HomeMy WebLinkAboutDaniel Boyle Engineering; 2005-12-12;AGREEMENT FOR PIPELINE DESIGN SERVICES
(DANIEL BOYLE ENGINEERING)
THIS AGREEMENT is made and entered into as of the / + day of
, 20K by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and
a Subsidiary District of the City of Carlsbad, referred to as (ICMWDII), and
DAN1 EL BOYLE ENG IN EERl NG, a California corporation, ("Contractor").
aYaJ?K
RECITALS
A. CMWD requires the professional services of a civil engineering company
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to CMWD and has affirmed its
that is experienced in pipeline design.
services and advice related to pipeline design.
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:
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 two (2) years from the date
first above written.
4.
Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be an amount not-to-exceed one hundred ninety eight thousand five hundred forty
nine dollars ($198,549). 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 should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD will not be required to pay any workers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD for the acts and omissions of Contractor's subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as Contractor is
for the acts and omissions of persons directly employed by Contractor. Nothing
contained in this Agreement will create any contractual relationship between any
subcontractor of Contractor and CMWD. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
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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 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 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum
unless the General Counsel or Executive Manager approves a
minimum amounts of coverage will not constitute any limitations
limits indicated below,
lower amount. These
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.
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10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional 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.
1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions :
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 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.
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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 CMW D: For Contractor:
Name David Ahles Name Dan Smith
Title Sr. Civil Engineer Title Managing Engineer
Address 1635 Faradav Avenue Carlsbad. CA 92008
Carlsbad Municipal Water District Address 5650 El Camino Real, Suite 155
Carlsbad, CA 92008 Phone No. (760) 433-871 0
Phone No. (760) 602-2748 Smith Q dboyle-eng.com
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16, CONFLICT OF INTEREST
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.
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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 (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such 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.
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20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty' CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22, CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et 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.
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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 f6r 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.
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26. AUTHORITY The individuals executina this Aareement and the instruments referenced in it on behalf of Contractor each repkent &d 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
DANIEL BOYLE ENGINEERING, a
California corporation
DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1 ,
&& (sig h e)
7/Jpn745 5, d/Cp: d.-.
( p r i n t n amelt i t le)
**By:
(sign here)
(print namehitle)
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. Chairman, President, or Vice-president
**Group 6.
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 off icer(s) signing to bind the corporation.
APPROVED AS TO FORM:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of
County of
On z/ %&1/ f- before me, &&&%/ me
personally appeared 7%fifWe 2, I%&&KhP 3
0 personally known to me - OR -p proved to me on the basis of satisfactory evidence
to be the person(s) whose name(sp
subscribed to the within instrument and ac-
knowledged to
the same in
capacity(ies),
signature(s) on
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
"'1 7
NAME, TI* OF OFFICER -E G , 'JANE DOE. NOTAR~~UBUC- .DATE
-72. - 4
NAME(S) OF SIGNER(S)
I I OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
\ I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL #MCsm@/-
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT m(S)
0 PARTNER@) 0 LIMITED
ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR
0 GENERAL
c 0 OTHER: Li!/&/-&9 ELATE b~ DOCUMENT 1
SIGNER IS REPRESENTING: NAME OF PERSON@) OR EMITY(IES) 0 c
SIGNER(S) OTHER THAN NAMED ABOVE
1 N
81993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Am., P.O. Box 7181 Canqa Park, CA 91304-7184
D~NIEL BOYLE ENGINEERING
Consulting Engineers
CERTIFIED RESOLUTION
OF
BOARD OF DIRECTORS
OF
DANIEL BOYLE ENGINEERING, INC.
I, Lois E. Hooker, Secretary of Daniel Boyle Engineering, Inc., a corporation organized
March 23, 1982 and existing under the laws of the State of California, do hereby certify that
at a duly convened meeting of the Board of Directors of Daniel Boyle Engineering, Inc., held
on the 7th day of March, 2002, at the offices of said corporation at 23231 South Pointe
Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was duly adopted:
RESOLVED:
That the following company officer is designated and authorized to execute and sign
documents, or to sign the corporate name without limitation, except where otherwise
provided by law, and such execution or signature shall be binding on the corporation:
Thomas B. Hooker, jr.; President
IN WITNESS WHEREOF, I have hereunto set my hand as of the 7th day of March, 2002.
23231 South Pointe Drive Suite 103 * Laguna Hills - CA 92653 (949) 768-2600 - Fax (949) 586-5188 * www.dboyle-eng.com
Exhi bit "A"
Scope of Services
The project will consist of teh following Scope of Services, as a minimum for design of
the El Camino Real Water System Projects as described above.
Task 1 - Project Mariagerrient
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Daniel Boyle Engineering (DBE) will manage this project with responsibility for
the execution of the overall work effort. DBE will provide project management and
administration including attending meetings, quality control/quality assurance, utility
and subconsulting coordination, scheduling, budgeting, progress reporting, and
invoicing.
DBE's Project Manager will monitor and direct work activities on this project in
accordance with the contracted work scope and schedule. Regular project team
meetings will be held in at least bi-weekly intervals to review work in progress.
Meetings - The Project "Kick-Off' Meeting will be held within a week of Notice
to Proceed. This meeting should include representatives from, but not limited to,
CMWD, City of Carlsbad Engineering Department, DBE, and subconsultants. The
primary objective is to establish project protocol, finalize the project schedule, and
identify key technical issues. Attend progress meetings following each submittal to
discuss review comments. DBE shall provide agenda and meeting minutes.
DBE shall maintain close contact between the Project Manager, CMWD 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.
DBE shall 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.
Regular communications will be facilitated through the Project Manager. DBE's staff
and other team members will be available to meet with CMWD personnel to discuss
technical or administrative issues to keep the project on track.
Project management will include a Quality Control/Quality Assurance Program to
review the final preparation of the plans, specifications, and estimate.
Task 2 - field Reconnaissance, Data Collectionl and Utility Search
2.1 DBE shall perform a reconnaissance survey to become familiar with the alignment
corridor, develop a photographic inventory, and identify difficult construction areas.
DBE shall obtain and review all available reports, right-of-way maps, drawings,
and standard specifications from CMWD, the City of Carlsbad, and from other local
agencies.
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
2.2 DBE shall collect and review utility maps and easement information regarding
Daniel Boyle Engineering Exhibit "A" - I
Exhibit”A”
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. San Diego Gas & Electric
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.
2.3 DBE shall arrange with utility owners mark-outs and potholing of existing utilities in
area of proposed pipeline alignment conflict. DBE 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. Costs for vacuum extraction can vary
significantly depending on the timing, location and number of potholes provided.
An allowance of $20,000 is included in the scope of work based on utilizing a
vacuum extraction firm such as AirX or Safe-R-Dig who are familiar with all City
of Carlsbad requirements for completing this effort including traffic control and
pavement replacement.
PKs set by the potholer, reference points to pothole locations, and provide coordinate
and elevation data for each. This information will be presented on the construction
drawings. DBE will advise CMWD if additional potholing beyond the allowance is
recommended. DBE shall 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.
2.4 Following markouts and potholing of the existing utilities, DBE will field survey
Task 3 - Surveying and Mapping
3.1 DBE shall 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. DBE will research County of San Diego and City of
Carlsbad control data survey control points and benchmarks within and adjacent to
the project. DBE will set aerial panels as needed to produce mapping National Map
Accuracy standards and will tie them to the project control. The aerial mapping
coverage will be suffient to show the limits as required for traffic control.
3.2 DBE shall develop topographic survey by photogrammetric methods for the pipeline
alignments. The mapping will include I-foot contour intervals at l-inch=40ft scale
and labeled California 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. DBE shall field
check aerial survey data and shall invert elevations of culverts and drain pipes and
elevation of top of water valve operating nuts within the mapped area.
Daniel Boyle Engineering Exhibit “A” - 2
City of Carlsbad
El Carnino Real Wafer System Projects
Design Engineering Services
Exhibit ”A”
3.3 DBE shall 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 appurtances. DVE will obtain City of Carlsbad GIS
mapping of parcels to superimpose existing parcel lines along the pipeline comdors
on the topographic mapping. Existing rights-of-way will be mapped from street
improvement plans and mapped locations of right-of-way analysis are included in
this task.
Task 4 - Geotechnical Investigation
4.1
4.2
4.3
4.4
DBE shall 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
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 soil borings, soil borings, laboratory testing, and preparation
of 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.
DBE shall conduct soil borings, perform laboratory tests, and analyze test data.
The field exploration program will consist of drilling, logging, and sampling 5
exploratory test borings with a truck mounted drill rig along the proposed pipeline
alignment. Proposed boring locations will be reviewed with CMWD prior to
drilling. Five (5) boring shall be drilled to a depth of 10 to 15 fi 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, hydrocarbons is discovered by DBE during drilling;
DBE shall immediately notify the City of Carlsbad 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.
DBE shall 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. DBE may assume that the alignment is
accessible for its personnel truck mounted drilling equipment and that site access
will be granted.
Daniel Boyle Engineering Exhibit - 3
City of Carlsbad
El Camino Real Water System Projects
Design Engineering Services
Exhibit “Aff
Tdsk 5 - Legal Descriptions and Pldts (Not Used)
Task 6 - 30% Design Submittal
6.1
6.2
DBE shall 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 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, DBE shall 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.
7.1
7.2
Task 7 - Construction Drawings
DBE shall 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. DBE
shall prepare plans at 1 inch=40 feet horizontal scale and 1 inch=8 feet vertical scale.
California Coordinate System grid ticks shall be located on the plans and labeled.
DBE shall provide a benchmark description and basis of bearing of the project
control survey, which will be shown on the construction drawings. DBE shall sign
and stamp all construction drawings. The construction drawings will be provided in
digital format for AutoCAD sofhvare with layers to follow CMWD standard layers
format and City of Carlsbad GIS Standards. Pipeline plan and profile drawings will
be prepared using AutoCAD with SoftDesk COGO, DTM, and Design Modules as
needed for design.
DBE shall 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 to DBE. DBE shall deliver
the following plan packages to the CMWD:
a. 90% PS&E: Construction drawings will be submitted at the 90% complete level
that incorporate comments from the 30% Design Submittal and Preliminary
Design Report. Digital drawing format will be checked for compatibility with
City of Carlsbad GIS Standards.
Daniel Boyle Engineering Exhibit “A” - 4
City of Carlsbad
El Camino Real Water System Projects
Design Engineering Services
Exhibit "A"
7.3
7.4
7.5
b. 100% PS&E: Construction drawings will be submitted at the 100% complete
c. Final PS&E: Upon approval of final PS&E, DBE shall furnish CMWD with
level that incorporate comments from the 90% construction drawings.
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
specifications.
In addition to the plans and specifications, DBE shall include with each design
submittal a technical memorandum that will address any changes to the design since
the subsequent submittal, will update the construction cost estimate as necessary, and
will include calculations completed to date. The design submittal TM will bring to
the attention of CMWD any specific issues requiring special attention.
Following submittal and review of each design submittal, DBE shall 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.
'Task 8 -"lraffic Control and Signal Plans
8.1 DBE shall prepare traffic control plans for the construction work along the entire
length of the project. DBE shall 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 Carlsbad. Traffic flow must be
maintained on El Camino Real at all times. Final plans shall be prepared to the
approval of the City of San Macros' Traffic Engineer.
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 Carlsbad Policies,
and the latest edition of the Manual on Uniform Traffic Control Devices.
8.3 DBE shall confer with the City of Carlsbad 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. DBE shall 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.
8.2 The basic standard used for traffic control design will be the latest edition of the
Daniel Boyle Engineering Orhibit "A" - 5
Ex h i bit "A"
Task 9 - Specifications
9.1 DBE shall 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 DBE the front end documents and
the general provisions for red-line markup. Four (4) sets of technical specifications
shall be provided to CMWD for review at each submittal beginning with the 90%
submittal.
9.2 DBE shall include provisions in the specifications to provide erosion control.
Task 7 0 - Project Cost Estimate
10.1 DBE shall 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.
Sc h ed ij I e
DBE shall perform the Design Engineering Services described above in accordance with
the following schedule:
b Submittal of Preliminary Design Report 90 days from Notice to Proceed
b Submittal of 90% Design Submittal 150 days from Notice to Proceed
b Submittal of 100% Design Submittal 180 days from Notice to Proceed
b Submittal of Final Design 210 days from Notice to Proceed
The above schedule is based on two week review time by CMWD and continuation of
work by DBE during review periods.
Daniel Boyle Engineering Exhibit "A" - 6
City of Carlsbad
El Camino Real Water System Projects
Design Engineering Services
DBE Hourly Rate Schedule
Classification
Managing Engineer
Principal Engineer
Senior Engineer I1
Senior Engineer I
Senior Engineer
Associate Engineer I1
Associate Engineer I
Senior Assistant Engineer
Assistant Engineer I1
Assistant Engineer I
Construction Representative
Senior Designer I1
Senior Designer I
Designer
CAD / Drafter I1
CAD / Drafter I
Intern /Aide
Word Processor
Color Exhibit Plotting
Mylar Plotting
Other Supplies & Outside Services
Subconsultants
Preparation for Testimony, Deposition,
Court Appearance, Expert Witness
4
Exhibit "C"
Billing Rate
$157.00 per hour
$142.00 per hour
$128.00 per hour
$118.00 per hour
$108.00 per hour
$100.00 per hour
$ 96.00 per hour
$ 87.00 per hour
$ 84.00 per hour
$ 75.00 per hour
$ 84.00 per hour
$ 93.00 per hour
$ 86.00 per hour
$ 75.00 per hour
$ 69.00 per hour
$ 57.00 per hour
$ 48.00 per hour
$ 63.00 per hour
2.20 per sq. foot
3.30 per sq. foot
Actual Cost Plus 10%
Actual Cost Plus 10%
$275.00 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 , 2006. For contracts beyond March 1,2006 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.
Daniel Boy/e Engineering Exhibit "C" - 1