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2009-10-06; City Council; 19980; RBF Consulting contract amendment
CITY OF CARLSBAD - AGENDA BILL AB* 19,980 MTG. 10/6/09 DEPT. ENG APPROVAL OF AMENDMENT NO. 2 TO AMEND THE PROFESSIONAL SERVICES AGREEMENT PWENG686 WITH RBF CONSULTING, INC. FOR TECHNICAL REVIEW AND PLAN CHECK FOR POSEIDON'S DESALINATION PROJECT DEPT. HEAI CITY ATTY. CITY MGR. RECOMMENDED ACTION: j^Rrir /^__ Adopt Resolution No. 2009-240 approving Amendment No. 2 to amend the professional services agreement PWENG686 with RBF Consulting, Inc., for technical review and plan check for Poseidon's desalination project. ITEM EXPLANATION: Poseidon Resources LLC (Poseidon) proposes to construct a 50 million gallons per day (MGD) seawater desalination facility at the Encina Power station and a 54-inch diameter transmission main to convey the desalinated water to nine agencies including Carlsbad Municipal Water District (CMWD). In addition, 24-inch, 30-inch, and 36-inch diameter mains are also proposed to deliver the water to CMWD delivery points as approved by CMWD Resolution No. 1372. The pipeline design for the project is very specialized requiring high-pressure (excess of 500 pounds per square inch [psi]) large diameter steel piping. In order to perform the necessary technical review and required plan checks of this specialized design, City staff retained RBF Consulting, Inc. through a selection process as required by Carlsbad Municipal Code section 3.28.070. Proposals were received from four firms. The proposals were evaluated by a committee of Public Works staff. An initial contract of $25,000 was executed with the consultant to review the documents submitted at that time by Poseidon. Amendment 1 was executed to increase the contract to $55,000 as Poseidon submitted additional documents. The contract needs to be increased to $134,630 for additional scope of work to review Poseidon's 60 percent plans that are expected later this year. Additional scope of work increases will be required to provide review through final plans submittal. However, the scope for these services cannot be determined until the 60 percent plans are reviewed. ENVIRONMENTAL IMPACT: In 2006, the City Council certified an environmental impact report (EIR 03-05) for the desalination project. On September 15, 2009, the City Council approved an addendum to EIR 03-05. The Addendum found changes proposed to the project, including an increase in the transmission main diameter to 54 inches and pipeline connections to all CMWD delix'ery points, were consistent with the findings and mitigation measures of EIR 03-05. Therefore, the review services that would result from approving the recommended action are consistent with already completed environmental review. DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eplai@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED J9, DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: The existing agreement for PWENG686 is for $55,000. Additional funds in the amount of $79,630 are needed to complete the additional work as described above. The increased total of the agreement will be $134,630. Through Resolution No. 2009-225 the City Council approved a variance to the method of invoicing and collecting development processing fees for the Seawater Desalination facilities. Staff is currently developing the variance and will provide a resolution to Council for review and adoption. However, in order to keep the Poseidon project on schedule, staff accepted a deposit of $175,000 from Poseidon to begin review and plan checking activities for the Seawater Desalination facilities. This deposit will be credited towards the final method of invoicing and collecting development processing fees once approved by Council. Sufficient funds exist in Poseidon's deposit account to cover the costs of this amendment. EXHIBITS: 1. Location Map. 2. Resolution No. 2009-240 approving Amendment No. 2 to amend the professional services agreement PWENG686 with RBF Consulting, Inc., for technical review and plan check for Poseidon's desalination project. 3. Amendment No. 2 to agreement with RBF Consulting. 54" Poseidon Desalinated Water Transmission Main \ ExftM Delivery Points - Option 1 100% Desal to Service Area 22 23 24 25 26 27 28 RESOLUTION NO. 2009-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 2 TO AMEND THE PROFESSIONAL SERVICES AGREEMENT PWENG686 WITH RBF CONSULTING, INC. FOR TECHNICAL REVIEW AND PLAN CHECK FOR POSEIDON'S DESALINATION 1 2 3 4 PROJECT. 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 6 necessary and in the public interest to review and plan check plans and technical reports 7 submitted by Poseidon Resources LLC or their representatives; and 8 WHEREAS, the current agreement, PWENG686, for professional engineering services 9 with RBF Consulting, Inc., to perform the review and plan check services for the pipeline portion of10 the Poseidon's desalination project needs to be amended to increase the scope of work to include n additional services associated with 60 percent pipeline plan reviews; and WHEREAS, the amount of the agreement needs to be increased to $134,630 reflecting i O an increase of $79,630 to the current agreement; and14 WHEREAS, there are sufficient funds deposited by Poseidon Resources LLC for this IO increase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:1o 1. That the above recitations are true and correct.iy 2Q 2. That Amendment No. 2 to Amend the professional services agreement 21 PWENG686 with RBF Consulting, Inc. for technical review and plan check for Poseidon's desalination project is hereby approved. 3. That the agreement amount is increased by $79,630 to $134,630. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of October. 2009, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Lewis. CLAUDE A LEWIS, Mayor ATTEST: ^LORRAINE M. WOOD, City Clerk ''''/? * VN '"llinU^ PWENG686 AMENDMENT NO. 2 TO AGREEMENT FOR TECHNICAL REVIEW AND PLAN CHECK FOR POSEIDON'S DESALINATION PROJECT (RBF CONSULTING) This Amendment No. 2 is entered into and effective as of the / _ day of 2009, amending the agreement dated May 21, 2009 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RBF Consulting, a California corporation, ("Contractor") (collectively, the "Parties") for technical review and plan check for Poseidon's desalination project. RECITALS A. On July 16, 2009, the Parties executed Amendment No. 1 to the Agreement to add review services; and B. The Parties desire to alter the Agreement's scope of work to perform additional reviews of documents submitted by Tetra Tech on behalf of Poseidon Resources as listed in the attached scope; and C. 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, City 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. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed seventy nine thousand six hundred thirty dollars ($79,630). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by May 21, 2010. 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. City Attorney Approved Version #05.22.01 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 RBF CONSULTING, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California ayor (print name/title) (e-mail address)ATTEST: (e-mail address) If required by City, 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, City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date before me, Here Insert Name and Title of the Officer \<^ . personally appeared 3bV\t\ \V. \\OOf\^ Name(s) of Signer(s) NEVAM.COBIAN Commission No. 1830348 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Januay 11,2013 who proved to me on the basis of satisfactory evidence to be the person^ whose name(^ is/a*e subscribed to the within instrument and acknowledged to me that he/she4bey executed the same in his/her/their authorized capacity(4ea), and that by his/her/their 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. Place Notary Seal Above WITNES: Signaturfe* hand and official seal. Signs-tture 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages:. ^W ^da\ a( Signer's Name: D Individual D 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: _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On < personally appeared before me,0 /.. ^vi , ll>>t( fijblt ^^^Here Insert Npme and Title of the^Officer Narnefs) of Signer(s) tar*iaotiio 1 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^ OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: 2. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: tf Signer's Name: LJ Individual U Corporate Officer — Title(s): n Partner — LJ Limited D General ! Attorney in Fact " Trustee U Guardian or Conservator LJ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: LJ Individual n Corporate Officer — Title(s): C Partner — LJ Limited D General 3 Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402* www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 AGENCY REPRESENTATIVE FOR POSEIDON RESOURCES SEAWATER DESIGN-BUILD OF DESALINATION TRANSMISSION MAIN PROJECT AMENDMENT No. 2 SCOPE OF WORK - 60% DESIGN PHASE PIPELINE DESIGN TECHNICAL REVIEW Project Description: Poseidon Resources is planning to construct a 50 MOD desalination facility at the Encina power plant within the City of Carlsbad. Treated water from this facility will be piped through the City of Carlsbad to connect with other municipal potable water facilities within the Cities of Oceanside, San Marcos and Vista. The proposed pipeline will travel through major thoroughfares with the city limits of Carlsbad. The City anticipates extensive disruption to traffic and impact to existing City owned facilities, utility systems and the environment during construction of this pipeline. The scope of work to be performed under this Amendment to the original agreement and previously executed amendments will provide additional design review services relative to the pipeline's 60% design submittal with specific attention given to the response to the 30% review comments, project specifications, pipeline structural design elements, joint connections, flow control facilities and pipeline design issues related to seismic events and bridge crossings. RBF intends to subcontract a portion of the review effort to CH2M Hill, as described in Task 2.2 below. All work will be performed on a time and materials basis in accordance with the contract hourly fee schedule and the rate schedule for CH2M Hill, as attached as Exhibit A. TASK 1 PROJECT MANAGEMENT Attend up to three (3) meetings/workshops with City staff and representatives of Poseidon's design team to discuss project issues and review comments. Up to two representatives each from RBF and CH2M HILL will attend these meetings. Prepare and transmit the meeting agendas to City staff a minimum of 24 hours prior to the scheduled meeting time. Provide draft meeting minutes for the City's review within one week of this meeting. TASK 2 - 60% DESIGN REVIEW SERVICES TASK 2.1 - RBF REVIEW SERVICES This task will provide plan review of the 60% design drawings submitted by Poseidon. The following disciplines will be involved with this review. a. Review of 30% Response to Comments - This task will review the designer's response to the 30% comments and evaluate associated changes/revisions to the drawings relative to the comments. RBF will annotated the list of comments to indicate if the comment has been adequately addressed or if further discussion is warranted. b. Review of 60% Plans and Specifications - This task will evaluate the 60% plans and specifications for compliance with the design memoranda, permit conditions imposed by the City, previous agreements/concessions made by Poseidon and for overall compliance with City Page 1 of 5 r H:\PDATA\25103864\Admin\contract\3864_60%Scope_080709.doc • " " * AGENCY liPRlSENTATIVE FOR POSEIDON RESOURCES SE$¥ATER DESIGN-IWLD OF DESALINATION TRANSMISSfON MAIN PROJECT standards and impact to City facilities. Specific items of interest under this task include horizontal and vertical separation between the proposed pipeline and existing City facilities, depth of cover requirements, trenching standards, construction zone requirements, haul routes, impact to business and/or residents, construction schedule and daily work hours, backfill and compaction requirements and pavement restoration plans. c. Utility Conflict - Evaluate potential impact to City owned utility systems, including water, sewer, storm drainage, traffic signal and street lighting systems. The review will include potential impacts caused by pipeline appurtenances, such as access manholes, air-vacuum lines and blow-off assemblies and above-ground facilities. d. Traffic Control - Evaluate the construction staging plan and impact area to determine the impact on traffic patterns and potential detour needs. Coordinate this effort with the City's traffic department. Review the proposed traffic control measures for impact to public safety and level of service. Evaluate impact to signalized intersections and proposed signal modification measures. Evaluate proposed haul routes and impacts to public safety access routes. Evaluate associated impacts with street closures on adjacent streets. e. Storm Water - Evaluate the construction impact on storm drainage facilities and receiving waters. Review proposed BMP measures to the extent they are indicated on the 30% submittal. f. Construction Management - Review the pipeline alignment for construction staging requirements and methodology (conventional open trench versus trenchless) to evaluate pipeline installation production rates, impacts to major intersections and thoroughfares. g. Permit Conditions - Based on the results of this review, assist the City in the development of permit conditions that will be assigned to the project as part of the final plan set approval. The principal items of concern will be the development of traffic control schemes and detour plans, crossing of major thoroughfares, such as El Camino Real, impacts to improved medians, impacts to life safety routes, final paving requirements, such as slurry seal or overlay, restoration to adjacent site and landscaping improvements and utility relocations. Such conditions may include work day restrictions, trenchless construction requirements, and/or night-time construction. TASK 2.2 - CH2M Hill REVIEW SERVICES This task will provide CH2M Hill's review of the 60% submittal packaged prepared by Poseidon/Tetra Tech. Documents anticipated to be reviewed include specifications, drawings, calculations and various technical memoranda associated with the 60% submittal. CH2M HILL's review will focus on the following: 1. Pipeline structural design elements, such as material properties, joint details, and welding requirements. 2. Pipeline design elements related to seismic events and bridge crossings in support of other bridge crossing review services being performed by T.Y. Lin on the City's behalf. Page 2 of 5 P H:\PDATA\25103864\Admin\contract\3864_60%ScopeJJ80709.doc • " " " AGENCY: PJPRESENTATIVE FOR POSEJPON JR^ouacp SIAWATER DESIGN-lUIliD OF DESALINATION TRANSMISSION MAIN PROJECT 3. Operational flow control strategies and functions 4. Air Release valve and Blow-Off assembly locations 5. Pipeline appurtenances, such as ball valves, check valves, isolation valves 6. Constructibility issues related to geotechnical parameters, trench shoring, and trench width. 7. Cathodic Protection 8. Flow control facilities 9. Electrical 10. Instrumentation and Control 11. PV, T and TC drawings are not included in CH2M HILL 's scope of services. SCHEDULE Review comments from RBF will complete and submitted to the City within 4 weeks following the receipt of documents to be reviewed for this Amendment. It is anticipated that the plans and specifications will be separated in up to 4 design packages. Page 3 of 5 H:\PDATA\25103864\Admin\contract\3864_60%Scope_080709.doc REPRESENTATIVE FOR POSEIDON RISOUJ^IS JfAWATER DESIGN-BUILD OF DESALINATION TRANSMISSION MAIN TPROJECT PAYMENT FOR SERVICES A. PAYMENT FOR SERVICES: Invoices for work performed on the DESCRIBED SERVICES shall be submitted monthly based on the level of effort expended on each task up to the maximum not to exceed contract amount. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each Task and the associated hourly rate for each individual. Hourly rates for RBF shall be in accordance with those listed in the original agreement. Hourly rates for CH2M Hill shall be as shown in Exhibit A of this amendment. The original invoice shall be provided for any subcontracted services. A 5 percent mark-up will be added to Subconsultant invoices. For performance of each Task or portion thereof as identified below, CITY shall pay a not to exceed fee associated with the Task of the DESCRIBED SERVICES in the amount set forth. CONSULTANT shall not commence Services under any Task, and shall not be entitled to compensation for the Task, unless CITY shall have issued a Notice to Proceed to the CONSULTANT as to the Task. TASK Task 1 Project Management and Meetings $ 7,258 Task 2 60% Design Review Task 2.1 - RBF Review Services Plan Review $19,500 Specification Review $7,500 Task 2.2 - CH2M Hill Review Services Pipeline review $20,660 Corrosion $3,584 Electrical/I&C $9,120 Flow Control Valves $7,168 Bridge Crossings $3,840 SUB-TOTAL Reimbursables $1,000 TOTAL $79,630 Page 4 of5 r H:\PDATA\25103864\Admin\contract\3864_60%Scope_080709.doc • * " » AGENCY RJEPMSlNTATiVE FOR POSEIDON RESOURCES SEAWATER DESIGN-BUILD OF DESALINATION TRANSMISSION MAIN PROJECT EXHIBIT A HOURLY RATE SCHEDULE - AMENDED CH2M HILL 2009 Hourly Kates for Professionals and Technicians Classification Principal-ln-Charge/Principcd Program Mgr, Principal Project Mgr/Piiiicipal Consultant/Program Mgr. Senior Project Manager/Senior Technologist Project Manager/Senior Engineer/Scientist Task Manager/Project Engineer/Assistant Prj Mgr Associate Engineer/Scientist/Planner Staff Engineer/Scientist/Plauiier Senior Contracts/Procurement Staff Contracts/Proai remciit Senior Technician FI Senior Technician I Staff Technician/Technical Editor Junior Technician Administration/Accounting EXPENSES * Assessment applies In all Health A SitH:ly iruinud individuals NOTF. Rate subject lu dituige Jtinuary 1, 2010. Hourly Rate $240 $224 $206 $190 $179 $127 $179 $127 $148 $136 $116 $93 Expense Type Health & Safely Assessment* Auto Mileage Auto Rental Other Travel (PTR Guidelines) Equipment Rental Postage/freight Reprogiaphics Subcontractors Estimating Method Service Center Travel Travel Tiavel Operating Expense Operating Expense Outside Service Outside Service Rate $1 75 Current IRS Rate + 10% Actual + 10% Actual +10% ' Actual i 10% Actual + 10% Actual +10% Actual + 10% CH2MH1LL Page 5 of5 H:\PDATA\25103864\Admin\contract\3864_60%Scope_080709.doc