Loading...
HomeMy WebLinkAbout2002-03-26; Municipal Water District; 523; Encina Basin Water Reclamation Program, Phase IIn w 0 > U a a Q .. z 0 F 0 U n p! U 0 m CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL B# say - TITLE: APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT WITH PARSONS ENGINEERING SCIENCE, INC., HD. ITG. 3/26/02 FOR DESIGN OF INDUSTRIAL PARK PIPELINES AND EPT. ENG CITY MGR.- PHASE II PROJECT, PROJECT NO. 3887 PRESSURE REDUCING STATION FOR ENCINA BASIN WATER RECLAMATION PROGRAM, CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. I 145 to approve and authorize an engineering services agreement with Parsons Engineering Science, Inc., for design of industrial park pipelines and pressure reducing station for Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887. 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 pipelines in this design includes the following industrial park areas: Carlsbad Research Center, Camino Vida Roble Industrial Area, and Palomar Oaks Industrial Park. The pipelines will enable the recycled water processed at the end customer. Included in this design will be approximately 52,000 feet of distribution pipelines Carlsbad Water Recycling Facility (CWRF), currently under separate design contract, to reach the ranging in size from 4-inches to 16-inches in diameter, a Pressure Reducing Station along water transmission main to a recycled water transmission main, and over 200 recycled water Faraday Avenue, converting approximately 1,200 feet of an abandoned 27-inch diameter potable service laterals stubbed out to each parcel for connection to the system. 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 firms. On February 4, 2002, five proposals to perform design engineering services were submitted selection committee composed of Engineering Department staff members. The firm of Parsons proposal for this project. Engineering Science, Inc., is recommended as the most qualified firm and most responsive 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 estimated at $38.6 million and the major items of work shown in the Table below. Page 2 of Agenda Bill No. L52 3 $15.8 million. The industrial park and pressure reducing station pipelines is the second of eleven Item No. 3 in the table shows the total cost for pipelines and pressure reducing station at pipeline projects contained within the total cost amount. The total fee payable for engineering design services under this agreement is $588,243 for design phase, and $1 1,249 for bidding phase, for a total of $599,492. The agreement, however, may be extended an additional year if The construction costs associated with the industrial park pipelines are estimated at $4.0 million. necessary to complete the scope of work or to accomplish additional engineering services. Transmission pipelines and pipelines for other service areas will be designed by separate contracts. An appropriation of $15.8 million has been approved for the pipeline costs under a previous agenda bill. 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 approved a $31 million low-interest loan and $5 million grant to CMWD for the Phase II project. The interest rate on the loan is based on one-half of the State's general obligation bond rate, and is expected to be approximately 2.5% annually. It will be repaid from revenues generated by the sales of recycled water to irrigation customers. Local Funding - Under previous resolutions, the Board appropriated $4.6 million from the Water Capital Replacement Fund for the Phase II project. These appropriations are intended to fund the 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 Fundinq - In 1997, the Phase II project was also authorized to receive a 25 percent project grant from the Federal Bureau of Reclamation (BUREC). The BUREC is completing the National Environmental Policy Act (NEPA) documentation, which will allow the BUREC to enter into an agreement with the CMWD to receive annual appropriations as approved by Congress for the Phase II project. It is estimated that CMWD may receive $2 million in grant funding this current 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 $14 million. If the BUREC grant is received, it will allow the CMWD to repay the SWRCB loan BUREC grant can be combined on the Phase II project, which would total approximately 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 BUREC before proceeding with formal approval of the grant. The EPA grant and the BUREC grant cannot be combined, however. The estimated cost for the industrial park 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 5 of the Board of Directors of the Carlsbad Municipal Water District to approve and authorize an engineering services agreement with Parsons station for Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887. Engineering Science, Inc., for design of industrial park pipelines and pressure reducing 3. Agreement with Parsons Engineering Science, Inc., for engineering design services for industrial park pipelines and pressure reducing station included in the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887. z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1145 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT WITH PARSONS ENGINEERING SCIENCE, INC., FOR DESIGN OF INDUSTRIAL PARK PIPELINES AND PRESSURE REDUCING STATION INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, PROJECT NO. 3887. WHEREAS, the Engineering Department requested proposals for engineering design jervices from six qualified consultants to design recycled water pipelines and a pressure reducing ;tation referred to as the Industrial Park Pipelines, which are included in the Encina Basin Water ieclamation Program, Phase II project; and WHEREAS, after reviewing the five proposals submitted, PARSONS ENGINEERING SCIENCE, INC., is recommended for selection after submitting the most responsive proposal; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has jetermined it necessary, desirable, and in the public interest to enter into an agreement between 'ARSONS and the CMWD for engineering design services to design the industrial park pipelines rnd pressure reducing station which are included in the Phase II project; and WHEREAS, there are sufficient funds available for the engineering design services in the irst year term; and WHEREAS, the approval of a one-year extension will be included for this agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Nater District (CMWD) of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the proposal by PARSONS ENGINEERING SCIENCE, INC., in the amount of 599,492 for engineering design services is accepted and approved. /I I1 /I /I /I 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the President of the Carlsbad Municipal Water District is authorized and Airected to execute the agreement between PARSONS ENGINEERING SCIENCE, INC., and the Carlsbad Municipal Water District for engineering design services for Industrial Park Pipelines and pressure reducing station as part of the Encina Basin Water Reclamation Program, Phase II Project. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 76th day of MARCH , 2002 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Board XAUDE A. LEWIS, Pre 4TTEST Page 2 of 2 of Resolution No. 1145 (SEAL) AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR INDUSTRIAL PARK PIPELINES INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, PROJECT NO. 3887 (PARSONS) THIS AGREEMENT is made and entered into as of the 2nd day of , 2002, by and between the CARLSBAD MU'NICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as (ICMWDI'), and PARSONS ENGINEERING SCIENCE, INC., a California corporation, ("Contractor"). APRIL RECITALS A. CMWD requires the professional services of a civil engineer that is 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 experienced in pipeline design. services and advice related to recycled water pipeline design. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A', which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 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 for each and every provision of this Agreement. TIME IS OF THE ESSENCE General Counsel Approved Version #07.05.01 1 _- 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed $588,243 for design phase, and $1 1,249 for bidding phase, for a total not-to-exceed $599,492. 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". Compensation for services described in Exhibit "A" Scope of Work, shall be time and expense based on labor categories and rates presented in Exhibit "B". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 2 General Counsel Approved Version #07.05.01 7 9. INDEMNIFICATION ExceDt 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 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 Coverases 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. 10.1.2 Automobile Liabilitv (if the use of an automobile is. involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. General Counsel Approved Version #07.05.01 3 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 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. 10.1.4 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing 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. General Counsel Approved Version #07.05.01 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor' will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work Droduct produced by Contractor or its agents, employees, and subcontractors pursuant'to this Agreement i's the property of CMWD. In .the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights'that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of contractor under this Agreement. For CMWD: For Contractor: David P. Ahles Richard J. Trembath Carlsbad Municipal Water District Vice President Address: 1635 Faraday Avenue 1 10 West A Street Carlsbad, CA 92008 San Diego, CA 92101 Phone: (760) 602-2748 Phone: (61 9) 687-0401 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 Dursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMW-D's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. General Counsel Approved Version #07.05.01 5 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 (I 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 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. 6 General Counsel Approved Version #07.05.01 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et 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. 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 co u nty . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD -. and Contractor and their respeche 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. General Counsel Approved Version #07.05.01 7 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. 26. AUTHORITY The individuals executina this Aareement and the instruments referenced in it on behalf of Contractor each reprkent &d warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel eputy General Counsel 8 General Counsel Approved Version #07.05.01 "- CALlFORNtA ALL-PURPOSE ACKNOWLEDGMENT .. '1 State of California On 6 : , gb.!i2, before me, /&PE r; /t,/At-v ,QLlik Dale) e an3 Title of OHicfde g Jane%oe Notary Pudlii personally appeared 2m h- G: PA, /7 Narne(s1 of Signer(s1 %personally known to me evidence proved to me on the basis of satisfactory to be the person@$ whose name,@$(&He subscribed to the within instrument and acknowledged to me thal+e@/tbey executed the same in -Im@/thetF authorized . capacity(& and that by -hts/@lthe+ signature(*on the instrument the person,@& or ~ the entity upon behalf of which the person(s), , acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above 0 PTlO NA L r c Though the informabon below IS nof required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of ths form to another document L k< tc, [A?. !'if. $G{-L(~ r 3 Title or Type of Document fl c- ,, .-( , ,>, '> t / 92- Document Date GrrX I 3 C'I' 'L Number of Pages 3 -2 9 I - r z Description of Attached Document ? J c $ Signer(+ Other Than Named Above 9 9 h' 7 L_ Individual .. 6 Corporate Officer - Title@): k?d A' I ,! ' 5 {L, 'I ,( , f a .- 5 r . ; t? /I, /' , , / - Partner - C Limited 1 General C Attorney in Fact I - Trustee - Guardian or Conservator 3 Other - - .. >>-/-:-.: . 0 1999 Nalional Notary Asswiation * 9350 De Sot0 Ave , PO Box 2402 * Chalsworth CA 91313-2402. wwwnationalnolary.org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 . CALIFORNIA ALL-PURPJSE ACKNOWLEDGMENT ," State of C\ I + cy- /I I Ci ? personally appeared ersonally known to me groved to me on the basis of satisfactory evidence is/- subscribed to the ' uthorized capacity(ies), executed the same in his/h&then-a ' signature ) on the instrument the and that by his/kMbeir personp), or the entity upon beh If of which the person($) acted, executed the instrument. .WITNESS my hand and offsaal seal. to me that he/- Y Signature of Nolary Public OPTIONAL Though the mformation below is not required by law, it may prove valuable to persons relyjng on the document and could prevent fraudulent removal and reattachment of fh/s form to another document. r-- Description of Attached Document Title or Type of Document: '', . , - -4 Document Date: / 1 7li ,y 1' c. :, 2Q(Q / - Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I I I Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Tit le( s) : E Partner - 5 Limited 3 General 0 Attorney-in-Fact 0 Trustee 3 Guardian or Conservator 3 Other: In10 I I Signer Is Representing: I I 0 1996 National Notaiy Association * 8236 Remrnet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF WORK CARLSBAD MUNICIPAL WATER DISTRICT INDUSTRIAL PARK PIPELINES INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, PROJECT NO. 3887 DESIGN ENGINEERING SERVICES PROJECT DESCRIPTION: The consultant will be responsible for 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 CMWD's hydraulic model. The consultant will be responsible for all elements of the design including, but not limited to, surveying, geotechnical, traffic control and permitting. CEQA processing and construction management will be performed by the CMWD. Contract #2 - Encina Phase II Recvcled Distribution PiDelines This design contract will include one bid set for the following service areas: Carlsbad Research Center Service Area This service area generally consists of: 3,250 feet of 16" diameter transmission main in El Camino Real. 6,550 feet of 12" diameter transmission main in Faraday Avenue (550 Zone). Pressure Reducing Station along Faraday Avenue. 2,250 feet of 12" diameter transmission main in Faraday Avenue (384 Zone). 9,350 feet of 8" diameter distribution piping in and around the Carlsbad Research Center Industrial Park. 1,200 feet of 8" diameter distribution piping in Glasgow Drive within Calavera Heights. 4,900 feet of 4" diameter distribution piping in and around the Carlsbad Research Center Industrial Park. 92 - 4" Recycled Water Service Laterals. General Counsel Approved Version 07.05.01 10 Camino Vida Roble Service Area This service area generally consists of: 0 1,000 feet of 12” diameter transmission main from Zone 19 park to Alexandri Circle. This pipeline alignment follows an existing waterline and will require widening of the utility easement or a separate easement if an alternative alignment is necessary. 0 8,750 feet of 8” diameter distribution piping in Camino Vida Roble. 0 1,700 feet of 8” diameter distribution piping from Palomar Oaks Way to Faraday Avenue. This pipeline alignment follows an existing dirt access road and will require a utility easement. 0 4,900 feet of 4” diameter distribution piping in and around the’ Camino Vida Roble Industrial Park. 0 70 - 4” Recycled Water Service Laterals. Palomar Oaks Service Area This service area generally consists of: 0 6,600 feet of 8” diameter distribution piping in Loker Avenue East and West, (660 Zone). 0 750 feet of 4“ diameter distribution piping in Sea Otter Place and Sea Lion Place. 0 Convert 12,100 feet of existing 27” abandoned potable water transmission main to recycled water transmission main from El Camino Real to Melrose Avenue. This pipeline will require connections to the recycled water distribution pipes noted above and be disconnected from .existing potable water pipelines in Palomar Airport Road and Melrose Avenue. 0 35 - 4” Recycled Water Service Laterals. SCOPE OF SERVICES: The project will consist of the following scope of services, as a minimum for design of recycled water pipelines and appurtenant facilities associated with Phase II of its Encina Basin Recycled Water Program. Services Provided by Consultant Consultant shall be defined as Parsons Engineering Science (Parsons) 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, and special provisions necessary to complete the Project. General Counsel Approved Version 07.05.01 11 Consultant shall prepare final plans, specifications, and estimates, (PS&E) for construction of the Project. All deliverables shall be in English units. 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 Services. At the completion of this contract, all files and correspondence relating to the Project shall be turned over to the CMWD. The following is an itemized breakdown of the professional and technical engineering services required for preparation of the PS&E for this proposed project. Desiqn Services Task 1 - Project Management 1.1 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 control/quality assurance, utility and subconsulting coordination, scheduling, budgeting, progress reporting, and invoicing. 1.2 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. 1.3 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 Carlsbad Engineering Department, consultant, and subconsultants. The primary objective is to establish project protocol, finalize the project schedule, and identify key technical issues. Attend progress meetings following each submittal to discuss review comments. Consultant shall provide agenda and meeting minutes. 1.4 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. 1.5 Consultant shall prepare monthly billing, update project schedule and progress reports, which shall be submitted, to the CMWD as established under the terms of the contract. 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. General Counsel Approved Version 07.05.01 12 1.6 1.7 1.8 Regular communications will be facilitated through the Project Manager. Consultant’s staff and other team members will be available to meet with City of Carlsbad personnel 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. CONSULTANT shall participate in value engineering by others of the preliminary (30%) design report. CONSULTANT shall attend initial VE session to assist CMWD in presenting the project definition to the VE team. CONSULTANT shall attend final VE session to receive and respond to VE team recommendations. CONSULTANT shall provide technical information to CMWD to assist CMWD in preparation of written responses to VE recommendations. Design refinements resulting from the VE process, other than concept changes, will be incorporated into subsequent design submittals. For example, realignment of pipelines beyond available mapping would be considered a design concept change. 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 records, right-of-way maps, drawings, and standard specifications from the CITY and from other local agencies. CONSULTANT shall collect and review utility maps and easement information regarding ’ abandoned, existing, and proposed utilities corresponding to the proposed pipeline alignment. It is anticipated that the majority of the pipeline alignments will be in paved roadways of public streets with the exception of two areas associated with the Camino Vida Roble subproject. Utility maps shall be reviewed to determine potential conflicts with the proposed pipeline. Coordinate utility search and conflict resolutions with the following agencies: a. b. Pacific Bell C. Cable television companies d. Other local utilities 2.2 San Diego Gas & Electric 2.3 CONSULTANT shall arrange with utility 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. Vacuum extraction technology will be utilized for the verification of existing utilities. Costs for vacuum extraction can vary significantly depending on the timing, location and number of potholes provided. An allowance of $20,000 is included in the scope of work based on utilizing a vacuum extraction firm such as Airx or SaferDig who are familiar with all City requirements for completing this effort including traffic control and pavement replacement. It is expected that this allowance will provide 10 to 20 potholing locations. Following markouts and potholing of the existing utilities, CONSULTANT will field survey PKs set by the potholer, reference points to pothole locations, and provide coordinate and elevation data for each. This information will be shown on the construction drawings. CONSULTANT will advise CMWD if the additional potholing beyond the allowance is recommended. CONSULTANT shall identify and plot on a drawings the locations of all above and below ground utilities and facilities that are along the pipeline alignment and provide recommendations to remedy conflicts. General Counsel Approved Version 07.05.01 13 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 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. CONSULTANT will research County of San Diego and City of Carlsbad survey control data and locate NAD83 and MSL (or other datum if requested) survey control points and benchmarks within and adjacent to the project. CONSULTANT will set aerial panels as needed to produce mapping to National Map Accuracy standards and will tie them to the project control. 3.2 CONSULTANT shall develop topographic survey by photogrammetric methods for the pipeline alignments. The mapping will include 2-foot contour intervals at I-inch = 40-feet scale and labeled California Coordinate System grid ticks. The survey will be provided in digital format for AutoCAD Release 14 software format. Mapping will extend 30 feet beyond curb line on each side of streets within the pipeline corridor. Photo coverage will be a minimum of 30 feet beyond curb line. Mapping in the areas between Zone 19 park and Alexandri Circle and between Palomar Oaks Way and College Blvd shall be 500' wide maximum for alternative alignment evaluations and pipeline design subsequent to mapping. Extents of mapping for alternative evaluation will be developed with CMWD. Orientation of strip to be established prior to mapping. Limits of field checking for evidence of surface utilities in these 500' wide strips shall be established after review of alignment alternatives. CONSULTANT will field check aerial survey data, and locate and map all surface evidence of utilities within the street right-of-way. 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 permanent and temporary right-of-way requirements for proper construction, operation, and maintenance of the pipeline and appurtenances. CONSULTANT will obtain City of Carlsbad GIS mapping of parcels to superimpose existing rights-of-way and parcel lines along the pipeline corridors on the topographic mapping. Existing rights-of-way will also be mapped from street improvement plans. No survey ties or right-of-way analysis is included in this task. 3.3 Task 4 - Geotechnical Investigation 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 (consisting of available geotechnical reports, geological maps, and stereoscopic aerial photographs), geotechnical field reconnaissance, site visit to mark boring locations and meet with Underground Service Alert for utility clearance, soils borings, laboratory testing, and preparation of a geotechnical 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 Geologist or Registered Professional Engineer seal with the signature, license number, and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report. , General Counsel Approved Version 07.05.01 14 4.2 4.3 4.4 CONSULTANT shall conduct soil borings, perform laboratory tests, and analyze test data. The field exploration program will consist of drilling, logging, and sampling 35 exploratory test borings with a truck mounted driU rig along the proposed pipeline alignments at about 1,400 feet intervals. Proposed boring locations will be reviewed with CMWD prior to drilling. Locations of The borings will be drilled to a depth of approximately 10 to 15 ft below the existing ground surface (or refusal). Bulk and in-place samples of the encountered soils will be collected and transported to the laboratory for testing. Geotechnical laboratory testing shall be performed on selected samples and will consist of in-situ moisture content and dry density, grain size analyses, Atterberg limits, shear strength, and corrosivity. In the event the existence of hydrocarbons is discovered CONSULTANT during drilling; CONSULTANT shall be required to immediately notify the CITY and seal the hole. Environmental sampling and testing of the subsurface soils is not part of this work. The geotechnical report shall address geotechnical aspects of the alignment and alternatives as related to pipeline design. Provide design recommendations for bearing capacity, soil modulus “E’”, pipe flexibility, backfill and compaction requirements, pipe bedding, thrust blocks, pavement replacement. Discuss site conditions, earth materials, soil properties, slope stability, trenching, shoring, groundwater, excavation difficulty, liquefaction potential, anticipated corrosion potential of on-site soils, and seismology. CONSULTANT shall obtain all required permits and perform required traffic control for the purposes of geotechnical investigation drilling on the basis that the costs for permits and traffic control will not exceed $4,000. The CONSULTANT may assume that the alignment is accessible for its personnel and truck mounted drilling equipment and that site access will be granted. Task 5 - Legal Descriptions and Plats 5.1 Prepare legal descriptions and plats for the CITY to use in acquiring an additional 20’ wide Pipeline Easement and a 50’ wide Temporary Construction Easement along two areas associated with the Camino Vida Roble service area. This involves three parcels (with two easements in each). Field surveys will be performed to locate these parcel boundaries in order to tie easements to property descriptions. Field surveys will be performed to locate sufficient monuments to establish the location of the existing waterline easement between the Zone 19 park and Alexandri Circle. Final pipeline alignments in these areas will be resolved by the 70% design submittal to allow time for preparation of the legal descriptions and plats and acquisition of the easements prior to construction. 5.2 CMWD will obtain the necessary title reports. Task 6 - Preliminary Design Report (30% Design) 6.1 CONSULTANT shall prepare a comprehensive, PDR for each design contract described in this request for proposals. The report shall include table of contents, a cost estimate, the basis of pipeline design: pressure, surge, external loading, recommendations for pipe selection, corrosion control, the pipeline horizontal alignment and basis for other key design features. In addition, a discussion of scheduling/phasing with other City projects will be included and provide a section to discuss traffic control requirements and schematics. The report shall discuss jurisdiction of relevant government agencies and General Counsel Approved Version 07.05.01 15 permits that may be required for the project. As part of the 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 subproject Carlsbad Research Center will include a layout and schematic of the proposed pressure reducing station including a recommendation for minimum and bypass valve selection. 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. 6.2 Prior to submittal of the preliminary design report, the CONSULTANT shall prepare and submit to CMWD alternative alignment studies for the two locations where the pipeline alignment is outside of existing road right-of-way. The alignment studies will develop and evaluate alternative alignments for the 12” pipeline from the Zone 19 park to Camino Vida Roble and for the 8-inch pipeline from the end of Palomar Oaks Way to College Blvd. The CONSULTANT shall work with CMWD in development of alternative alignments and evaluation criteria. An alignment studies technical memorandum (TM) will be prepared to present the results of the evaluations and a recommended alignment for each of these two reaches. Subsequent to review and concurrence of the recommended alignment, the preliminary design for these areas will be based on the selected alignments. The alignment studies will be appended to the preliminary design report. Following submittal and review of the preliminary design report, CONSULTANT shall provide the District with a written response to all review comments within one week of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design submittal. 6.3 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 associated with Phase II of its Encina Basin Recycled Water Program. 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. Pipeline plan and profile drawings will be prepared using AutoCADD 14 with SoftDesk COGO, DTM, and Design Modules The Carlsbad Research Service Area shall include the Pressure Reducing Station. 7.2 Construction drawings shall show a new recycled water service lateral for each developed parcel along the pipeline alignment. The CONSULTANT shall coordinate with CMWD to establish criteria for location for the recycled water lateral and meter box and will locate the lateral on the construction drawings accordingly. Construction details shall be included to connect and retrofit existing potable irrigation water services to recycled water services. Properties developed after 1993 have recycled irrigation water services that require disconnection to the potable water source. General Counsel Approved Version 07.05.01 16 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 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. 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. b. C. 100% PS&E: Construction drawings will be submitted at the 100% complete level that incorporate comments from the Preliminary Design Report and 90% construction drawings. 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. 7.4 In addition to the plans and specifications, CONSULTANT shall include with each design submittal technical memorandum that will address any changes to the design since the subsequent submittal, will update the construction cost estimate as necessary, and will include calculations completed to date. The design submittal TM’s will bring to the attention of CMWD any specific issues requiring special attention. 7.5 Following submittal and review of each design Submittal, CONSULTANT shall provide the District with a written response to all review comments within one week of receipt of comments. Responses to comments shall indicate concurrence, offer or request clarification, and identify comments requiring resolution prior to the next design su bmittal. 7.6 Construction drawings shall include adequate details for pipeline connections to existing pipelines, including valving as appropriate. 7.7 Construction drawings shall include details for disconnection of the 27“ main in Palomar Airport Road from the potable water system and for connection to the recycled water system. CONSULTANT shall coordinate with 660 zone pump station design consultant for details for connection of the west end of the converted 27” pipeline. There are no laterals on this segment of pipe, either existing potable or future recycled as the parcels along Palomar Airport are serviced from Loker Avenue. Other than connections, the pipe is ready for recycled water service. Design of the pressure reducing station will be based on the CMWD standard drawings for pressure reducing stations. The CONSULTANT shall perform all additional design work for this specific application including sizing of pressure control valves and other pipe and valve sizing. CMWD will provide CONSULTANT with electronic drawing files for pressure reducing stations standard plans. 7.8 General Counsel Approved Version 07.05.01 17 Task 8 -Traffic Control and Signal Plans 8.1 8.2 .. 8.3 CONSULTANT shall prepare traffic control plans for the following arterial streets: El Camino Real, Faraday Avenue, Camino Vida Roble south of and including Palomar Airport Road and for crossings of and work in College Blvd. 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 modificationshepair 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 maintain minimum 14’ wide traffic lanes though work area to accommodate cars and bikes. Final plans shall be prepared to the approval of the City’s Traffic Engineer. The basic standard used for traffic control design will be the latest edition of the Caltrans Manual of Traffic Controls in Construction and Maintenance Work Zones. For those areas not addressed by the Caltrans Manual, the following standards will be referenced: San Diego’s Regional Standard Drawings, City of Carlsbad Policies, and the latest edition of the Manual on Uniform Traffic Control Devices. CONSULTANT shall confer with the City traffic engineer at the start of the project and during the course of the design for guidance in development of traffic control plans and for evaluation of pipeline alignments that could impact traffic control. CONSULTANT shall coordinate with emergency services for safety center and La Costa fire station. Traffic control shall maintain reasonable access to private and commercial driveways e and shall consider pedestrians and bicyclists, especially for routes to schools including La Costa Meadows. Task 9 - Specifications 9.1 CONSULTANT shall prepare contract technical specifications (Divisions 1 through 16) to supplement the City’s Standard Specifications. The complete package will include bid proposal, contract agreement, insurance and bid schedules, the detailed technical specifications, bond forms, general provisions, special provisions, and reference to standard specifications. 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 IO - Project Cost Estimate 10.1 CONSULTANT shall prepare a detailed construction cost estimate that represents the best estimate of the fair and reasonable price expected for each of the items of work to be performed as of the mid-point of construction. The preliminary design report construction cost estimate will include an evaluation of the conceptual level cost estimates presented in the Encina Basin master plan to advise CMWD of any significant deviations from the master planning estimates. The preliminary design report construction cost estimate will be updated at each subsequent design submittal for design changes and advancements and will be included in the design submittal report. General Counsel Approved Version 07.05.01 18 Task 11 - Community Groups and Permitting 1 1.1 CITY shall coordinate project information with local Community Groups and City Council. CONSULTANT shall attend local Community Groups and City Council meetings to assist the CITY. Consultant shall coordinate with City’s Public Relations consultant. 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 applications and submit them 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. 11.3 CONSULTANT shall identify requirements regarding permits to be obtained by the contractor. Additional permits to be obtained by the contractor may be required for construction activities including, but not limited to: shoring, discharge of groundwater, well-point installations, handling regulated waste, offsite material storage, grading outside of right-of-way and blasting. Task 12 - Bidding Phase Services 12.1 Provide responses to all written and telephone inquires as requested by CMWD. 12.2 Prepare addenda as needed to clarify technical questions and questions asked repeatedly by bidders, to include items omitted from the original bid documents, and as instructed by CMWD. Addenda must be reviewed by CMWD, and signed by the Deputy City Engineer. Addenda prepared by Consultant will be signed and stamped by a State of California Registered Civil Engineer. . Additional Enqineerinq 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. General Counsel Approved Version 07.05.01 I9 EX H I B IT " B " COMPENSATION FOR ENGINEERING SERVICES FOR DESIGN OF CARLSBAD MUNICIPAL WATER DISTRICT RECYCLED WATER INDUSTRIAL PARK PIPELINES Compensation for the services described in Exhibit A, Scope of Work, shall be time and expense based on the labor categories and rates presented in Schedule of Professional Rates herein, plus subconsultant costs plus lo%, plus reimbursable direct costs at cost. Compensation for other direct costs incurred by the Consultant shall include costs for copying, report printing, blueprinting, fax, film and developing, long distance telephone, postage, telephone charges, vehicle mileage used in providing agreement services at the IRS rate, and filing fees. Compensation for Additional Services If, at any time, Consultant believes that additional services above and beyond the scope of work in effect at that time are required, Consultant shall notify CMWD in writing stating the reasons that said services are above and beyond the current scope of work, along with an estimate of the costs for such additional services, and the effect of the additional services on ihe project schedule, if any, and requesting an amendment to the agreement to incorporate the additional scope of work and to increase the not-to-exceed amount of the agreement accordingly. CMWD shall not be obligated to Consultant for any costs incurred until the CMWD has notified the Consultant in writing that said additional services and cost thereof have been authorized. Invoicing Consultant shall submit invoices to CMWD monthly for services performed during the preceding month. Invoices shall include the number of hours worked per Exhibit B-1 labor classification, ' the total contract amount authorized, amounts expended to date, amount invoiced, and remaining authorization. Copies of invoices for all direct costs and subcontract services costs shall be submitted to CMWD with the invoice. Invoices are due within 30 days of receipt. Notification If, at any time, Consultant has reason to believe that the costs which are expected to be incurred in the performance of the work in the next succeeding 60 day, when added to all costs previously incurred, will exceed 80 percent of the not-to-exceed amount authorized for the entire work, or any separately authorized portion thereof, or if, at any time, Consultant has reason to believe that the total cost to the CMWD for the performance of the work will be greater or substantially less than the price ceiling thereof, Consultant shall notify CMWD in writing to that effect, giving the revised estimate of such price ceiling for the work and requesting and amendment to the Agreement, if appropriate. Authorization to Proceed with Work At the option of CMWD, the work may be divided into the following two phases and corresponding for the purposes of authorization: 0 0 Authorization for additional services will be issued by CMW D separately for each amendment. Design Phase (Exhibit A, Scope of Work, Tasks 1 through 11) Bidding Phase (Exhibit A, Scope of Work, Task 12) $588,243 $1 1,249 General Counsel Approved Version 07.05.01 20 26 Parsons Engineering Science, Inc. Carlsbad Recycled Water Pipelines 2002 SCHEDULE OF PROFESSIONAL RATES (Effective 03/01/02 - 2/28/03) CODE / CLASSIFICATION DESCRIPTION Hourly Billina Rate PRINCIPALS 30 Principal PROJECTlTECHNlCAL MANAGERS 26 Project Manager ENGINEERS 19 Engineer, Senior 16 Engineer, Associate TECHNICAL a SUPPORT SPECIALISTS 16 Drafter 13 Administrative $180.00 $150.00 $1 25.00 $85.00 $71 .OO $45100 The above schedule of rates is subject to revision annually. The schedule billing rates include salary costs, overhead, and profit. Rates for internal other direct costs shall be as follows: Fax $0.43 per page Office Copies $0.05 per page CADD Plots Monochrome Plots $1 .OO per sheet Mylar Plots $3.00 per sheet Laser Prints $0.15 per sheet General Counsel Approved Version 07.05.01 21 H a I- $? N - m In 0 a e a - PRoUUCER Aon Risk Services, Inc. of Southern California 707 Wilshire Boulevard, Suite 6000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1- -I --- ---- KECETVEE MAR 1 1 2002 INSURED Parsons Engineering Science, Inc. 100 West Walnut Street Pasadena, CA 91 124 INSURERA 3 ~NSURERB American Home Assurance Company A &v* iNSURERC Lexington insurance Company ~ct K\/ L71 National Union Fire Insurance co. of Pittsburgh, PA A f.r ,kd r EN WEERING DEPARTMEN- INSURER D INSURERE ATTACHMENTS (IF ANY) ON SECOND PAGE TYPE OF INSURANCE POLICY NUMBER 152 35:5 GENERAL LIABILITY 2 COMMERCIAL GENERAL LlABlLlN POLICY EFFECTIVE DATE (MMIDDPM 1/1/2002 1/1/2003 GENERAL AGGREGATE I$ 2,000 PRODUCTS - COMPlOP AGG I$ 1,000 PERSONAL 8 ADV INJURY $ 1,000 FIRE DAMAGE (Any One Fire) MED EXP (Any One Person) $ 50 $ 1/1/2003 8 13 ~~~T~t% - OTHER E L EACH ACCIDENT s i nnn CERT"WATE OF INSURAPTE UAlt (MMIUUIYY) 3/8/2002 Los Angeles, California.90017 1213) 630-3200 INSURERS AFFORDING COVERAGE I I I cc - T A P P - co LTR - LIMITS (IN THOUSANDS) POLICY €%PIRATION DATE (MMIDDNf 1 - , CLAIMS MADE OCCURRENCE - - I OWNERS .% CONTRACTORS PROT - - I I I AUTOMOBILE LIABILITY I CA826-10-24-AOS 1 1/1/2002 d AUYAUTO .. ALL OWNED AUTOS d- SCHEDULED AUTOS .. HIREDAUTOS - q- NON.OWNED AUTOS 1/1/2003 I COMBINED SINGLE LIMIT 1,000 I BODILY INJURY I (Per person) BODILY INJURY I (Per accident) PROPERTY DAMAGE ~i GARAGE LlABlLlM ~ ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY I la EACHACCIDENT I $ AGGGREGATE I S - EXCESS LIABILITY - UMBRELLA FORM - OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOW -1 PARTNERSlEXECUTlVE f included OFFICERS ARE ' - Excluded OTHER PROFESSIONAL LIABILITY EACHOCCURRENCE I$ AGGREGATE I$ I I WC708-49-95 - CA E L UISEASE - POLICY LIMIT I$ 1,000 E L DISEASE - EA EMPLOYEE $ 1,000 1,000 AGGREGATE 1 .OOO EACH CLAIM GL933 1836E 1/1/2002 1/1/2003 I I llPTlON OF OPERATlONS/LOCATlONSNEHICLES/RESTRlCTlONS/SPECIAL ITEMS PES 404 8275 I Re Agreement for Engineenng Design Services for hdustnal Park Pipelines included in the Encina Basin Water Reclamation Program, Phase II Project, Project No 3887 See atlached Additional Insured (+OPS), Notice of Cancellation (NOC). Pnmary Insurance (PRIM), and Waiver of Subrogation (WAIVER) clauses CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES City of Carlsbad Public Works - Engineering Attn: Donna Harvey 1635 Faraday Avenue Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE xi4 ACORD 2543 (1195) OACORD CORPORATlbN 1988 1 ~______ __--_____________ ~ __ ____- SPECIAL CLAUSES ATTACHING TO CERTIFICATE OF INSURANCE (ACORD FORM 258) __~_________ _-_____-__ Certificate Holder: City of Carlsbad PES 404 8275 Public Works - Engineering Attn: Donna Harvey 1635 Faraday Avenue Carlsbad. CA 92008-7314 Additional Insured ('OPS): Except as respects Workers' Compensation and solely as respects work performed by the named insured, City of Carlsbad, (or if applicable - the City of Carlsbad Redevelopment Agency, Housing Authority or Carlsbad Municipal Water District) its officials, employees and volunteers are included as an additional insured but only to the extent of the named insured's negligence. Waiver of Subrogation (Waiver): Solely as respects work performed by the named insured, the qmpany(ies) agree to waive all rights of subrogation, where required by contract entered into prior to loss, against the Certificate Holder. Primary Insurance (PRIM): Where required by contract and where applicable, the insurance evidenced herein is primary and non-contributing to valid and collectible coverage maintained by the Certificate Holder. Cancellation Notice (NOC): It is agreed that, in the event of cancellation or material change in the aforementioned policy(ies), the Certificate Holder shall be given thirty (30) days prior written notice. Mar 12 02 03:12p Par sons - H ar za ($191 685-0046 P.2 I BUS. NUMBER 1213275 OATE ISSU 02/2a12002 SIC CODE 871 1 OWNER FIRM OR CORPORATION NAME BUSINESS NAME MAILING ADDRESS CITY AND STATE BUSINESS REGISTRATION CERTIFICATE Engineering Services MCBAIN, GREGORY W. PARSONS ENGINEERING SCIENCE, INC. YOLANDA A. SEVlLLA I1 0 W A ST # 1050 SAN DIEGO. CA 92101-3711 . c. .