HomeMy WebLinkAbout2004-06-08; Municipal Water District; 570; Award of Contract: Twin D Water Pump StationCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
570 \B#
ITG. 6/08/04
IEPT. ENG
TITLE: AWARD OF CONTRACT FOR THE CONSTRUCTION OF
THE TWIN D RECYCLED WATER PUMP STATION FOR THE
ENCINA BASIN WATER RECLAMATION PROGRAM,
PHASE II PROJECT AND APPROVE AGREEMENT FOR
CONSTRUCTION PHASE ENGINEERING SERVICES AND
APPROPRIATE FUNDS, PROJECT NO. 3889
CITY DEPT. ATTY. HD--w
RECOMMENDED ACTION:
Adopt Resolution No. 1213 accepting bids and awarding a contract for the construction of
the Twin D Recycled Water Pump Station for the Encina Basin Water Reclamation Program Phase
II Project, Project No. 3889, and appropriate funds.
Adopt Resolution No. 1214 approving and authorizing an agreement with Krieger &
Stewart to provide construction phase engineering services for the Twin D Recycled Water Pump
Station for the Encina Basin Water Reclamation Program Phase II Project, Project No. 3889.
ITEM EXPLANATION:
Included in the Encina Basin Water Reclamation Program, Phase II Project (Phase II) are three
recycled water pump stations: Twin D, Calavera, and Bressi. These pump stations will provide
recycled water service to customers throughout the City.
The Twin D Recycled Water Pump Station (Twin D RWPS) is a critical component of the Phase II project. ‘Construction of this pump station will enable the District to deliver recycled water produced at the Carlsbad Water Recycling Facility to Mahr Reservoir and “C” Tank Reservoir for storage, and provide pressure to recycled water customers located in the 550-pressure zone. This facility will also be capable of transferring water from the higher 550-pressure zone to the lower 384-pressure zone. Included in this contract is an approximately 800-square foot, architecturally-designed masonry building containing four vertical turbine pumps (three duty, one stand-by), a hydraulic surge arrestor system, on-site piping, landscaping improvements, and an on-site pavement overlay.
The Twin D RWPS will utilize the latest technology and will accommodate ultimate peak flows of the recycled water system. The pumping equipment includes four below ground vertical turbine pumps with above-ground motors. The structure has been designed to attenuate noise generation levels.
On December 2, 2003, the Board of Directors approved the plans and specifications and authorized
the advertisement for bids for the Twin D RWPS. On March 16, 2004, the Purchasing Department
received six (6) bids for the project as follows:
The Engineer’s Estimate for the construction of the project was $1,209,800. Staff has reviewed the
bids and determined that the apparent low bid submitted by CaliAuga was non-responsive due to
the fact that the contractor did not conduct a “good faith” effort to solicit bids from both
Minority Business Enterprises and Women Business Enterprises (“MBWBE”) prior to the bid opening as prescribed by the State Revolving Fund Loan Program’s specifications. Subsequently, staff has completed their review of the bid documents submitted by the 2”d low bidder,
SCW Contracting and has found them to be in order. Staff recommends that the Board award the contract for the construction of the Twin D RWPS to SCW Contracting.
Page 2 of Agenda Bill No. 570
Aareement for Construction Phase Enaineerina Services
Staff requested and received a proposal from Krieger & Stewart to provide engineering services during construction of all three recycled water pump stations included in the Encina Basin Water Reclamation Program. Services range from reviewing shop drawings to start-up assistance. Inspection or construction management services are not part of this scope of work. Krieger & Stewart was initially selected by the Board on March 12, 2002 to provide for engineering design of all three pump stations. Since they prepared the final design for these projects, they are most familiar with the design assumptions, specifications and operational requirements of each facility. As a result, the Purchasing Officer has waived the requirements for solicitation of multiple proposals consistent with Carlsbad Municipal Code Section 3.28.070. Staff has negotiated a fee proposal with Krieger & Stewart to provide these services on a time and material basis not-to-exceed $1 76,370. Staff recommends that the agreement with Krieger & Stewart be approved and authorized for execution.
ENVIRONMENTAL REVIEW:
The Twin D RWPS is a part of the Phase II project. A Mitigated Negative Declaration (MND) was
prepared for the Phase II project. The Carlsbad City Council approved the MND on January 25,
2000 under Case No. EIA 99-09, Resolution No. 2000-27. 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 Phase II project on March 1, 2002.
The Planning Commission approved a Conditional Use Permit (CUP 03-15) and a Coastal Development Permit (CDP 03-23) on October 1, 2003 by Planning Commission Resolution Nos. 5443 and 5444, respectively.
FISCAL IMPACT:
This agenda item is awarding a construction contract and approving an agreement for engineering
services associated with that contract.
Contract Award
The total construction cost of the project being awarded, which includes a recycled water pump
station and potable water improvements, is $1.8 million as shown below in Table 1. The original
Engineer’s Estimate for this project was $1.2 million. The increase in project cost is primarily due to
the significant rise in steel cost in addition to increases in other construction materials.
The cost of the recycled water pump station is $1.7 million and will be reimbursed by Federal and
State grants funds and a State Loan. This is one of three recycled water pump stations included in
the Recycled Water Phase II Program Project No. 3889. Based on updated estimates and the current
bid proposal, the existing appropriations are insufficient to construct the three recycled water pump
stations as shown in Table 2.
The cost of the “D, Reservoir improvements is $156,000. An appropriation from the Water
Replacement Fund will be required to complete this portion of the project. This project includes on-
site asphalt concrete pavement work.
Page 3 of Agenda Bill No. 570
TWIN D RECYCLED WATER PUMP STA - SCHEDULE A
TABLE 1
ESTIMATED FUNDING
COSTS SOURCE
D Reservoir Site Pavement Restoration - Schedule B
Contingencies (1 5%)
D Reservoir site Agricultural Mitigation Fee
I I
$ 90,000 Water
13,500 Replacement
39,000 Fund
Inspection, Testing and Construction Management (1 5%)
TOTAL COST - PROJECT 3932
CURRENT APPROPRIATIONS
APPROPRIATIONS REQUIRED
13,500
$ 156,000 -
$ 156,000
TOTAL - CONSTRUCTION CONTRACT
TOTAL - OTHER
1,493,000
346.600
GRAND TOTAL
Table 2 shows the estimated costs of the three pump stations included in the Recycled Water Pump
Stations Project No. 3889; the Twin D Recycled Water Pump Station is being awarded with this
agenda item. Based on estimates to date, the current appropriations are insufficient to complete the
pump stations. Staff is requesting an appropriation of $943,430 from the Recycled Fund.
This additional appropriation will increase the State loan amount, which is partially funding the
Recycled Phase II Project, by approximately $675,000.
$ 1,839,600
TABLE 2
Total Design Cost 579,360
TOTAL PROJECT COST $ 4,760,330
CURRENT APPROPRIATIONS 3,816,900
ADDITIONAL APPROPRIATION REQUIRED $ (943,430)
Aweement for Construction Phase Enqineering
Staff has requested and received a proposal from Krieger & Stewart to provide engineering services
during construction of the all three recycled water pump stations in addition to the Bressi Potable
Water Pump Station Project No. 391 0 which will be constructed concurrent with the Bressi Recycled
Water Pump Station, scheduled for fiscal year 2004-05.
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Page 4 of Agenda Bill No. 570
Staff has negotiated a fee proposal with Krieger and Stewart for a not-to-exceed amount of
$176,370. Of that total, $146,370 is included in with the cost for the Recycled Pump Stations shown
above; the remaining $30,000 is part of the cost of the potable water pump station. There are
sufficient appropriations available for the potable pump station; the funding for the recycled pump
stations is addressed in Table 2.
EXHIBITS:
1. Location Map
2. Resolution No. 1213 accepting bids and awarding a contract for the construction of
the Twin D Recycled Water Pump Station for the Encina Basin Water Reclamation Program
Phase II Project, Project No. 3889, and appropriate funds.
3. Resolution No. 1214 approving and authorizing an agreement with Krieger &
Stewart to provide construction phase engineering services for the Twin D Recycled Water
Pump Station for the Encina Basin Water Reclamation Program Phase II Project, Project No.
3889.
4. Agreement with Krieger & Stewart for Construction Phase Engineering for Pump Stations
Included in the Encina Basin Reclamation Program, Phase II Project, Project No. 3889.
DEPARTMENT CONTACT: Christopher Muehlbacher, (760) 602-2736, cmueh Bci.carlsbad.ca.us
LOCATION MAP
PROJECT NAME
ENCINA BASIN WATER RECLAIMATION PROGRAM, PHASE I1 PROJECT TWIN 'D'RECYCLED WATER PUMP STATION
\\ PROPOSED TWIN D
PROJECT EXHIBIT NUMBER 7 3889
RECYCLED WATER
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RESOLUTION NO. 1213
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE TWIN D RECYCLED WATER PUMP STATION FOR THE ENCINA BASIN WATER RECLAMATION
PROGRAM PHASE II PROJECT, PROJECT NO. 3889, AND
APPROPRIATE FUNDS.
WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined
it necessary, desirable, and in the public interest to construct the Twin D Recycled Water Pump
Station, for the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3889; and
WHEREAS, on December 2, 2003, the Board of Directors approved the plans and
specifications for the construction of the Twin D Recycled Water Pump Station, Project No. 3889;
and
WHEREAS, six (6) sealed bids were received on March 16,2004 for the project; and
WHEREAS, the low bid submitted by CaliAuga was determined to be non-responsive and
was rejected by staff; and
WHEREAS, the lowest responsive, responsible bid for the project was submitted by
SCW Contracting, in the amount of $1,493,000; and
WHEREAS, Subsection 3.28.1 72(c)(l) of the Carlsbad Municipal Code authorizes the
City Manager to approve change orders in the amount equal to the contingency set at the time of
the bid award.
WHEREAS, the cost of the D Reservoir Improvements, Project No. 3932, is $156,000 and
there are no existing appropriations for this project; and
WHEREAS, funding in the amount of $3,816,900 was appropriated for the Phase II
Recycled Water Pump Station, Project No. 3889; and
WHEREAS, the estimated cost to date for the Phase II Recycled Water Pump Stations is
$4,760,330.
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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.
2.
That the above recitations are true and correct.
That an additional $943,430 shall be appropriated from the Recycled Water Fund
to Project No. 3889.
3. That an additional $156,000 shall be appropriated from the Water Replacement
Fund to Project No. 3932.
4. That the bid submitted by SCW Contracting, in the amount of $1,493,000, for the
construction of the Twin D Recycled Water Pump Station for the Encina Basin Water Reclamation
Program, Phase II Project, is hereby accepted and the Mayor is hereby authorized and directed to
execute a contract therefor.
5.
up to $1 53,800.
6.
That the City Manager is hereby authorized to approve construction change orders
That the award of this contract is contingent upon SCW Contracting, executing
the required contract and submitting the required bonds and insurance policies, as described
in the contract, within twenty (20) days of adoption of this resolution with the understanding that
the City Manager may grant reasonable extensions of time.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 8th day of June , 2004 by the following vote, to wit:
AYES: Board Members Lewisf Firmila, Kulchin, Hail and Packard
ATTEST:
Resolution No. 1213
Page Two
(SEAL)
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RESOLUTION NO. 1214
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING AND
AUTHORIZING AN AGREEMENT WITH KRIEGER & STEWART TO
PROVIDE CONSTRUCTION PHASE ENGINEERING SERVICES
FOR THE TWIN D RECYCLED WATER PUMP STATION FOR THE
ENCINA BASIN WATER RECLAMATION PROGRAM PHASE II
PROJECT, PROJECT NO. 3889.
WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined
it necessary, desirable, and in the public interest to enter into an agreement between Krieger &
Stewart and the Carlsbad Municipal Water District; and
WHEREAS, the contractor, Krieger & Stewart, has worked on the planning and design of
the Twin D Recycled Water Pump Station and is the design engineer of record; and
WHEREAS, the contractor, Krieger & Stewart, possesses the necessary skills and
qualifications to provide engineering support during construction of Project No. 3889; and
WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals as
allowed by Carlsbad Municipal Code Section 3.28.070 due to Krieger & Stewart's unique historical
knowledge of Project No. 3889; and
WHEREAS, a mutually satisfactory fee for the contractor's engineering support services
has been negotiated between the parties for a not-to-exceed amount of $176,370, and there are
sufficient funds available to cover these services; and
WHEREAS, an agreement has been prepared and submitted hereto.
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. That the President of the Carlsbad Municipal Water District is authorized and
lirected to execute the agreement between Krieger & Stewart, and the Carlsbad Municipal Water
listrict for construction phase engineering services for the Twin D Recycled Water Pump Station
is part of the Encina Basin Water Reclamation Program, Phase II Project.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on the 8th day of June ,2004 by the following vote, to wit:
AYES: Board Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
4TTEST:
Resolution No. 1214
Page Two
(SEAL)
AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING FOR
PUMP STATIONS INCLUDED IN THE ENCINA BASIN RECLAMATION
PROGRAM, PHASE II PROJECT, PROJECT NO. 3889
(KRIEGER & STEWART)
THIS AGREEMENT is made and entered into as of the day of
20a, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911,
and a Subsidiary District of the City of Carlsbad, referred to as (IICMWDII), and
Krieger & Stewart, a California corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of a professional engineering
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 pump design and construction services.
services and advice related to pump design and construction services.
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 two (2) years from the date ..- first above written.-The Executive Manager may amend the Agreement to extend it for
two (2) additional one (1) year periods or parts thereof in an amount not to exceed
forty thousand dollars ($40,000) 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.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be one hundred seventy six thousand three hundred seventy dollars ($176,370).
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 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-:VI'.
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
General Counsel Approved Version #04/02/02
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10.1.3 Workers' Compensation and Emplover's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWD's 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.
1 0.2. 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 CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CMWD to obtain or maintain insurance and CMWD may collect
these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement .
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. 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
Chris Muehlbacher
Associate Enaineer
Address
Phone No.
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad. CA 92008
(760) 602-2735
Name
Title
Address
Phone No.
E-mail
Jon C. Reynolds, P.E.
Vice President
3602 University Avenue
Riverside, CA 92501 -3380
(909) 684-6900
jreynolds @I kriegerandstewart.com
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.
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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 (10) 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 Derform 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 #04/02/02 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.
General Counsel Approved Version #04/02/02
8
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
KRIEGER & STEWART, INC.,
a California corporation t (sign here)
%n C. Reynolds - Vice President
(print nam e/t i t le)
**ByGU
(sign here)
Charles A. Kriener - Secretary
ckrieaer@kriegerandstewart.com
(print nam e/t i t le)
(e-mail address)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
designee
n ATTEST:
Secretary
If required by CMW D, proper notarial acknowledgment of execution by contractor must
be attached. If a Corporation, Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By: 'Deputy Gehehl Counsel
General Counsel Approved Version #04/02/02
9
NOTARY ACKNOWLEDGEMENT
State of California 1 ss. County of Riverside
On May 14, 2004, before me, Kim Renee' Soto, a Notary Public, personally appeared Jon C. Reynolds
and Charles A. Krieger,
Personally known to me -or- 0 Proven to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the attached instrument and acknowledged to me that
they executed same in their authorized capacities, and that, by their signatures on the instrument, the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Sed
OPTIONAL INFORMATION
Capacity Claimed by Signer Description of Attached Document
Individual
Corporate Oficer(s):
Vice President and Corporate Secretary
[7 Partner(s): Limited General c] Attorney-in-Fact [7 Trustee@) n GuardidConservator
Title(s)
Agreement For Construction Phase
Engineering For Pump Stations Included In
The Encina Basin Reclamation Program,
Phase I1 Project, Project No. 3889
Document Title or Type
15 (including Krieger & Stewart's Proposal)
Number of Pages
To be dated by City of Carlsbad
Document Date 0 Other:
Citv of Carlsbad & General Counsel
Other Signer(s)
Signers are Representing:
Name of Person(s) or Entity(ies)
Krieger & Stewart, Incorporated
KRIEGER INCORPORATED ENGINEERING CONSULTANTS
3602 University Ave Riverside, CA 92501 -3380 Tei 909-684-6900 Fax 909-684-6986 8TEWAIZT =@ '
May 12,2004 860-3.7
Christopher M. Muehlbacher, P.E., Associate Engineer
City of Carlsbad
Public Works - Engineering Department
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Proposal for Construction Phase Engineering Services for
Encina Basin Water Reclamation Program, Phase II
Recycled Water Pump Stations (Revised)
Dear Mr. Muehlbacher:
In accordance with your request, we hereby submit our proposal to provide construction phase
engineering services for subject project. We understand that each of the three proposed recycled water
pump stations, Twin D, Calavera, and Bressi, will be constructed under separate contracts and in all
likelihood by different contractors. The Bressi Pump Station will include construction of both recycled
and potable water pumping facilities. The scope of our services for each pump station is summarized as
follows:
PROPOSED CONSTRUCTION ENGINEERING SERVICES
We propose to organize our construction engineering services into the following components:
1. Preconstruction Meeting
2. Submittals Review 3. Contract Administration Assistaiice
4. RFI Responses
5.
6. Record Drawings
7. Special Services
Facility Start-up, Performance Testing, and Acceptance
Each construction engineering component is described in detail in the following paragraphs:
1. Preconstruction Meeting
The preconstruction meeting will be attended by City staff, Krieger & Stewart's project engineer,
and project contractor staff, The preconstruction meeting will provide the opportunity for
complete review of the contract documents by all parties prior to starting work. We will be
prepared to respond to questions regarding Contract Document requirements, including special
project requirements. Following said meeting, we will prepare meeting minutes (in memorandum
format) to be distributed to all parties that attended the meeting.
KRIEGER
WhMT INCORPORATED
Christopher M. Muehlbacher
May 12,2004
Page 2
2. Submittals Review
We will assist City staff with the review and approval of project submittals to insure compliance
with the Construction Drawings and Specifications. We expect submittal documents to be
received for the construction schedule, all construction materials and equipment, equipment
operation and maintenance manuals, and equipment warranties. For the purpose of preparing our
fee estimate, we have assumed that we will be reviewing 60 submittals, including re-submittals.
3. Contract Administration Assistance
As directed by City staff, we will review requests for contract change orders received from the
contractor to determine if said requests are warranted. If a change order request is not warranted,
we will assist City staff in preparing a rejection letter to the contractor. If a change order request
appears justified, we will evaluate proposed costs and review the change with City staff and
receive their approval prior to preparing a contract change order for processing by the City.
As requested by City staff, we will respond to field questions regarding contract documents
(plans and specifications), field problems, or other construction related issues.
As directed by City staff, we will attend scheduled project meetings with the City's Project
Engineer and Inspector, and contractor's staff. We anticipate attending one meeting per month.
4. Requests for Information 0 Responses
As requested by City staff, we will respond to RFIs from the contractor regarding the contract
documents in order to ensure that the improvements and related facilities are constructed in
compliance with same. For the purpose of preparing our fee estimate, we have assumed that we
will be responding to 25 RFIs.
5. Facility Start-up, Performance Testing, and Acceptance
The contract documents require the contractor to provide start-up, performance testing, and
system validation of all equipment and components, including adjustments and calibrations by
equipment suppliers.
Start-up and performance testing will be witnessed by City staff and by representatives of our
project team. Using the equipment operation and maintenance manuals, the various equipment
suppliers will be required to provide City operations staff with sufficient instruction to enable
them to operate and maintain the facilities once City accepts same and assumes responsibility for
the pump station's operation.
KRIEGER
&WhRT INCORPORATED
-=a
Christopher M. Muehlbacher
May 12,2004
Page 3
Members of Krieger & Stewart's project team will attend the facility start-up and performance
testing, and will assist City staff in verifying that all equipment and appurtenances are hctioning
as specified in the contract documents prior to acceptance of construction work.
6. Record Drawings
Once the pump station has been completed, we will provide the City with a complete set of record
drawings which will reflect the facility as constructed. Field changes and changes resulting from
contract change orders will be shown on the record drawings.
7. Special Services
During construction of the projects, additional evaluations andor investigations may be required.
These special services will be authorized by City staff on a case by case basis by written Task
Order.
Our fee for providing construction phase engineering services is $176,370 for all three pump station
projects. A detailed breakdown per pump station is included in attached Table 1 and a copy of our
2003/2004 Fee Schedule is also attached. Our estimated fee for engineering services is based on our experience with similar projects; however, our actual fee will depend on the efficiency, competence, and
diligence of each contractor.
If you have any questions or require additional information, please call.
Sincerely,
KREGER & STEWART
Philip 8. Strom
PEShlt
3P7PROR2
Attachment: Table 1 - Estimated Fees for Construction Phase Engineering Services
2003/2004 Fee Schedule
KRIEGER
WW INCORPORATED J?EE SCHEDULE
2003/2004
CLASSIF'ICATION
Engineering Services
Consulting Engineer Managing Engineer
Principal Engineer Senior Engineer Associate Engineer
StaffEngineer I Staff Engineer II StaffEngineer III Staff Technician
Geologic Services
Principal Geologist Saior Geologist
Associate Geologist Staff Geologist I
StaffGeologist 11
StaffGeologist III StafFTechnician
Environmental Services
Principal Specialist
Senior Specialist Associate Specialist Staff Specialist I staff specialist II
Staff Specialist III
Forensic Services
Senior Expert Witness Testimony Investigation Associate Expert Witness Tedmony Investigation
Computer Aided Design Services
Senior Operator I Senior Operator I1
Senior Operator III Staff Operator I Staff Operator II
Staff Operator III
Surveying Services
Principal Surveyor Senior Surveyor Associate Surveyor Staff Surveyor I Staff Surveyor I1
StaffSurveyor III Staff Technician
RATES
$/HT.
190.00
170.00 140.00
125.00
112.00 100.00
88.00
76.00 61.00
140.00
125.00 112.00 100.00
88.00
76.00 61.00
140.00
125.00 112.00
100.00
88.00 76.00
270.00 190.00
220.00 165.00
90.00
85.00 80.00 75.00
70.00 65.00
140.00 125.00
112.00
100.00
88.00
76.00
61.00
,KRIEGER&STEWART #3460 P.002/002 JUN.09'2004 16:15 909-684-6986
FEE ScaEDuLE
2003/2004
(continoed)
RATES
CLASSIFICATION mr.
Surveying Services (continued)
2 Man Crew with Survey Tmk (including mhagc) and Global Positioning
I.
System Equipment
2 Man Crew with Swvy Truck (including mxlagc) and Standard Er 1 Man Crew Witb Global Positionhg System Equipment
Construction Services
Resident Engineer
Regular The Ovcrtime
construdion Iaspector
Weekdays (8 horns to 12 hours)
Weekdays (More than 12 hours) Saturday (12 hours or Xes)
Saturday (More than 12 hm) Sunday and Holiday (Holidays: New Yars Day, Memorial Day, IndEpmdeo Labor Day, Veterans Day? "bmksgiving Di
the Day ARC&-, cbristmas Day)
support SerLleS
Outside Servfces
Reimbursable Expenses
- 240.00
200.00
pmmt
200.00
80.00
Vehicle Mileage (excluding survey tracks) Air Fare, Ground F;Yc, Parking, and Subdstencc Copies, Rhts, Telephoue, D&vq, and Sundry Charges
TERMS OF PAYMENT:
ent agrees that the court
Page 2 nf 2
100.00
120.00
100.00
I20,OO
120.00
I Day, and
60.00 54.00
45.00
45.00
42.00
cost + 19%
0.60 $/Mile cost Con