HomeMy WebLinkAbout2003-01-14; Municipal Water District; 545; Final Design of Mahr Reservoir ImprovementsENGINEERING SERVICES AGREEMENT WITH
dTG. . 1/14/03 CGvL ENGINEERS FOR THE FINAL DESIGN OF
MAHR RESERVOIR IMPROVEMENTS, PROJECT NO. 3675-2
RECOMMENDED ACTION:
Adopt Resolution No. 1175 to approve and authorize an engineering
services agreement with CGvL Engineers for the final design of Mahr Reservoir Improvements,
Project No. 3675-2.
ITEM EXPLANATION:
Mahr Reservoir is an existing earthen fill dam constructed in 1982 to store recycled water from the
Meadowlark Reclamation Facility. It is located east of Rancho Santa Fe Road just south of
Melrose Drive. Both the Meadowlark Reclamation Facility and Mahr Reservoir are owned and
operated by Vallecitos Water District (VWD). To meet water quality and operation needs for
CMWD’s recycled water system requires that certain improvements be made to Mahr Reservoir.
These improvements include:
a Dredging and cleaning the reservoir bottom
a Modifying the inlet/outlet works
a Adding an aeratioddestratification system
a Performing miscellaneous site work
The firm of CGvL Engineers prepared the preliminary design report outlining the requirements and
costs to make the needed improvements to Mahr Reservoir. These improvements subsequently
were incorporated into the project description for the Encina Basin Water Reclamation Program,
Phase II project (Phase 11). Funding for the Phase II project was then approved to receive a grant
and a low-interest loan from the State Water Resources Control Board, and a grant from the
Bureau of Reclamation.
Since CGvL Engineers performed the preliminary design of the Mahr Reservoir Improvements,
they are the most familiar with the design assumptions and specification and operation
requirements of CMWD. With this in mind, the Purchasing Officer waived the requirements for
solicitation of multiple proposals consistent with Carlsbad Municipal Code Section 3.28.1 50.
Based on negotiations, CGvL Engineers submitted a proposal to provide these services on a time
and materials basis for an amount not-to-exceed $397,600. Staff recommends that the agreement
with CGvL Engineers be approved and authorized for execution.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration (MND) was prepared for the Phase I1 project. The Carlsbad
City Council approved the MND on January 25, 2000 under Case No. EIA 99-09.
The United States Department of the Interior completed its review of the Phase II project for
compliance with the National Environmental Policy Act (NEPA) and formally approved the NEPA
on March 1,2002.
Page 2 of Agenda Bill No. 545
FISCAL IMPACT:
The total cost for the Phase II project is $38.6 million as show in the Table below.
.. 1 $1.302.400
The total cost for the Mahr Reservoir Improvements is $2.0 million as listed in Item No. 5 above.
The total fee payable for engineering design services for the Mahr Reservoir Improvements is
$397,600 in the first year term. The agreement, however, may be extended an additional year
based on original terms. The construction cost for the Mahr Reservoir Improvements is estimated
to be $1.3 million. An appropriation of $2.0 million is required from the Water Replacement Fund
for the Mahr Reservoir Improvements.
The Phase II project is being financed through a combination of local, State, and Federal funding programs. Through two previous resolutions, the Board has appropriated $4.6 million. On January 23, 2002, the State Water Resources Control Board approved a $31 million low-interest loan and a $5 million grant for the Phase II project. The low-interest loan and grant
funding for the Phase II project includes an allowance for engineering expenses and construction management. The loan is expected to be repaid through the sale of recycled water to end-users. Finally, in 1997 the Federal Bureau of Reclamation (BUREC) authorized the Phase II project to receive a 25 percent project grant. The CMWD Board approved an agreement with the BUREC on
June 11, 2002 by Resolution No. 1155 for a Fiscal Year 01/02 grant in the amount of $330,000.
It is estimated that the CMWD may receive a $2 million grant in Fiscal Year 02/03, followed by
additional grant funds in subsequent fiscal years.
The estimated cost for the design and construction of the Mahr Reservoir Improvements has been
incorporated into the said funding programs; therefore, funds are available for the engineering design.
A cash flow analysis was prepared to provide an estimate of future revenues and operating
expenses for the Phase II project including impacts to the “potable” water operations. The results
of the cash flow analysis shows that in today’s dollars, future revenues will be sufficient to pay for
the operating expenses and to pay back the SWRCB loan.
EXHIBITS:
1. Location Map.
2. Resolution No. 1175 to approve and authorize an engineering services
agreement with CGvL Engineers for the final design of Mahr Reservoir Improvements,
Project No. 3675-2.
3. Agreement for professional engineering services (CGvL Engineers).
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LOCATION MAP
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I CITY Of OCEANSIDE
MAHR
PROJEC
SITE \ CKl k ENClNtTU w
PROJECT NAME PROJECT EXHIBIT
MAHR RESERVOIR FINAL DESIGN NUMBER
3675-2 1
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RESOLUTION NO. 1175
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
TO APPROVE AND AUTHORIZE AN ENGINEERING
SERVICES AGREEMENT WITH CGvL ENGINEERS FOR THE
MAHR RESERVOIR IMPROVEMENTS, PROJECT NO. 3675-2.
WHEREAS, CGvL Engineers prepared the preliminary design report outlining the
improvements necessary to utilize Mahr Reservoir in the Encina Basin Water Reclamation
Program, Phase II project; and
WHEREAS, the City's engineering staff requested a proposal to perform final design
engineering services from CGvL Engineers because they performed the preliminary design report
of the Mahr Reservoir Improvements and were, therefore, most familiar with the design and
operation requirements; and
WHEREAS, the City's Engineering staff recommends that CGvL Engineer's proposal to
perform construction phase engineering services for the Mahr Reservoir Improvements in the
amount not-to-exceed $397,600 be approved; and
WHEREAS, funding in the amount of $2.0 million shall be appropriated from the Water
Zapital Replacement Fund with the understanding that the CMWD will receive a low-interest loan
and grant which will be used to reimburse the Water Capital Replacement Fund as progress
Dayments are submitted to the State Water Resources Control Board during construction of the
Mahr Reservoir Improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Nater District (CMWD) of the Ctty of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That $2.0 million shall be appropriated from the Water Capital Replacement Fund
'or the Mahr Reservoir Improvements.
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3. The Board of Directors authorizes the President to execute an engineering
;emices agreement with CGvL Engineers in the amount not-to-exceed $397,600.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on the 14th day of JANUARY , 2003 by the following vote, to wit:
AYES: Board Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
4TTEST
Page 2 of 2 of CMWD Resolution 1175.
(SEAL)
AGREEMENT FOR
(CGvL ENGINEERS)
CIVIL EN.GINEERING DESIGN SERVICES
THIS AGREEMENT is made and entered into as of the /S7H day of ,a3 I by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, d Public Agency organized under the Municipal Water Act of 191 1 ,
and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"),
and CGvL ENGINEERSl a California "S" corporation, ("Contractor").
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 one
hundred thousand dollars ($100,000) 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.
General Counsel Approved Version #04/02/02 1
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be time and material not-to-exceed three hundred ninety seven thousand six
hundred dollars ($397,600). 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.
General Counsel Approved Version #04/02/02 2
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries io persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:V".
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate,
at Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
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.
General Counsel Approved Version #04/02/02 3
10.1.3 Workers' Compensation and Employer's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWDs
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 resetves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
1 I. 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 #04/02/02
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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
Title
Address
Phone No.
Lloyd Hubbs
Public Works Director
Carlsbad Municipal Water District
1635FaradavAvenue
~ ~ ~. ~
Cakbad, CA 92008
1760) 602-2720
Name
Title
Address
Phone No.
David L. Roohk
Vice President
26250 Enterprise Ct. , Suite 150
Lake Forest, CA 92630
(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 CMWb'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.
General Counsel Approved Version #04/02/02
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Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (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.
General Counsel Approved Version #04102/02 6
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.
General Counsel Approved Version #04/02102 7
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the .
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
Ill
Ill
General Counsel Approved Version #04/02/02 a
26. AUTHORITY
The individuals executina this Agreement and the instruments referenced in it on behalf
of Contractor each repr;?sent 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
*By:
(sign he're) ,
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of /92;1, and a Subsidflstrict
ATTEST:
Secretary
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@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Deputy General Counsel
General Counsel Approved Version #04/02/02
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r
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
State of
County of
On- w Date 4; d00a before me, Jqssie, p ame, . '12tle Lee, ot oMcyk ju4L4-y f&&d
personally appeared l? 1' E hm-d VL'M ,~lr-v, &pd- c>avI& 6?ooLk dName(s) ot SignersW
mersonally known to me
OR a 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
c i i and that by his/her/their signature(s) on the
OPTIONAL
The data below is not required by law, however it may prove valuable topersons
relying on the document and couldprevent fraudulent reattachment of this form.
SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT
c1 INDMDUAL
Ll CORPORATE OFFICER(S)
Title(s) TITLE OR TYPE OF DOCUMENT D PARTNER
c1 LIMITED
rll GENERAL NWER OF PAGES
0 ATTORNEY-IN-FACT
CI TRUSTEE(S)
rll GUARDIAN/CONSERVATOR DATE OF DOCUMENT
0 OTHER:
NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED ABOVE:
0 1997 Reproduction prohibited. Reorder from Merchants Bonding; Company, 800-777-9126. 7/99
EXHIBIT "A" .:. SCOPE OF SERVICES
ENGINEERS
May 14,2002
CGvL
Mr. William E. Plummer
Deputy City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14 902-2001/33
Subject: Proposal-Engineering Services for Final Design of Mahr Reservoir Improvements
Dear Mr. Plummer:
As we have discussed, CGvL Engineers has prepared this proposal to assist Carlsbad
Municipal Water District's (CMWD) implementing the Phase II Expansion improvements for
your recycled water (RW) distribution system. From our recent work, we are very familiar with Mahr Reservoir and understand that it will be a critical component in serving the
projected RW requirements of the proposed expansion, and also in the ultimate expansion.
We are also familiar with the reservoir's operational issues, having prepared the evaluation
study for the reservoir in May 2000. That study investigated mitigation for historical reservoir
operational problems, analyzed the benefit of this storage volume at various RW system
expansion milestones, evaluated specific reservoir improvements, determined the best
combination of improvements to pursue, 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 study recommended implementing initial Alternative 1 improvements as follows:
0 Dredging and cleaning the reservoir bottom o Modifying the inlet/outlet (YO) works
0 Adding an aeratioddestratification system o Performing miscellaneous site work
Reservoir covering and lining were also evaluated in the May 2000 study. Because of relative
lack of performance justification versus considerable cost, the study recommended deferring
these additional improvements. Therefore, our base design approach assumes implementing
the recommended initial alternative.
26250 Enterprise Court Suite 150
Lake Forest California 92630
(949)454-3600 FAX (949)454-3601
Website www.cgvl.com
Mr. William E. Plummer - Mahr Reservoir
May 14,2002
Page 2
Per your request, an optional approach assumes also designing a reservoir cover and liner.
Early in our proposed effort we will assist you in obtaining operator input from other existing
seasonal storage reservoirs and perform a preliminary design evaluation to help you make a
decision to pursue or not pursue final design of the cover and liner. Per our earlier discussions,
we considered proposing a cover without a liner. But subsequent discussions with others with
relevant design experience recommended against this approach because of potential problems
with cover performance over the range of water level fluctuations, absent a liner. However,
this concept will be re-examined in our preliminary design task.
CGvL Engineers will perform an aerial survey and prepare contour maps for existing
conditions. We will investigate the reservoir 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 preliminary design of the proposed improvements
to review with CMWD and the State Division of Safety of Dams (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 designreview with
DSOD and the State Water Resources Control Board (SWRCB), although the latter is
expected to have only minor input as a funding agency. The find submittal will include construction documents for proposed 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.
B.
C.
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, and collect and
review available information relative to the project. A Mahr Reservoir site visit will also
be conducted.
Conduct progress review meetings with CMWD staff after submitting the preliminary, 60
percent and 90 percent design documents, and one final meeting to present the final design
documents.
Provide on-going project administration, client communication, subconsultant
coordination, and staff supervision.
CGvL
ENGINEERS
Mr. William E. Plummer - Mahr Reservoir
May 14,2002
Page 3 '
Task ZSurvevinp and ExistinP Condition Review.
A. Perform an aerial survey and prepare contour maps at 2-ft intervals for the reservoir 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. Field investigate, using an electronic depth finder and manual soundings, the bottom
elevations of the reservoir to assess the volume of deposits to be removed by dredging.
D. Obtain operator feedback by field visit or phone from up to four other existing seasonal
recycled water storage reservoirs as it affects consideration of covering and lining.
Task Weotechnical and Structural InvesGPations.
A. Perform a geotechnical investigation, involving two to three test borings, as required for
final design.
B. Perform a structural assessment of the existing outlet tower regarding stability with respect to the design seismic event in light of proposed modifications.
Task 4-Institutional and Environmental Sumort.
A. Review existing permits and prepare a list of additional permits that may be required for
construction of the proposed improvements.
B. Assist CMWD with technical support in updating environmental documents to reflect the
proposed improvements.
Task 5-Preliminarv Desim.
A. Prepare a preliminary plan for reservoir dredging and cleaning, and a preliminary design
for I/O works improvements, including corrosion control provisions.
B. Size the aeration system and provide data sheets for proposed equipment.
C. 'Prepare a project layout of the reservoir showing proposed facility location, building
layout, and structural and electrical modifications.
D. Evaluate the benefits of providing a cover and liner for the reservoir in the Phase I1 or
ultimate system expansions, and provide recommendations. The evaluation will be based
on the floating polypropylene cover and porous AC liner concept analyzed in the May
2000 study.
E. Prepare a preliminary cost opinion of the various project elements and provide an
allowance for contingency, construction-related engineering and administration costs.
CGvL
ENGINEERS
Mr. William E. Plummer - Mahr Reservoir
May 14,2002
Page 4
F. Prepare and submit a preliminary design report, including identification and description of
the improvements’ scope of work.
G. Coordinate CMWD, DSOD and value engineering (VE) 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
preliminary design, including VE input.
B. Coordinate CMWD, DSOD and SWRCB 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-Cover and Liner Final Desim (optional).
A. Prepare and submit 60 percent, 90 percent, and final design documents, including civil,
structural, mechanical and electrical design drawings and specifications for covering and
lining the reservoir (see Exhibit B for a preliminary list of sheets).
B. Merge this work with Subtasks 6.B, 6.C and 6.D, and Tasks 8,9 and 10 as required.
Task 8-Design 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.
Task 9-Assistance DurinP Bidding.
A. Participate in one pre-bid job walk.
B. Respond to contractors’ questions regarding contract documents during the bidding
process.
C. Prepare and issue up to three addenda.
Task 10-En~neering Support DurinP Construction.
A. Participate in one pre-construction meeting.
CGvL
ENGINEERS
Mr. William E. Plummer - Mahr Reservoir
May 14,2002
Page 5
B. Respond to contractors' questions during construction.
C. Provide construction shop drawing review.
D. Perform up to five 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 recent Phase I1 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.
PowelVPBS&J will be employed for engineering related to optional reservoir covering and
lining, and selected other tasks, including product quality review.
Ninvo and Moore will be employed for investigating reservoir bottom conditions and project
geotechnical requirements.
Other subconsultants will be used as required to assist our performance of the proposed
engineering scope of work.
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 $280,200, not to be exceeded without additional authorization. If the optional
reservoir cover and liner design task is required, the estimated fee will be $397,600. Hourly
rates and other direct costs will be in accordance with the attached rate schedules, Exhibits C
and D, respectively. To facilitate your review, we have summarized the estimated engineering
fee per task in Table 1. Estimated fee impacts of optional Task 7 on Tasks 6, 8, 9 and 10 are
.included in the listed Task 7 fee.
D ENGINEERS
Mr. William E. Plummer - Mahr Reservoir
May 14,2002
Page 6
Task
No. I
1
2
3
4
5
6
7
8
9
10
I
Description
Project Administration and Meetings
Surveying and Existing Condition Review
Geotechnical and Structural Investigations
Institutional and Environmental Support
Preliminary Design
Final Design
Cover and Liner Final Design (optional)
Design Quali.ty Control / Quality Assurance
Assistance During Bidding
CoverLiner
16,400
29,400
27,100
10,000
63,000
65,200
0'
8,200 -
8,800 J Engineering Support Duriig Construction
Y 52,100
280,200 I Total
Ilars I
With
CoverLiner
16,400
29,400
27,100
10,000
63,000
65,200
1 1 7,400
8,200
8,800 52,100
397,600
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 propose continued engineering services to
you and the City of Carlsbad.
Very truly yours,
CGvL ENGMEERS
David L. Roohk
Vice President
Enclosures (4)
DLR:AB:mna
cc: Adel Bassyouni, CGvL Engineers
M:\Roposal200I\CMWD.I-33\LetlerPropMahrRes.doc
CGvL
ENGINEERS
Exhibit A
Count
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
29
30
31
32
33
34
35
36
Preliminary Drawing List
Sheet Reference and Title
G1 - Title Sheet, Vicinity and Location Maps
G2 - Index of Drawings, Symbols, Abbreviations, and General Notes
C 1 - Civil Symbols, Notes, and Abbreviations
C2 - Civil Standard Details
C3 - Grading & Dredging Site Plan - 1
C4 - Grading & Dredging Site Plan - 2
C5 - Demolition & Site Improvement Details
C6 - YO Works Plan and Profile
C7 - I/O Works Details
C8 - Yard Piping Site Plan
C9 - Yard Piping Details
A1 - Architectural Symbols, Abbreviations, and N
A2 - Architectural Standard Details
A3 - Operations Building Plan
A4 - Operations Building Sections & Elevations
ot es
S 1 - Structural Symbols, Abbreviations, and Notes
S2 - Structural Standard Details
S3 - Operations Building Plan
S4 - Operations Building Sections & Elevations
PI - Process Flow Diagram Symbols, Abbreviations, and Notes
P2 - Process Flow Diagram Standard Details
M1 - Mechanical Symbols, Abbreviations, and Notes
M2 - Mechanical Standard Details
M3 - Operations Building Plan
M4 - Operations Building Sections
M5 - Aeration System Plan and Profile
M6 - Aeration System Details
El - Symbols, Abbreviations, Conduit Schedule and Notes
E2 - Electrical Site Plan
E3 - Electrical Single Line Diagram
E4 - Process & Instrumentation Diagram - 1
E5 - Process & Instrumentation Diagram - 2
E6 - Operations Building Plan
E7 - Operations Building Details & Schedules
E8 - Conduit & Wiring Schedules
E9 - Electrical Details
MWropsd 2001\CMWLI.1-33\Mahr ResExhibit A-Mahrl.doc
Count
1
2
3
4
5
6
7
8
9
10
11
12
13
Exhibit B
Preliminary Drawing List - Optional Cover and Liner
Sheet Reference and Title
Reservoir Liner and Grid Plan
Reservoir Cover Plan
Outlet Liner Details
Reservoir Liner Sections and Details - 1
Reservoir Liner Sections and Details - 2
Reservoir Liner Sections and Details - 3
Cover Seam, Trough and Float Sections and Details
Cover Sand-Filled Tube Details
Cover Small Vent Details
Cover Drain Plan and Section
Cover Hatch Frame Details
Hatch Cover Details
Cover Large Vent Details
M\Propxal ZOOlCrnwd.l-33E~bit B-Mahr.dac
Exhibit C
CGvL ENGINEERS
Schedule of Hourly Billing Rates
Eflective January 1 to December 31,2002
Eneineering
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
Hourly Billing Rate
$165
$145
$132
$105
$94
$86
$7 1
$1 15
$90
$70
$60
$57
$46
$41
M:\AccIg\Bill Rates\OZ-Rate.Doc
Exhibit D
CGvL ENGINEERS
Direct Expense Charges
Egective 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