project Manager ......................................... $175.00/hr Senior Engineer 111... ................................... $165.00/hr Senior Engineer II ...................................... $160.00/hr Senior Engineer I ........................................ $150.00/hr Project Engineer IVffechnician IV .............. $140.00/hr Project Engineer Klffechnician 111 ................ $130.00/hr Project Engineer llffechnician 11 .................. $120.00/hr Project Engineerlffechnician 1 ................... $105.00/hr Project Coordinator ..................................... $85.00/hr Engineering Assistant.. ............................ $75.00/hr ENVIRONMENTAL SERVICES Principal ..................................................... $225.00/hr Senior Project Manager/Specialist II ........... 5210.00/hr Senior Project Manager/Specialist I ........... $200.00/hr Environmental Specialist/Planner VI .......... $180.00/hr Environmental Specialist/Planner V ............ $160.00/hr Environmental Specialist/Planner IV ......... $150.00/hr Envtronmental Specialist!Pianner 111 ............ $140.00/hr Environmental Specialist/Planner II ............ $130.00/hr Environmental Specialist/Planner 1 ............. $120.00/hr Analyst ...................................................... $100.00/hr Planning Research Assistant. ...................... $80.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner I ..... 5200.00/hr Environmental Specialist/Coastal Planner VI .. $190.00/hr Environmental Specialist/Coastal Planner V ... $170.00/hr Environmental Specialist/Coastal Planner IV .. 5160.00/hr Environmental Specialist/Coastal Planner Ill.. $150.00/hr Environmental Specialist/Coastal Planner 11....$140.00/hr Environmental Specialist/Coastal Planner 1 ..... $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project ManagerfArchaeologist 11 ..... $210.00/hr Senior Project Manager/Archaeologist 1.. ... $200.00/hr Environmental Specialist/Archaeologist VI $180.00/hr Environmental Specialist/Archaeologist V ... $160.00/hr Environmental Specialist/Archaeologist IV .. 5150.00/hr Environmental Specialist/Archaeologist Ill .. $140.00/hr Environmental Specialist/Archaeologist II ... $130.00/hr Environmental Specialist/Archaeologist I .... $120.00/hr Archaeologist Technician 11 ........................... $70.00/hr Archaeologist Technician I ........................... $50.00/hr CONSTRUCllON MANAGEMENT SERVICES PrincipaVManager ....................................... 5195.00/hr Senior Construction Manager ................... $180.00/hr Senior Project Manager ............................... $160.00/hr Construction Manager ................................. $150.00/hr Project Manager .......................................... $140.00/hr Resident Engineer ..................................... $140.00/hr ConstrucHon Engineer ................................. $135.00/hr On-site Owner's RepresentatiVe ................. $130.00/hr Construction Inspector Ill ....................... $125.00/hr Construction Inspector tl ............................. 5115.00/hr Construction Inspector 1 ........................ 5105.00/hr Prevaiting Wage Inspector ........................ $135.00/hr DUDEK HYDROGEOLOGICAL SERVICES Principal ....................................................... $220.00/hr Sr. Environmental Engineer ........................... $190.00/hr Sr. Hydrogeologist/Sr. Proj Mgr ...................... $170.00/hr Project Manager ............................................ $155.00/hr Associate Hydrogeologist/Engineer .............. $140.00/hr Hydrogaologist IV/Enginaer IV ....................... $125.00/hr Hydrogaologist Ill/Engineer 111 ........................ $115.00/hr Hydrogeologist 11/Engineer 11 ........................ $105.00/hr Hydrogeologist 1/Engineer 1 ........................... $95.00/hr Technician ....................................... .' .............. $95.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ............................... $175.00/hr District Engineer ............................................ $160.00/hr Operations Manager ................................... $150.00/hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager.. ... . . ............ $95.00/hr Grade V Operator. ................................... $100.00/hr Grade IV Operator.. .................................... $85.00/hr Grade Ill Operator. ....................................... $80.00/hr Grade II Operator ............................................. $63.00/hr Grade I Operator ............................................. $55.00/hr Operator in Training ........................................ $40.00/hr CoHection Maintenance Worker II .................... $55.00/hr Collection Maintenance Worker I ..................... $40.00/hr OFFICe SliRVICf'S Technicai/Drafting!CADD Services 3D Graphic Artist ......................................... $150.00/hr Senior Designer ........................................ $135.00/hr Designer ............................................... $125.00/hr Assistant Designer ......................................... $120.00/hr GIS Specialist IV ............................................ $150.00/hr GIS Specialist 111.. ........................................... $140.00/hr GIS SpeciaHst 11 .............................................. $130.00/hr GIS Specialist 1 ............................................... $120.00/hr CADD Operator 111 ........................................ $115.00/hr CADOOperator 11 ........................................... $110.00/hr CADOOperator 1 ...................................... $95.00/hr CADO Drafter ................................................... $85.00/hr CADO Technician ............................................. $75.00/hr SUPPORT SERVICES Technical Editor 111 .......................................... $140.00/hr Technical Editor 11 ........................................... $125.00/hr Technical Editor!... ......................................... $110.00/hr Publications Assistant 111. .............................. $100.00/hr Publications Assistant II.. ............................... $90.00/hr Publications Assistant 1... ............................... $80.00/hr Clerical Administration II........ ........... . ............ $80.00/hr Clerical Administration !.. ................ _ ................. $75.00/hr Forensic Engineering-Court appe01ancos, ~ons. and interrogatorl .. as expert whnest wl be billed et 2.00 tim as normal rates. Emergency and Holidays -Minimum charge of IWo hours will be billed at 1.75 times the normal rate. Material and Outside Setvices-SUbcontroct<>ts, rental ofspecial oqtripmen~ spoclol raproducfions and bluapdnling outtide data proces..,g and ccmputer serviceSt etc .. •re eharged at 1.15 tines the <irect cost. Travel Expenses-Mileage at cuRenl IRS dowable rates. Par chm where overnight stay i• involved is cltorged at c:o•t lnvolees,Lale Charges. • Pll fees will be billed to Client mmlhly and shal ba duo and pay~~ble upon receipt. lnvcicas are dalnquent ir not pold will1in !hilly (30) days: tom Ute data of the invoke. Clant •greec to pay a monthly lllte charge equal to ana percent (1%) per month of the outstanding balance unlit paid fn lift. Effective January 1, 2012 DUDEK Master Agreement Consulting Services-Waste Water Engineering 18