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Dudek; 2009-10-07; PWENG703
PWENG703 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 VANCOUVER LIFT STATION ABANDONMENT AND HDD SEWER EXTENSION, PROJECT NO. 5503 This second Project Task Description and Fee Allotment, is entered into on •Jc^/igx /*jT, <=3.o/O , pursuant to an Agreement between DUDEK, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional engineering services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 14, 2010, ("proposal"), attached as Appendix "A" for the Vancouver Lift Station Abandonment and HDD Sewer Extension, (the "Project"). The Project services shall include engineering design services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty (250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $97,126. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT PROFESSIONAL ENGINEERING SERVICES TASK GROUP Task 1 : Project Management Task 2: Field Reconnaissance, Data Collection & Utility Research Task 3: Survey & Mapping Task 4: Geotechnical Investigation Task 5: 30% Design Task 6: Construction Drawings TOTAL (Not-to-Exceed) LUMP SUM FEE $6,900.00 $9,000.00 $22,231.00 $20,070.00 $6,480.00 $32,445.00 $97,126.00 Executed by Contractor this l\***~ day of. CONTRACTOR: DUDEK, a California corporation (name of Contractor) By: Dudek Frank Dudek (print name/title)president L Juofe L. DUDEK, a California corporation (name of Contractor) , 2010. (prmTname/title) (e-mail address)(e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column 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. CITY ORjGARLSBAD, a municipal corporation of the State of California / (—~ --( I '^~' : (. ->By Date: City Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney )eputy City Attorne1 City Attorney Approved Version #07.24.02 DUDEK APPENDIX A ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.18 I 8 F 760.632.0 I 64 May 14, 2010 210084 Mr. Mark Biskup City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Engineering Services Proposal, Vancouver Lift Station Abandonment & HDD Sewer Extension, City of Carlsbad, California Dear Mr. Biskup: Dudek is pleased to submit this proposal for the design of a gravity pipeline that will enable abandonment of the City of Carlsbad Vancouver Lift Station (LS). We completed the preliminary alignment study for this project in early 2010. Project needs and constraints were identified and a new gravity sewer alignment from the Vancouver LS to the existing downstream collection system at Via De Canto Street was determined to be feasible. The Dudek Team has the local knowledge and experience to best execute the proposed project scope of work. The Vancouver LS Abandonment Project is very similar to the La Golondrina and La Costa Meadows Lift Station Pipeline Extension project Dudek designed for the City of Carlsbad in 2007. There are many project similarities including: installation under environmental open space with trenchless horizontal drilling construction methods; some open cut sewer pipeline realignment; connections to existing downstream pipelines; drilling constructability challenges; detailing the abandonment of the existing pump stations; and easement preparation. Per the City's request, Dudek has prepared the following scope of work to address the abandonment of the Vancouver LS and design of a gravity sewer extension utilizing trenchless methods and other related services. Scope of Work Task 1: Project Management Successful project management of the design process is essential to ensure quality workmanship within the scheduled allotment of time and in strict accordance with the scope of work. Strong lines of communication between Dudek and the City will be established early in the project and be maintained throughout completion. The kick-off meeting and regular progress meetings will be held both internally for quality control and externally with City staff to discuss work accomplished, upcoming events, design clarifications, transmission of design critical information, and monitoring of work progress relative to the schedule. Dudek utilizes an earned value WWW.DUDEK.COM Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Lift Station Abandonment and HDD Sewer Extension City of Carlsbad, California tracking system to monitor project progression to identify on a monthly basis the project schedule and budget status. This system has proven effective in managing successful projects by keeping the project on schedule, within budget and identifying key goals that lead to a successful project. Progress reports will be prepared monthly and submitted with the monthly invoice. Quality Control and Quality Assurance (QA/QC) is vitally important on any project. Included in the Project Management Plan (PMP) are specific milestones and responsible parties that will conduct quality control reviews of the work product. Dudek will continue to implement our stringent QA/QC program throughout the design process and in final preparation of the PS&E package. Estimated Cost for Task / $6,900.00 Task 2: Field Reconnaissance, Data Collection, and Utility Research During the preparation of this proposal, Dudek thoroughly walked the site and collected a photographic inventory of the area, particularly in challenging construction areas. Within one week of the Notice to Proceed, Dudek will begin the process of collecting utility and easement information within the entire project area. Collected utility information, and potential construction challenges will be factors in the pipeline alignment study. Dudek will research existing right of ways of record with the City of Carlsbad, County of San Diego, and San Diego Gas & Electric. Dudek will coordinate with utility owners to facilitate potholing of existing utilities within the path of the pipeline alignment. We anticipate between three to five potholes will be available within the fixed budget of $5,000 designated by the City for potholing. The location of potholing will be tied into the project plans through the surveying Task 3. Estimated Cost for Task 2 $9,000.00 Task 3: Surveying and Mapping Dudek will use Right-of-Way Engineering Services (ROW), subconsultant, for preparation of the surveying, mapping and easement documentation. Existing records of survey and horizontal/vertical control points will be researched. All surveys will be tied in horizontally and vertically into the City of Carlsbad monumentation to orient maps of record. A conventional field topographic survey will be completed to prepare base maps at a I" = 20* with 2' contour interval centerline, right of way lines, property lines, and existing easement shown on the record maps. Additional field surveying will be preformed to pickup utility features and potholing points. DUDEK 210084 2 May 2010 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Lift Station Abandonment and HDD Sewer Extension City of Carlsbad, California For portions of the alignment that cross private property, plat maps and legal descriptions of the required 20-foot wide easement will be prepared. Title reports will be collected. Preparation of up to four new legal descriptions and plat maps are anticipated for the private parcels affected by the new sewer alignment. Estimated Cost for Task 3 $22,231.00 Task 4: Geotechnical Investigation We have included the services of Ninyo & Moore Geotechnical Engineers to perform field borings and soils testing for this project. Ninyo & Moore will review available historic geologic, stereoscopic aerial photographs and soil information in the vicinity of the site, conduct a field reconnaissance, perform siting and staking of proposed exploratory boring locations, obtain required boring and right of way permits, perform soils borings and laboratory testing, and prepare a geotechnical design memorandum and final report. Soils testing work will be scheduled early in the project design phase to identify any immediate constraints related to the proposed drilling alignment. Four borings will be conducted, one at each end of the end of the drilling alignment, (entry and exit locations), and two along the alignment through the open land of Larwin Park. Borings will extend 5 to 10 feet below anticipated invert and jacking pit elevations. Boring depths are anticipated to range from 20 to 60 feet below existing ground surface. Upon completion of the field investigation and laboratory testing, a draft report will be submitted to Dudek for review. Any comments during this review will be reflected in the final report. The final report will be signed and stamped by a Registered Geotechnical Engineer. Dudek will oversee the preparation of a memorandum addressing geotechnical aspects of the alignment and alternatives as it relates to pipeline design. The memorandum will provide design recommendations for bearing capacity, soil modulus "E", pipe flexibility, backfill and compaction requirements, discuss site conditions, earth materials, soil properties, slope stability, trenching, shoring, groundwater, excavation difficulty and the use of trenchless construction methods. Dudek will submit a Final Geotechnical Report to the City. Estimated Cost for Task 4 $20,070.00 Task 5: 30% Design Following the utility research, surveying, mapping and geotechnical investigation, Dudek will proceed with the preparation of the 30% Construction Documents. The 30% design plans will DUDEK 210084 3 May 2010 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Lift. Station Abandonment and HDD Sewer Extension City of Carlsbad, California be prepared, including delineated public right of way, topographic information and existing utilities, required easements, and horizontal pipe alignment. Five copies of the 30% construction plans (I I"xl7") will be submitted. Estimated Cost for Task 5 $6,480.00 Task 6: Construction Drawings Once the City has had an opportunity to review the 30% construction plans, a meeting will be held between Dudek and the City to discuss comments and coordinate the final design. Dudek will then proceed with preparation of the final construction drawings. Plan and profile drawings will be 20-scale horizontal 8-scale vertical on D-size paper, consistent with City standards. Lift station abandonment details will be consistent with past projects including utilizing as-built record drawings as a background for detailing the demolition. Benchmark description and basis of bearing for project control will be shown on the drawings. Proposed new easements and abandonment's will be shown. Four submittals will be made during the design process. • 70% submittal will incorporate comments from the 30% submittal. Plans will include title sheet, construction notes, both horizontal and vertical alignments. Five (5) sets will be submitted (I I"xl7"). • 90% PS&E submittal package will incorporate comments from the 70% submittal. Plans will include title sheet, construction notes, both horizontal and vertical alignments, and partial details. Five (5) sets will be submitted (D-Size). • 100% PS&E submittal package will incorporate comments from 90% submittal and all remaining details. Five (5) sets will be submitted (D-Size). • Final submittal will incorporate comments from 100% submittal. Final PS&E package will be signed and stamped by the engineer of record and be suitable for advertising, including plan sheets on mylar and digitally in AutoCAD 2005 format. One (I) mylar set of plans, one hard copy of the technical specifications, bid sheet and construction cost estimate, and one (I) compact disc containing the electronic version of each item will be submitted. Dudek will prepare contract technical specifications in Construction Specification Institute (CSI) format to supplement the City's Standard Specifications as well as prepare the bid proposal table utilizing quantity take-offs from the plans. The complete package assembled by the City will include bid proposal, contract agreement, insurance and bid schedules, the contract drawings and detailed technical specifications, bond forms, general provisions, special provisions and standard specifications. Five (5) copies of the specifications will be submitted with the 90%, 100% and final submittals. DUDEK 210084 4 May 2010 Mr. Mark Biskup Re: Engineering Services Proposal, Vancouver Lift Station Abandonment and HDD Sewer Extension City of Carlsbad, California Dudek will prepare a detailed construction cost estimate for each item of work and submit the estimate with the 90%, 100%, and final submittal packages. Estimated Cost for Task 6 $32,445.00 Project Schedule The following lists anticipated project milestones. Notice to Proceed June, 21 2010 Submittal of 30% review package August 30, 2010 Submittal of 70% review package September 20, 2010 Submittal of 90% review package October 20, 2010 Submittal of 100% review package November 5, 2010 Submittal of final design package November 29, 2010 Cost Summary Dudek will complete the scope of work, including Tasks I thru 6 described above, on a time and materials basis. The proposed labor fee for completion of the work is $96,526. All work will be billed in accordance with our 2010 Standard Schedule of Charges, as included within our master agreement. Direct costs include field equipment, reproduction costs, and mailing costs. Direct costs are estimated to not exceed $600.00 All work will be billed on a time and materials basis with a not-to-exceed $97,126, including labor and reimbursable direct costs. Please do not hesitate to contact me with any questions or concerns that you may have regarding the context of this proposal at 760.479.4107 or rbergholz@dudek.com. Sincerely, uji Russ Bergholz E. Senior Project Manager Dudek Alt DUDEK 210084 5 May 2010 PROJECT TASK DESCRIP.TION AND FEE ALLOTMENT NO. 1 LA GOLONDRIA & EL FUERTE STREET SEWER EXTENSIONS PROJECT NOS. 3951 & 5500 This firt Project Task Description and Fee Allotment, is entered into on 1 b pursuant to an Agreement between DUSznia czip<~tfon, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Professional Engineering in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 26, 2010, ("proposal"), attached as Appendix "A" for the La Golondrina & El Fuerte Street Sewer Extensions, (the "Project"). The Project services shall include engineering construction support. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer @ a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred fifty (250) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups, Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City throu~h the mechanism of a separate Proiect Task Descriotion and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $32,400. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT PROFESSIONAL ENGINEERING SERVICES Executed by Contractor this . day of ,201-a. TASK GROUP Task 1 Construction Support Services Task 2 Onsite Inspection Task 3 Record Drawings Reimbursables (mileage, reproduction, etc.) TOTAL (Not-to-Exceed) CONTRACTOR: DUDEK, a California corporation LUMP SUM FEE 16,200 10,400 5,600 200 $32,400 DUDEK, a California corporation (name of Contractor) 4a7Eg , - (print nameltitle) (print nameltitle) /~07~12*fl Rnrx ./- (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B_ Chairman, president or vice-president 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) sigl?ing to bind the corporation. CITY Of CARLSBAQramunicipaI corporation of the State of California By: ("'J;flLi hEi/ ,, [;+ q Date: .&J4/'(f -- Id' ~i@ Engineer APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: City Attorney Approved Version #07.24.02 APPENDIX "A" DUDEK CORPORATE OFFICE 605 THIRD STREET ENCINITAS. CALIFORNIA 92024 T 760.942.5 147 T 800.450.18 18 F 760.632.0 164 February 26,20 10 Mark Biskup Public Works Engineering - Design Division City of Carlsbad 1 635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for As-Needed Construction Support for the La Golondrina and El Fuerte Street Sewer Extensions Dear Mr. Biskup: We want to thank you for the opportunity to provide our proposal to assist the City with engineering support during the construction phase of the above referenced project. The following proposed scope of work includes as-needed construction support services, as-needed onsite inspection of HDD operations, and record drawings preparation through the construction phase of this project. Exhibit "A" attached provides a breakdown of work tasks and estimated hours of effort. Based on our understanding of the project elements, Dudek will provide as-needed construction assistance to the City, review of submittals, attend construction meetings as-needed, help the City address questions during construction, provide part-time onsite inspection during Horizontal Directional Drill (HDD) operations, and incorporate contractor provided redline markups into final as-built record drawings. We propose to perform the work on a time and materials bases, with an estimated total cost of $32,400. The extent of work may vary considerably based on the construction schedule, impacts of weather, number of submittals, number of requests for information, potential change orders, and involvement by the City. Our goal is to keep lines of communication open facilitating each stakeholder in the project (Owner, Contractor and Engineer) to work effectively in completing the project on schedule and within budget. Since, Senior Project Manager Attachments: Attachment A - Scope of Services Attachment B - Cost Estimate ATTACHMENT A - SCOPE OF SERVICES AS-NEEDED CONSTRUCTION ASSISTANCE DURING CONSTRUCTION OF THE LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS Dudek will provide as-needed construction support services to the City Project Manager (PM), as- needed onsite inspection services during HDD operations, and record drawing preparation for this project. Task I - As-Needed Construction Support Services. Dudek will assist the City PM with submittal reviews, attending construction meetings, and help address questions during construction on an as needed basis. The level of effort for this task is estimated at up to 90 hours. Task 2 - Onsite lnspection 1 Field Engineering Dudek will provide specialized part-time onsite inspection in support the HDD construction. lnspection and monitoring will focus on confirming that the HDD contractor adhere to construction performance specifications. The level of effort for this task is estimated I0 hours a week for 8 weeks, totaling 80 hours. Task 3 - Preparation of Record Drawings. The City Inspector/construction manager should maintain an up-to-date record of construction changes on the field "redline" plan set. Upon completion of the construction, the "redline" plan set will be provided to Dudek to prepare Record Drawing corrections to the original plans. Dudek will prepare a draft copy of the record drawings for City review. Upon receipt of City comments on the draft record drawings, we will finalize the Record Drawings, including either hand edits to the original mylars, or re-printing new plan sheets, depending on the extent of changes. Based on our experience with projects of similar scope and size, we anticipate an effort of up to 56 total hours of CADD effort to make revisions to the original contract mylars. We do not anticipate changes that will require significant revisions to the electronic drawing files. This effort is largely dependent on the completeness and clarity of the redlined drawings provided to us by the contractor and the City Inspector. Upon review of the field documentation, we will evaluate the required effort and noti+ the City should we feel that the effort is more extensive than originally anticipated. We will work with the City to complete Record Drawings within the budget objective. Exclusions. The following services are not anticipated to be required and are hereby excluded: Permit compliance documentation, follow-up, and support for permits required by outside agencies. Preparation of Operations and Maintenance manuals. Environmental Documentation. Coordination for project funding. Geotechnical investigations, compaction testing, soils evaluation, etc. Surveying, construction staking, etc. Material testing including concrete, soils, metals, etc. DUDEK 5444- 1 February 25.20 10 ATTACHMENT B - COST ESTIMATE AND FEE SCHEDULE The following is a breakdown of the identified individual tasks associated with the project. City of Carlsbad La Golondrina and El Fuerte Street HDD Sewer Extensions Construction Support Services and As-Needed lnspection Cost Estimate Dudek anticipates that individual task and subtask budget estimate amounts may be internally reallocated as needed within the contract as a whole. billable rate: labor code: DESCRIPTION Task 1 - Construction Support Services Review of submittals, Attend Meetings, Assistance to City PM, Project Management of Tasks 2 and 3 Su b-Total Task 2 - Onsite lnspection As-needed onsite inspection Sub-Total Task 3 - Record Drawings Record Drawings Preparation Su b-Total Reimbursables (mileage, reproduction, etc) TOTAL BUDGET ESTIMATE The final level of effort associated with this proposal is dependent on many factors out of control of Dudek. Therefore we will provide our services on a hourly basis, as needed and requested by the City up to the contract amount. In the event that effort is necessary or requested after the contract amount has been exhausted, Dudek must negotiate a contract amendment authorization prior to continuing work. DUDEK $180 Senior Proj. Mgr. 90 90 90 5444-1 February 26.20 10 $1 30 Construc. Engineer 80 80 80 $1 00 CADD 56 56 56 TOTAL $ 16,200 $ 16,200 $ 10,400 $ 10,400 $ 5,600 $ 5,600 $ 200 $ 32,400 PWENG703 MASTER AGREEMENT FOR PROFESSIONAL SEWER ENGINEERING SERVICES (DUDEK) r. THIS AGREEMENT is made and entered into as of the / _ day of (V QjU-Ju^ 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and DUDEK, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in sewer engineering services. B. The professional services are required on a non-exclusive, project-by- project basis. C. Contractor has the necessary experience in providing professional services and advice related to sewer engineering services. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years starting December 6, 2009. City Attorney Approved Version #04/03/02 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 4 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) per Agreement year. The total amount of the Agreement shall not exceed six hundred thousand dollars ($600,000) for the complete Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager, or Public Works Director, as his designee, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version #04/03/02 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City 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. City, 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. City Attorney Approved Version #04/03/02 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 City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code 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 City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City 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. City 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. City Attorney Approved Version #04/03/02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City 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 City. 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 City. 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 City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name William Plummer Name Russ Bergholz, PE Title Deputy City Engineer Title Senior Project Manager Dept Public Works - Design Division CITY OF CARLSBAD DUDEK Address 1635 Faraday Avenue Address 605 Third Street Carlsbad, CA 92008 Encinitas, CA 92024 Phone No. (760) 602-2768 Phone No. (760)942-5147 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 City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City'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 City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04/03/02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City 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 City 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, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. 6 City Attorney Approved Version #04/03/02 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. 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. City 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, City 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 City 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 City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., 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 City 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 City 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. City Attorney Approved Version #04/03/02 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City 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 City, 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. City Attorney Approved Version #04/03/02 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this day of CONTRACTOR: DUDEK, a'California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (pnntname/title) TcttW e k<3. Dudek Frank Dudek President ATTEST: (e-mail address) (print name/title) k, cow> (e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column 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.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: JQJ20O4- Deptfty Qit^Attornet City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California c: County of On Sfij'1 Date before me, personally appeared I^T/U' 1 K <Pi/U2J£ Y-ffr- 1780144 MolQfy PubNc • CoMoinio § Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^)* whose name^is/ar^ subscribed to the within instrument and acknowledged to me that heTshe/fijey executed the same inte/fcerraiej)- authorized capacity^), and that by hts/h^hejr signature^) on the instrument the person^? or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature . OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: K/1(K If f Mf- Document Date: V)£?f CJg Cf U/\ ()f CA-? [<*h \ DOfl I <5g IT V \ C£ Number of Pages:./ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ^ Corporate Officer — Titlet^: D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Pi/VcU i Signer's Name:N/ € P. /I \T i D Individual ,. lCl£rvr [^Corporate Officer — Titlej^: L. RIGHT THUMBPRINT OF SIGNER Top of thumb here u Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cfiatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" Rate Schedule .* DUDEK 2009 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director $205.00/hr Program Manager S190.00/hr Principal Engineer II S180.00/hr Principal Engineer I S170.00/hr Senior Project Manager S160.00/hr Project Manager S145.00/hr Resident Engineer S135,00/hr Senior Engineer II Senior Engineer I Associate Engineer . Project Engineer IV.. Project Engineer III... Project Engineer II.... Project Engineer I Field Engineer II ...S135.00/hr ...S125.00/hr ...S115.00/hr ...S110.00/hr ...S100.00/hr $95.00/hr $85.00/hr ...5110.00/hr Field Engineer I S100.00/hr Engineering Assistant $75.00/hr Right-of-Way Management Services Principal ROW Manager S170.00/hr ROW Project Manager S140.00/hr ROW Senior Engineer S125.00/hr ROW Engineer S115,00/hr ROWTechnician S105.00/hr ROW Research Analyst $75.00/hr Environmental Services Principal S210.00/hr Senior Project Manager/Specialist S195.00/hr Environmental Specialist/Planner VI S170.00/hr Environmental Specialist/Planner V S150.00/hr Environmental Specialist/Planner IV S135.00/hr ' Environmental Specialist/Planner III S125.00yhr Environmental Specialist/Planner II S110.00/hr Environmental Specialist/Planner I S100.00/hr Analyst $85.00/hr Planning Research Assistant $70.00/hr Construction Management Services Principal/Manager S195.00/hr Senior Construction Manager S180.00/hr Senior Project Manager S160.00/hr Construction Manager S150.00/hr Project Manager S140.00/hr Resident Engineer S135.00/hr Construction Engineer S130.00/hr On-site Owner's Representative S105.00/hr Construction Inspector III S120.00/hr Construction Inspector II S110.00/hr Construction Inspector I $100.00/hr Hydrogeological Services Principal S205.00/hr Prac*G&Maflager,mm™.™.,,,,,.™_. S185.QQAir _ Sr. Environmental Engineer S185.00/hr Sr. Hydrogeologist/Sr. Proj Mgr S165.00/hr Project Manager S150.00/hr Associate Hydrogeologist/Engineer S135.00/hr Hydrogeologist IV/Engineer IV S120.00/hr Hydrogeologist Ill/Engineer III S110.00/hr Hydrogeologist Il/Engineer II S100.00/hr Hydrogeologist I/Engineer I $90.00/hr Technician $85.00/hr District Management 8. Operations District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr District Secretary/Accountant S85.00/hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade III Operator S80.00/hr Grade I Operator S55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II S55.00/hr Collection Maintenance Worker I S40.00/hr Office Services Technical/Draft/ng/CADD Services 3D Graphic Artist $140.00/hr Senior Designer $120.00/hr Designer $105.00/hr Assistant Designer $85.00/hr GIS Specialist IV $135.00/hr CIS Specialist III :$120.00/hr GIS Specialist II $110.00/hr GIS Specialist I $100.00/hr CADD Operator II S95.00/hr CADD Operator I $85.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor $160.00/hr 3-Person Survey Crew $235.00/hr 2-Person Survey Crew $205.00/hr 1-Person Survey Crew $110.00/hr Survey Analyst $110.00/hr Asst. Survey Analyst/CADD Mapper $80.00/hr Support Services Technical Editor III $130.00/hr Technical Editor II $110.007hr Technical Editor I $90.00/hr Publications Assistant III S90.00/hr Publications Assistant II $80.00/hr Publications Assistant I $70.00/hr Clerical Administration $70.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours wll be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside dak processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at 55.0 cents per mile. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges. - AH fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1 %) per month of the outstanding balance until paid in full. DUDEK. Master Agreement Civil Engineering - Sewer 14