Loading...
HomeMy WebLinkAboutKennedy/Jenks Consultants Inc; 2007-01-02;AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR ENGINEERING SERVICES FOR EL CAMINO REAL WATER MAIN, PROJECT NO. 3843 (KENNEDY/JENKS CONSULTANTS, INC.) This Amendment No. 2 is entered into and effective as of the I Cf day of , 2QQj£_, extending the agreement dated January 4) 2007 (the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and Kennedy/Jenks, Inc., a California corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On March 14, 2007, the Parties executed Amendment No. 1 to the Agreement to perform additional engineering services; and B. The Parties desire to extend the Agreement for a period of one (1 ) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1 ) year ending on January 1 , 2009. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. General Counsel Approved Version #07.05.01 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR KENNEDY/JENKS, INC., a California corporation (print name/title) yi£E-RBESlDENT (sign here) DONALD R. WEIDEN SECRETARY (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidia/9) District ;gf $e City of Carlsbad By: Preslflen designee ATTEST anager or RRAINEi ecretary WOOD dj (e-mail address) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: Deputy General C5unsel General Counsel Approved Version #07.05.01 PWENG587 AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES FOR EL CAMINO REAL WATER MAIN, PROJECT NO. 3843 (KENNEDY/JENKS CONSULTANTS, INC.) This, Amendment No. 1 is entered into and effective as of the /'V day of MfYVi aC* V"\ , 200^_, amending the agreement dated January 2, 2007 (the "Agreement") by and between the Carlsbad Municipal Water District, , a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and Kennedy/Jenks Consultants, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for engineering services. RECITALS A. The Parties desire to alter the Agreement's scope of work to perform additional potholing; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed five thousand one hundred dollars ($5,100). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" within four (4) weeks of the date of issuance of the purchase order. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. General Counsel Approved Version #07.05.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KENNEDY/JENKS, INC., a California corporation y' CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1 91 1 , and a Subsidiary District of the City of Carlsbad (sign here) DAYIDD, KENNEDY (print name/title) President, Executive Manager or designee ATTEST: (sign here) DONALD R. WEIDEN SECRETARY (print name/title) .xx*"""/,./;^%, |\§ •' (e-mail address) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, 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 Deputy General Counsel General Counsel Approved Version #07.05.01 Page 1 of 1 EXHIBIT "A" Sherri Howard - El Camino Real Transmission main From: "Matt Tebbetts" <MattTebbetts@KennedyJenks.com> To: <showa@ci.carlsbad.ca.us> Date: 02/12/2007 4:40 PM Subject: El Camino Real Transmission main Sherri We've reviewed the conflicts at Cougar and recommend 5 more potholes. We need to be sure we can avoid a telephone duct, fiber optic cable and stay clear of the existing 20" water line in that area. We want to pothole the existing 20" water line at three locations and a telephone duct at two locations at Cougar St. The cost of the additional potholing is $5,100. Once the potholes have been completed, we can realign the pipeline within the engineering budget we set for the drawing modifications. Let me know if you would like to see a layout of the problem utilities and the proposed pothole locations. Matt A. Tebbetts P.E. Kennedy/Jenks Consultants 16855 West Bernardo Drive Suite 360 San Diego CA 92127 ph 858-676-3620 main office line ph 858-676-7506 direct line fax 858-676-3625 cell 858-335-6889 file://C:\Documents and Settings\showa\Local Settings\Temp\GW}00001 .HTM 02/13/2007 AGREEMENT FOR ENGINEERING SERVICES FOR EL CAMINO REAL WATER MAIN (KENNEDY/JENKS CONSULTANTS, INC.) THIS AGREEMENT is made and entered into as of the c- day of ^, 20A^_, by and between the CARLSBAD MUNICIPAL WATER, _ DISTRICT, Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and KENNEDY/JENKS CONSULTANTS, INC., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a civil engineering contractor that is experienced in design of water pipelines. B. Contractor has the necessary experience in providing professional services and advice related to water pipeline design. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. General Counsel Approved Version #04/02/02 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty six thousand one hundred dollars ($26,100). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version #04/02/02 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this 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. Insurance shall be placed with an insurer that is an admitted carrier in the State of California with a rating in the most recent Best's Key Rating guide of at least A-:VII, OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at least A:X. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. General Counsel Approved Version #04/02/02 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. General Counsel Approved Version #04/02/02 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. However, Contractor shall retain all intellectual property, including copyrights in the work product produced for CMWD under this Agreement. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: For Contractor: Name William Plummer Name Title Deputy City Engineer Title CARLSBAD MUNICIPAL WATER DISTRICT KENNEDY/JENKS CONSULTANTS, INC Address 5950 El Camino Real Address 16855 W. Bernardo Drive, Ste. 360 Carlsbad, CA 92010 San Diego, CA92127 Phone No. (760) 602-2768 Phone No. (858) 676-3620 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWDs Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. General Counsel Approved Version #04/02/02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. General Counsel Approved Version #04/02/02 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 CMWD to terminate this Agreement. General Counsel Approved Version #04/02/02 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. General Counsel Approved Version #04/02/02 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KENNEDY/JENKS CONSULTANTS, INC., a California 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: TX (sign here) P. KENNEDY President, Executive Manager or (print name/title) (sign here) DQMALD R. WEtDEN .SECRETARY (print name/title) Secretary (e-mail address) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By:.AIL )eputy GeneraPCounsel 9 General Counsel Approved Version #04/02/02 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for CMWD and at what price. General Counsel Approved Version #04/02/02 10 EXHIBIT "A" 7 November 2006 Sherri Howard Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOV 1 3 2006 ENGINEERING DEPARTMENT 16855 W. Bernardo Drive Suite 360 San Diego, California 92127 858-676-3620 FAX 858-676-3625 Subject: Contract Documents Modifications El Camino Real 24" Transmission Main and Flow Control Structure K/JB1087 Dear Ms. Howard: We are pleased to submit our proposal to modify the plans and specifications for the El Camino Real 24 inch Transmission Main and Flow Control Structure. Our proposal has been developed from information you provided at our recent meeting and provided by the City of Carlsbad operations staff by e-mail. The modifications are needed to account for utility changes that have occurred since we issued signed drawings in June 2003. The modifications are summarized on the attached Exhibit A. All sheets, with the exception of the nine traffic control drawings, will be reissued and sealed. Our proposal is based on the following assumptions: 1. Two project meetings will be conducted with city staff. 2. Recently constructed utilities will be determined by walking the alignment and submitting the drawings to each utility requested updated information and comments on the drawings. 3. The transmission main alignment is adequate for construction and alignment redesign is not required to accommodate special shutdown limitations. 4. Revised construction notes will be provided electronically by Carlsbad. 5. A revision of the 24" transmission main profile is required at Cougar Road to avoid the new 12" PVC recently installed across the new main. 6. Add relocation of the new water service connection at station 11+34. p:\cansbad mwd\elcatnino real vraierline\oc[2006 - newintescope 8 fee\2006_11..02- fee-proposal.doc Sherri Howard City of Carlsbad 7 November 2006 Page 2 7. Pothole fiber optic and telephone duct near new flow control structure. Realign 24" transmission line if sufficient separate between these utilities is adequate. 8. Remove fire hydrant reconnection in El Camino Real at station 16+74; cap and abandon in place existing fire hydrant lateral; include removal of existing fire hydrant for delivery to city. 9. Add the replacement of curb and gutter and sidewalks between Faraday Avenue and the new flow control structure. Notes will be added to indicate the limits of removal and replacement. Profiles of the existing and new curb and gutter will not be provided. Bid items for the replacement in-kind will be added to the bid proposal. 10. Revise telemetry design by deleting telephone connection and adding radio connection. Kennedy/Jenks Consultants assumes the radio system specifications will be provided by Carlsbad for insertion into the contract documents. 11. Specific hose bib location and connection details will be provided by Carlsbad. 12. No additional detail will be provided for the 6" steel intake vault air line; the contract documents are consistent with the Carlsbad standard drawings for meter vaults. 13. No additional details will be provided for the magnetic flow meter, motor operated plug valve and pressure transducer; these items are addressed in the specifications and details will be provided in the contractor's submittals. 14. Update the cost opinion to current construction costs; add replacement of curb and gutter and sidewalks. 15. Provide 3 copies of a draft submittal and 3 copies of final submittal along with sealed mylars and a photo ready set of specifications. Electronic copies of the contract documents will also be provided. Attachment A provides the estimated engineering and CADD hours required for each drawing. Our proposed fee for the additional engineering services is $26,200 as summarized on Attachment B. We are prepared to complete the additional services within 5 weeks after receipt of the notice to proceed. Please call me if you have any questions. Very truly yours, p:\carlsbad mwd\el camino real waleilme\oct2006 - new info\scope & fee\2006_11_02- fee-proposal.doc Sherri Howard City of Carlsbad 7 November 2006 PageS KENNEDY/JENKS CONSULTANTS Matf A. Tebtfetts Principal Engineer Enclosure p:\carlsbad mwd\el camino real wateiline\oct2006 - new info\scope & fee\2006 J 1_02- fee-proposal.doc Exhibit A El Camino Real 24" Transmission Main and Flow Control Structure Drawings sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Task Revise Directors names, date Replace general notes, rev std water notes add new water meter connection; add new water crossing, revise profile; add AAR and MAR at sta 3+71 add new water crossing at sta 1 1 + 34 (per ops notes); add curb & gutter, sidewalk replacement notes; evaluate 24" jog via potholling of cable TV; delete hydrant on ECR; remove fire hydrant connection; abandon existing lateral at station 1 6+74; complete potholes on FO & AT&T duct, realign 24" transmission main revise fire hydrant connection detail revise plan view for realigned 24" transmission main revise pressure transducer detail-add tee add radio notations replace telephone board w/ radio board: add radio tower base; revise signal plan for radio revise grinding detail; revise grinding limits; misc notes changes revise construction notes no change no change no change no change no change no change no change no change no change Engr hrs 12 10 1 1 1 8 1 CADD hrs 1 3 18 30 6 4 8 3 16 8 3 34 100 P:\Carlsbad MWD\EI Camino Real Waterline\Oct2006 - new info\scope & fee\2006_11_02-fee-est-ELR fJi|b$i@006 w+ 0)coO c0) <cc o *:o a> a H LU O c JSD. IS •5 o Oin (U HI roCOOao C o2 -a I O <°S3 8 3 Z £ £ sasuadxg + joqei |B)oi sasuadxt JBJOJ. d»*.N a -co _, dn>)JB| * -qns rt= xaivC/] -3 Joq«r| |B)O _ I t- }sissv "U|iupv •ujiupv joafojd S-PS- U3 «*, S-JOS-6U3 8-JOS-6U3 1g 3 i K T-" -2r 2J iE T O ^0)3 cg 8 V IT^V « ow in eg >o r- ...j ^ ! ] siD iQ_ ^3i d VIs£§i i o| c1 r- • L ! T- j V * <0 1 « i *1 !OI Cr-r vto_i I i O i C; oo : y^ I I!| j i Oi 05| « i if1 ij of" ' T— '- in! **! S I tfl ! *- W! (0! -r- j W [ "*! 0 j i i i j I I iI 8 i i \ >iI 1 I1 ! ! i: j 1 I O 1£ I §!._ ! i !§t ii I ifl \&\cJ I cq S c^i i 3 o! uW Q-i CO > o> r- t»O!" J | | i1i i| — "oN l W ^ t P3 •* ^ 00 ^* f g •S a 1 1 : revise sped: revise cost o• "? 3C H i 3 C •^ ^ OT : QA/QCCO < W < 1 (•& ; 10 ^ '1 o ou 00 ££ £ Si ^1 1 ' "i, 1 * 1cev ** < LO I— | O O LO BO It! C tfin § State of California County of ss. On 1?.- \-5L-aDOCg before me, personally appeared Dono-U £ . Name and Title f Officer (e.g., " ctwA M 1Name(s) of Signer(s) H-p"ersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -hts/her/their authorized capacity(ies), and that by hio/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AACgewxevxT Votf £.r\A'gSerVVCe£ * Q OtXVYvmo "gjen-A V-* 3~-3 ~ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: £>gA<a,U %- D Individual ^ Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: eK>: l<l W Number of Pages: I O D- , . V ICe r\6U w RIGHITHUMBP^INJ Top of thumb here ^ IA.C. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cnatsworth, CA 91313-2402 • www.NationalNotary.org Reorder: Call Toll-Free 1 -800-876-6827