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HomeMy WebLinkAbout2004-07-13; Municipal Water District; 572; Daniel Boyle Engineering agreementAB# 572 MTG. 711 3/04 DEPT. ENG n w U LL Q 8 a TITLE: APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT FOR WATER TRANSMISSION PIPELINE REPLACEMENT PROJECT N0.3956 DEPT. HD. SAN MARCOS BOULEVARD CITY ATTY. CITY MGR. .. z 0 F 0 a n p? a m 0 The Project is part of the Water Distribution System Capital Improvement Program, Project No. 3956. On May 6, 2004, a request for qualifications and proposals were sent to seven civil engineering firms. On June 8, 2004, six proposals to perform design engineering services were submitted to the Engineering Department. The qualifications and proposals were reviewed and ranked by a selection committee composed of Engineering and Inspection Department staff members. The firm of Daniel Boyle Engineering, is recommended as the most qualified firm and most responsive proposal for this project. I ENVIRONMENTAL REVIEW: This project is categorically exempt from the environmental review process under Section 15302 Class 2 (c) of the Public Resources Code (California Environmental Quality Act). I FISCAL IMPACT: The total fee payable for engineering design services for the El Camino Real Potable Water Transmission Main and a Pressure Reducing Station to be designed under this agreement is $222,774 for design phase services, $4,682 for the bidding phase, and $22,484 for construction phase, for a total of $249,940. The total cost of the project including construction is budgeted at $2,656,000. There is currently $2,656,000 appropriated from the Water Replacement Fund for this project. Page 2 of Agenda Bill No. 572 EXHIBITS: 1. Location Map. 2. Resolution No. 1218 of the Board of Directors of the Carlsbad Municipal Water District to approve and authorize an engineering services agreement for design of the San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956. 3. Engineering Services Agreement with Daniel Boyle Engineering Corporation for design of the San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956. 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 ,,I '1 ,,?\%( ' i - .< RESOLUTION NO. 1218 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT FOR DESIGN OF SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT PROJECT NO. 3956. WHEREAS, the CMWD proposes to replace the existing water transmission main in San Marcos Boulevard, referred to as San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956; and WHEREAS, on May 6, 2004, six statement of qualifications and proposals to perform ipeline design engineering services were submitted to the Engineering Department, and were ?eviewed and ranked by a selection committee composed of Engineering Department staff members. The firm of Daniel Boyle Engineering Corporation is recommended as the most qualified firm and most responsive proposal for this project; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has jetermined it necessary, desirable, and in the public interest to enter into an agreement between 3ANIEL BOYLE ENGINEERING CORPORATION and the CMWD for Engineering Design Services to design the San Marcos Boulevard Water Transmission Pipeline Replacement, Project 10.3956; and WHEREAS, the approval of a one-year extension will be included for this agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Nater District (CMWD) of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the proposal by DANIEL BOYLE ENGINEERING CORPORATION in the amount of $249,940 for engineering design and construction services is accepted and approved. /I Il Il 11 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 3. That the President of the Carlsbad Municipal Water District is authorized and directed to execute the agreement with DANIEL BOYLE ENGINEERING CORPORATION for the design of San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 13th day of July ) 2004 by the following vote, to wit: AYES:Board Members Lewis, Kulchin, Hall and Packard ABSENT: Board ATTEST: &m, h?5?z%d- WOOD, Secretary (SEAL) AGREEMENT FOR ENGINEERING) SERVICES (Daniel Boyle Engineering) THIS AGREEMENT is made and entered into as of the 15th day of July , 2004, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal VJater Act of 191 1, and a Subsidiary District of the City of Carlsbad, refcrred to as (TMWD"), and Daniel Boyle Engineering, a California Corporation, ("Contractor" ) . RECITALS A. B. C. D. CMWD requires the professional services of a Civil Engineering Contractor has the necessary experience in providing professional Selection of Contractor is expected to achieve the desired results in Contractor has submitted a proposal to CMWD and has affirmed its firm that is experienced in pipeline design. services and advice related to pipeline design. an expedited fashion. 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: I. 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 months from this Agreement will be effective for a period of twenty four (24) the date first above written. The Executive Manager may amend the Agreement to extend it for 12 additional months or parts thereof. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement . General Counsel Approved Version #04/02102 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred forty nine thousand nine hundred forty dollars ($249,940). 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 CMW D 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 General Counsel Approved Version #04/02/02 2 this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACT0 RS CMWD reserves the right to employ other Contractors in connection with the Services. 9. Contractor agrees to indemnify and hold harmless the City and its officers, I N DE M N I FI C AT1 0 N officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes 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 General Counsel Approved Version #04/02/02 3 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. IO. 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. IO. 1.4 Professional Liabilitv. 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 Providinq 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 Coveraqe. 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. General Counsel Approved Version #04/02/02 4 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. 1 I. 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 Ag reeme n t . For CMWD: For Contractor: Name David Ahles Title Sr. Civil Enqineer Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-2748 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. Name Dan Smith Title Principal Engineer Address 3142 Vista Way, Suite 303 Oceanside, CA 92056 Phone No. (760) 433-871 0 E-Mail Address smith@dbovle-eng.com General Counsel Approved Version #04/02/02 5 16. CONFLICT OF INTEREST CMWD will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political. Reform Act and CMWD’s 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. 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 (IO) 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 General Counsel Approved Version #04102102 6 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. 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. General Counsel Approved Version #04/02/02 7 Contractor acknowledges that California Government Code sections 12650 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. 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 #04/02102 8 26. AUTHORITY The individuals executing behalf of Contractor each right and actual authority Agreement. CONTRACTOR this Agreement and the instruments referenced in it on represent and warrant that they have the legal power, to bind Contractor to the terms and conditions of this (sign here) (print namekitle) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water designee Thomas B .wooker, Jwresident (print name/title) hooker@dboyle-eng .com ATTEST: f '\ _r '\ .( $$-(JJ , g-. KL k{ (;[yJ&(&-&l'k, LORRAINE M. WOOD i Ff gLzJhd4A s ecretary 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. (e-mail address) F-?.*.' /q '( &&+ && ,y &R..L'$/d J. &A A--- - *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL. General Counsel By: Deputy Genebal Counsel General Counsel Approved Version #04/02/02 9 ALL-PURPOSE ACKNOWLEDGMENT .~*~.~~o~~.-.~~o~~.~..I).~~,~.~o State of California i County of (DAW i personally appeared i personally known to me i i - OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in his/ber/their authorized i capacity(ies), and that by hishedtheir signature(s1 on the instrument the person(s), i i i F i or the entity upon behalf of which the person(s) acted, executed the instrument. i OPTIONAL IIUF0RMA"IOX The information below is not required by law. However, it could prevent fraudulent attxhment of this admowi- edgmenr to an unauthorized document. DESCmON OF AXTACHED DOCXJMENT , / i i CAPACl'W CLAIMED BY SIGNER (PRINCIPAL) i a 0 i i i PARTNER(S1 ATTORNEY-M-FACT NUMBER OF PAGES GUARDLUUCONSERVATOR OTHER: DATE OF DOCUMENT i EXHIBIT "A" CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 Attention: Mr. Dave Ahles Senior Civil Engineer Carlsbad Municipal Water District Consulting Engineers June 30, 2004 Revised Proposal for the San Marcos Boulevard Transmission Main Replacement Project Daniel Boyle Engineering is pleased to present herein our revised proposal to provide/ professional engineering services for the preliminary and final design, bidding assistance and limited construction support of the subject project. Our proposal is based upon our research for the bound proposal submitted to you on June 8, 2004, our conversation with you and your comments sent by fax on June 22, 2004. The project consists of preparing a preliminary design report (30-percent design submittal), final construction plans, specifications and cost estimate for replacing the existing 27- and 21-inch diameter transmission main in San Marcos Boulevard between Acacia Drive and the easterly side of Rancho Santa Fe Road. Our detailed scope of services below also provides for limited assistance during the bidding and construction phases of the pipeline project. Our detailed project understanding can be found in our bound proposal dated June 8, 2004. SCOPE OF SERVICES - Our proposal is based upon the following scope of services: TASK 1 - PROJECT MANAGEMENT: 1.1. Monitor and direct work activities on this project in accordance with the contracted scope of services and schedule. Meetings - Project "Kick-Off' Meeting. This meeting will include representatives from, but not be limited to, CMWD, City of Carlsbad Engineering Department, and DBE. The primary objective is to establish project protocol, finalize the project schedule, and identify key technical issues. Regular project team meetings will be held at least once every month weeks to review work in progress. Attend progress meetings following each submittal to discuss review comments. DBE shall provide agenda and meeting minutes. Maintain close contact between the CMWD Project Manager and subconsultant personnel. All team members will be involved in development of the project schedule in order to assure proper coordination of all the required tasks. 1.2. 1.3. 3142 Vista Way - Suite 303 * Oceanside e CA 92056 9 (760) 433-8710 * Fax (760) 433-9709 www dboyle-eng.corn CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 2 1.4. Prepare monthly billing, update project schedule and progress reports, which shall be submitted to the CMWD. The progress reports will discuss the progress schedule status and key technical issues. They will also include a discussion of issues requiring actions or decisions, which may impact, project deliverables. Quality ControI/QuaIity Assurance Program to review the final preparation of the plans, specifications, and estimate. 1.5. TASK 2 - FIELD RECONNAISSANCE, DATA COLLECTION, AND UTILITY SEARCH 2.1. Perform a reconnaissance survey to become familiar with the alignment corridor, develop a photographic inventory, and identify difficult construction areas. Obtain and review all available reports, right-of-way maps, drawings, and standard specifications from CMWD, the City of Carlsbad, the City of San Marcos, and from other local agencies. Collect and review utility maps and easement information regarding abandoned, existing, and proposed utilities corresponding to the proposed pipeline alignment. It is anticipated that the pipeline alignment will be in paved roadways of public streets. Utility maps shall be reviewed to determine potential conflicts with the proposed pipeline. A utility search and conflict resolutions shall be coordinated with the following agencies including, but not limited to: a. City of San Marcos b. C. Pacific Bell d. Cable television companies e. Other local utilities CMWD will pay any charges by the utility agencies and entity associated with provided utility maps for the purpose of locating utilities for design of the Project. Arrange with utility owners mark-outs and potholing of existing utilities in areas of proposed pipeline alignment conflict. Potholing shall locate facilities to determine their physical size (if possible), horizontal location and alignment (if possible) and vertical elevation at the pothole locations. Vacuum extraction technology will be utilized for the verification of existing utilities. The RFP indicated an allowance of $20,000 to be included in the scope of work based on utilizing a vacuum extraction firm familiar with all city of San Marcos requirements for completing this effort including traffic control and pavement replacement. This allowance will provide as many potholing locations as possible including permitting and traffic control. Perform field survey PKs set by the potholer, reference points to pothole locations, and provide coordinate and elevation data for each. Present information on the construction drawings. Advise CMWD if additional potholing beyond the allowance is recommended. Identify and plot on all drawings the locations of all above and below ground utilities and facilities that are along the pipeline alignment and provide recommendations to remedy conflicts. 2.2. San Diego Gas & Electric 2.3. 2.4. CITY OF CARLSBAD - TASK 3 - SURVEY 3.1. 3.2. 3.3. San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 3 NG, AND MAPPING Field verify existing survey control points and benchmarks within and adjacent to the project limits, and set an adequate number of control points for construction staking control. Basis of bearings and all coordinates of data submitted to City must be in reference to the California Coordinate System - 1983, Zone VI, 1991.35 Epoch (NAD83) based on ties to the City of Carlsbad Survey Control Network Monuments, as published on AOS 17271. For vertical control, NGVD29 datum is still in effect. Set aerial panels as needed to produce mapping to National Map Accuracy standards and tie them to the project control. Develop topographic survey by photogrammetric methods for the pipeline alignments. The mapping will include 1-foot contour intervals at 1-inch = 40-feet scale and labeled California Coordinate System grid ticks. The survey will be provided in digital format with 3-dimensional elevation contours for AutoCAD software format. Mapping will extend 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. Photo coverage will be a minimum of 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. Field check aerial survey data and shall survey invert elevations of culverts and drain pipes and elevation of top of water valve operating nuts within the mapped area. Review City, County, and SDG&E right-of-way maps, records, to verify existing rights-of-way along the pipeline corridor. Determine additional permanent and temporary right-of-way requirements for proper construction, operation, and maintenance of the pipeline and appurtenances. Obtain City of San Marcos GIS mapping of parcels to superimpose existing parcel lines along the pipeline corridors on the topographic mapping. Existing rights-of-way wil I be mapped from street improvement plans and mapped locations of right-of-way center1 ine monuments. No survey ties or right-of-way analysis are included in this task. TASK 4 - GEOTECHNICAL INVESTIGATION 4.1. Prepare a separate geotechnical investigation to assist in the design and construction of the proposed pipeline and appurtenant facilities. The investigation shall include review of available information (consisting of available geotechnical reports, geological maps, and stereoscopic aerial photographs), geotechnical field reconnaissance, site visit to mark boring locations and meet with Underground Service Alert for utility clearance, acquisition of permits necessary for the boring work, traffic control for soils borings, soils borings, laboratory testing, and preparation of a geotechnical report. The report shall bear a State of California Certified Engineering Geologist or Registered Professional Engineer seal with the signature, license number, and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report presenting the results of the investigation. Conduct soil borings, perform laboratory tests, and analyze test data. The field exploration program will consist of drilling, logging, and sampling 5 exploratory test 4.2. CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 4 borings with a truck mounted drill rig along the proposed pipeline alignment. Proposed boring locations will be reviewed with CMWD prior to drilling. Two (2) borings will be drilled to a depth of approximately 40 feet (or refusal) for the purpose of establishing a bore and jack program near the intersection of Rancho Santa Fe Road and San Marcos Boulevard. Three (3) borings shall be drilled to a depth of 10 to 15 ft below the existing ground surface (or refusal) at about 1,000 foot intervals along the remainder of the alignment. Bulk and in-place samples of the encountered soils will be collected and transported to the laboratory for testing. Geotechnical laboratory testing shall be performed on selected samples and will consist of in-situ moisture content and dry density, grain size analyses, Atterberg limits, shear strength, and corrosivity. In the event the existence of hydrocarbons is discovered during drilling; notify the City of San Marcos and CMWD and seal the hole. Environmental sampling and testing of the subsurface soils is not part of this work. The geotechnical report will address geotechnical aspects of the alignment and alternatives as related to pipeline design. Design recommendations for bearing capacity, soil modulus "E"', pipe flexibility, backfill and compaction requirements, pipe bedding, thrust blocks, pavement replacement will be made and included in the geotechnical report. Site conditions, earth materials, soil properties, slope stability, trenching, shoring, groundwater, excavation difficulty, liquefaction potential, anticipated corrosion potential of on-site soils, and seismology will be described and discussed. 4.3. 4.4. Obtain all required permits and perform required traffic control for the purposes of geotechnical investigation drilling on the basis that the costs for permits and traffic control will not exceed $1,000. Assume that the alignment is accessible for its personnel and truck mounted drilling equipment and that site access will be granted. TASK 5 - LEGAL DESCRIPTIONS AND PLATS (NOT USED) TASK 6 - 30% DESIGN SUBMITTAL 6.1. Prepare a preliminary design report for the Project. This letter report will accompany the 30% submittal plans. The report shall include: a cost estimate; the basis of pipeline design - pressure, surge, external loading; recommendations for pipe selection; corrosion control; a discussion of the pipeline horizontal alignment; and basis for other key design features. In addition, a section to discuss traffic control requirements and schematics will be provided in the preliminary design report. The report shall discuss jurisdiction of relevant government agencies and permits that will be required for the project. As part of the 30% Design Submittal, 30% complete drawings that include the proposed horizontal alignment for the pipelines, existing utilities, and proposed easements, and right-of-way demarcation shall be submitted. The preliminary design report will be issued only once, with comments generated by CMWD being incorporated into the subsequent design submittals. Five (5) copies CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 5 of the 30% Design Submittal, including preliminary design report and half-size 30 percent drawings, will be submitted to CMWD. Two sets of full size drawings will also be submitted. Following submittal and review of the 30% Design Submittal and preliminary design report, provide the District with a written response to all review comments within one week of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design submittal. 6.2. TASK 7 - CONSTRUCTION DRAWINGS 7.1. Prepare and deliver to CMWD the Project construction drawings. All cover sheets, sheet index, general notes, layout, profiles, construction details, and other related sheets shall be provided on CMWD standard "full size" sheets. Prepare plans at 1 inch = 40 feet horizontal scale and 1 inch = 4 feet vertical scale. California Coordinate System grid ticks shall be located on the plans and labeled. Provide a benchmark description and basis of bearing for the project control survey, which will be shown on the construction drawings. Sign and stamp all construction drawings. The construction drawings will be provided in digital format for AutoCAD software with layers to follow CMWD standard layers format. Pipeline plan and profile drawings will be prepared using AutoCAD with SoftDesk COCO, DTM, and Design Modules as needed for design. Deliver submittal and review plan packages to the CMWD. The number of sets of each plan will be five half size and two full size. CMWD will review the plans after each submittal and transmit review comments. Deliver the following plan packages to the CMWD: a. 7.2. 70% PS&E: Construction drawings will be submitted at the 70% complete level that incorporate comments from the 30% Design Submittal and Preliminary Design Report. b. 100% PS&E: Construction drawings will be submitted at the 100% complete level that incorporate comments from the 70% construction drawings. c. Final PS&E: Upon approval of final PS&E, furnish CMWD with approved drawings for advertising, including full size plan sheets on mylar, along with the CADD drawing files used to generate plots and electronic files of the spec if i cations. 7.3. Following submittal and review of each design submittal, provide CMWD with a written response to all review comments within two weeks of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design submittal. Construction drawings shall include adequate details for pipeline connections to existing pipelines, including valving as appropriate. 7.3. CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 6 7.5. Construction drawings shall include details for disconnection of the 27" main in San Marcos Boulevard from the potable water system and the connection of a new 30" water pipeline. There are no laterals on this segment of pipe. TASK 8 -TRAFFIC CONTROL AND SIGNAL PLANS 8.1. Prepare traffic control plans for the construction work along the entire length of the project. Prepare traffic handling plans, which show closure of lanes, detours, and number of available lanes. Included in these plans is signing, striping, and temporary signaling as necessary. Traffic control plans will be prepared in accordance with the requirements of the City of San Marcos. Traffic flow must be maintained on San Marcos Boulevard at all times. Final plans shall be prepared to the approval of the City of San Macros' Traffic Engineer. The basic standard used for traffic control design will be the latest edition of the Caltrans Manual of Traffic Controls in Construction and Maintenance Work Zones. For those areas not addressed by the Caltrans Manual, the following standards will be referenced: San Diego's Regional Standard Drawings, City of San Marcos Policies, and the latest edition of the Manual on Uniform Traffic Control Devices. Confer with the City of San Marcos traffic engineer at the start of the project and during the course of the design for guidance in development of traffic control plans and for evaluation of pipeline alignments that could impact traffic control. Coordinate with emergency services. Traffic control shall maintain reasonable access to private and commercial driveways and shall consider pedestrians and bicyclists, especially for routes to schools including San Marcos High School. 8.2. 8.3. TASK 9 - SPECIFICATIONS 9.1. Prepare contract technical specifications (Divisions 1 through 16) to supplement the CMWD Standard Specifications. The complete package will include bid proposal, contract agreement, insurance and bid schedules, the detailed technical specifications, bond forms, general provisions, special provisions, and reference to standard specifications. CMWD will provide the front end documents and the general provisions for red-line markup. Five (5) sets of technical specifications shall be provided to CMWD for review at each submittal beginning with the 70% submittal. Include provisions in the specifications to provide erosion control. TASK 10 - PROJECT COST ESTIMATE 10.1. Prepare a detailed construction cost estimate that represents the best estimate of the fair and reasonable price expected for each of the items of work to be performed as of the mid-point of construction. The preliminary design report construction cost estimate will be updated at each subsequent design submittal for design changes and advancements and will be included in the design submittal report. CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Rep TASK 11 -COMMUNITY GROUPS AND PERMITT acement - 6/30/04 - Page 7 NG 11.1. 11.2. 11.3. Attend local Community Groups and City Council meetings to assist the CITY. Determine jurisdictional boundaries and easements of public agencies and utilities over and adjacent to the proposed pipeline alignment. Identify regulatory agencies, permits, fees, and anticipated lead times for permit issuance. Prepare all required encroachment permit application and submit it to the agencies and the CITY will process the necessary checks to cover the cost of permits and review fees by the various permitting agency. Identify requirements regarding permits to be obtained by the contractor. Additional permits to be obtained by the contractor may be required for construction activities including, but not limited to: shoring, discharge of groundwater, well-point installations, handling regulated waste, offsite material storage, grading outside of right-of-way and blasting. TASK 12 - BIDDING PHASE SERVICES Bid phase services will be provided as requested by CMWD. The extent of bid phase services will be limited to the budgeted cost amount. 12.1. Provide responses to all written and telephone inquires as requested by CMWD. 12.2. Prepare addenda as needed to clarify technical questions and questions asked repeatedly by bidders, to include items omitted from the original bid documents, and as instructed by CMWD. Addenda must be reviewed by CMWD, and signed by the Deputy City Engineer. Sign and stamp addenda. TASK 13 - CONSTRUCTION PHASE SERVICES Construction phase services will be provided as requested by CMWD. The extent of bid phase services will be limited to the budgeted cost amount. Perform the following construction phase services as requested by CMWD: 13.1. Respond to requests for information regarding technical aspects of the design from the construction contractor and CMWD. 13.2. Review shop drawings and other submittals for compliance with the construction contract plans and specifications. 13.3. Revise and reissue construction drawings to incorporate design changes requested by CMWD. 13.4. Prepare record drawings from construction contractor markups. CITY OF CARLSBAD - San Marcos Blvd. Transmission Main Replacement - 6/30/04 - Page 8 PROPOSED FEE We have prepared a detailed fee estimate, see Table 1. We propose to provide the scope of services described herein on a time and materials basis, for a maximum fee not to exceed $249,940, in accordance with our Standard Hourly Rate Schedule, attached Table 2. PROPOSED SCHEDULE Once we receive the Notice to Proceed, we will revise the schedule presented in our bound proposal (June 8, 2004) and adjust the start and completion dates accordingly to the actual Notice to Proceed date. We will prepare a draft schedule for discussion at the Kickoff Meeting and a detailed schedule following that meeting. If you have any questions or require additional information, please do not hesitate to call. Daniel G. Smith, P.E. Principal Engineer DGS:meh Encl. C15-109-00 SM BLVD. Revised Proposal CARLSBAD MUNICIPAL WATER DISTRICT SAN MARCOS BLVD WATER TRANSMISSION PIPELINE REPLACEMENT LABOR HOURS AND FEE SCHEDULE TABLE 1 ?ASK 8 TRAFFIC CONTROL b.SIGt4AL 5 conwo UI Total 16 216 3% 140 404 0 1.112 126,388 91 20.000 63 7.288 15 1.540 1011 14.300 118 20.686 202 31.279 220 24.200 1.919 4.260 $2&9,34,3 Y I TABLE 2 HOURLY RATE SCHEDULE FOR SERVICES BY DANIEL BOYLE ENGINEERING March 1, 2004 CLASSIFICATION ................................................................................ BILLING RATE Managing Engineer ......................................................................... $150.00 per hour Principal Engineer ........................................................................... $140.00 per hour Senior Engineer II ............................................................................ $1 19.00 per hour Senior Engineer I ............................................................................. $1 12.00 per hour Senior Engineer ............................................................................... $1 03.00 per hour Associate Engineer II ......................................................................... $96.00 per hour Associate Engineer I .......................................................................... $92.00 per hour Senior Assistant Engineer .................................................................. $83.00 per hour Assistant Engineer II .......................................................................... $80.00 per hour Assistant Engineer I ........................................................................... $72.00 per hour Construction Representative .............................................................. $80.00 per hour Senior Designer II .............................................................................. $89.00 per hour Senior Designer 1 ............................................................................... $82.00 per hour Designer ............................................................................................ $72.00 per hour CAD / Drafter II ................................................................................. $66.00 per hour CAD / Drafter I .................................................................................. $55.00 per hour Word Processor ................................................................................. $60.00 per hour Intern / Aide ..................................................................................... $46.00 per hour Color Exhibit Plotting ....................................................................... 2.00 per sq. foot Mylar Plotting ................................................................................... 3.00 per sq. foot Other Supplies & Outside Services .......................................... Actual Cost Plus 10% Subconsultants .......................................................................... Actual Cost Plus 10% Preparation for Testimony, Deposition, Court Appearance, Expert Witness ............................................... $250.00 per hour 4 Hour Minimum, Plus Expenses It is agreed that the above rates and charges include normal clerical services (excluding word processing), auto travel, equipment and materials used in connection with providing our engineering services, except as noted above or within our written proposal or agreement. Monthly billings will be furnished for all services rendered. Payments shall be due and payable upon presentation of invoices. All rates are effective until March 1, 2005. For contracts beyond March 1, 2005 there will be a 4% increase per year, unless otherwise agreed upon in writing. All fees will be billed using the current rate in effect unless otherwise stipulated by proposal or agreement.