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Home My WebLink AboutInfrastructure Engineering Corporation; 2012-11-28; CA909PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN CA909 venth._.Project Task Description and Fee Allotment, is entered into on ~· /? :> -v. · "1 • · • • · __. , pursuant to an Agreement between lnfras r ture Engineering Corporation, a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide third party peer review 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 August 18, 2015, ("proposal"), attached as Appendix "A" for the Agua Hedionda South Shore Specific, (the "Project"). The Project services shall include water/recycled water engineering services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager 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 days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty-five (45) 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 CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,480. General Counsel Approved Version 1/30/13 CA909 TABLE 1 FEE ALLOTMENT THIRD PARTY PEER REVIEW SERVICES TASK GROUP LUMP SUM FEE Task 1: Water Supply Assessment Review $6,680 Task 2: Executive Summary $3,800 TOTAL (Not-to-Exceed) $10,480 Executed by Contractor this _.d.._<-1 __ day of ----'".-/lv__:__-4~-'""-"'-'--------' 2015. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation {name of G. ntractor) *By: Zr:; ·t~~c:-/ ' S ~sign here) RoberUf\/. Weber I Vice President (print name/title) (?i/f .bn{jf0/{JC•cl 'fc.V~<<Yt··~"¥, C'-.erJrVJ (e-mail address) INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) (sign here) Vicki Shaw I Secretary (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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: len Van Peski I Community and Economic Development Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel ! Date: ~q/---=4?A-L..:::!~::.___ __ I General Counsel Approved Version 1/30/13 Appendix "A" August 18, 2015 Kirsten Plonka Engineering Manager, Utilities Division City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Christie Marcella Community & Economic Development Management Analyst 1635 Faraday Avenue Carlsbad, CA 92008 · RE: Revised Budget Augment-Agua Hedionda South Shore Specific Plan Dear Kirsten and Christie: Thank you very much for the recent clarification regarding the budget augment and IEC efforts on the Agua Hedionda South Shore Specific Plan. This letter is a summary of recent email conversations, and as requested we have revised the scope and budget accordingly. We would like to present this revised proposal to you for your approval. Additional review of the Specific Plan and associated technical reports has been moving quickly and was already authorized in July, 2015, therefore we wanted to be sure that we have captured IEC efforts to date. We were ahead of the curve on budget and the augment is just enough to make sure we can complete our contracted scope. Following are tasks that diverged from the orginal scope of work dated May 15, 2015. Review of Water Supply Assessment provided by Dexter Wilson -Task 1 Water Service and System Impacts-Executive Summary-Task 2 Based on recent emails, it is our understanding that additional in person IEC support at meetings will not be needed and any responses to comments will be handled by Kirsten Plonka, as such the attached cost spreadsheet has been revised accordingly. IEC greatly appreciates the opportunity to work with you on this project, and is very happy to assist you with this important review. Please feel free to call or email me (510.574.0820 x109 I jlazarus@iecorporation.com) if you have any questions or would like to adjust our approach; it is always our top priority to ensure that our services meet our clients' needs. Sincerely, Joshua Lazarus, AICP Environmental Specialist Attachments: Revised Itemized Cost Breakdown 39221 Paseo Padre Parkway, Suite K, Fremont, California 94538 T 510.574.0820 F 510.952.3911 www.iecorporation.com Cost Estimate: Task Task 1: Water Supply Assessment Review Task 2: Executive Summary UPDATED City of Carlsbad-Third-Party Peer Review Services, Agua Hedionda South Shore Specific Plan 18-Aug-15 Staff Buising Humphrey Staff Buising Humphrey Staff Labor Hours Rate 4 $200 4 $210 42 $120 Labor Subtotal: 4 $200 4 $210 18 $120 Labor Subtotal: Extended Cost $800 $840 $5,040 $6,680 $800 $840 $2,160 $3,800 Item None identified 5% mark-up None identified 5% mark-up Direct Costs Cost $0 $0 ODC Subtotal: $0 ODC Subtotal: Subtotal: $0 $0 $0 Subtotal: TOTAL: Task Subtotal $6,680 $3,800 $10,480 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.6 PROJECT NO. 6058 CA900 This Fee Allotment, is entered into on =-----b~~~~:..4,.-......;..~~---<o:==.:::~+--~--· pursuant to an Agreement between Fehr & r ornia corpora io ("Contractor") and the City of Carlsbad, ("City") dated November e "Agreement"}, the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide innovative transportation engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Constructipn of Public Works Improvements in . the City of Carlsbad," and the proposal dated October 24, 2014, ("proposal"}, attached as Appendix "A" for the Carlsbad Boulevard/Tamarack Avenue Pedestrian Improvements Evaluation, (the "Project"). The Project services shall include innovative transportation engineering to research the state of the practice and future transportation systems. 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 three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) 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 as specified in Table 1. 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 $16,100. City Attorney Approved Version 1/30/13 CA909 TABLE 1 FEE ALLOTMENT PROPOSAL FOR PRELIMINARY EVALUATION OF RECYCLED WATER USE AT THE FIRST RESPONDER TRAINING FACILITY TASK GROUP LUMP SUM FEE Proposal & preliminary memorandum preparation $5,000.00 TOTAL (Not-to-Exceed) $5,000.00 Executed by Contractor this tfl 'it-'1 day of _J_·-_-_;_f(_' /t.....,t-r/1 _______ , 2015 . .-" CONTRACTOR INFRASTUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) 7) (/1,. *By: /7 tv(-et r-·i/4-:Je(l---· 1 (sign here) Robert W. Weber I Vice President (print name/title) l/;c_l t' fJ.e@ /(;;c C~r yi)I.:R <ficVJ ;;· C!crn1 (e-mail address) INFRASTUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: <-v::( L 1 (sign here) Vicki Shaw I Secretary (print name/title) v'?k"-...r p le c..u.rpu-/a.:h"'cAA . (......j"""" (e-mail adCfress) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water C f 1911 d a Subsidiary District of the City of Carlsbad . By: dJ\JJv ? }\_.11/!fi~ Date: rJ (11 u~ L ublic Works Director APPROVED AS TO FORM: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 CA900 TABLE 1 FEE ALLOTMENT NO. 6 CARLSBAD BLVD./TAMARACK AVENUE PEDESTRIAL IMPROVEMENTS EVALUATION TASK GROUP LUMP SUM FEE Carlsbad BI/Tamarack Av Pedestrian Improvements evaluation to include: $16,100 Task 1: Data collection and existing conditions Task 2: Volume Forecasts Task 3: Carlsbad BI/Tamarack Av Improvement Assessment utilizing LOS, Synchro and SIDRA roundabout assessment software Task 4: Documentation and meetings TOTAL (Not-to-Exceed) $16,100 Executed by Contractor this~ day of _, ___ Jv / y ___ ,2015. CONTRACTOR FEHR & PEERS, a California corporation (name of Contractor) By~r/U Daniel Sohrab Rashid I Principal (print name/title) FEHR & PEERS, a California corporation (name of Contractor) By: (sign here) (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 By Pate~1h~~ctar oat• ~ /4/,s- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY 1/li .~ Assistant City Atto ey 2 City Attorney Approved Version 1/30/13 FEHR,fPEERS October 15, 2014 To whom it may concern: This letter confirms that Daniel Sohrab Rashid, a Principal with Fehr & Peers, has the authority to sign contracts and proposals for Fehr & Peers and to bind the corporation up to a maximum of $250,000. If you have any questions or require any further authorization, please do not hesitate to contact me. Sincerely, FEHR & PEERS Marion Donnelly Chief Financial Officer Board Secretary cc: Personnel File 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 930-7100 Fax (925) 933-8007 www.fehrandpeers.com June 29, 2015 Lolly Sangster Project Manager fEHR k PEERS Improving Communities Since 1985 Public Works -Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Carlsbad Boulevard/Tamarack Avenue Pedestrian Improvements Dear Lolly: Appendix "A" P15-0412-SD Fehr & Peers is pleased to submit this scope and cost estimate for the above referenced project in the City of Carlsbad. This scope and fee is based on our understanding of the project, which is to evaluate three potential design alternatives at the Carlsbad Boulevard/Tamarack Avenue intersection. Additionally, we will collect counts at the Carlsbad Boulevard/Pine Street intersection that may be used in future assessment. The following scope of services has been developed based on our understanding of the project, our work on the Draft Carlsbad General Plan Update, and our knowledge of the study area . SCOPE OF SERVICES Task 1: Data Collection and Existing Conditions As part of this task, Fehr & Peers will collect vehicle traffic counts, pedestrian counts, and bicycle counts at the following two intersections during the morning (AM), evening (PM), and weekend peak period: 1. Carlsbad Boulevard/Tamarack Avenue 2. Carlsbad Boulevard/Pine Avenue We will incorporate the data collected into a multimodal assessment for both study intersections as noted below. It should be noted that the Draft General Plan Mobility Element classifies Carlsbad Boulevard as an "Identity Street" north of Tamarack Avenue and a "Coastal Street" south of Tamarack Avenue. Additionally, Tamarack Avenue is classified as a "Connector Street" and Pine Avenue is classified as a "Village Street." The Draft General Plan Mobility Element identifies that all of these street typologies prioritize pedestrians and bicycles, and as such, level of service (LOS) for those modes is required. However, since automobile LOS is informative toward the potential design of the facility, we will also evaluate automobile LOS as part of this effort. • Automobile LOS -We will use Synchro to evaluate peak hour conditions at the intersection using Highway Capacity Manual (2010) consistent methodologies • Pedestrian LOS -We will use the Carlsbad Pedestrian LOS methodology as noted in the General Plan EIR 401 West A Street, Suite 900, San Diego, CA 92101 (619) 234-3190 www.fehrandpeers.com Lolly Sangster June 29, 2015 Page 2 • Bicycle LOS -We will use the Carlsbad Bicycle LOS methodology as noted in the General Plan EIR We will spend one day in the field collecting attributes at the two study intersections as part of this effort. Task 2: Volume Forecasts We will utilize the General Plan Bu ildout travel demand model forecasts to estimate future traffic volumes at the Carlsbad Boulevard/Tamarack Avenue intersection. Task 3: Carlsbad Boulevard/Tamarack Avenue Improvement Assessment We will incorporate the three proposed design alternatives into the LOS assessment for bicycles, pedestrians, and automobiles. For bikes and pedestrians, we will utilize the Carlsbad methodologies described above. To evaluate the Existing and General Plan Buildout automobile LOS, we will use the Synchro software for the no project condition and the proposed design that incorporates a trap right-turn lane. We will utilize the SIDRA roundabout assessment software to assess the two potential roundabout design alternatives. Task 4: Documentation and Meetings We will document the results of our assessment in a Draft Mobility Assessment Report (MAR) for your use that will summarize Tasks 1-4. We have budgeted four staff hours to respond to comments on the MAR and resubmit the document as Final. We will attend two meetings as part of this project. COST AND SCHEDULE We will complete this effort on a time and materials basis not to exceed $16,100. This includes all project time, meeting time, travel expenses, and reimbursable costs. Final deliverables will be completed within three months of the notice to proceed, depending on the ability to schedule meetings for stakeholder outreach. If you have any questions or would like additional information regarding our proposal, please contact us at (619) 234-3190. We look forward to hearing from you. Sincerely, 4-_J/.~~ // Jason D. Pack, P.E. Principal D. Sohrab Rashid Principal PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 AGUA HEDIONDA 85/15 SPECIFIC PLAN INITIATIVE CA909 This fifth Prorct Task Description and Fee Allotment, is entered into on .:Tune.. l J d 0 ( S , pursuant to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide third party peer review 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 May 15, 2015, ("proposal"), attached as Appendix "A" for the Agua Hedionda 85/15 Specific Plan Initiative, (the "Project"). The Project services shall include water/recycled water engineering services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager 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 days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 28, 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 CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is twenty nine thousand seven hundred dollars ($29,700). General Counsel Approved Version 1/30/13 CA909 TABLE 1 FEE ALLOTMENT THIRD PARTY PEER REVIEW SERVICES Task 1, 2, & 3: Review Methodology, Review Water/Recycled Water System Impacts; Review Report Recommendations and Conslusions $8,040 $11,100 $29,700 Executed by Contractor this f. {p day of __ fJL-1.:..-=-tt-fJ+-------' 2015. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation *By: · cJ:;;~ OV/~a (sign here) Robert S. Weber I Vice President (print name/title) INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By:'Vc~ (sign here) Vicki Shaw I Secretary (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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: Glen Van Pesk1 I Commumty and Economic Development Manager APPROVED AS TO FORM: General Counsel Approved Version 1/30/13 Appendix "A" May 15,2015 Ms. Christie Marcella Community & Economic Development, City of Carlsbad 1635 f;araday Avenue Carlsbad, CA 92008 Infrastructure Engineering Corporation RE: Third-Party Peer Review Services -Agva Hedionda South Shore Specific Plan lor 85% Open Space and 15% Retai/lnitiative Dear Ms. Marcella: Infrastructure Engineering Corporation (IEC) is very pleased to present this proposal for third-party peer review services in support of your due diligence relative to the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail initiative. This proposal contains the following information. • A brief summary of the City's needs as we understand them • Our suggested scope of work, closely based on the draft scope you provided to us this week • A summary of our not-to-exceed costs, broken out by task An itemized cost spreadsheet with our proposed hours breakdown and staffing detail follows as an attachment. Understanding of Need We understand that in May 2015 the City received notice of intent to circulate a petition for a citizen initiative asking voters to consider implementing a specific plan regulating future land uses in a 203-acre area between Cannon Road and the south shore of Agua Hedionda Lagoon. The expressed goal of the proposed new specific plan is to protect, conserve, restore, and/or enhance habitat resources and wildlife, while providing for the continuation of coastal agriculture and strawberry farming, consistent with the City's heritage. Key provisions of the proposed new specific plan would include in-perpetuity protection of some 177 acres (more than 85% of the plan area) for open space and agriculture. The remaining approximately 27 acres Oust under 15% of the plan area) would be developed to provide a pedestrian-oriented outdoor shopping, dining, and entertainment promenade envisioned as contributing to Carlsbad's traditional"village" identity and beach community character. Portions ofthe designated open space and agricultural land would be integrated into the specific plan area via low-impact public access and amenities such as , new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, and other amenities. The City is now requesting consultant support in reviewing and evaluating applicant-prepared materials that will be presented to City Council and the public for use in consideration of the Agua Hedionda South Shore Specific Plan initiative. As a citizen initiative, we understand that the project will be exempt from California Environmental Quality Act (CEQA) review, but that City staff would nonetheless like to ensure that voters are provided with information that enables them to assess the project's potential environmental outcomes in a manner generally commensurate with CEQA requirements. In the current drought, one area of known concern will be the project's potential impact on water usage. We also understand that the City wants to evaluate the 39221 Paseo Padre Parkway, Suite K, Fremont, California 94538 T 510.574.0820 F 510.952.3911 www.lecorporalion.com Ms. Christie Marcella Community & Economic Development, City of Carlsbad May 15,2015 Page 2 of 5 project's consistency with relevant local, state, and federal regulations and guidelines as well as current standards of engineering and design practice. We understand that City Council will begin consideration of this citizen initiative in early summer, so time is of the essence; reviews will need to be completed by June 12. Proposed Scope of Work Based on the draft scope of services you provided to us this week, we anticipate providing third-party review of the following materials. • Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail • Environmental Analysis for the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail Our review will focus on the following sections of the Environmental Analysis report. Other sections and materials will be reviewed in "reconnaissance" level of detail as needed to support our review of these sections. • Section 4.21 Water Service • Section 5.3.18 Utilities and Service Systems (Cumulative Impacts) • Related appendices, figures, and tables Our review is expected to comprise the following sequence of activities. • Task 1: Review Methodology-We will review the methodology used in the above named report(s) for adherence to City Guidelines; adherence to applicable regional, state and federal guidelines; and adherence to professional standards of practice. Review will include an evaluation of model inputs, loading factors, etc. • Task 2: Review Water/Recycled Water System Impacts-We will review the water/recycled water system impacts and analysis findings. Analysis worksheets will be reviewed for proper input and output interpretation. Project design will be evaluated for adequacy under current prevailing design practices for water and recycled water utilities, and will be analyzed for potential to impact the water/recycled water system. We assume that no new modeling will be needed for the review but can provide it under a separate authorization if desired. • Task 3: Review Report Recommendations and Conclusions-We will review the recommendations and conclusions in the above named report(s) and analyze the validity and feasibility of those findings. Analysis will be based on our own third party evaluation of the information presented in the above named report(s). • Task 4: Documentation-We will prepare a concise memorandum-format report designed as input to the City's "9212 report" that documents the findings ofthe water/recycled water system review conducted in Tasks 1 through 3. A draft report will be prepared and submitted to the City for review and comment no later than June 12, 2015. We understand that City staff will provide comments no later than June 19, 2015. Comments received from the City will then be addressed in a final impact report that will be submitted to the City no later than June 26, 2015. Our proposed budget assumes one round of review/revision, with a moderate level of comments, and receipt of all comments in a single collated set with any internal differences resolved. Comments received before, at, or after the Ms. Christie Marcella Community & Economic Development, City of Carlsbad May 15,2015 Page 3 of 5 "9212 report" presentation to the City Council will be responded to within (5) days following the meeting. • Task 5: Meetings and Coordination-We will attend a meeting to discuss the findings in the draft impact report and respond to questions. We will also be available to present findings at one City Council meeting and to attend at least one additional City Council meeting. Our attached cost estimate includes development of (1) draft plus final PowerPoint presentation for use at the initial City Council presentation. We will attend up to (3) additional internal project meetings related to the preparation ofthe impact report. Internal meetings are assumed to be 2-hours in duration with travel time from local offices to the City. Budget Overview Our estimated not-to-exceed cost to provide the base scope of services described in this proposal is $29,700. The table below shows costing by task, and the attached spreadsheet provides an itemized breakdown of costs by task. We propose to bill all costs on a time and materials basis in accordance with our current contracted schedule of charges, also attached. Our cost commitment remains valid for a minimum of 90 days from the date of this proposal. Costs by Task: Jrd-Party Peer Review Services-Agua Hedionda South Shore Specific Plan Initiative Task Tasks 1, 2, & 3: Review Methodology; Review Water/Recycled Water System Impacts; Review Report Recommendations and Conclusions Task 4: Documentation Task 5: Meetings and Coordination Total: Closing and Contact Information Cost $10,560 $ 8,040 $11,100 $29,700 IEC greatly appreciates the opportunity to present this proposal, and would be very happy to assist you with this important review. Please feel free to call or email me (510.574.0820 I abuising@iecorporation.com) if you have any questions or would like to adjust our approach; it is always our top priority to ensure that our services meet our clients' needs. Sincerely, Anna Buising, PhD, PG Principal, Environmental Services Attachments: Itemized Cost Breakdown Cost Estimate: Task Task 1: Review Methodology, Task 2: Review Water/ Recycled Water System Impacts, & Task 3: Review Report Recommendations and Conclusions Task 4: Documentation Task 5: Meetings and Coordination City of Carlsbad -Third-Party Peer Review Services, Agua Hedionda South Shore Specific Plan Initiative 15-May-15 Staff Buising Humphrey Staff Buising Humphrey Staff Buising Humphrey Labor Hours Rate 12 $200 16 $210 40 $120 Labor Subtotal: 12 4 40 $200 $210 $120 Labor Subtotal: 24 24 $200 $210 Labor Subtotal: Extended Cost Item $2,400 $3,360 $4,800 $10,560 None identified 5% mark-up $2,400 $840 $4,800 $8,040 None identified 5% mark-up $4,800 $5,040 $9,840 Travel 5% mark-up Direct Costs Cost $0 $0 ODC Subtotal: $0 Subtotal: $0 $0 ODC Subtotal: $0 Subtotal: $1,200 $60 ODC Subtotal: $1,260 Subtotal: -TOTAL: Task Subtotal $10,560 $8,040 $11,100 $29,700 ' t • t t • ' • ' ' • • • • t • • ' • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT A CIT\' OF CARLSBAD MASTER AGREEMENT CONSULTING SERVICES RATES FOR 2013-2015 HOURLYCHARGBRATEAND EXPENSE REIMBURSEMENT SCHEDULE Professional Environmental Engineering lntl·rn/Technician ............... S 75 lntl•rn/Technician ...................................... $ 70 C.\DD Designer 1/Engineer I ................ , 115 Env Specialist 1/I>rojcct Coord I ............. $ 100 Graphic Designer ....................................... $ 115 Technical Editor ......................................... $ 95 CADD Designer II/Eng.inecr JJ ............. $ 120 Lead Technical Editor ............................... $ 115 C:ADD Designer 111/Eng.inecr JJI .......... $ 130 (iraphic .\rtist ............................................. $ l 15 Designer/Project Engineer ...................... $ 1-Ml Env Specialist ll/Project Coord II .......... ¥ 1111 Scnim Project Engineer ............................ $ 165 Em· Specialist III/Project Coord III ....... $ 120 Senim Project Engineer Planning & IS .. $ 190 Project .Manager I ....................................... $ 1 30 Project Manager ......................................... S 190 Project Manager II ...................................... $ 1-Ml Senior Project Manager ............................. S 200 Senior Technical Staff. ............................... $ 1711 Principal ....................................................... $ 205 Senior Project Manager ............................. $ 195 Principal Planning & ]$ ............................. $ 215 Principal ....................................................... $ 21KI Surveying Construction * Principal Sun•eyut· ...................................... $ 165 Construction Inspector .............................. $ 115 Project Sun·eyor ......................................... ~ 1 ~tl Senior Construction Inspector ................. $ 1.30 Field-2 f\fan Crew ................................... $ 195 Resident Engineer ...................................... $ 145 Office-Sun·ey Drafting ............................. S 130 Con$u·uction Manager ............................... S 1711 Sr. Construction Manager ......................... $ 185 CM Coordinator ......................................... $ 1110 Administrative ,\sst Cf\1 Coordinator ................................ $ 80 .\dministrarive Clerk .................................. $ 70 \~'onl Proceswr/. \dmin Support ............ S 80 Sub-consultants will be billed at cost plus 10° o unlt'ss spccific.·d otherwise.· in the agreement . Reimbutsab1e Costs Reproduction, special photography, postage, dcliYcry scn·iccs, express mail, printing, travel, parking, and any other specialty sen-ices performed by subcontractor will be billed at collt plus 15° o • Mileage will be billed at the current IRS allowed rate . 1 I •idd personnel rates arc indusin~ of Ychiclc, mileage, phone, computer, etc. Inspection rates shown are for prevailing wage.· projects. Inspection rates for non-prevailing wage contracts are $15 dollars an hour less than the listed rate. Inspection rates for oYertimc are $30 dollars an hour more than the listed rate . 14271 Danielson Street, Poway, California 92064 T 858.413.2400 f 858.413.2440 www.iecorporation.com CA909 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.4 This rati ic iol) of the fourth Project Task D cription and Fee Allotment, is entered into on /,. ., s-: /. , but effective as of September 11, 2014, ratifying the Project Task Descri ti nand F e Allotment to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide JM Eagle brand pipeline research 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 October 7, 2014, ("proposal"), attached as Appendix "A" for the JM Eagle brand pipeline research, (the "Project"). The Project services shall include JM Eagle brand pipeline research. The Parties desire to ratify any scope of work already performed by the Contractor without the benefit of this Project Task Description and Fee allotment No. 4. 2. PROGRESS AND COMPLETION The retroactive Project Task Description and Fee Allotment of the Agreement is ratified. Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 5 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 14 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 a final invoice. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $3, 723.20. General Counsel Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT JM EAGLE BRAND PIPELINE RESEARCH Consultant conducted research (paper files, OMS, and CMWD digital files) to determine the locations of potable water pipelines installed with JM Eagle brand PVC pipe. Ron Kemp requested the research as information needed for a settlement agreement for defective pipe JM le. Executed by Contractor this 'J.-7 day of _.....,ac....:::c.:..../..L...:tr/,,__,_..e_· r _____ , 2014. CONTRACTOR CA909 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) <-y *By: i:ttft")(f;f/ety sign here)' Robert S. Weber I Vice President (print name/title) rweber@iecorporation.com (e-mail address) (name of Contractor) By:'})~~ I (sign here) Vicki Shaw I Secretary (print name/title) vshaw@iecorporation.com (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By:~~ for -Exeuti=ar erceAOFaiMaflegel Date: _lA-+-&1~·~,___· __ Patrick Thomas APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: p2J 91;, SSiSt8fltGeneratCOflSel General Counsel Approved Version 1/30/13 APPENDIX "A" SCOPE OF WORK PROJECT: JM EAGLE BRAND PIPELINE RESEARCH • Researching which CMWD potable water and recycled water pipelines were installed with JM Eagle brand PVC pipe. • Project involves researching pipe via paper records, DMS, and CMWD digital files. • This needs to be expedited to meet requirements for a class action settlement agreement for defective pipe. Professional Services 30 hours $120.00 hourly Reimbursable Expenses $123.20 Total Cost of Contractor's services for Project Task Desc. And Fee Allotment $3,600.00 $ 123.20 $3,723.20 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 5207 CA909 and Fee Allotment, is entered into on ~~'f::!9'-LL~~--7.__.....,.C.o<...L-.t-...,........::;-."-..;..L.-~~· pursuant to an Agreement between In r ructure En rneering Corporation, a California corporation, ("Contractor") and the rlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide civil 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 11, 2013, ("proposal"), attached as Appendix "A" for the La Costa Recycled Water Pipeline, (the "Project"). The Project services shall include utility research along El Camino Real and development of preliminary design for extended pipe alignment and bridge crossing. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (1 0) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year 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 monthly invoices. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $9,893. General Counsel Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT PROFESSIONAL ENGINEERING DESIGN SERVICES TASK GROUP NOT TO EXCEED AMOUNT 1. Utility_ Records Research $1 '125 2. Design PS&E $8,768 TOTAL (Not-to-Exceed) $9,893 Executed by Contractor this day of __ ___;:~~~J;...._t;..;~..;.._+-----' 2014. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) ' .. -) ........ *By: j(v,tr Y /t1ct/ (sign here) 2184~ ( T J. /£/(/, t' r ~/ ~ (print name/title) /tA/-f h-?r (j:' lfY't' r,;?()tl-( f-,c.,'l-7 · {. "·~ (e-mail address) INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: J/J& (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By tkv~ll~ ixeowtive MaRager er G&R&ral MaRa~eP Division Director APPROVED AS TO FORM: CELIA A BREWER, General Counsel Date: _....,/~.1-h..::z=-. 7.c...L../d4--S. ____ _ General Counsel Approved Version 1/30/13 December 11, 2013 Mr. David Ahles, PE Senior Civil Engineer City of Carlsbad Public Works -Engineering 1635 Faraday Avenue Carlsbad, CA 92008 APPENDIX A Re: La Costa Recycled Water Pipeline (Project No. 5207) Scope and Fee for Additional Services Dear Dave: This letter provides a scope and fee estimate for additional services related to the subject project. IEC has provided some design services for this project under one previous task order and one on-going task order for the City (PO Nos. 125866 and 126213, respectively). We understand from you (per your direction earlier this year) that the City would like to make changes to the project as follows: • Delete the design of the pipeline segment serving the La Costa Golf Course. • Discontinue the geotechnical investigation effort for the golf course pipe segment. • Downsize the pipe along El Camino Real to 8" diameter. • Extend the design for the pipeline segment about 500 ft south along El Camino Real to a point south of San Marcos Creek that is close to an existing Leucadia WD pipeline. • At the creek crossing, design the pipeline to be supported along the eastern side of the existing bridge structure. Some of the work associated with these changes has been accomplished under our current task order; please see my letter to you dated 12-10-13 for details of the scope adjustments under PO No. 126213. Per your request, the remaining work, which requires additional scope and fee, are to be covered under a new task order / purchase order. These additional tasks and associated assumptions are: • Extend the utility research along El Camino Real to encompass the new 500-ft pipeline segment. • Visit the project site to observe existing conditions. • Develop a preliminary design for the extended pipe alignment and bridge crossing at the creek. 14271 Danlel$on Street. Poway, California 92064 T 858.413.2400 F 858.413.2440 www.iecorporallon.com • Submit the preliminary pipeline plans (at approximately 60% design level) to the City for review and to SDG&E in order to obtain a focused utility conflict check. Incorporate City comments into the plans. • Revise the contract documents for the overall La Costa Recycled Water Pipeline Project to include the project deletions and added pipe length (including the structural design of the pipe supports that is being accomplished under the current task order). Submit revised 90% contract documents to the City for review. • Receive City comments, prepare and submit final contract documents. • Submittals will be in accordance with the requirements defined in the Project Task Description and Fee Allotment No. 1for Project No. 5207 (dated January 10, 2013). • We are assuming that no additional right of way services for easement acquisition or potholing will be needed for the added pipe length. To accomplish these additional tasks, we are requesting a fee of$9,893. Attached is a table that describes the fee breakdown for the additional services. These services will be performed in accordance with the terms and conditions of the Master Agreement for Water/Recycled Water Engineering Services between IEC and the City of Carlsbad (dated November 28, 2012), and the Project Task Description and Fee Allotment No. 1 for Project No. 5207 (dated January 10, 2013). Please advise if you have any questions about our approach and the information presented herein. We appreciate the opportunity to assist you with this project. Sincerely yours, ;to~v- Anders K. Egense, PE Senior Project Manager enclosure Sr. Project ,\'r. Project Task/ Principal Subtask T ask/Subtask Description Aianager Engineer $205.00 $200.00 $165.00 TASK A UTILITY RECORDS RESEARCH Utilitv Records Research 1 TASKB DESIGN PS&E -EL CAMINO REAL PL Pioc Design for Bridge Crossino 2 6 Revise 90 Percent Submittal 1 8 Additional Soecifications I 2 Revise Construction Cost Estimate 1 I Task Subtotal-Hours 0 5 18 Task Subtotal -Costs $0 $1,000 $2,970 La Costa RW Pipe Fee Split.xls FEE ESTIMATE City of Carlsbad-La Costa Recycled Water Pipeline Project Fee Breakdown for Additional Services Project Engineer Ill! EngineeriJ,' Principal Field Project Engineer/ CADl/1 CADI/ Designer Designer Designer Sun:eyor 2-AfanCrew Surveyor $140.00 $130.00 $120.00 $165.00 $195.00 $140.00 8 14 12 8 4 0 0 46 0 0 0 $0 $0 $5,520 $0 $0 $0 Page I of l Word Admin Subtask Subtask Direct Total Processor Clerk Labor-Hours Labor Cost Cost Subcontract Cost $80.00 $70.00 $1125 9 $1 125 $0 $0 $1 125 $8 768 22 $3 070 $0 $0 $3 070 21 $2 960 $138 $0 $3 098 3 14 $1 730 $25 $0 $1 755 6 $845 $0 $0 $845 3 0 72 $240 $0 :::::>-< $9,730 $163 $0 $9,893 TOTAL NOT-TO-EXCEED FEE: $9,893 12/10/2013 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 5208 CA909 This econd Project Task Description and Fee Allotment, is entered into on - / , pursuant to an Agreement between Infrastructure En ineering Corporation, a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional 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 May 20, 2013, ("proposal"), attached as Appendix "A" for the Recycled Water Phase Ill Pipeline Expansion Segment 18, (the "Project"). The Project services shall include preparing construction drawings, cost estimates, and a bid schedule for approximately 720 ft. of 8-inch pipeline and 1 ,200 ft. of 6-inch pipeline with irrigation services for future connection to onsite irrigation systems. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (1 0) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) 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 monthly invoices. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $20,240. General Counsel Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT PROFESSIONAL ENGINEERING DESIGN SERVICES Executed by Contractor this b~ day of __ _j..:::,:. ~u:.!:,.J::..:IS":=..,... _______ , 20~. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) *By: &u. flr/6 (sign here) 12oe.evt-l t,..S~ ExEc... vu.fi 012£S,'Ile>Jr /5o (print name/title) 1 /lw&BIM fJ TF u:>fPQA7l.,...l • U:>.M.. (e-mail ddress) INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By:y~~ {I) 't name/title) V.S/.\Aw@~~AD~ .~.oM (e-mail a dress) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By' '~"''" D'l" ~:J Dt!p't.--c~ 'P1Y~r APPROVED AS TO FORM: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 May 20,2013 Mr. David P. Ahles, P.E. Senior Civil Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 APPENDIX A Re: Proposal for Professional Engineering Design Services for Pipeline Expansion Segment 18 Dear Mr. Ahles: At the City's request, Infrastructure Engineering Corporation (IEC) is providing this letter proposal for professional engineering design services for design of Pipeline Expansion Segment 18. PROJECT UNDERSTANDING The City desires to expand the existing recycled water network to the area along Palmer and Impala Roads. The project shall consist of approximately 720 ft of 8-inch pipe and 1,200 ft of 6- inch pipe. New recycled water irrigation services shall be provided for future connection to the onsite irrigations systems by others. SCOPE OF SERVICES Task 1 -Surveying and Base Mapping IEC shall provide professional surveying for the project consisting of field design survey and base mapping with 1-foot contour intervals. Horizontal and vertical datums shall be NAD83 and NGVD29 (with an elevation conversion factor to NAVD 88) or as otherwise requested by the City. Existing easements, right-of-way, and property lines will be mapped per record information. Where accessible, rim and invert elevations of storm drains and sanitary sewers and other existing structures pertinent to the design will be field surveyed. Task 2-Prepare Construction Drawings IEC shall prepare a bid ready set of construction drawings and make milestone submittals at the SO%, 100% and Final levels for the City's review. The drawings shall depict the proposed pipeline construction work. The plan set shall consist of three (3) plan and profile sheets. Where appropriate, references will be made to existing Carlsbad Municipal Water District (CMWD) standard specifications. IEC's project manager, a registered Civil Engineer in the state of California and the Engineer of Record lor the project, shall sign and seal each original final drawing. Plans shall be prepared in AutoCAD on "D" size 24"x36" sheets on a City standard title block. Task 3-Prepare Cost Estimate and Bid Schedule At each milestone submittal, IEC will prepare and submit an engineers' opm1on of probable construction cost. A proposed bid schedule (bid item listing) will be provided with the final submittal. Mr. David Ahles, P.E. City of Carlsbad May 20,2013 Page 2 of 2 Task 4-Progress Meetings, Project Management, and Quality Management Plan Progress Meetings: IEC's project manager and project engineer shall attend two progress and coordination meetings with the City to discuss submittal review comments. IEC shall prepare meeting minutes within three working days following the meeting. Project Management: Project management tasks shall include schedule and budget maintenance, coordination with the City and other design team members. Quality Management Program (QMP): Provisions of our standard Quality Management Plan (QMP) will be implemented throughout the project. It is assumed the below items will be provided by the City: 1. A soils report shall not be prepared for the project. 2. A City standard T-patch shall be specified for trench restoration. 3. Traffic control plans shall be by the Contractor. 4. Available record drawings for public facilities including existing potable water lines, sewer, storm drains, street improvement plans, and site development grading and drainage plans shall be provided by the City. 5. Specifications and bidding documents shall be prepared by City. 6. Coordination with the County DEH and payment of any regulatory agency fees will be by the City. PROJECT SCHEDULE We will initiate the field design survey within three working days of Notice to Proceed and complete the work in accordance with the following schedule: Field Design Survey/Data Collection: Complete Base Mapping: Develop 50% Drawings: City Review: Develop 100% Drawings: Final City Review: Provide Final Deliverables: PROJECT FEE Week 1 Week 1 Week3 Week4 Week 5 Week6 Week 7 The proposed fee to perform the above described scope of services is depicted on the attached table. We are excited about the opportunity to serve the City and we are prepared to initiate the project as soon as authorized by the City. Anders K. Egense, P.E. Senior Project Manager Prmcipal Sr. Project TMki Manager A Subtask Task!Subtask Description R. Weher Egense $195.00 $190.00 TASK I SUVEYING AND BASE MAPPING TASK2 PREPARE CONSTRUCTION DWGS Plan and Profile 3 2 6 TASKJ PREPARE COST ESTIMATES AND BID SCHEDULES Cost Estimates 0.5 2 Bid Schedule 0.5 2 TASK4 PROGRESS MEETINGS, PROJ MGMT, MP 2 8 Task Subtotal -Hours 5 18 Task Subtotal -Costs $975 $3,420 Fee Estimate xis FEE ESTIMATE CITY OF CARLSBAD PIPELINE EXPANSION SEGMENT 18 Sr. Project Engineer 11 Project Field-2 man CADI! En1-:ineer Surveyor G D. n. Podiffa R. Maxwell Rush crew Nguyen $155.00 $125.00 $135.00 $]70.00 $115.00 17 9 14 4 40 8 I 4 I 4 8 6 56 17 9 22 $930 $7,000 $2,295 $1,530 $2,530 Page I of I Admin. Support A. Subtask Subtask Direct Total Moore Laboc-Hours Labor Cost Cost Subcontract Cost $75.00 40 $5,435 $1,210 $0 $6,645 $8,170 60 $8,070 $100 $0 $8,170 $2,265 7.5 $1,133 $0 $0 $1,133 7.5 $1,133 $0 $0 $1,133 2 20 $3,060 $100 $0 $3,160 2 135 $150 ___...___ $18,830 $1,410 $0 $20,240 TOTAL NOT-TO-EXCEED FEE: $20,140 5/2012013 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 5207 CA909 and Fee Allotment, is entered into on ':"""":~~f4-"'"--z!!:-+~~._...:.:-;,_,_--,-:--__ =-=:-:-' pursuant to an Agreement between I structure ngineering Corporation, a California corporation, ("Contractor") and the arlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide recycled water pipeline design 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 5, 2012, ("proposal"), attached as Appendix "A" for the La Costa Recycled Water Pipeline Design, (the "Project"). The Project services shall include design of 5,300 LF of 12" PVC along El Camino Real and 2,900 LF of 6" PVC along La Costa Golf Course. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager 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 twenty (220) 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 monthly invoicing, time and materials basis, and not to exceed seventy five thousand seven hundred eighty one dollars ($75,781). Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $75,781. General Counsel Approved Version 7/6/11 \Yr(/ \['0~ l1f TABLE 1 FEE ALLOTMENT RECYCLED WATER PIPELINE DESIGN TASK GROUP .· LUMPSUMFEE La Costa Recycled Water Pipeline Design $75,781 TOTAL (Not-to-Exceed) $75,781 L • Executed by Contractor this ..J!i_ day of ~~«Sc:M-, 20 I Z..... CONTRACTOR INFRASTRUCTURE ENGINEERING INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation CORPORATION, a California corporation (name of Contractor) (name of Contractor) *By: ···~··~ ~A By: y, 1w«v ,--~hhere . ' (sign here) v.J bw1 .;/P~/Je..st do/#iT':i. U/~1 /L.- ' (print name/title) I (print name/title),' P~1.se! a;.c:o-~v-<:<1-T;o.J ,wll'\ [WekrQ iec..)•fJor.t iz'dvz, ~ (e-mail address) (e-mail'address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of_ 1911, and a Subsidiary District of the City of Carlsbad By: Date: /-Jo~ /3 oep . Executiv· APPROVED AS TO FORM: RONALD R. BALL, General Counsel BY: _, ' '=1 A ./ -....._......... Lo { A o o o -0 .... Q General Counsel Approved Version 716111 APPENDIX A Scope of Services La Costa Recycled Water Pipeline Design Background The City of Carlsbad (City) is proposing to deliver recycled water to the La Costa Golf Course. This requires the design and construction of a pipeline from the intersection of Alga Road south along El Camino Real to a point just south of the golf course entrance and then east to a golf course irrigation pond (Project). The contract documents will be developed assuming one project that is subdivided into two project elements, each with its own bid schedule, as follows: • 5,300 ft of 12" PVC pipe along El Camino Real and associated appurtenances. • 2,900 ft of 6" PVC pipe along access roads and paths through the golf course, with a 4" flow meter and pressure reducing facility (in a pre-cast concrete vault structure with at-grade access hatches), a flow control valve and outlet structure for discharging into the golf course pond, and associated appurtenances. At one small creek crossing location, support pipe above-ground on piers. At another creek crossing, prepare design assuming the use of trenchless construction (horizontal directional drilling). Under a previous task order, Infrastructure Engineering Corporation (Consultant) was engaged by the City to prepare the contract documents for the facilities described above. Due to unforeseen schedule delays, only a portion of the work was completed (the 50% plans were prepared and submitted). The City has requested that Consultant complete the remainder of the work under a new task order. Described below are the services that Consultant will provide as a task order under the Master Agreement for Water/Recycled Water Engineering Services (dated 11-28-12). Scope of Servjces 1. General Tasks 1-1 Project Management Provide project management on an on-going basis during the project, monitor the budget and schedule, and provide regular status reporting to the City: a bi-monthly e- mail project status report and a monthly written progress report that accompanies each invoice. The reporting will include notification to the City of any budget or schedule issues. 1-2 Qualitv Control/ Qualitv Assurance Prior to submitting each deliverable to the City, and in accordance with IEC's established Quality Management Plan (QMP), perform a QA/QC review by a senior staff member that is not directly involved in the project. 2. Alignment Selection Completed under previous task order. Page 1 of6 12 -s -rz.. 3. Mapping & Surveying Completed under previous task order. 4. Utility Records Research Completed under previous task order. 5. Design Plans, Specifications, and Cost Estimate for El Camino Real Prepare the project design and other tasks below based on the alignment and configuration defined under Task 2. The plans and specifications will be prepared according to the following criteria: • Design drawings will be prepared in AutoCAD/Civil 3D. • City will prepare and provide the "front end" contract documents and General Provisions. • Street trench repairs will follow standard City requirements. • Submit a courtesy set of plans to County DEH at the 90% stages of completion. The design deliverables will be as follows: • 50 Percent Submittal: Completed under previous task order. • 90 Percent Submittal: ~ 5 Sets of full size plans (24" by 36") and 2 sets of half size plans ~ 1 copy of bid schedule and technical specifications ~ Table describing how the City's comments were addressed ~ Construction schedule ~ CD containing one set of pdf files of the submittal • Final Submittal: ~ 1 set full size mylars signed by the Consultant incorporating final City comments ~ 1 copy of bid schedule, bid item descriptions, and technical specifications incorporating final City comments ~ Opinion of probable construction cost ~ CD containing one set of pdf files of the submittal, the drawing AutoCAD files, and specification Word files. The drawings for El Camino Real Pipeline are anticipated to include: o Title sheet with vicinity map o General notes o Key map and Construction phasing notes o Pipeline plan and profile (approx. 6 sheets) o Pipeline connection details o Flow meter and pressure reduction facility -general site layout o Flow meter and pressure reduction facility -piping and mechanical Prepare limited project specifications with City Standard Specifications incorporated where applicable. Equipment and material details will be called out on the plans. Applicable City Standard Drawings will be included with the project specifications. Page 2 of6 Prepare an opinion of probable construction cost at the Final design stages that are broken down by the major items of work. The costs will be based on general unit construction cost factors and include a contingency factor commensurate with the level of design. Meet with the City to review the progress submittals (2 meetings). 6. Design Plans, Specifications, and Cost Estimate for Golf Course Pipeline & Facilities Prepare the project design and other tasks below based on the alignment and configuration defined under Task 2. The PS&E will be developed following the same criteria and design deliverables as described above under Task 5, but with these additional criteria: • Plot major golf course facilities on the plans and coordinate with golf course to resolve conflicts. • Golf course path repairs will be replace-in-kind. Golf course landscaping and irrigation will be relocated I repaired I replaced by golf course. • Submit the 90% plans to the City and Golf Course for review I comment. • The pipeline segment( s) to be constructed using horizontal directional drilling will be defined by a performance specification. The drawings for golf course pipeline and facilities will be included with the plans for the El Camino Real pipeline and are anticipated to include: o Pipeline plan and profile ( approx. 4 sheets) o Pipeline connection details (including connection to Leucadia WD pipeline) o Lake outlet facility and details Prepare a separate bid schedule and bid item descriptions for the golf course pipeline and facilities. Prepare project specifications specific to the golf course pipeline and facilities and incorporate them into the specifications for the El Camino Real pipeline. Equipment and material details will be called out on the plans. Prepare an opinion of probable construction cost at the Final design stages that are broken down by the major items of work. The costs will be based on general unit construction cost factors and include a contingency factor commensurate with the level of design. Meet with the City and golf course representatives to review their comments on the 90% progress submittals (1 meeting, in combination with Task 5 90% review meeting). 7. Right of Way Services for Golf Course Pipeline & Facilities Prepare plat map and legal description for one 20-foot wide permanent easement for the pipeline and associated facilities on the golf course property. 8. Additional Services The following subtasks were authorized by the City under the previous task order: 8-1. Geotechnical Investigation A geotechnical investigation will be accomplished with a focus on the creek crossing location where trenchless construction methods may be used for the pipeline through Page 3 af6 the golf course. The geotechnical effort will include: • Review background information including available geotechnical reports, topographic maps, geologic maps, and aerial photographs. • Perform a reconnaissance of the proposed pipeline alignment and the site of the creek crossing. Mark-out boring locations for utility clearance by Underground Service Alert (USA) at the trenchless crossing. • Coordinate with City and golf course personnel regarding fieldwork. It is assumed that no City permits, special environmental protection (e.g. erection of sound walls) or landscape restoration measures are required for performance of the fieldwork. • Obtain County of San Diego Department of Environmental Health (DEH) boring permit. A DEH property owner consent form will be submitted to the City for signature by the property owner. • Excavate, log, and sample one exploratory borings located at the creek crossing. The boring will be advanced using a truck-mounted hollow-stem auger drill rig. The boring location is assumed to be drive-up accessible with a 2-wheel drive truck mounted drill rig and other vehicles. The boring will be drilled to a depth of up to 50 feet below the existing ground surface (or refusal). It is intended the boring will be advanced to a depth of approximately 5 to 10 feet below the proposed pipeline invert. Bulk and in-place samples of the encountered soils will be collected and transported to our in-house geotechnical laboratory for testing. If ground water is encountered, the water level will be measured at the time of drilling. The boring will be backfilled in accordance with DEH requirements. Soil cuttings will be disposed of on-site or at a nearby location provided by the City. • Perform geotechnical laboratory testing on selected samples to evaluate geotechnical parameters. Testing will include in-situ moisture content and dry density, grain-size analyses, and shear strength. • Compile and analyze the data obtained from the background review, field exploration, and laboratory testing. • Prepare a limited geotechnical evaluation report that will include the findings, conclusions and recommendations for design of the proposed pipeline. Three hardcopies and one PDF of the summary report will be submitted to the City. 8-2. SWPPP Preparation Prepare a Storm Water Pollution Prevention Plan (SWPPP) by a Qualified SWPPP Developer (QSD) in accordance with the requirements of the Order No. 2009-0009- DWQ/2010-0014-DWQ Construction General Permit (CGP) at the 90% and Final design milestones. This task will entail: • Prepare SWPPP (Risk Level 1 or 2 is assumed). • Prepare a template Rain Event Action Plan (REAP). • Prepare a Construction Site Monitoring Plan (CSMP). • Assist the City in the filing of the Notice of Intent (NO I) into the State Water Resources Control Board S.M.A.R.T.S System. Page4 of6 Schedule The services will be completed based on the following approximate schedule assuming an NTP on or before December 3, 2012, two-week City review periods, and timely arrangement of meetings and responses to information requests: 90% Submittal 6 Weeks from NTP Final Submittal 3 weeks from receipt of 90% comments Compensation The services described above will be provided on a time and materials basis per the attached fee schedule. Invoices will be rendered monthly and will list the staff categories and hours expended per major task, with extensions, and reimbursable costs. A written progress report will accompany each invoice. Assumptions 1. The Project will be prepared as one bid package using a conventional design-bid-build delivery method with the project elements subdivided into two separate bid schedules. 2. Pipe diameters and flow rates are defined by the City. Hydraulic modeling and hydraulic transient analysis is not required. 3. The City will provide all services associated with appraising, negotiating and acquiring property and easements. 4. City will pay for permit, plan review and recording fees. 5. City will coordinate with golf course to obtain access permission for surveying, geotechnical investigation and general access during design. 6. Project is subject to prevailing wage requirements and rates. Certified payroll and other special accounting services are not included in this scope of services. 7. The General Provisions will require that traffic control plans be prepared by the contractor and submitted to the City for review and approval. 8. The City is preparing and processing the environmental document (a Mitigated Negative Declaration), Special Use Permit for work in Floodplain, and other regulatory agency permits. 9. As-built plans will be relied upon for locating pipeline connection points. Potholing of existing utilities is not required. 10. Support services during the bidding and construction phases, including submittal reviews, engineering support, construction management, administration and inspection services, and storm water construction site monitoring services by a qualified QSD/QSP, are not included, but can be added upon mutual written agreement. 11. The need for relocation of other utilities is unknown and therefore the agency coordination and design efforts have not been included in this scope of services. If such services are required, these services can be added upon mutual written agreement between parties. 12. Consistent with the professional standard of care and unless specifically provided herein, Consultant shall be entitled to rely upon the accuracy of data and information provided by City or others without independent review or evaluation. 13. Any Opinion of the Construction Cost prepared by Consultant represents its judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no Page 5 of6 control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 14. Since Consultant is not licensed in regards to hazardous materials, Consultant shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the Project. In the event that City becomes aware of the presence of asbestos or hazardous material at the jobsite, City shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify Consultant. Consultant shall be entitled to cease any of its services that may be affected by such presence, without any liability to Consultant arising therefrom, and shall assist the City in identifying a different consultant that can assist the City with such materials 15. The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property. Consultant shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responsibility of the construction contractor. Consultant shall not have the authority to stop or reject the work of the construction contractor. Page 6 o/6 FEE ESTIMATE City of Carlsbad-La Costa Recycled Water Pipeline Project Sr. Project Sr. Project Project Engineer Ill/ Engineer Ill Principal Field Office -Swvry Wonl Admin. T.,.; Principal Engineer/ CAD lll CAD II Mapping! Subtask Subtask. """" Total Subtask TaskiSubtask Description Manager Engineer Designer Designer Surveyor 1-Man Crew Drafting Processor Clerk Labor-Hours Labor Cost Co• Subcontract Com Designer S\9S.OO $\90.00 SISS.OO SI3S.OO $\2S.OO $1\S.OO $160.00 $190.00 $13S.OO $1S.OO $6S.OO TASK I GENERAL TASKS 730 1.1 Pro "ect """" 2 13 12 27 $3 640 $25 $0 $3 66S 1.2 ControV ""' A=~ 16 16 $3040 $25 $0 $3 06S TASK2 ALIGNMENT SELECTION so Co letedundes" ous task order $0 TASK3 MAPPING & SURVEYING so Completed under previous task order 0 $0 $0 $0 $0 TASK4 Uilll1Y RECORDS RESEARCH S\1 Co leted undel" us task order 0 $0 $0 $0 $0 TASKS DESIGN PS&E-EL CAMINO REAL PL "' .. SO P=t Submittal-Co Idol 0 $0 $0 $0 so 90 Percent Submittal 8 16 67 91 $11 70S $200 $0 $11 90S F"mal Submittal 2 2 12 24 4Q ss 390 $200 so ss S90 s tiODll 3 6 6 1$ $1 66S '" $0 $1 7\S Construction Cost Estimate 2 4 6 $810 $0 $0 $810 Review Meet" swithC" 2 8 8 16 S2 760 '" $0 $2840 TASK6 DESIGN PS&E ·GOLF COURSE PL $24 596 SO P=t Sulmittal-Co Idol 0 $0 $0 $0 $0 90 Pttcent Sulmittal 8 24 81 113 $\4 sss $\SO $0 $14 70S F"mal Submittal 2 2 6 12 22 $3 080 $166 $0 $3 246 s lions 10 20 8 38 $4 6SO $$0 $0 $4700 Construction Cost Estimate 3 6 9 $\ 2\S $0 $0 Sl 2\S ReviewM with Ci &Golf Course I 2 2 4 $690 $40 $0 $730 TASK7 ROW FOR GOLF COURSE FACILmES $2755 ROW Services 2 12 14 $1 930 $82S $0 S2 1SS TASKS ADDmONAL SERVICES S1 ... 8.1 Geotechnical Invest" ation 4 4 4 4 16 S2 180 $0 $12 6SO $14 830 8.2 Stormwater Co liaoce SWPPP 4 24 2 30 $4010 $0 $0 $4010 Task. Subtotal-Hours 6 63 96 28 36 184 0 0 12 16 16 4$7 Task Subtotal-Costs $1,170 $11.970 $14,880 $3,780 $4.500 $21,160 $0 $0 $1,620 $1,200 $1,040 $61,320 $1,811 Sl2,6SO $75,781 TOTAL NOT-TO-EXCEED FEE: $75,781 Carlsbad La Costa RW Pipe Fee 12-6-12.xls Pagelofl 121612012 CA909 MASTER AGREEMENT FOR WATER/RECYCLED WATER ENGINEERING SERVICES {INFRASTRUCTURE ENGINEERING CORPORATION) THIS AGREEMENT is made and entered into as of the otJ7iZ,; day of ~~ , 20 /~ by and between the CARLSBAD MUNICIPAL WATER DISTCT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a engineering consultant that is experienced in water/recycled water 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 water/recycled water engineering. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 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 CMWD 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 Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager"). The Executive Manager (or designee) or General Manager 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 CMWD inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. General Counsel Approved Version 2/17/12 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, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad 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 2 General Counsel Approved Version 2/17/12 caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 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 CMWD). $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 CMWD'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. CMWD's Initials Contractor's Initials D If box is checked, Professional Liability 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 General Counsel Approved Version 2/17/12 1 0.2.1 CMWD will be named as an additional insured on 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at 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 CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 4 General Counsel 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 CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name Glenn Pruim Title Utilities Director Dept Utilities Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad CA, 92008 Phone (760) 602-2768 For Contractor: Name Anders Egense Title Senior Project Manager Address 14271 Danielson Street Phone Email Poway, CA 92064 (858) 413-2400 aegense@iecorporation.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the Clerk for the City of Carlsbad 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 CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such 5 General Counsel Approved Version 2/17/12 cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance. of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 6 General Counsel Approved Version 2/17/12 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 2/17112 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 ,2s-day of 5 t!.£~ , 20 I .1-. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation By: ")~~ r (sign here) vl "~ ;; ""4 .J I~.._ ere.--~~"').. (print namehitlef --, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of t~e City of Carlsbad By: _./] II 1 I /!/' ATTEST: LO Secretary ·-...:·o=. -cn:o ~;c;,;:: ;: ....!\ .:~:: ~ ~.;· •• C'-1[ \\''"···~ .. ::: ... ,. v ···.!!'.~~/ v ,, // ,, // ,, ''''""''''' If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: , ' , _,. • < ..__ -y::= 17 -- 8 General Counsel Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • County of SfJrN D 1 £?? () } State of California . . On SEPT. :25;J..OQ before me, NAMA(M. CA&Lfj.' ..Vz;aJ-J'{Xc ~U/3l.IC Date Here nsert N me and Title of the icer personally appeared PflF5'rot{ f{ L.l:WJS Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(~ whose name~) istafe subscribed to the within instrument and acknowledged to me that he/shg/tl=ley executed the same in his/bgr/tl=letr authorized capacity(~. and that by his/ber/.tbeir signaturets) on the instrument the person(~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL----~~---------------- Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ______________________ -----?£.____ _______ _ Document Date: ___________________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer -Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or 0 Other:-------::~---- ..-5igner's Name: ______________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Gall Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California } County of 5PrN Dl F00 on SePT.% d-Ol~ before me, L./c Date personally appeared . r Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(et whose name(&) is/a~=e subscribed to the within instrument and acknowledged to me that -Ae/she/~ executed the same in -A+slher/tAsir authorized capacity~. and that by .fHs/her/tAeir signature~ on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ... Signature/ vmq I ~/"?q~· /., -~·~ ·:::-~-"1 ...... _4 ..... #""' .... ,.., OPTIONAL------~---------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ----------------------'"7""-'-------- Document Date: ___________________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Individual [J Corporate Officer-Title(s): 0 Partner -D Limited 0 General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -----r----- RIG~7 THUMBPRINT OF SIGNER Top of thumb here -gner's Name: ______________ _ 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner-D Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ' t t t t t t t t ' ' • t • t t • • • • • • • • • • • • • • • • ' • • • • • • • • • • EXHIBIT A lnli!'J>Jt; l<!fl l' ,f:lj 'l•l ,, ·!, 'il CITY OF CARLSBAD l\1ASTER AGREEMENT CONSULTING SERVICES RATES FOR 2013-2015 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intt•rn/Tcchnician ............... $ 75 C \D D Designer I/ Engineer I ................ $ 115 Craphic Designer ....................................... $ 115 CADD Designer II/Engineer II ............. $ 120 C\DD Designer lii/Engineer III .......... $ 130 Designer/Project Engineer ...................... $ 140 Senior Project I ~ngineer ............................ $ 165 Senior Project Engineer Planning & IS .. $ 190 Project Manager ......................................... $ 190 Senior Project f\1anager ............................. $ 200 Principal ....................................................... ~ 205 Principal Planning & IS ............................. $ 215 Surveving Principal Surveyot· Project Sun·eyor Field -2 !\Ian Crew Office-SmYey Drafting Administrative $ 165 ~ 1-J.O $ 195 $ 130 .\dministmtive Clerk .................................. $ 70 \\'ord Pmceswr /, \dmin Support.. .......... $ 80 Environmental Intern/'l'echnician ...................................... $ 70 Env Specialist I/Project Coord I ............. $ 100 Technical Editor ......................................... $ 95 Lead Technical Editor ............................... $ 115 Graphic .\rtist ............................................. $ 115 Env Specialist II /Project Coord II .......... $ 110 Em· Specialist III/Project Coord III ....... $ 120 Project Manager I ....................................... $ 130 Project f\lanager II ...................................... $ 1-J.O Senior Technical Staff ................................ $ 170 Senior Project Manager. ............................ $ 195 Principal ....................................................... $ 200 Constmction * Constmction Inspector .............................. $ 115 Senior Construction Inspector ................. $ 130 Resident Engineer ...................................... $ 145 Construction Manager ............................... $ 170 Sr. Construction Manager ......................... 1!i 185 Cl\1 Coordinator ......................................... $ 100 .\sst CM Coordinator ................................ $ 80 Sub-consultants will be billed at cost plus 10° o unless specified otherwise in the agreement . Reimbursable Costs Reproduction, special photography, postage, delivery se1Yices, express mail, printing, travel, parking, and any other specialty serdces performed by subcontractor 'vill be billed at cost plus 15° o . Mileage will be billed at the current IRS allowed rate . 1 Field personnel rates are inclusin of vehicle, mileage, phone, computer, etc. Inspection rates shown are for prevailing wage projects. Inspection rates for non-prevailing wage contracts are $15 dollars an hour less than the listed rate. Inspection rates for m·ertime are $30 dollars an hour more than the listed rate . 14271 Danielson Street, Poway, California 92064 T 858.413.2400 F 858.413.2440 www.iecorporation.com