HomeMy WebLinkAbout2002-09-10; Municipal Water District; 541; Agmt for Lake Calavera ImprovementsCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BIL
rB# 541 PROFESSIONAL SERVICES AGREEMENT WITH
ITG. 9/10/02
IEPT. ENG
PROJECT NO. 3821 1
CITY ATPI. u& CGVL ENGINEERS FOR LAKE CALAVERA IMPROVEMENTS
m: APPROVE AND AUTHORIZE A DEPT. HD.
CITYMGR.
RECOMMENDED ACTION:
Adopt Resolution No. 1170 to approve and authorize a professional services agreement with CGvL Engineers for the Lake Caiavera Improvements, Project No. 3821 1.
ITEM EXPLANATION:
At present, the inoperable outlet works at Lake Calavera prevent the District's operations and maintenance staff from controlling flows through the Lake Calavera dam. In addition, improved security is needed to protect the integrity of the improvement facilities.
The firm of CGvL Engineers has prepared a conceptual planning and prelimina design report outlining the requirements and costs for improvements at the reservoir property. T' he Immediate, proposed improvement project includes:
0 Replacing the existing outlet tower with a new inletloutlet facility to replace the inoperable system.
0 Repairing features of the existing spillway and channel to improve flow characteristics, access,
0 Upgrading the existing access road via the spillway apron for maintenance vehicles and crews.
0 Improving security with localized fencing and gating as needed to protect facility operations and
CGvL Engineers is uniquely qualified due to their knowledge of the site and conditions of the Having prepared the preliminary design report for the proposed Lake Calavera improvements,
immediate, proposed improvement project; as such, the Purchasing Officer has waived the requirements for solicitation of multiple proposals consistent with Carlsbad Municipal Code Section 3.28.150. Following the issuance of the preliminary design report, an additional design concept has been identified which reduces construction impacts to the dam structure. Based on negotiations, CGvL Engineers submitted a proposal to refine the preliminary design report followed by providing professional services related to the immediate, proposed improvement project on a time and material basis for an amount not-to-exceed $164,500. Staff recommends that the professional services agreement with CGvL Engineers be approved and authorized for execution.
and safety of the spillway and channel.
maintenance activities.
ENVIRONMENTAL REVIEW
The first phase of the proposed design work is to refine the preliminary design report to incorporate modifications that reduce impacts identified by the Biological Study conducted by Merkel 8, Associates. A CEQA determination on this first phase will be made pursuant to the findings of the reports performed for this project.
FISCAL IMPACT:
LAKE CALAVERA IMPROVEMENTS, PROJECT NO. 38211 FUNDING SOURCE: WATER REPLACEMENT FUNDS
The cost associated with the subject professional services agreement is $164,500 which is included in the estimated design costs shown above. There are sufficient funds available in the project account.
Page 2 of Agenda Bill No. 541
EXHIBITS:
1. Location Map.
2. Resolution No. 1170 to approve and authorize a professional services agreement
with CGvL Engineers for the Lake Calavera Improvements, Project No. 3821 1.
3. Agreement with CGvL Engineers for engineering design services.
LOCATION MAP
NOT TO SCALE
PROJECT NAME
LAKE CALAVERA IMPROVEMENTS
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RESOLUTION NO. 1170
A RESOLUTION OF THE BOARD OF DIRECTORS OF
TO APPROVE A PROFESSIONAL SERVICES AGREEMENT CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
WITH CGvL ENGINEERS FOR THE LAKECALAVERA
IMPROVEMENTS. PROJECT NO. 3821 1.
WHEREAS, CGvL Engineers prepared the conceptual planning and preliminary design
report outlining the improvements necessary to restore functionality of the Lake Calavera
reservoir; and
WHEREAS, the City's engineering staff requested a proposal for CGvL Engineers to
perform final design services for the proposed improvements to the Lake Calavera reservoir,
because CGvL Engineers performed the preliminary design report and are most familiar with the
design requirements for the proposed improvements; and
WHEREAS, CGvL Engineers' familiarity with the Lake Calavera improvements project was
the basis for the Purchasing Officer waiving the requirements for multiple proposals for
engineering design services as allowed by Carlsbad Municipal Code Section 3.28.150; and
WHEREAS, an additional design concept has been identified which reduces construction
impacts to the dam structure; and
WHEREAS, the City's engineering staff recommends that CGvL Engineer's proposal to
perform the refinement of the preliminary design report followed by construction phase
engineering services for the Lake Calavera improvements in the amount not-to-exceed $164,500
be approved; and
WHEREAS, sufficient funds from the Water Replacement Funds have been appropriated
in the existing appropriation.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. The Board of Directors authorizes the President to execute a professional services
agreement with CGvL Engineers in the amount not-to-exceed $164,500.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on them day of SEPTEMBER , 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Hall
NOES: None
\TTEST:
&6=
C%U?AI@E M. WOOD, Secretary
Page 2 of 2 of Resolution No. 1170
(SEAL)
PWENG302
AGREEMENT FOR ENGINEERING DESIGN SERVICES
(CATHCART, GARCIA, VON LANGEN ENGINEERS)
THIS AGREEMENT is made and entered into as of the 10th 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 CGvL ENGINEERS, a California "S" corporation, ("Contractor").
SEPTEMBER I_ 20 02, by and between the CARLSBAD MUNICIPAL WATER
RECITALS
A. CMWD requires the professional services of a civil engineering design
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
contractor that is experienced in civil engineering.
services and advice related to civil engineering.
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 one (1) year periods or parts thereof in an amount not to exceed
dollars ($41,000) per Agreement 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 one hundred sixty four thousand five hundred dollars ($164,500). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. CMWD reserves the right to withhold a ten percent
(10%) retention until CMWD has accepted the work and/or Services specified in
Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD will not be required to pay any workers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD for the acts and omissions of Contractor's subcontractor and
of the persons either directly or indirectly employed by the subcontractor, as Contractor
is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between
any subcontractor of Contractor and CMWD. Contractor will be responsible for payment
of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
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9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's
self-administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:V".
10.1 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 Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' ComDensation 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
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 Providina 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 Coveraae. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CMWD to obtain or maintain insurance and CMWD may collect
these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of CMWD during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CMWD. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to CMWD.
Contractor will have the right to make one (1) copy of the work product for Contractor’s
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. ~. -
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement,
For CMWD: For Contractor:
Name Lloyd Hubbs Name David L. Roohk
Title Public Works Director Title Vice President
Address 1635 Faraday Avenue Lake Forest, CA 92630
Phone No. (760) 602-2720
Carlsbad Municipal Water District Address 26250 Enterprise Ct., Ste. 150
Carlsbad, CA 92008 Phone No. (949) 454-3600
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 tile with
the Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
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Contractor, ftir Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this. Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases,
the action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to
them at law.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of CMWD. Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, CMWD will have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to
CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
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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.
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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
CGvL ENGINEERS, a
California "S" corporation
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 191 1, and a Subsidiary District
of the City of Carlsbad
President, Executive Manager or - designee
ATTd .
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.
Assistant Secretary, 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
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
bersonally known to me
OR
Proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) idare subscribed to the
within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized
d that by his/her/their signature(s) on the
erson(s), or the entity upon behalf of
(s) acted, executed the instrument.
..
OPTIONAL
The data below is not required by law, however it may prove valuable to persons
relying on the document and couldprevent fraudulent reattachment of this form.
SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT
U INDIVIDUAL
D CORPORATE OFFICER(S)
Title(s) TITLE OR TYPE OF DOCUMENT Cl PARTNER
D LIMITED
D GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE@)
0 GUARDIAN~CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
~ ~~
D OTHER: SIGNER(S) OTHER THAN NAMED ABOVE:
NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING:
I
0 1997 Reproduction prohibited. Reorder from Merchants Bonding Company, 800-777-9126. 7/99
CGvL
ENGINEERS
July 26,2002
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314 902-2001/33
Subject: Proposal-Engineering Services for Final Design of Lake Calavera Remedial
Improvements
Dear Mr. Plummer:
As we have discussed, CGvL Engineers has prepared this proposal to assist Carlsbad
Municipal Water District’s (CMWD) implementing recommended remedial improvements
to the Lake Calavera project site for protection of existing assets, features and storage
system functions. From our recent work, we are very familiar with Lake Calavera and
understand that it may ultimately be utilized as a component of a storage and distribution
system serving the recycled water (RW) requirements of CMwI)’s planned expansions.
We are also familiar with the reservoir’s current operational issues, having prepared the
Conceptual Planning and Preliminary Design Report (PDR) in October 2001. That report
investigated mitigation for historical operational problems, analyzed the effect of storage
volume at various RW system expansion milestones, evaluated specific reservoir
improvements, determined the best combination of improvements to pursue in both near-
term and future time frames, provided an opinion of probable cost, and recommended a
course of action for implementation.
For your convenience, this proposal contains a description of our overall project approach,
specific scope of work tasks, brief project team description, completion time and
compensation.
Project Approach
The PDR recommended implementing near-term remedial improvements as follows:
Replacing the existing outlet tower with a new inletloutlet (YO) facility
o Repairing features of the existing spillway and channel
n Upgrading the existing access road via the spillway apron
262.50 Enterprise Court * Suite 150
Lake Forest * Caiifornia - 92630
(949)454-3600 * FAX (949)454-3601
Website * www.cgvl.com
Mr. William E. Plummer - Lake Calavera
July 26,2002
Page 2
0 Improving security with localized fencing and gating as needed for protecting facility
operation and maintenance activities
Based on evaluations performed after completion and submittal of the PDR, modtications
to the existing outlet tower and proposed new UO improvements will consider the options
discussed at the recent meeting among CMWD staff, your consulting biologist and CGvL
Engineers. These options include retaining more of the existing outlet tower than shown in
the PDR, modifying the lower end of the proposed laid-back UO works and its connection
with the tower, and making consequential changes to construction methodology associated
with the foregoing. Also discussed since the PDR submittal was the consideration of
implementing an aeration system as part of the remedial work for additional water quality
enhancement. The PDR had recommended that such a system be considered during
ultimate improvements. Also, based on preliminary State Division of Safety of Dams
@SOD) review of the PDR, access road alternatives to the recommended upgrade of the
spillway apron, which were discussed in the PDR, will be reconsidered.
CGvL Engineers will perform an aerial survey and prepare contour maps for existing
conditions. We will investigate the Calavera Dam record drawings and field verify their
accuracy by assessing field conditions and indicating discrepancies on the above-noted
base maps. We will review available soil data and perform additional investigations
necessary for final design of the recommended facilities. We will assist CMWD’s
preparing input to relevant environmental documents and required permit applications.
Our project team will prepare and submit a refined preliminary design of the proposed
improvements to review with CMWD and DSOD before preparing final design documents.
Comments received from CMWD and DSOD will be discussed and implemented during
final design. We will submit design progress submittals to CMWD at the 60 and 90
percent design stages. We will meet with CMWD staff after each submittal to obtain
feedback and incorporate comments. We will also coordinate final design review with
DSOD. The final submittal will include construction documents for proposed remedial
improvements, and consist of drawings, specifications and a final cost opinion.
Scope of Work
Based on the above-noted discussion and our project understanding, the proposed scope of
work is listed below by task.
Task 1-Proiect Administration and Meetings.
A. Conduct a kick-off meeting with CMWD’s engineering and operations staff at project
initiation. Our key project staff will attend the meeting. During this kick-off meeting,
we will review the scope of work, review the detailed work plan and schedule
CGvL
ENGINEERS
Mr. William E. Plummer - Lake Calavera
July 26,2002
Page 3
(rendered in MS Project), and collect and review available information relative to the
project. A Lake Calavera site visit will also be conducted. We understand that an
important focus of the kick-off meeting will be to initiate establishng adequate project
definition for use in the parallel CEQA process. We will discuss the requirements and
timing for this consideration, which fall under Tasks 4 and 5.
B. Conduct progress review meetings with CMWD staff after submitting the refined
preliminary, 60 percent and 90 percent design documents, and one final meeting to
present the final design documents.
C. Provide on-going project administration, client communication, subconsultant
coordmation and staff supervision.
Task 2Survevine and Existinv Condition Review.
A. Perform an aerial survey and prepare contour maps at 2-ft intervals for the project site
in electronic format, indicating existing conditions.
B. Field verify the record drawings for existing facilities in the field and indicate those
conditions on the above-noted base maps.
C. Perform a video survey of the existing outlet works, including the interior tower base,
260 feet of outlet pipeline, and concrete outlet box to assess existing condition.
Task 3"Geotechnical Investigation. Perform a geotechnical investigation and provide a
summary report as required for final design of the improvements, including review of
analyses performed for the PDR and provision of two-to-three test borings with data.
Task &Institutional and Environmental Support.
A. Review existing permits and prepare a list of additional permits that may be required
for construction of proposed remedial improvements.
B. Assist CMWD with technical support in preparing environmental documents to reflect
the remedal improvements and their proposed construction plan.
Task &Preliminary Desien.
A. Evaluate structural integrity of the existing outlet works and prepare a tower
dismantling and outlet pipeline repair plan, details, and procedures.
B. Prepare a refined preliminary design for VO works improvements, including corrosion
control provisions.
CGvL
ENGINEERS
Mr. William E. Plummer - Lake Calavera
July 26,2002
Page 4
C. Prepare a project layout of the site showing proposed facility locations, describe
structural modifications and other proposed improvements to the spillway and channel,
and address and reflect DSOD PDR review consideration for proposed access road
improvements.
D. Provide a layout indicating the proposed fencing scheme and gate locations, including
fence type and materials.
E. Prepare a preliminary cost opinion of the various project elements and provide an
allowance for contingency, construction-related engineering and adrmnistration.costs.
F. Prepare and submit a refined preliminary design report, including identification and
description of the improvements’ scope of work further developed from the PDR.
G. Coordinate CMWD and DSOD review of preliminary design and collect comments as
applicable for final design.
Task &-Final Desim
A. Prepare and submit 60 percent, 90 percent, and final design documents, including civil,
structural, mechanical and electrical design drawings and specifications for the
proposed improvements, including corrosion control provisions (see Exhibit A for a
preliminary list of sheets). Include warranted changes based on feedback received from
review of the refined preliminary design.
B. Coordinate CMWD and DSOD review of each progress submittal as appropriate for
each agency and incorporate comments in ongoing design as applicable.
C. Incorporate CMWD’s standard contract documents with the specifications and prepare
final bid documents.
D. Prepare a construction cost opinion of the various project elements and provide an
allowance for contingency, construction-related engineering and administration costs.
Task 7”Desim Oualitv Control / Oualitv Assurance. Review preliminary and final
design, and cost opinions by the principal-in-charge and a senior engineer not directly
involved in the project.
p
A. Participate in one pre-bid job walk.
CGvL
ENGINEERS
Mr. William E. Plummer - Lake Calavera
July 26,2002
Page 5
B. Respond to contractors’ questions regarding contract documents during the biddmg
process.
C. Prepare and issue up to three addenda.
Task %Engineering Surmort During Construction. (Not costed herein)
A. Participate in one pre-construction meeting.
B. Respond to contractors’ questions during construction.
C. Provide construction shop drawing review.
D. Perform up to four 4-hour field observations at CMWD request.
E. Prepare record drawings at end of work on mylar from construction data received from
CMWD.
Project Team
For our project team, we propose to use principal team members from the PDR effort and
Phase IT RW system preliminary design, with the addition of other key individuals having
relevant detailed design experience. The following presents proposed key project team
members and their roles.
Dave Roohk will be CGvL Engineers’ principal-in-charge. He will be responsible for
overall work and resource coordination, technical continuity and coordination from
previous related studies, and provision of work product quality reviews.
Adel Bassvouni will be the project manager. He will be responsible for selected design
tasks, routine client and subconsultant contact, team member coordination, and
construction document preparation.
Ninvo & Moore will be employed for the project geotechnical investigation.
PowelllPBS&J will assist with DSOD coordination, structural evaluation of the existing
outlet tower and review of deliverables, and selected other tasks.
Other subconsultants will be used as required to assist our performance of the proposed
engineering scope of work, e.g., the Task 2 surveys.
CGvL
ENGINEERS
Mr. William E. Plummer - Lake Calavera
July 26,2002
Page 6
Completion Time
We propose to complete the design within six months after receiving your authorization to
proceed with the work. Our proposed schedule allows 15 calendar days each for review
and comment on the preliminary design, and the 60 and 90 percent design progress
submittals.
Compensation
We propose that compensation for our services be on a time-and-materials basis with an
estimated fee of $164,500, not to be exceeded without additional authorization. Hourly
rates and other direct costs will be in accordance with the attached rate schedules, Exhibits
B and C, respectively. To facilitate your review, we have summarized the estimated
engineering fee per task in Table 1. We generally submit invoices for our ongoing work on
a monthly basis. Payment of approved items on an invoice is expected to be mailed to
CGvL Engineers within 30 days of your receipt of the invoice.
I Task
No. Description
1 Project Administration and Meetings
2 Surveying and Existing Condition Review
3 Geotechnical Investigation
4 Institutional and Environmental Support
5 Preliminary Design
6 Final Design
7 Design Quality Control / Quality Assurance
8 Assistance During Bidding
9 Engineering Support During Construction
Total
13,300
33,100
10,300
7,600
35,100
49,500
7,100
8,500 k Not costed
Please note that some of the foregoing alternative design considerations, e.g., the noted
alternative outlet tower demolition and modification, may be fee neutral, i.e., our proposed
fee may be adequate to cover either of two discussed alternative designs or approaches.
However, some of the foregoing considerations would likely result in the need for more
fee, e.g., the noted alternative access road modifications to satisfy DSOD, or the addition of
an aeration system to the remedial facility design scope. The above-listed fee is based on
the documented PDR recommendations, and, therefore, may have to be adjusted to cover
alternative designs or approaches.
CGvL
ENGINEERS
Mr. William E. Plummer - Lake Calavera
July 26, 2002
Page I
Please call me if you have any questions or wish to discuss any items of this proposal in
greater detail. Thank you for this opportunity to provide continued engineering services to
you and the City of Carlsbad.
Very truly yours,
CGvL ENGINEERS
David L. Roohk
Vice President
Enclosures (3)
DLR:AB:jal
cc: Adel Bassyouni, CGvL Engineers
uiRoaul~ml~.,.33~.~LaVcunRop~LICa~~~
CGvL
ENGINEERS
Exhibit A
Preliminary Drawing List
Count Sheet Reference and Title
I
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
G1 -Title Sheet, Vicinity and Location Maps
G2 - Index of Drawings, Symbols, Abbreviations, and General Notes
C1 - Civil Symbols, Notes, and Abbreviations
C2 - Civil Standard Details
C3 - Grading & Access Road Site Plan
C4 - Grading & Access Plan and Profile
C5 - VO Tower Demolition & Improvement Details
C6 -New I/O Works Plan and Profile
C7 -New VO Works Details
C8 - Yard Piping Site Plan
C9 -Outlet Pipeline Improvement Details
A1 -Architectural Symbols, Abbreviations, and Notes
A2 - Architectural Standard Details
A3 - Operations Building Plan, Sections & Elevations
S 1 - Structural Symbols, Abbreviations, and Notes
S2 - Structural Standard Details
S3 - Operations Building Plan, Sections & Elevations
P1 - Process Flow Diagram Symbols, Abbreviations, and Notes
P2 - Process Flow Diagram Standard Details
P3 - Process Flow Diagram
M1 -Mechanical Symbols, Abbreviations, and Notes
M2 -Mechanical Standard Details
M3 - Operations Building Plan, Sections
El - Symbols, Abbreviations, Conduit Schedule and Notes
E2 - Electrical Site Plan
E3 -Electrical Single Line Diagram
E4 - Process & Instrumentation Diagram
E5 - Operations Building Plan
E6 - Operations Building Details & Schedules
E7 - Conduit & Wiring Schedules
3 1 I E8 - Electrical Details
Exhibit B
CGvL ENGINEERS
Schedule of Hourly Billing Rates
Effective January I to December 31,2002
Engineering
0 Principal
0 Managing Engineer
0 Supervising Engineer
0 Senior Engineer
0 Engineer
0 Associate Engineer
0 Assistant Engineer
Construction
0 Construction Manager
0 Resident Engineer
0 Inspector II
0 Inspector I
Technical
0 CAD Manager
0 Lead CAD Designer
0 Senior CAD Designer
0 CAD Drafter
0 Engineering Technician II
0 Engineering Technician I
Administrative
0 Administrative Assistant
0 Word Processor
0 Clerk
Hourlv Billing Rate
$165
$145
$132
$105
$94
$86
$71
$51
$46
$4 1
Exhibit C
CGvL ENGINEERS
Direct Expense Charges
Effective January 1 to December 31,2002
Direct expenses to projects are charges incurred by CGvL Engineers for such items as
computer time, automobile mileage, transportation, equipment rental, testing services,
postage, communications, reproduction, travel and living expenses, and subconsultants.
Charges for miscellaneous direct expenses are included as part of the hourly billing rates
for each labor category, and include standard software and computer usage, normal
communication and postage, and minimal in-house photocopying. Charges for other
direct expenses are billed at the actual cost or charge out rate, plus a service charge of 10
percent for expenses, and 10 percent for subconsultants. Other direct expenses include:
0 Subconsultants
0 Transportation
0 Travel and living expenses
0 Computers with engineering analysis programs at $10 per hour
0 Check prints at $1 each
0 Black and white, and color plots from $8 to $42 each, based on sheet size, complete
list available on request
0 Mileage at $0.365 per mile
0 Scanning text and photographs, $7 per scan
0 Photocopies at $0.10 per copy
0 Sampler equipment rental at $40 per day or $200 per week
0 Other equipment rental
0 Outside photocopy, blueprint, printing or plotting services
0 Testing services
0 Special postage, handling or messenger service
AXWDM CERTIFICATE OF LIABILITY INSURANCE DATE (MWDWYY)
06107102
'RODUCER
Ioaley, Renton &Associates KECEJV~.,~~-,~NLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE
500 S. Lake Ave., #308
Jasadena, CA 91106 JUN 24 2002
526 844-3070
~
.,,THIS CERTIFICATE IS ISSUED AS A MATER OF INFORMATION
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSURERS AFFORDING COVERAGE
____~. NSURED CGVL Engineers
26250 Enterprise Court, Suite 150
Lake Forest, CA 92630
~- ~~~~~~~~~~~~ fMQnv~~ji INSURERA: United States FidelityBLKGy q:v"- ca~
1 INSURERE United States Fidelity 8 Guara- KV
I!N" ~~
lp~ ~ ~___________.
INSURERC- Design Professionals Insurance Co. & @
~~~ __~
-______~~ ~~~~~
i
CLAIMS MADE OCCUR ~
~ ~~~~
lGENLAGGREGI\TELIMITPIPPLIESPER:
LCC POLICY, JECT PRO-
B AUTOMOBILE LIABILITY BA01131993
ALL OWNED AUTOS
SCHEDULED AUTOS
WJRED NAMED ABOVE FOR THE mucy PERIOD INDICATED. NOTWITHSTANDING
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
~JW.GE LIABILITY I I
ANY AUTO
EXCESS LIABILITY-
- i
~
AUTO ONLY - EA ACCIOENT $
OTHERTHAN AUTO ONLY ~~~~~~
EACHOCCURRENCE ~ . ,
AGG 5
..
~~~~~~ I OCCUR [ CLAIMSMADE j _____I ~ ! I
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DEDUCTIBLE
RETENTION $
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WORKERS COMPENSATION AND
EMPLOYERS' UABILIW i ~
WC STATU- OTH. TORY LlMlTS ER.
I ELEACH Acc1DENT-&L
2
$1,000,000 ann1 aggr. Jability
$1,000,000 per claim 06/09/03 06/09/02 AEE0227209 OTHER Professional
IESCRlPTlON OF OPERATlONSlLDCATIONYEHlCLEYEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
rhe City of Carlsbad, The City of Carlsbad Redevelopment Agency, Housing Authority, Carlsbad Municipal Water
listrict, its officials, employees and volunteers are named as additional insured with respect to liability
wising out of activites performed by or on behalf of the named insured. RE: Lake Calavera Improvements
'relirninary Design Report, Project 38211
:ERTIFICATE HOLDER II ~D1TlONALWSURED;INSURERLETTER: ~~ CANCELIATION
City of Carlsbad
Engineering Dept.;Attn:Donna Harvey
*IR1161(1XRU~~U~RK~U~R~N~~UX 1635 Faraday Avenue
NOTICETOTHE CERTIFICATE HOLDERNFMEDTOTHELEFT. B-%RRJISRMNXXX
C
Carlsbad, CA 92008 ="X
SHWLD~VOFTHE~OVEDESCRlBEDPOLlClESBEC~CELLEDBEFORETHEEXU~TION
DATE THEREOF, THE ISSUING INSURER WILLrN~~MAlL3O-DAYSWRITTEN
AUTHORIZED REPRESENTAllVE
CORD 25-S (7/97) 1 of 1 #M74887 MAF Q ACORD CORPORATION 1988
Policy Number: ~~01124855
Owners Lessees or Contractors (Form B) ADDlTlbNAL INSURED
Change@) Effective: 06/07/02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule Name of Person or Organization:
City of Carlsbad
Engineering Dept.;Attn:Donna Harvey
1635 Faraday Avenue Carlsbad, CA 92008
SECTION II - WHO IS AN INSURED is amended to include as an insured the
arising out of "your work" for that insured by or for you. person or organization shown in the Schedule, but only with respect to liability
Housing Authority, Carlsbad Municipal Water District, its officials, The City of Carlsbad, The City of Carlsbad Redevelopment Agency,
employees and volunteers are named as additional insured with respect to liability arising out of activites performed by or on behalf of the named insured. RE: Lake Calavera Improvements Preliminary Design Report, Project 38211
PRIMARY INSURANCE:
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
WAIVER OF SUBROGATION:
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
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