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HomeMy WebLinkAboutTY LIN INTERNATIONAL; 2012-10-24; UTIL947UTIL947 AGREEMENT FOR ENGINEERING SERVICES (T.Y. LIN INTERNATIONAL) THIS AGREEMENT is made and entered into as of the cQZ-f^ day of DryfTob^^ . 2012, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and T.Y. LIN INTERNATIONAL, a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a civil engineering firm that is experienced in potable water pipeline design related improvements and preparation of plans, technical specifications, and construction cost estimates. B. Contractor has the necessary experience in providing professional services and advice related to potable water pipeline engineering. C. 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 or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. General Counsel Approved Version 2/17/12 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be fifteen thousand two hundred fifteen dollars ($15,215). 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 pnor written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. General Counsel Approved Version 2/17/12 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-:VH", 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 approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 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. I I If box is checked, Professional Liability CMWD's Initials Contractor's Initials Insurance requirement is waived. 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 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 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. General Counsel Approved Version 2/17/12 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD Name Title Sherri Howard For Contractor Name Patti Boekamp Associate Engineer Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2756 Title Address Phone E-mail Associate Vice President 404 Camino del Rio South, Suite 700 San Diego, CA 92108 619-692-1920 patti.boekamp@tylin.com General Counsel Approved Version 2/17/12 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Confiict 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 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 othenA/ise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. General Counsel Approved Version 2/17/12 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 othen^^ise 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 seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 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 General Counsel Approved Version 2/17/12 any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 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 CARLSBAD MUNICIPAL WATER DISTRICT, T.Y. LIN INTERNATIONAL. f P^.^''^ Agf ^^y organized under the a California corporation "^ZS^^^^ (sign here) President or Executive Manager / ^Division Director as authorized by fT)^ CJLAS^ f^jjCl^C^/V^Ce "ft^^g^r Executive Manager |\g| (print name/title)^ igz ATTEST: "^^i!!^/ By: (sign here) LORRAINE M. WOOD ^^.^n f^nn'o/ 6e^f}o ^ Secretary (print name/tftle) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: Assistant General C&unsel General Counsel Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } before me, • Dat* h(ere Insert Name and Title of the Officer f personally appeared Name(s) of Signer(s) CATHY SALAS | Commlstton # 1972710 | Notify Public-CiHfomli | iV^«-«/ San Diago Coitiity | Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary 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:. A^^ffeeme^ritSen/toes (^::^^^^^^^^^ r>«+«. lUliol -^A^ I -i Number of Pages: Q Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual Signer's Name: • Individual Q^orporate Officer — Title(s): \ACfc. n^ld'eyTr' • Corporate Officer — Title(s): • Partner — • Limited • General •.]uiy^ji|||i|.|j.i|uj D Partner — • Limited • General • Attorney in Fact ||||ESg^ni3i|| • Attorney in Fact • Trustee • Guardian or Conservator • Other: Top of thumb here Signer Is Represenjing: ^ • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402* Chatsworth, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 ACKNOWLEDGMENT State of Califomia County of San Francisco} On October 19. 2012. before me, Hanh Tran. personally appeared Veronica Fennie. Secretarv. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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 HANH THI TRAN' [ COMM. #1915655 z Notary Public - California § San Francisco County My Comm. Expires Dec. 7^2024 [ T¥UfMl!srrERh4ATI0NAL EXHIBIT "A' engineers ! cbnners ! scientists October 16,2012 Sherri Howard Associate Bngin^ City of Carlsbad Utilities Department 1635 Faraday Avenue Carlsbad, CA 92008 760-602-2756 Re: Proposal for Park Drive Waterit^^ improvements Dear Ms. Howard: We are pleased to submit a scope of work and fee estimate for professional services related to the Park Drive Wateriine In^jrovement project PRO.IECT UNDERSTANDING The wateriine owned by CMWD and the storm drain system improvements owned by the City of Carlsbad will be subject to separate contracts, but will have a common plan set and specification deliverable. The bid schedule and opinion of probable construction cost will be separated for the purposes of separate accounting. TMs letter of proposal covers the Park Drive Wateriine Improvements scope of work. AECOM is currently incOTporating conunents on the 100% plans fcff this project. Due to the Project Manager and Engines of Record, Mr. Greg Keppler, leaving AECOM to join T.Y. Un Interaadona] (TYLI) and project issues remaining such as extensive groundwat^, geoteclmical issues and other areas of concem with regard to utilities, there is a need to continue his services to complete this project through the bid service phase. AECOM would continue to serve the project with CADD support through Pre-final submittal. City PM will obtain final CADD files fi-om AECOM and provide them to TYU. TYU would prepare the construction docun^nts and assist with bidding. To date, AECOM had submitted 100% plans and estunate but bid schedule and specifications had not been prepared (per City*s direction at the time). Therefore, the plans and estimate require one more submittal; while Ae specifications and bid schedule require two (draft and final). An AHkimnve Ac^ / EqH/a/ Qsportunny En^^ktyw AI^/EW 404 Camino del Rio South, Suite 700 | San Diego. Califomia 92108 | T 619.692.1920 | F 619.692.0634 | www.tytin.com Page 1 of4 SCOPE OF WORK Task 1.0-Prq^F!DidPliiii8,S|ieclfioi^^ ^S&M) ta& Ll - Praf are 0iial FS&E SNibmittal ConQdete lespcKises to City comEoents on Flans and ptepare final submittal for plans and opiiiton of pcob^le coastructkm cost The following 8 sheets would be included in the Constraction Documents (CD's): Title Sheet Gra^ Notes fflid Abbreviations Wateriine Plan and Profile W^line Construction Sequ^icing Demolition, surface improvements, ami striping plan Erosion Control Plan Two (2) (tetail sheets Task 1.1.1 - Supploiirartal Sp&EkiL Providoas Tl» di^ sui^lemental special provisions (SSP*s) wiU be conpised of technical sections usmgtheCSIformi^ TYU wiU submit two hard copies a^ one N£S Word file (ii^ con^leticm a pdf file wiU be provkted as weU). The engineer's estimate (opinion of probable construction cost) wiU be generated using general unit cost factors at a level of detail ccsresponding to tiie design level. TYU PM will attend one meeting to discuss conmients for the purpose of finalisang the documents. Tadc 1.1 • Final Construction Docnments (CD's) Oty commmts v/B be incarponited and a final PS&E sotoiitted for procwxmsnt process by die Oty (CMWD). This stttosttel wiU mchtde final PS&B as Word a^ Induded wiU be final bid scfaeMe (MS WORI), plans (one s^ of signed and stamped mylars mid AutoCAD files), ^ledfications (MS Wcacd), and a final larobable opinion of construction costs. Ta^ 2.0 - Project Management Project managranent includes invoicing, budget and schedule tracking, |»oviding updates, QA/QC, and coordinating witii ABCCM. Additicuially, one final fieM visit by tiie PM witii tiie Oty PM, before OQ^ars are submitted, is IncliHled in tiiis task. An AmnmUw Action/BfualOpportuntt/Bfipk^ 404 Camino del Rio South. Suite 700 { Sm Diego. Califomia 92108 | T 619.692.1920 i F 619.692.0634 | www.tylin.oom Page2of4 IHBUVEltABLES SCHimULE All dates kx^uded below ate given assuming the contract is in place witii Notice to Proceed (NTP) by Octcto^ 31,2012. Plans and Estimate - assunt^onis sode tiiat all coDonra^ fiomtheClty of Carisbad have been traasmk&ed by the Oty*s PM and no new coaamea^ will be received before ti» final sidnnittal v/bach will occur by n^-Nov^nber. Draft Spectfic»tions and Bid Schedule ~ first submittal fc»: Oty PM review wiU be made by mid- Novendier. Hnal Specifications and Bid Schedule - assuming 5 working day tumaround for cmnments from tiie City's PM. final ^ificati(His and bid schedule will be submitted witiiin 5 working days the^eafier. Task 3.0 - Bid Asi^tance Ti»k 3.1 - Respond to RFI's and Issue Bid Addenda During tiie UMng phase of the project, TYU assumes re^Kmding to sppromastiely 5 RFI's and one bidding phase add^ida issuance. Tai& 3J ~ Attend meetings and 1^ qpeoing assistance TYU PM will attend tiie pre-bid meeting and bid opening, and will help ibe City evaluate the bids recdved for responsivoiess after tiie bid opening. It is assumed tiie Oty vM le^nd to any bid protests and award tiie project (including Council action, if any) witiiout TYU assistance. COST PROPOSAL TYU will cfmplete tiie services outiined in Tasks 1.0-3.0 of this scope ci services for a not-to- exceed fee of $15,215.00, on a time-and-mateials basis, in accordance witii our schedide of fees arKi tiie attached fee estimate budget (Attachment 1). TYU wiU invoice on a montiily basis for expenses aconied tiie prior numth. OTHER ASSUMPTIONS 1. The Oty will provide from-enddocun^nts, including construction c(»itract, bidder instructions, general and special provision. TYU win be respondble for pr^aring supplem^tal special provisions that TYU deems necessary ftiiis i»roject TYU wiU prepffloe tiie Bid Schedule and bid item descrqition. 2. This Scope of Services is based on TYU*s current understandittg of tiie i»oject and discussions. If the actual work required is signi&»ntiy different fr(sn what is anticqiated, it is agreed tiiat tiie scope and fee wiU be revised acc(Hdingly. 3. TYU will be entitied to rely upon Oty obtaining tiie CADD drawngs ftom AECOM in a tamdy f a^on to meet the sdiedide committed to lusrdn. An AmmatfveActkm/Equal ClpporttmlfyBrpto^ 404 Camino dei Rio South, Suite 700 | San Diego. Caiifbmia 92108 | T619J92.1920 | F 619.692.0634 | www.tytin.com P(tge3of4 4. TYU will be entitied to rely upon the accuracy of data and information provided to us witiiout independent review or evaluation exc^t as described in the scope. 5. All environmental considerations, including CEQA documentation for tiie Project if required, will be prepared by others. 6. Any permits, fees or mspection costs required by other agencies will be acquired and paid for by the City. 7. A Traffic Control Plan will be provided by otiiers. 8. Coordination with HOA's and utilities will be done by tiie Oty. 9. Any Opinion of Probable Construction Cost prepared by TYU rqwesents its judgment as a design-professional and is supplied for ti» general guidance of City. Since TYU has no control over tiie cost of labor and material, nor over competitive bidding or market conditions, TYLI does not guarantee the accuracy of such opinions as compared to contractor bids OT actual cost to City. 10. Notwitiistanding anythmg in tins Scope of Services, TYU shall have no responsibility for tiie discovery, presence, handling, removal or disposal of, or exposure to persons to hazardous materials in any form, at the project site. 11. Any reuse of TYLI prepared documents, except for the specific purpose intended hereunder, will be at City's sole risk and witiiout liability or legal exposure to TYLL 12. Otiier utilities - this assumes the City will coOTdmate and interact with the public and/OT larivate utility owners in tiie project area. Thank you for the qiportunity to submit tiiis scope and fee proposal. If you have any questions, please contact me at (619) 692-1920. Sincerely, Patti Boekamp Associate Vice President (619) 937-1930 Attachment 1 (including Schedule of Fees) An MfkmaOvB At^m / Equal Opportunity Ernptoyer M^/tW 404 Camino del Rio South, Suite 700 | San Diego. Califomia 92108 | T 619.692.1^0 | F 619,692.0634 | www.tylln.com Page 4 of4 T.Y. LIN INTERNATIONAL Park Drive Wateriine Improvement Project CMWD Attachment 1 Page 1 of 1 Contract No. XXXXXXX Date: Prime Consultant: Project Titie: Project Number: Client Reference: 10/16/12 T.Y. Lin International Park Drive Wateriine Improvement Project CMWD Carlsbad Municipal Water District M z a ce es M Description Activity Estimated Labor Hours Hours Total Labor Amount M z a ce es M Description Activity i'rincipal senior Utility Engineer CADD Support Jtility Coordination Engineer so .c 3 O o o Hours Total Labor Amount 1.0 Prepare PS&E 1.1 Prepare final PS&E Submittal 1 6 2 9 $1,455 1.1.1 Prepare Supplemental Special Provisions 2 16 18 $3,090 1.1.2 Final Construction Documents (CD'S) 1 8 9 $1,545 TASK SUBTOTAL: 4 30 0 2 0 36 $6,090 2.0 Project Management and QA/QC 9 10 8 27 $4,785 TASK SUBTOTAL: 9 10 0 0 8 27 $4,785 3.0 Bid Assistance 3.1 Respond to RFI's and Issue Bid Addenda 8 8 2 18 $2,390 3.2 Attend Meetings and Bid Opening Assistance 0 10 2 12 $1,800 TASK SUBTOTAL: 0 18 8 2 2 30 $4,190 Subtotal 13 58 8 4 10 93 $15,065 t 1 Multiplier (incl. OH + Profit): 1 2.90 t $265.00 $160.00 $110.00 $115.00 $100.00 t $3,445 $9,280 $880 $460 $1,000 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. Annual Escalation Rate: 4.0% Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. Contract Duration (Years): 0.50 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. OTHER DIRECT COSTS: Mileage $150 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. SUBCONSULTANT/VENDOR SERVICES: $0 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. BASE BUDGET: $15,065 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. ADDITIONAL SERVICES BUDGET: $0 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. TOTAL BUDGET: $15,215 Notes: 1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year. 10 16 12 Park Drive Wateriine Improvement Project-Carisbad-Fee Proposal rev2(LBE) w GK comments Printed: 10/16/2012 TYLININTERNATIONAL SCHEDULE OF FEES - 2012 BRIDGE Senior Principal Bridge Engineer $270.00 Principal Bridge Engineer $250.00 Supervising Bridge Engineer $208.00 Senior Bridge Engineer II $182.00 Senior Bridge Engineer I $156.00 Bridge Engineer II $140.00 Bridge Engineer I $130.00 Assistant Bridge Engineer $120.00 Civil Engineer $109.00 Structural Design Technician III $140.00 Structural Design Technician II $109.00 Structural Design Technician I $78.00 CONSTRUCTION Senior Construction Engineer II $177.00 Senior Construction Engineer I $151.00 Construction Engineer $135.00 Assistant Construction Engineer $114.00 TRANSPORTATION Principal Transportation Engineer $250.00 Supervising Transportation Engineer $208.00 Senior Transportation Engineer II $182.00 Senior Transportation Engineer I $156.00 Transportation Engineer I $130.00 Assistant Transportation Engineer , $120.00 ARCHITECTURAL Senior Architect $156.00 Architect II $140.00 Architect I $109.00 UTILITIES Senior Utility Engineer $160.00 Utility Coordination Engineer $115.00 Assistant Utility Coordination Engineer $105.00 Vehicle Mileage $0.60/mile Construction Engineers/Inspectors are provided with trucks equipped with rotating amber safety beacons and toolboxes containing the necessary hand tools required during construction inspections. Specialty equipment, if required, may be billed separately. Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance, clerical services, equipment, normal supplies and materials, and in-house reproduction services. Other expenses such as special consultants or purchased outside services will be billed at cost plus 10 percent. Urdess otherwise provided for in the contract, all hourly rates are subject to 4% annual escalation on January 1=^'.