HomeMy WebLinkAbout2002-03-05; Municipal Water District; 519; Engineering Services Agmt w/ Boyle EngineeringCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BIL
SERVICES AGREEMENT WITH BOYLE ENGINEERING FOR
DESIGN OF EL CAMINO REAUALGA ROAD TR
PIPELINES INCLUDED IN THE ENCINA BAS
RECLAMATION PROGRAM, PHASE II PR
RECOMMENDED ACTION:
Adopt Resolution No. il'il
agreement with Boyle Engineering Corporation for design of the El Camino ReaVAlga Road
to approve and authorize an engineering services
Recycled Water Transmission Pipelines included in the Encina Basin Water Reclamation
Program, Phase II Project, Project No. 3887, and appropriate funds.
ITEM EXPLANATION:
The Encina Basin Water Reclamation Program, Phase II Project (Phase II), will increase the capacity of the recycled water system from 3 mgd to 8 mgd. Recycled water will be used to meet irrigation demands and industrial uses in Carlsbad. The El Camino ReaVAlga Road Recycled
Water Transmission Pipelines in this design will enable the recycled water processed at the Carlsbad Water Recycling Facility (CWRF), currently under design via separate contractor, to reach customers located in the southeast quadrant of the City. This design contract consists of approximately 20,000 feet of 24-inch diameter Recycled Water Transmission main in Melrose Avenue, Alga Road, and El Camino Real as well as 800 feet of 18-inch in diameter
8-inch diameter pipeline in Melrose Avenue, and 10 Recycled Water Service Laterals. pipeline in Cassia Road, 1,350 feet of 12-inch diameter pipeline in El Fuerte Street, 750 feet of
firms. On February 4, 2002 five proposals to perform design engineering services were submitted On January 7, 2002, a request for qualifications and proposals were sent to six Civil Engineering
to the Engineering Department. The qualifications and proposals were reviewed and ranked by a selection committee composed of Engineering Department staff members. The firm of Boyle Engineering Corporation is recommended as the most qualified firm and most responsive
proposal for this project.
ENVIRONMENTAL REVIEW:
On January 25, 2000, the Board of Directors certified a Mitigated Negative Declaration for the
Phase II project under Case No. EIA 99-09: CMWD Project No. 98-301.
FISCAL IMPACT:
The total cost for the Phase II project is $38.6 million and the major items of work are shown in the
Table below.
Page 2 of Agenda Bill No. 5
$15.8 million. The El Camino ReaVAlga Road Recycled Water Transmission Pipelines is the first Item No. 3 in the table shows the total cost for pipelines and pressure reducing stations at
of eleven pipeline projects contained within this total cost. The total fee payable for engineering design services under this agreement is $352,806 for design phase, $2,940 for bidding phase, and $30.000 for additional as-needed services for a total of $385,746. The agreement, however, may be extended an additional year if necessary to complete the scope of work or to accomplish additional needed services. The construction costs associated with the El Camino ReaVAlga Road Recycled Water Transmission Pipelines is estimated at $3.4 million. The remaining ten pipeline projects for other service areas will be designed under separate contracts. An appropriation of $15.8 million is required from the Recycled Water Fund for all eleven pipeline projects.
The project is being financed through a combination of local, State, and Federal funding programs. These programs include the following:
SWRCB Loan and Grant - On January 23, 2002, the State Water Resources Control Board aDDrOVed a $31 million low-interest loan and $5 million grant to CMWD. The interest rate on the loan is based on one-half of the State’s general obligation bond rate, and is expected to be
water to irrigation customers. approximately 2.5% annually. It will be repaid from revenues generated by the sales of recycled
Capital Replacement Fund for the Phase II project. These appropriations are intended to fund the Local Fundlnq - Under previous resolutions, the Board appropriated $4.6 million from the Water
cost of items such as preliminary engineering, right-of-way and engineering and construction management expenses which are determined to be not eligible under the SWRCB grant or loan programs.
Between the local funding and the State funding, there is a total of $40.6 million available which is sufficient to fund the construction of the Phase II project.
Federal Fundlnq - In 1997, the Phase II project was also authorized to receive a 25 percent Droiect grant from the Federal Bureau of Reclamation (BUREC). The BUREC is completing the Naiionar Environmental Policy Act (NEPA) documentation, which will allow the BUREC to enter
the Phase II project. It is estimated that CMWD may receive $2 million in grant funding this current into an agreement with the CMWD to receive annual appropriations as approved by Congress for
fiscal year, and additional grant funds in subsequent fiscal years. The total maximum amount of funding from the BUREC could amount to approximately $9 million. The SWRCB grant and the BUREC grant can be combined on the Phase II project, which would total approximately $14 million. If the BUREC grant is received, it will allow the CMWD to repay the SWRCB loan earlier; thereby, reducing the ongoing costs of the project.
The Phase II project was also appropriated approximately $2.2 million from the Environmental Protection Agency (EPA). The EPA is waiting for the NEPA process to be completed by the
cannot be combined, however. BUREC before proceeding with formal approval of the grant. The EPA grant and the BUREC grant
The estimated cost for the pipeline design and construction has been incorporated into the said funding programs; therefore, funds are available for the engineering design.
EXHIBITS:
1. Location Map.
2. Resolution No. / 1 y I of the Board of Directors of the Carlsbad Municipal Water District to approve and authorize an engineering services agreement with Boyle Engineering Corporation for design of El Camino ReaVAlga Road Recycled Water Transmission Pipelines included in the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887, and appropriate finds.
3. Agreement with Boyle Engineering Corporation for engineering design services for El Camino ReaVAlga Road Transmission Pipelines included in the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887.
LOCATION MAP
MEADOWLARK WATER'
PROPOSED RECYCLED WATERLlNES RECLAMATlON FACILl7Y
EXISTlNG RECYCLED WATERLlNES
PROJECT NAME AGREEMENT WlTH BOYLE ENGlNEERING FOR DESIGN OF PROJECT
NUMBER
EXHIBIT
EL CAMINO REAL /ALGA ROAD TRASM~SSION PIPELINES IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE I/ PROJECT I 3887
W BY. SCOm EVANS. WRLy)*D ENGINEERING UEPf 2/13/02 C: \CAPrrAL\AHIES\3675-ZALG~.D~
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RESOLUTION NO. 1141
A RESOLUTION OF THE BOARD OF DIRECTORS OF
APPROVE AND AUTHORIZE AN ENGINEERING SERVICES CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO
AGREEMENT WITH BOYLE ENGINEERING CORPORATION
FOR DESIGN OF El CAMINO REAUALGA ROAD RECYCLED WATER TRANSMISSION PIPELINES INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, PROJECT NO. 3887, AND APPROPRIATE FUNDS.
WHEREAS, funds totaling $15.8 million are needed for the pipeline improvements. This is
le initial appropriation for all of the pipeline and pressure reducing station projects; and
WHEREAS, the Engineering Department requested qualifications and proposals
)r Engineering Design Services from six qualified consultants to design the El Camino Real/
,lga Road Recycled Water Transmission Pipelines which are included in the Encina Basin Water
leclamation Program, Phase II project; and
WHEREAS, after reviewing the five qualifications and proposals submitted,
:OYLE ENGINEERING CORPORATION is recommended for selection after submitting the most
sponsive proposal; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
etermined it necessary, desirable, and in the public interest to enter into an agreement between
OYLE ENGINEERING CORPORATION and the CMWD for Engineering Design Services to
esign the El Camino ReaVAlga Road Recycled Water Pipelines which are included in the
hase II project; and
WHEREAS, the approval of a one-year extension will be included for this agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
ilater District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That an appropriation of $15.8 million is hereby approved from the Recycled
ilater Fund.
3. That the proposal by BOYLE ENGINEERING CORPORATION in the amount of
385,746 for engineering design services is accepted and approved.
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4. That the President of the Carlsbad Municipal Water District is authorized and
iirected to execute the agreement between BOYLE ENGINEERING CORPORATION and the
:arkbad Municipal Water District for Engineering Design Services for El Camino ReaVAlga Road
.ansmission pipelines as part of the Encina Basin, Water Reclamation Program, Phase II Project.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Vater District held on the a day of MARCH, 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
TTEST:
.I ..,
/’ LhL 3-7-
@RI?AlhlE M. WOOD, Secretary
AGREEMENT FOR
ENGINEERING DESIGN SERVICES FOR EL CAMINO REAUALGA ROAD TRANSMISSION PIPELINES
INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM
PHASE II PROJECT, PROJECT NO. 3887
(BOYLE ENGINEERING CORPORATION)
THIS AGREEMENT is made and entered into as of the ? TU MARGH ,20&, by and between the CARLSBAD MUNICIPAL WATER
day of
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911. and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD), and BOYLE ENGINEERING, a California corporation, ("Contractor").
RECITALS A. CMWD requires the Drofessional services of a civil enaineer that is experienced in pipeline design.
services and advice related to recycled water pipeline design.
expedited fashion.
willingness and ability to perform such work.
-
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
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The Executive Manager may amend the Agreement to extend it for
one (1) additional year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be not to exceed $352,806 for design phase, $2,940 for bidding phase, and $30,000
for additional as-needed services for a total not-to-exceed $385,746. Authorization for
additional as-needed services will be issued by CMWD separately for each amendment.
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, as outlined in attached Exhibit "A", shall be time and expense
based on labor categories and rates.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an indeDendent
contractor and in pursuit of Contractor's independent calling, and not as an empioyee 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.
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8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Except as to the sole negligence or willful misconduct of CMWD. Contractor will defend.
indemnify and hold CMWD, and the City of Carlsbad, their officers, agents and
employees, harmless from any and all loss, damage, claims, demands, liability,
expense or cost, including attorney's fees, which arises out of, or is in any way
connected with the performance of, the Services by Contractor or any of Contractor's
employees, agents or subcontractors, notwithstanding that CMWD may have benefited
from their services.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD
incurs or makes to or on behalf of an injured employee under its 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 the
Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Aareement 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 limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to 'be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv 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.
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General Counsel Approved Version #07.05.01
90.9.2 Automobile Liability (# the use -of an automobile is irmofved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and 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 CMWDs 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.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
10.2.2 Contractor will obtain occurrence coverage. excluding Professional
insured on General Liability.
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice
to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
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. ACCOUPhING 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 Qive written notices or to receive written
notice on behalf of CMWD and on behalf of Concactor under this Agreement.
For CMWD: For Contractor:
David P. Ahles Donald L. MacFarlane Jr.
Carlsbad Municipal Water District Project Manager
Address: 1635 Faraday Avenue 7807 Convoy Court, Suite 200
Carlsbad, CA 92008 San Diego, CA 921 11
Phone: (760) 602-2748 Phone: (858) 268-8080
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.
5 General Counsel Approved Version #07.05.01
Contractor, for Contractor and on betratf of Contractor's agents, emptoyees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, .and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which.would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager: The 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 bemade.
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 solicitor securethis 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,
this Agreement. For breach or violation of this warranty, CMWD will have the right to
or any other consideration contingent upon, or resulting from, the award or making of
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 Dart of the agreement Drocess 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 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 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.
General Counsel Approved Version #07.05.01
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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 for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
,This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
Ill
Ill
a General Counsel Approved Version #07.05.01
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CARLSBAD MUNICIPAL WATER
BOYLE ENGINEERING, a California DISTRICT, a Public Agency
corporation
organized under the Municipal Water
Act of 191 1, and a Subsidiarv District
of the City of Carlsbad
(print namekitle)
J
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-president
"Group 0.
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By: i' , ..;:I;- , I-/,' .'. , ,-i,: / ;< .-
Deputy General Counsel
General Counsel Approved Version #07.05.01
9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of CJ/ha
County of SA Die6
On Z,/N~% before me, /&La ~e+kbw, ~Af4.7 hbk ,
personally appeared _I A. L- &Fdie*, 3.
DATE NAME. TITLEIOF OFFICER - E.G.. .J~E WE. N~ARY PUBLIC
NAMEIS) OF SIGNER($
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person6d) whose name(S)&/are
subscribed to the within instrument and ac-
knowledged to me thatalshelthey executed
the sqme in @/her/their authorized
capacitym, and that by@/her/their
signature(# on the instrument the person&
or the entity upon behalf of which the
person(@ acted, executed the. instrument.
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
CORPORATE OFFICER
0 PARTNER@) 0 LIMITED . 0 GENERAL 0 AlTORNEY-IN-FACT 0 TRUSTEE(S)
4,, e54 THLE OR TYPE OF DOCUMENT -
NUMBER OF PAGES
0 GUARDIA~UCONSERVATOR
OTHER
DATE OF DOCUME~
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmel Ave.. P.O. &x 7184 - Canoga Park, CA 91309-7184
j2personally known to me
- proved to me on the basis of satisfactory
evidence
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EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE AND
INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, COMPENSATION FOR EL CAMINO REAUALGA ROAD PIPELINE
PHASE II PROJECT, PROJECT NO. 3887
PROJECT DESCRIPTION:
The project involves developing plans, specifications and cost estimates for the portion of the recycled water distribution system as described below. All pipeline sizes have been determined
with the Carlsbad Municipal Water District's (CMWD) hydraulic model.
El Camino Real South and Aloa Road Recvcled Water Transmission PiDeline
This design contract generally consists of:
0 19.750 feet of 24" diameter transmission main in Melrose Avenue, Alga Road, and
El Camino Real.
e 1,350 feet of 12" diameter transmission main in El Fuerte Street.
0 750 feet of 8" diameter distribution piping in Melrose Avenue.
0 15 Service Laterals and Meter Assemblies
SCOPE OF SERVICES:
The Consultant shall be defined as Boyle Engineering Corporation and CMWD shall be defined
as the Carlsbad Municipal Water District. Consultant shall be responsible for the services
outlined in this Scope of Services. Consultant's services shall conform to the standards, criteria, and requirements of this Scope of Basic Services, and shall include all plans, reports, estimates, surveying, geotechnical investigation, traffic control design, permitting, and special provisions
necessary to complete the Project. All deliverables shall be in English units. Development of CEQA documents, CEQA processing, and construction management will be performed by
CMWD.
The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Services shall be of a quality and format acceptable to the CMWD. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and having the maker and checker identified. The minimum standard of appearance, organization, and content of the plans, estimates, calculations, reports, and other documents shall conform to applicable CMWD and City of Carlsbad standards and manuals, except where noted herein.
CMWD shall approve all changes to the Scope of Services. Changes to the Scope of Services
will not be made without prior written approval from CMWD. Consultant will not be compensated
for services provided prior to approval of a change to the Scope of Services. The CMWD will not reimburse any services provided by Consultant that are not covered by the Scope of
shall be turned over to the CMWD. Services. At the completion of this contract, all files and correspondence relating to the Project
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The fdlowing is an itemized breakdown of the professional am) technicat engineering services
required for preparation of the PS&E for this proposed project.
Desian Services
Task 1 - Project Management
1.1
1.2
1.3
..
1.4
1.5
I .6
1.7
.a
Consultant will manage this project with responsibility for the execution of the overall work effort. Consultant will provide project management and administration including attending meetings, quality controVquality assurance, utility and subconsulting coordination, scheduling, budgeting, progress reporting, and invoicing.
Consultant'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 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 be limited to, City of
objective is to establish project protocol, finalize the project schedule, and identify key Carlsbad Engineering Department. consultant, and subconsultants. The primary
technical issues. Attend progress meetings following each submittal to discuss review comments. Consultant shall provide agenda and meeting minutes.
Consultant shall maintain close contact between the Project Manager, City of Carlsbad .
Engineering Department 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.
which shall be submitted, to the CMWD as established under the terns of the contract. Consultant shall prepare monthly .billing, update project schedule and progress reports,
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.
staff and other team members will be available to meet with City of Carlsbad personnel Regular communications will be facilitated through the Project Manager. Consultant's
to discuss technical or administrative issues to keep the project on tract.
Project management will include a Quality Control/Quality Assurance Program to review
the final preparation of the PS&E.
Participate in value engineering by attending a meeting to present the project and then
a plan for changes.
returning at the end of the value engineering session to discuss comments and develop
Task 2 - Field Reconnaissance, Data Collection, and Utility Search
2.1 CONSULTANT shall perform a reconnaissance survey to become familiar with ' the
alignment corridor, develop a photographic inventory, and identify difficult construction
areas. CONSULTANT shall locate irrigation meters that are planned to be connected to
recycled water. CONSULTANT shall obtain and review all available reports, meter
from other local agencies. records, right-of-way maps, drawings, and standard specifications from the CITY and
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11
2.2 CONSULTANT shall coHect and rev'w utiity map3 and easement information regarding
abandoned, existing, and proposed utilities corresponding to the proposed pipeline
alignment. It is anticipated that the majority of the pipeline alignment will be in paved
conflicts with the proposed pipeline. CONSULTANT will rely on the accuracy of data
roadways of public streets. Utility maps shall be reviewed to determine potential
to be potholed. Coordinate utility search and conflict resolutions with the following
and information provided without independent review or evaluation except for the areas
agencies:
a. San Diego Gas 8 Electric b. Pacific Bell
d. Other local utilities C. Cable television companies
The Consultant will perform utility research. The City will assist with research of their
"wet" utilities Including water, sewer, storm drain, and recycled water and will make
copies of their record drawings for these facilities.
2.3 CONSULTANT shall arrange with uiility owners mark-outs and potholing of the existing
utilities. Locate facilities to determine their physical size, location and elevation
horizontally and vertically at the pothole locations. A budget of$20,000 is allocated for
potholing utilizing a firm such as Airx or SaferDig who are familiar with all City requirements for completing this effort including traffic control and pavement
replacement. This allowance should provide approximately 10 to 20 potholing locations CONSULTANT shall identify and plot on a drawings the locations of all above and below
to remedy conflicts. ground utilities and facilities along the pipeline alignment and provide recommendations
2.4 CONSULTANT shall review the 2000 Encina Basin Recycled Water Distribution System
Study and incorporate the future peak flows identified in this study into the pipeline and
pressure reducing facilities.
Task 3 -Surveying, and Mapping
3.1
3.2
3.3
3.4
CONSUTANT 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.
the pipeline alignments. The mapping will include 2-foot contour intervals at CONSULTANT shall develop topographic survey by photogrammetric methods for
I-inch = 40-feet scale. The survey will be provided in digital format for AutoCAD
Release 14 software format.
CONSULTANT shall review City, County, and SDG&E right-of-way maps, records,
to verify existing rights-of-way along the pipeline corridor. Determine additional
operation, and maintenance of the pipeline and appurtenances. permanent and temporary right-of-way requirements for proper construction,
medians and sidewalks along Alga Road. Villages of La Costa plans will be provided to Mapping will show the future Villages of La Costa development entrance, landscaped
CONSULTANT in AutoCAD version 14. The plans will show centerline of Alga Road and
reference coordinates.
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ð ask 4 - ~eot&tca~ bvestwtion
4.1 CONSULTANT shall prepare a separate geotechnical investigation to assist in the design and construction of the proposed recycled water pipelines and appurtenant
facilities. The investigation shall include review of available information, field reconnaissance, soils borings, laboratory testing, and preparation of a geotechnical design memorandum and a final report. A draft report will be prepared and submitted for City review. Comments from the draft report will be incorporated into the final report. All
reports shall bear the State of California Certified Engineering Geolog,ist or Registered
certificate expiration date of the geologist or engineer responsible for the preparation of Professional Engineer seal with the signature, license number, and registration
the report.
4.2 CONSULTANT shall conduct soil borings, perform laboratory tests, and analyze test
data. The field exploration program will consist of drilling borings along the proposed pipeline alignment at about 1,500 feet intervals. In the event the existence of hydrocarbons is discovered CONSULTANT during drilling; CONSULTANT shall be
required to immediately notify the CITY and seal the hole.
4.3 CONSULTANT shall prepare a memorandum addressing geotechnical aspects of the alignment and alternatives as it relates to pipeline design. Provide design
compaction requirements. Discuss site conditions, earth materials, soil properties, slope
recommendations for bearing capacity, soil modulus "E'", pipe flexibility,' backfill and
stability, trenching, shoring, groundwater, excavation difficulty, and seismology. Recommend excavation methods and equipment.
Task 6 - Preliminary Design Report (PDR)(30% Design)
6.1 CONSULTANT shall prepare a comprehensive PDR The report shall include table of contents, a cost estimate. the basis of pipeline design: pressure, surge, external loading,
and basis for other key design features. Surge allowances will be provided by the District
recommendations for pipe selection, corrosion control, the pipeline horizontal alignment
or typical values will be utilized. In addition, a discussion of scheduling/phasing with other City projects will be included and provide a section to discuss traffic control
government agencies and permits that may be required for the project. As part of the
requirements and schematics. The report shall discuss jurisdiction of relevant
Preliminary Design Report, 30% complete drawings that include the proposed horizontal alignment for the pipelines, existing utilities, and proposed easements, and right-of-way demarcation. The Preliminary Design Report will be issued only once, with comments
generated by the City being incorporated into the subsequent design submittals. Five (5) copies of the Preliminary Design Report will be submitted to the City.
Task 7 - Construction Drawings
7.1 CONSULTANT shall prepare and deliver to the City the construction drawings of the
design of recycled water pipelines and appurtenant facilities. All cover sheets, sheet index, general notes, layout, profiles, construction details, and other related sheets shall be provided on CITY standard "full size" sheets. CONSULTANT 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. CONSULTANT shall provide a benchmark description and basis of bearing for the project control survey, which will be shown on the construction drawings. CONSULTANT shall sign and stamp all construction drawings. The construction drawings will be provided in digital format for AutoCAD Release 14 software with layers to follow City's standard layers format.
General Counsel Approved Version 07.05.01 13
7.2 Construction drawings shalt show a new recyded water service taterat for each developed parcel along the pipeline alignment. For each customer, provide a lateral and meter assembly in accordance with Standard Drawing W4.
7.3 CONSULTANT shall deliver a submittal and review plan packages to the CITY.
The number of sets of each plan is anticipated to be seven (7), five full-size and two half-
size. CITY will review the plans after each submittal and transmit review comments to the CONSULTANT. CONSULTANT shall deliver the following plan packages to the CITY:
a. 70% PS&E: Construction drawings will be submitted at the 70% complete level that incorporate comments from the Preliminary Design Report and 30%
construction drawings.
b. 90% PS&E: Construction drawings will be submitted at the 90% complete level that incorporate comments from the Preliminary Design Report and
70% construction drawings.
C. 100% PS&E: Construction drawings will be Submitted at the 100% complete
90% construction drawings.
level that incorporate comments from the Preliminary Design Report and
d. . Final PS&E: Upon approval of final PS&E,.CONSULTANT shall furnish CITY with approved drawings for advertising, including plan sheets on vellum, along with the CADD drawing files used to generate plots.
The design will be based on open-trench construction with alternative bid for welded steel pipe
and ductile iron pipe. This pipeline will be tested with potable water but will not be connected to the potable system for temporary service. The following drawings are anticipated:
1 Title Sheet 1 Index, Notes Sheet 1 Notes and Legend Sheet 20 Plan and Profile Sheets for 24-Inch (El Camino, Alga, Melrose) 2 Plan and Profile Sheets for 12-Inch (El Fuerte)
1 Plan and Profile Sheet for 8-Inch (Melrose)
1 Detail Sheet for Lateral Standards
14 Traffic Control Sheets
This project will connect to existing pipelines that are easily shutdown, existing pipelines that are not yet in service, or future pipelines. Construction drawings shall include adequate details for
pipe connections. The connections are expected to be linear, requiring closure pieces and possibly insulating joints and valves but not requiring thrust restraint. Documents, drawings, specifications. and electronic informatioddata, including computer aided drafting and design are
not intended or represented to be suitable for reuse by CMWD or others on any other project.
14 General Counsel Approved Version 07.05.01
Task 8 - Traffii Control and Signal Phns
8.1 CONSULTANT shall prepare traffic control plans for the following arterial streets: Melrose Drive, Alga Road, and El Camino Real. CONSULTANT shall prepare traffic
handling plans, which show closure of lanes, detours, and number of available lanes. Included in these plans is signing, striping, and modifications/repair of traffic signals if necessary. Traffic control plans for low volume collector and industrial streets shall be
specified to be the contractor‘s responsibility in the specifications. Consultant shall
cars and bikes. Final plans shall be prepared to the approval of the City’s traffic maintain a minimum 14-foot wide traffic lanes through the work area to accommodate
engineer. Two plan strips of traffic control will be shown on each drawing, at 1 inch equals 40 feet. Two construction stages are assumed at the intersections of El Camino
the pipeline will be in westbound Alga Road and northbound El Camino Real. and Alga, and Melrose and Alga. It is assumed that at Alga Road and El Camino Real,
Task 9 - Specifications
9.1 CONSULTANT shall prepare contract technical specifications (Divisions 1 through 15) to supplement the City’s Standard Specifications using Microsoft Word 2000. The complete
package 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. CITY will provide CONSUTANT the
City’s front end documents and the general provisions for red-line markup. Seven (7) sets of technical specifications shall be provided to the City for review at each submittal beginning with the 70% submittal.
9.2 CONSULTANT shall include provisions in the specifications to provide erosion control.
Task 10 - Project Cost Estimate
10.1 CONSULTANT shall prepare a detailed 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, using Microsoft Excel. CONSULTANT has no control over the cost of labor and material, or over competitive bidding or market conditions, and
therefore does not guarantee the accuracy of such estimates as compared to bids or actual cost.
Task 11 - Community Groups and Permitting
11.1 CITY shall coordinate project information with local community Groups and City Council.
the CITY. CONSULTANT shall coordinate with City’s Public Relations consultant. CONSULTANT shall attend local Community Groups and City Council meetings to assist
11.2 CONSULTANT shall determine jurisdictional boundaries and easements of public
agencies and utilities over and adjacent to the proposed pipeline alignment.
CONSULTANT shall identify regulatory agencies, permits, fees, and anticipated lead times for permit issuance. CONSULTANT shall prepare all required encroachment permit application and submit it to the agencies and the CITY will process the necessary checks to cover the cost of permits and review fees by the various permitting agency. No pre-construction permits are anticipated. Drawings will be submitted to the State
Department of Health Services at the 90 percent complete level.
15 General Counsel Approved Version 07.05.01
11.3 CONSULTANT shall identify requirements regarding pennits to be obtained by the contractor. Additional permits to be obtained by the contractor may be required for construction activities including, but not limited to: shoring, discharge of groundwater, well-point installations, handling regulated waste, offsite material storage, grading
outside of right-of-way and blasting.
Task 12 - Bidding Phase Services
12.1 Provide responses to all written and telephone inquiries as requested by CMWD.
12.2 Prepare addenda as needed to clarify technical questions and questions asked
repeatedly by bidders, to include items omitted from the original bid documents, and as instructed by CMWD. Addenda must be reviewed by CMWD, and signed by the Deputy City Engineer. Addenda prepared by consultant will be signed and stamped by a State of California Registered Civil Engineer.
Additional Enaineerina Services
If requested by the City, Consultant will provide the following additional services by addendum to the above Scope of Work:
1. CITY shall obtain environmental permits as necessary for the project. At the City’s request, CONSULTANT shall be available to retain an environmental consultant to
perform environmental reviews and surveys.
2. At the City’s request, CONSULTANT shall be available to retain a Landscape Architect
to develop irrigation and planting plans.
3. At the Ciys request, CONSULTANT shall be available to retain a Corrosion Engineer to develop corrosion protection plans.
4. Develop detailed plans for retrofitting existing irrigation services.
5. Design of trenchless construction applications.
PROJECT SCHEDULE
The project schedule is attached.
Billings will be submitted monthly based on progress and in ‘accordance with the
attached Hourly Rate Schedule. The fees are broken down by task and personnel classification in the attached spreadsheet.
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EXHIBIT A - RATE SCHEDULE
Eayle Engineering Carparatian
Effective January 1,2002
Hourly
Professional Staff Description Rate
Engineers, Planners, Surveyors,
Architects, Geoloqists, Scientists
Assistant Engineer I
Associate Engineer (Registered)
Assistant Engineer II
Senior Engineer I (Registered)
Utility Permit Specialist
Senior Engineer II (Registered) Proejct Manager (Registered)
Principal Engineer (Registered)
Construction Administration Personnel
Inspector
Resident Project Representative
Senior Inspector
Senior Resident Project Representative
Resident Engineer
Specialty Inspector (welding, etc.)
Senior Resident Engineer (Registered)
Director, Construction Services
Technical Support Staff
Drafter
Assistant CADD Operator
Designer I Design CADD Operator Sr Designer I Sr Design CADD Operator
Design CADD Supervisor
Designer Supervisor
Survevinq Staff
Survey Technician I Assistant Surveyor I
Associate Land Surveyor (Registered)
Survey Technician I Assistant Surveyor II
Senior Land Surveyor (Registered)
Two-Person Crew
Two-Person GPS Crew
Administrative SUDPO~~ Staff
General Clerical
Senior Secretary I
Senior Secretary II
Technical Typist I Word Processor
Contracts Administrator
Administrative Specialist
Staff Accountant
Programmer I Analyst
Paralegal I Editor
Graphics Designer
GIS Administrator
Information Technology Professional
Information Technology Manager
$86.00
$93.00
$100.00
$98.00
$126.00
$141.00
$128.00
$168.00
$78.00
$88.00
$108.00
$98.00
$123.00
$98.00
$123.00
$148.00
$53.00
$78.00
$88.00
$103.00
$121.00
$132.00
$86.00
$98.00
$105.00
$133.00
$206.00
$241.00
$58.00
$69.00
$56.00
$63.00
$68.00
$53.00
$76.00
$83.00
$68.00
$98.00
$123.00
$83.00
$121.00
Direct Project Expenses Rate
Printing
Color Photocopies:
Letter
Legal
Tabloid
Photocopies - Black 8 White
BluelinelBlackline
Bond - Black 8 White '
Vellum - Black 8 White
Color Plots -Set Up Charge
Film (Mylar@) - Black 8 White
Color Plots (Bond or Vellum Copy)
CD submittals
Other
Lona Distance TeleDhone
Travel - Automobile/Truck
cell phones, submittal binders, courier,
Other Direct Charges (Reproduction,
outside computer services,etc.)
Survey Monuments (4"x4x24 concrete)
Subconsultants
Electronic Distance Measuring Equipment
$2.00 I page
$3.00 I page
$0.15 I page
$5.00 I page
$0.50 I sq. fl.
$1.50 I sq. ft.
$15.00 I graphic
$6.00 I sq. ft.
$10.00 per CD
$0.20 I sq. ft.
$12.00 I sq. ft.
$0.50 I min.
$0.35 I mile
Cost + 15%
$7.00 each
$9.00 I hr.
cost + 10%
E 2 M 0