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HomeMy WebLinkAbout2006-01-17; Municipal Water District; 610; Accepting Bids Awarding Contract J.F. Creamer & Sons Inc Nolte Associates Inc San Marcos Boulevard Water Transmission Pipeline San Marcos Boulevard WideningCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 610AB# MTG. 1/17/06 DEPT. ENG TITLE: ACCEPTING BIDS, AWARDING A CONSTRUCTION CONTRACT WITH J. F. CREAMER & SONS, INC., AND APPROVING AND AUTHORIZING AN ENGINEERING SERVICES AGREEMENT WITH NOLTE ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CONSTRUCTION OF SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT, PROJECT NO. 3956, AND SAN MARCOS BOULEVARD WIDENING, PROJECT NO. 6005, AND APPROPRIATION OF FUNDS RECOMMENDED ACTION: 1267Adopt Resolution No. Sons, Inc., and approving and _ accepting bids, awarding a contract with J. F. Creamer & authorizing an engineering services agreement with Nolte Associates, Inc., for construction management and inspection services for the construction of the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005, and appropriation of funds. ITEM EXPLANATION: The San Marcos Boulevard Water Transmission Main is located in San Marcos Boulevard and extends from Business Park Drive to Rancho Santa Fe Road. This pipeline, constructed in 1956, has reached its useful life and needs to be replaced. The City of San Marcos has also prepared plans and specifications to widen San Marcos Boulevard in the same reach as the San Marcos Boulevard Water Transmission Main. The joint construction under one contract of the San Marcos Boulevard Widening and the San Marcos Boulevard Water Transmission Main is desirable and in the best interest of CMWD and the City of San Marcos. A construction agreement was approved by the Board on July 12, 2005 to provide for payment to Carlsbad Municipal Water District by the City of San Marcos for the cost to construct and provide construction management and inspection for the roadway widening. This project was originally advertised in September 2005, and on October 18, 2005, the Board of Directors adopted Resolution No. 1257 rejecting the one bid received, approve revised plans and specifications, and authorized the District Secretary to the Board to re-advertise for bids for the construction of the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005. On December 7, 2005, the Engineering Department received five (5) sealed bids as follows: CONTRACTOR NAME 1 . J. Fletcher Creamer & Sons, Inc. 2. Orion Construction Corporation 3. Metropolitan Construction 4. TC Construction Corporation 5. Colich Construction Corporation CITY/STATE Sylmar, CA Vista, CA Bonita, CA Santee, CA Torrance, CA TOTAL WD $4,348,237 $4,476,915 $4,534,208 $4,757,345 $5,113,689 The Engineer's Estimate for the combined project was $4,011,123. The lowest bid was submitted by J. Fletcher Creamer & Sons, Inc. The bid for the San Marcos Boulevard Water Transmission Main Replacement was $2,254,005, or 7% lower than the City of Carlsbad Engineer's Estimate, while the bid associated with the San Marcos Boulevard Widening Project total was $2,094,232, or 23% higher than the City of San Marcos Engineer's Estimate. In summary, the bid for the Water Transmission Main was lower than the City of Carlsbad Engineer's Estimate, but the bid submitted exceeds the City of San Marcos Engineer's Estimate for the roadway improvements. The City of San Marcos review of the bids received for the road improvements, as well as the specifications and plans, and discussions with contractors and material suppliers indicate that costs have increased significantly in the last six to nine months and continue to increase for asphalt, fuel for equipment, electrical and mechanical equipment, and concrete. Therefore, requesting new construction bids will not result in a lower construction cost. Page 2 of Agenda Bill No.bto In addition to receiving bids for the construction contract, on September 1, 2005, four statements of qualification and proposals to perform construction management and inspection services were also submitted to the Engineering Department. The qualifications and proposals were reviewed and ranked by a selection committee composed of Engineering Department staff members. The firm of Nolte Associates, Inc., is recommended as the most qualified firm and most responsive proposal for this project. To assist staff with the construction management and inspection services required to manage the project, staff recommends that a professional services agreement be approved with the firm of Nolte Associates, Inc., to provide these services for a not-to-exceed amount of $250,263. ENVIRONMENTAL REVIEW: The City of San Marcos is the lead agency for environmental review. A Mitigated Negative Declaration was prepared by the City of San Marcos in accordance with California Environmental Quality Act (CEQA) guidelines. The CMWD San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, was included in the Mitigated Negative Declaration for the widening project. Since the project is located within the City of San Marcos, the City of Carlsbad does not have regulatory jurisdiction. FISCAL IMPACT: Funding for the water transmission pipeline replacement is provided from the Water Replacement Fund. The estimated cost to construct the San Marcos Boulevard Water Transmission Main is shown in Table 1. There are sufficient funds available to construct the project from existing Water Replacement Fund appropriations. TABLE 1 SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT, PROJECT NO. 3956 Preliminary Design Final Design Construction Contract (J. Fletcher Creamer & Sons, Inc.) Construction Contingencies (10%) Construction Management, Inspection, and Material Testing (Nolte) Project Administration (Staff) TOTAL PROJECT COST CURRENT APPROPRIATION ADDITIONAL APPROPRIATION REQUIRED $50,000 $103,083 $2,254,005 $225,401 $129,729 $30,000 $2,792,218 $3,011,2*1 NONE The total cost of constructing the San Marcos Boulevard Widening Project is shown in Table 2. TABLE 2 SAN MARCOS BOULEVARD WIDENING PROJECT, PROJECT NO. 6005 Construction Contract (J. Fletcher Creamer & Sons, Inc.) Construction Contingencies (10%) Construction Management, Inspection, and Material Testing (Nolte) TOTAL COST $2,094,232 $209,423 $120,534 $2,424,189 Page 3 of Agenda Bill No.bio The City of San Marcos prepared plans and specifications for the road widening project, which will be constructed in combination with the San Marcos Boulevard Water Transmission Pipeline Replacement. The estimated cost for the construction of the San Marcos Boulevard Widening Project is $2,424,189, and will be funded entirely by the City of San Marcos. On July 12, 2005, the Board of Directors approved an agreement with the City of San Marcos, Resolution No. 1252. The City of San Marcos has made an initial deposit of $460,723. Once construction is underway, the City of San Marcos will make monthly progress payments for completed work, so that CMWD will not be required to advance any funds on behalf of the City of San Marcos. Funds received from the City of San Marcos will be deposited and spent out of the GCC (General Capital Construction) Fund. In order to award the contract and provide sufficient budgetary appropriations to establish the necessary purchase orders, staff is requesting an appropriation from the GCC Fund for the entire amount of the street widening project up front, with the understanding that the initial deposit and subsequent monthly reimbursements from the City of San Marcos will provide the cash needed to pay the contractor in a timely manner. Costs are subject to modifications based on actual contract bid prices. An appropriation of $2,424,189 from the GCC Fund will be needed to fund the road widening project. EXHIBITS: 1. Location Map. 2. Board of Directors of Carlsbad Municipal Water District (CMWD) Resolution No. 1267 accepting bids, awarding a contract with J. F. Creamer & Sons, Inc., and approving and authorizing an engineering services agreement with Nolte Associates, Inc., for construction management and inspection services for the construction of the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005, and appropriation of funds. 3. Agreement with Nolte Associates, Inc., for Construction Management, and Inspection Services for the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005. 4. Background information. DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us LOCATION MAP NOT TO SCALE cnr or OCEANSOC PACIFICOCEAN SITE PROJECT NAME SAN MARCOS BOULEVARD WATER TRANMISSION PIPELINE REPLACEMENT PROJECT NUMBER 3956 EXHIBIT DRAW BY: SCOTT EVANS, CAKLSBAD ENGINEERING DEPT. 5/19/05 ft \CAPITAL\^HLES\195e.DWO RESOLUTION NO. 1267 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 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) ACCEPTING BIDS, AWARDING A CONSTRUCTION CONTRACT WITH J. F. CREAMER & SONS, INC., AND APPROVING AND AUTHORIZING AN ENGINEERING SERVICES AGREEMENT WITH NOLTE ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR CONSTRUCTION OF THE SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT, PROJECT NO. 3956, AND THE SAN MARCOS BOULEVARD WIDENING, PROJECT NO. 6005, AND APPROPRIATION OF FUNDS. WHEREAS, an agreement was approved by Resolution No. 1252, dated July 15, 2005, between the City of San Marcos and CMWD for the San Marcos Boulevard Widening Project; and WHEREAS, the Board of Directors of the CMWD has previously approved the plans and specifications and authorized the advertisement for bids for the construction of the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005; and WHEREAS, five (5) sealed bids were received on December 7, 2005 by the City of Carlsbad for the construction of the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005, and were subsequently reviewed by staff; and WHEREAS, the low bid received by J. Fletcher Creamer & Sons, Inc., in the amount of $4,348,237.50 was determined to be the lowest responsive bid by staff; and WHEREAS, the estimated project cost for the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, is $2,792,218 and there are sufficient funds available to construct the project, from the Water Replacement Fund; and WHEREAS, the estimated project cost for the San Marcos Boulevard Widening, Project No. 6005, is $2,424,189 and an initial deposit of $460,723 has been received from the City of San Marcos. An appropriation of $2,424,189 from the General Capital Construction Fund is required to award the construction contract for the road widening project; and 1 2 3 4 26 WHEREAS, the City of San Marcos will make monthly progress payments for completed work; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it necessary, desirable, and in the public interest to construct the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005; and WHEREAS, on September 1, 2005, four statement of qualifications and proposals to perform construction management and inspection services were submitted to the Engineering Department. The qualifications and proposals were reviewed and ranked and the top two firms9 invited to interview by a selection committee composed of Engineering Department staff10 members. The firm of Nolte Associates, Inc., is recommended as the most qualified firm and most 11 responsive proposal for this project; and 12 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has 13 determined it necessary, desirable, and in the public interest to enter into an agreement between 14 Nolte Associates, Inc., and the CMWD for Construction Management and Inspection Services for 15 the construction of the San Marcos Boulevard Water Transmission Main Replacement, 16 Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005. 17 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 18 Water District (CMWD) of the City of Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the bid submitted by J. Fletcher Creamer & Sons, Inc., in the amount of 21 $4,348,237.50, for the construction of the San Marcos Boulevard Water Transmission Main 22 Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005, 23 is hereby accepted and the Executive Manager is hereby authorized and directed to execute a contract therefore. 3. That the Executive Manager is hereby authorized to approve construction change orders up to $225,401 for Project No. 3956 and $209,423 for Project No. 6005. 27 28 1 2 3 4 5 17 18 19 4. That the award of this contract is contingent upon J. Fletcher Creamer & Sons, Inc., 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 Executive Manager may grant reasonable extensions of time. 5. That the proposal by Nolte Associates, Inc., in the amount of $250,263 for engineering design services is accepted and approved. 6. That the President of the Carlsbad Municipal Water District is authorized and directed to execute the agreement with Nolte Associates, Inc., for Construction Management and & Inspection Services for the construction of the San Marcos Boulevard Water Transmission Main9 Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005. 10 7. That the Finance Director is authorized to appropriate $2,424,189 from the General 11 Capital Construction Fund for the San Marcos Boulevard Widening, Project No. 6005. 12 13 14 15 16 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 17th day of January , 2006 by the following vote, to wit: AYES: Board Members Lewis,/%ll, Kulchin, Packard, Sigafoose NOES/1 None ABSOJT/None CLAUDE LORRAINE M. WOOD, Secretary^^p'^"///, (SEAL) ' 20 ATTEST: 21 22 23 24 25 26 27 28 AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (NOLTE ASSOCIATES, INC.) THIS AGREEMENT is made and entered into as of the I? day of U&nUtU^iJ 2QO(& by and between the CARLSBAD MUNICIPAL WATER DIStRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and NOLTE ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of an engineering firm that is experienced in Construction Management and Inspection services. B. Contractor has the necessary experience in providing professional services and advice related to Construction Management and Inspection. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to CMWD and has affirmed its 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. General Counsel Approved Version #04/02/02 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be an amount not-to-exceed two hundred fifty thousand two hundred sixty three dollars ($250,263). 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 payment requests should be made based on the Fee Schedule 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 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. General Counsel Approved Version #04/02/02 10 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. 10.1.3 Workers' Compensation and Employer'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 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 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. 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. General Counsel Approved Version #04/02/02 \\ 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. 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 Bill Plummer Name Bill Miller Title Deputy City Engineer, Design Title Project Director Carlsbad Municipal Water Dist Company Nolte Associates, Inc. Address 1635 Faraday Avenue Address 15070 Avenue of Science Carlsbad, CA 92008 Suite 100 San Diego, CA92128 Phone No. (760) 602-2768 Phone No. (858) 385-0500 E-Mail bplum ©ci.carlsbad.ca.us E-Mail bill.miller@nolte.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. General Counsel Approved Version #04/02/02 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. 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. General Counsel Approved Version #04/02/02 13 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 sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to General Counsel Approved Version #04/02/02 recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parlies 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 NOLTE ASSOCIATES, INC., a California corporatioc CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of )£11, and a Subsidjaf9 District of the/XJity of Carlsbad (sign here) (print name/title) "B (sign here) A. O (print name/tnle) LORRAINE M. WOOD Secretary (e-mail address) 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. *Grpup A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor 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: ROMALDsR. BALL, GeneralCounsel ]\ t 1By:.' Deputy General Counsel /-//-0V General Counsel Approved Version #04/02/02 II* ALL PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ) ) ss. County of SACRAMENTO ) On November 8, 2005, before me, Rick Garces, Notary Public, personally appeared Thomas G. Kurkjian and John A. Dallen, Jr., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the 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. WITNES and official seal Signature of Notary Public RtCKOARCES Communion* 1338000 Notary Put*: -California Sacramanto County My ComraB<pim.Dec2Z. 20061 (Seal of Notary) OPTIONAL The information contained below is not required by law, however it may be a valuable resource to persons relying on the attached document and it may prevent fraudulent use of this form. Description of Attached Document: Title or Type of Document: Agreement for Construction Management Services - Carlsbad Municipal Water District - Date of Document: November 8, 2005 Signer(s) Other Than Named Above: _ Number of Pages: 9 EXHIBIT A SCOPE OF WORK CARLSBAD MUNICIPAL WATER DISTRICT SAN MARCOS BOULEVARD TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES August 4, 2005 General Information The San Marcos Boulevard Transmission Main Replacement Project and San Marcos Boulevard Street Improvement Project will be constructed under one contract. The Carlsbad Municipal Water District (CMWD) and the City of San Marcos entered into an agreement to provide for reimbursement to Carlsbad Municipal Water District for the cost to construct and provide construction management and inspection for the roadway widening portion of the construction contract. CMWD shall approve all changes to the Scope of Services. Changes to the Scope of Services will not be made without prior written approval from CMWD. CONSULTANT will not be compensated for services provided prior to approval of a change to the Scope of Services. The CMWD will not reimburse any services provided by CONSULTANT that are not covered by the Scope of Services. CMWD is requesting proposals, which shall include at a minimum the tasks outlined below. Each task shall apply, as necessary, to construction management services for the projects listed in this RFP. The proposal shall be prepared under the assumption that one construction contract will be awarded for both projects. If additional services are recommended beyond those included in this scope of work, describe additional services and proposed method for completion of the work. The firm to be awarded the construction management services contract shall be known as the Construction Manager (CM), and shall be retained through the completion of the project, including any contract time extensions. The CM shall assemble a multi-discipline team and provide one lead individual, the Project Manager, who shall bear overall responsibility for all CM services, and who shall be available to report directly to the CMWD's Project Manager. Required items of work that cannot be furnished by the CM's in-house personnel shall be furnished by subconsultants under direct contract with the CM. All such subconsultants shall be identified in the proposal, and the utilization of these subconsultants is subject to approval by CMWD. All work shall comply with the requirements of federal and state laws, CMWD requirements, City of San Marcos requirements, professional engineering and industry standards, and other regulations related to the construction of water transmission pipelines and appurtenances and street improvements. ifr August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-2 PROJECT DESCRIPTION: The construction contract is broken down into the following Bid Schedules: Bid Schedule "A" - San Marcos Boulevard Transmission Main Replacement Project, Drawing No. 425-1 The Project is replacement of an existing 27-inch steel cement mortar lined and coated potable water transmission pipeline buried within the right-of-way of San Marcos Boulevard within the city of San Marcos. The section of pipeline to be replaced is approximately 4,000 ft long and extends from its connection to the Second San Diego Aqueduct at the southeast corner of the intersection of San Marcos Boulevard and Rancho Santa Fe Road to the intersection of San Marcos Boulevard and Avenida de las Rosas/Acacia Drive near the San Marcos/Carlsbad city line. The pipeline will be replaced in the same alignment corridor within San Marcos Boulevard right-of-way with a buried 30-inch steel cement mortar lined and coated pipeline. The work of the project will include disconnection of the existing pipeline from the Second San Diego Aqueduct and connection of the replacement pipeline in its place. The potable water supply provided by this pipeline can only be interrupted for short periods. Therefore, the existing pipeline will need to be taken out of service and disconnected from the Aqueduct and the replacement pipeline connected and immediately placed into service. The work will require coordination with the San Diego County Water Authority for work within the Authority's right-of-way, and shutdown of CMWD's existing pipeline, however no shutdown of the Aqueduct will be required. The connection at Avenida de las Rosas is to an existing valved stubout that was installed during replacement of the pipeline west of Avenida de las Rosas/Acacia Drive. An existing turnout to a reservoir off the existing 27-inch pipeline within the pipeline segment to be abandoned in place for future use as a recycled waterline. The intersection of San Marcos Boulevard and Rancho Santa Fe Road and the section of San Marcos Boulevard immediately west of Rancho Santa Fe Road experience high traffic volumes and have multiple exit and entry points to adjacent commercial developments. The potable water transmission pipeline to be replaced is owned by the Carlsbad Municipal Water District (CMWD) and supplies water to the City of Carlsbad. The CONSULTANT will provide construction management and inspection services during construction of the San Marcos Boulevard Transmission Main and Street Improvements. Construction work hours for the pipeline replacement work will be during the night. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-3 Construction of the San Marcos Boulevard Transmission Main Replacement and Street Improvements Project is anticipated to begin November 2005 and end in November 2006. CMWD Project Manager: David P. Ahles Phone: (760) 602-2748 Fax: (760) 602-8562 Design Consultant: Daniel Boyle Engineering Engineer of Work: Robert Satchell Public Relations: Contractor to provide notices to adjacent property owners Environmental: MND Prepared by City of San Marcos Geotechnical Materials Testing: To be supplied by CM consultant Owner: CMWD Field Office: Provided by Construction Contractor Bid Schedule "B" - San Marcos Boulevard Street Improvement Project, Drawing No. IP-4693 The City of San Marcos has prepared plans and specifications to widen San Marcos Boulevard in the same reach as the San Marcos Boulevard Water Transmission Main. The San Marcos Boulevard Widening Project consists of widening San Marcos Boulevard from the Acacia Drive intersection easterly to Rancho Santa Fe Road to prime arterial standards. The work includes three through lanes in the eastbound direction, an exclusive right-turn lane, a bike lane, raised landscaped median, retaining walls, curbs, gutters, sidewalks, traffic signal modification, storm drain, and streetlights. In addition, improvements will be made to the intersection of Rancho Santa Fe Road with San Marcos Boulevard, including a new traffic signal system designed to current City of San Marcos standards for two northbound through lanes for Rancho Santa Fe Road, three eastbound through lanes for San Marcos Boulevard, two left-turn lanes from eastbound San Marcos Boulevard to northbound Rancho Santa Fe Road, and two left-turn lanes from northbound Rancho Santa Fe Road to westbound San Marcos Boulevard. There will also be a pavement overlay of the south side of San Marcos Boulevard within the project limits. The San Marcos Boulevard widening from Acacia Drive to Rancho Santa Fe Road is integral to the Circulation Element Plans for San Marcos, and the North County Region in general; this project will improve a vital link in the North County region's roadway network. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-4 The CONSULTANT shall provide construction management and inspection services during construction of the San Marcos Boulevard Transmission Main and Street Improvements. Construction work hours for the roadway work will be during the night. Construction of the San Marcos Boulevard Transmission Main Replacement and Street Improvement Project is anticipated to begin in November 2005 and end in November 2006. City of San Marcos Project Manager: Phone: Fax: Design Consultant: Engineer of Work: Mike Mercereau (760) 752-7550 (760) 752-7578 Dokken Engineering Don Bloodworth Public Relations: Environmental: Geotechnical Materials Testing: Owner: Field Office: SCOPE OF SERVICES: Contractor to provide notices to adjacent property owners MND Prepared by City of San Marcos To be supplied by Construction Management consultant City of San Marcos Provided by Construction Contractor Task 1: General Project Management and Coordination Services 1.1 Maintain ongoing interaction with CMWD, City of San Marcos, contractor, design engineers, regulatory agencies, San Diego Gas & Electric (SDG&E), Pacific Bell, Cox Cable, Vallecitos Water District, local residents and business, and other agencies and individuals affected by the work. Coordinate with the contractor to prepare and release notices of construction activity as required by the project specifications. 1.2 Provide project organization, individual assignments, responsibilities, phone numbers, lines of authority, and methods for interfacing with CMWD, local agencies, contractors, and the public. Provide a Project Manager, who bears total responsibility for CM services and is available to report directly to CMWD's Project Manager. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-5 1.3 Communication Management: Establish document control systems and procedures for documenting communications and correspondence. Provide examples of all forms that the CM and contractor will be required to use to transmit and formalize all Requests for Information (RFI), clarifications, submittals, substitution requests, concrete pour notifications, blasting notifications, radiographic testing requests, and other official project documents. Task 2: Preconstruction Services 2.1 Perform a thorough review of the construction drawings, specifications, and engineer's cost estimate to become familiar with the project work, and identify constructability problems and specific coordination requirements for the awarded project. 2.2 Notify appropriate parties, schedule and conduct the Preconstruction Conference with the contractor. The meeting shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the contractor's questions answered. The meeting shall emphasize the project's philosophy of teamwork and cooperation as goals to achieve a safely constructed project, built on schedule, and in accordance with all quality requirements. 2.3 Preconstruction Condition Surveys - The CM shall conduct a condition survey of general conditions of the area of work and its features. Task 3: Construction Services Task 3.1 Contract Administration/Compliance/Mobilization The CM shall be responsible for all aspects of contract compliance, change/claims processing, negotiations and contract interpretation and enforcement. Utilize the field offices provided by the contractor. The furniture and telephones shall be provided by the contractor per the specifications. The furniture and telephones shall remain the property of the contractor. The CMWD's Project Manager may also use certain contractor and CM furnished furniture and supplies. Maintain all furnished office space and equipment in good working condition and promptly inform the contractor of all repairs or modifications required. CM shall furnish any additional office space, furniture, computers, materials, tools, inspection gear, cameras and film, equipment, paper, office supplies, machines, telephones, and all other items required to provide suitable facilities for CM staff. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-6 Task 3.2 Reports and Communications All relevant project communications shall be documented and promptly distributed to the CMWD and applicable parties. All original project documents and final project reports shall be furnished to CMWD within 60 days following filing of the Notice of Completion. Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, daily inspection reports, dates of utility service interruptions, and all other project correspondence. Monthly progress reports (three copies) shall be prepared and submitted to the CMWD and City of San Marcos Project Managers and shall include the following elements: a) Summary of the prior month's main accomplishments and current construction activities. b) Overall contractor's conformance to contract schedule and quality requirements. c) Identification of key problems, action items, and issues. Recommendation for solutions. d) Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance. e) Photographs of representative project activities. Task 3.3 Photo Documentation Review the contractor's videotape of preconstruction site conditions prior to any construction operation to confirm existing conditions within the limits of work, adjacent areas, and along haul roads to document and clearly depict pre-existing conditions. Prepare additional videotape and/or photographs to document site conditions as required to supplement the contractor's videotape. Take and develop construction documentation photographs on a regular basis. Maintain a photographic library of all significant construction activities, including new piping and structures, relocated utilities, and connections to existing facilities. Label photos with the date, location, and narrative information. Take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-7 Task 3.4 Construction Progress Meetings Schedule and conduct weekly construction progress meetings with the contractor and the CMWD. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees within two working days. Include minutes in the monthly progress reports. Task 3.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the CM. CM will review the contractor's submittals for conformance with the contract document requirements. Submittals of a general nature are to be reviewed and processed by the CM. CMWD and City of San Marcos will be available to review submittals and/or shop drawings. The CM shall coordinate the review of steel pipe submittals with the CMWD. CM will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements shall be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. Task 3.6 Plans and Specifications Interpretation Inspect construction activities to ensure that the work is in accordance with the contract documents and regulatory agency requirements. The CM shall review and respond to contractor Requests for Information (RFI). Upon approval by the CMWD, the projects' design consultant will be available to review the RFI. The CM shall maintain a log of RFI and provide written clarification to the contractor in a timely manner. The CM shall respond in writing to contractor questions from a reasonable review of the drawings and specifications for clarification items. Responses to requests for changes to the design require prior approval from CMWD or City of San Marcos project managers. Obtain and maintain specification referenced standards including: local and regional specifications, codes, standards, publications, regulations, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents, as referenced in the contract documents and as required to perform the work. Make such documents available for review by the contractor, CMWD, City of San Marcos, and other interested parties. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-8 Task 3.7 Project Management and Resident Engineering The CM's Project Manager and Resident Engineer shall oversee, perform, and coordinate work included within this scope of work, as directed by the CMWD. The CM's Project Manager and Resident Engineer shall: prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the contractor; coordinate subconsultant, testing, and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the CMWD of significant problems and discrepancies; interpret drawings, specifications and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify the contractor of test results; investigate claims; perform inspections; review the contractor's Record Drawings periodically and concurrently with contractor progress payments; and prepare project punch lists, etc. Task 3.8 Construction Inspection Services Provide full time inspection in addition to CMWD and City of San Marcos Inspection to ensure that the contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. The inspectors may not authorize extra work or approve of work that deviates from the contract documents. Coordinate disinfection of piping and connections to existing water systems with contractor, CMWD's Operations Department and Project Manager. Task 3.9 Corrosion Control and Cathodic Protection Services Provide inspection services during installation and start-up of corrosion control and cathodic protection systems including deep well anodes, corrosion monitoring test stations, and pipe coatings. Task 3.10 Progress Payments Prepare project-related invoices and progress payments. Submit all invoices to the CMWD with a recommendation stating the proper amount for payment. Use the Agreement between CMWD and City of San Marcos , Schedule of Values and actual quantities as a basis to prepare payment requests. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Page A-9 Task 3.11 Contractor's Claims and Change Orders Identify, prepare, log, and monitor all contractor or CMWD initiated claims, changes, extra work, and change orders. Negotiate all claims to an agreed contractor/consultant/CMWD conclusion. Submit change orders to the CMWD for approval. Prepare report providing statement of claim, extra work, or change; background leading to issue; resolution alternatives; and resolution recommendation for action by CMWD. Prepare written justification and cost estimates for each change order and negotiate costs with the contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain CMWD approval. Provide lead role and support to CMWD in resolving claims and disputes. This shall include: written responses to contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by contractor default. Task 4: Geotechnical Engineering and Material Testing Services Provide geotechnical engineering and materials testing services. Services shall include grading supervision, soils compaction testing, soils and materials laboratory testing, dewatering monitoring, etc. Provide a written report at the completion of the contract certifying that the geotechnical work complies with the contract documents. A Registered Professional Engineer and/or Registered Professional Geologist in the State of California, as appropriate, must sign and stamp the geotechnical reports. Review and process contractor submittals for pipe backfill materials, aggregate, grouting, and associated geotechnical and construction materials. Recommend appropriate changes for acceptance. Review excavation system protection plans for trench and structures submitted by the contractor, and provide recommendations regarding the contractor's application of the plans throughout construction operations. The Materials Testing shall include soil tests (compaction & R-Values) as necessary to verify the thickness of the proposed structural section for the road widening. Provide project documentation of material evaluations and placement inspections. Provide a final geotechnical report. August 4, 2005 EXHIBIT A - SCOPE OF WORK - TRANSMISSION MAIN REPLACEMENT AND STREET IMPROVEMENTS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PageA-10 Task 5: Project Closeout Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the CMWD and City of San Marcos. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests, two working days after final walk-through. Review and certify that the contractor's project record drawings are complete and accurate. Draft (ink on mylar) pertinent record drawing information onto the original project mylars and sign the record drawings within 60 working days following the filing of the Notice of Completion. -IfS re$ Sll 3 Simry jy o> LU* .r Q. t *|31 2* a -j ^ re UJ & J-1 o|| Ico Ills QQ QQ C 2 «o •-§l§§ °i!3° IeC O)O>asCL. %Oo ltantSi si Of- ,_ ^ I•eo <0in CQ*—i3:x BACKGROUND INFORMATION ONLY 1 . Check in the amount of $460,723.00 from the City of San Marcos. 2. June 28, 2005, City of San Marcos City Council approves construction agreement with CMWD (see attached). 3. July 12, 2005, CMWD approves construction agreement with City of San Marcos (see attached). 4. October 18, 2005, CMWD rejected the one bid received from Orion Construction for a total bid of $4,587,397. 5. Re-bid project making changes to increase quantities for the road improvement portion of the work and very few changes to the pipeline project. On December 7, 2005, we received five bids, the lowest bid from JF Creamer for a total bid of $4,348,237. City of San Marcos 1 Civic Center Drive San Marcos, CA 92069-2918 (760) 744-1050 UNION BANK of CAHFORNIA 689 S. Rancho Santa Fe Road 18-49-6/1220 San Marcos, CA 92069 VOID tPNOT CASHED WITHIN I CHECK DATE CHECK NO.CHECK AMOUNT 01/03/06 034456 ****460,723.00 PAY Four-Hundred-Sixty-Thousand Seven-Hundred Twenty-Three Dollars and No Cents : TOTHE CITY OF CARLSBAD OF 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 NCLUDES AN ORIG NAL WATERMARK - HOLD TO LIGHT TO VIEW. ORIGINAL DOCUMENT CONTAINS HEAT SENSITIVE INK-RUB RED IMAGE-DISAPPEARS WITH HEAT. VENDOR NO. 2116 VENDOR NAME CITY OF CARLSBAD 08/29/OE INVOICE NO. 082905 DESCRIPTION ACCOUNT NO. SM BLVD WIDENING & WATER TRANSMISSION PIPELINE REPLACEMENT PROJECT 401 942 00 90 600004-81 600004-81 460,723.OC 01/03/0 CHECK NUMBER 034456 CHECK AMOUNT 460,723.01 REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR. IF UNKNOWN. CALL 800-523-2422 M98SF007757M 3/05 RESOLUTION NO. 2005-6570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING THE COOPERATIVE AGREEMENT BETWEEN CITY OF SAN MARCOS AND CARLSBAD MUNICIPAL WATER DISTRICT FOR "SAN MARCOS BOULEVARD WATER MAIN AND STREET IMPROVEMENTS (ACACIA DRIVE TO RANCHO SANTA FE ROAD) (C.I.P. 274) WHEREAS, the City of San Marcos has identified the construction of street improvements on San Marcos Boulevard, between Acacia Drive and Rancho Santa Fe Road, in coordination with the Carlsbad Municipal Water District water main improvements in the same area, as being mutually beneficial to both agencies; and WHEREAS, the City has deemed it necessary to construct said water main and street improvements and to enter into a Cooperative Agreement with the Carlsbad Municipal Water District as to how the work will be paid and managed; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Marcos hereby approves said Cooperative Agreement and authorizes the City Manager to execute the Agreement. Said contract is on file with the City Clerk as Contract #3248. PASSED, APPROVED, and ADOPTED by the City Council of the City of San Marcos this 28th day of June, 2005, by the following roll call votes: AYES: COUNCILMEMBERS: DESMOND, HARRIS, MARTIN, PRESTON, SMITH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE F.H. "Corky" Smith ATTEST: - City of San Marco: Susie Vasquez, City of San Marc^s- 1 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL &> QUJ CC I QCC. CO AB# MTG. DEPT. 599 7/12/05 ENG TITLE: APPROVING AN AGREEMENT WITH CITY OF SAN MARCOS FOR CONSTRUCTION OF SAN MARCOS BOULEVARD WIDENING PROJECT, APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT. PROJECT NO. 3956 AND SAN MARCOS BOULEVARD WIDENING PROJECT; AND APPROPRIATION OF FUNDS DEPT. HD. /fir /&&CITYATTY.Cg^1' CITY MGR>§5_ RECOMMENDED ACTION: Adopt Resolution No. 1252 to approve and authorize the Board President to execute an agreement between the Carlsbad Municipal Water District and the City of San Marcos for construction of San Marcos Boulevard Widening Project and approving plans and specifications and authorizing the District Secretary to the Board to advertise for bids for the construction the San Marcos Boulevard Widening Project and the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and appropriation of funds. ITEM EXPLANATION: The existing San Marcos Boulevard Water Transmission Main is located in San Marcos Boulevard within the City of San Marcos. It consists of a 27-inch diameter steel cement mortar lined and coated potable water transmission pipeline. This pipeline was originally constructed in 1956 and has reached the end of its useful life. The pipeline to be replaced is approximately 4,000 feet long and extends from its connection to the Second San Diego Aqueduct at the southeast corner of the intersection of San Marcos Boulevard and Rancho Santa Fe Road to the intersection of San Marcos Boulevard and Avenida de las Rosas/Acacia Drive near the San Marcos/Carlsbad city line. The pipeline will be replaced in the same alignment corridor within San Marcos Boulevard right-of-way with a buried 30-inch diameter steel cement mortar lined and coated pipeline, which is required to meet master plan water supply. The project is part of the Water Distribution System Capital Improvement Program, Project No. 3956. The City of San Marcos has prepared plans and specifications to widen San Marcos Boulevard in the same reach as the San Marcos Boulevard Water Transmission Main. The San Marcos Boulevard Widening Project consists of widening San Marcos Boulevard from the Acacia Drive intersection easterly to Rancho Santa Fe Road to prime arterial standards. The work includes three through lanes in the eastbound direction, an exclusive right-turn lane, a bike lane, raised landscaped median, retaining walls, curbs, gutters, sidewalks, traffic signal modification, storm drain, and streetlights. In addition, improvements will be made to the intersection of Rancho Santa Fe Road with San Marcos Boulevard, including a new traffic signal system designed to current City of San Marcos standards for two northbound through lanes for Rancho Santa Fe Road, three eastbound through lanes for San Marcos Boulevard, two left-turn lanes from eastbound San Marcos Boulevard to northbound Rancho Santa Fe Road, and two left-turn lanes from northbound Rancho Santa Fe Road to westbound San Marcos Boulevard. There will also be a pavement overlay of San Marcos Boulevard from Rancho Santa Fe Road west within the project limits. The San Marcos Boulevard widening from Acacia Drive to Rancho Santa Fe Road is integral to the Circulation Element Plans for San Marcos, and the North County Region in general; this project will improve a vital link in the North County region's roadway network. The joint construction under one contract of San Marcos Boulevard Widening and the San Marcos Boulevard Transmission Main is desirable and in the best interest of CMWD and the City of San Marcos. An agreement has been prepared to provide for payment to Carlsbad Municipal Water District for the cost to construct and provide construction management and inspection for the roadway widening. City of San Marcos will provide payment within sixty days of the approval to advertise to receive bids for construction from CMWD Board of Directors, for 25% of the "Estimated Reimbursement Amount" for all work to be constructed associated with the San Marcos Boulevard Widening Project, with the exception of the costs associated with pavement overlay of one 12 foot Page 2 of Agenda Bill No. 599 wide traffic lane, which costs shall be provided by CMWD as detailed on Exhibit "C" of the agreement. City of San Marcos will make monthly progress payments for completed work within 30 days of receipt of invoices from CMWD. ENVIRONMENTAL REVIEW: The City of San Marcos is the lead agency for environmental review. A Mitigated Negative Declaration was prepared by the City of San Marcos in accordance with California Environmental Quality Act (CEQA) guidelines. The CMWD San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956 was included in the Mitigated Negative Declaration for the widening project. Since the project is located within the City of San Marcos, the City of Carlsbad does not have regulatory jurisdiction. FISCAL IMPACT: The engineer's estimated cost to construct the San Marcos Boulevard Water Transmission Main is shown in Table 1. TABLE 1 SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT, PROJECT NO.3956 Preliminary Design Final Design Construction Contract (Engineer's Estimate) Construction Contingencies (10%) Construction Management and Inspection (10%) Geotechnical and Material TestincL(2%) TOTAL PROJECT COST CURRENT APPROPRIATION ADDITIONAL APPROPRIATION REQUIRED $50,000 $103,083 $2,408,325 $240,833 $240,833 $48,167 $3,091,241 $3,001,000 $90,241 Total appropriations to date are $3,001,000, while total project costs including design and construction are estimated at $3,091,241 resulting in a shortfall of $90,241. The shortfall ($90,241) will be funded from the Water Replacement Fund. Staff is requesting an additional appropriation for the remaining amount ($90,241). The total cost of constructing the San Marcos Boulevard Widening Project is shown in Table 2. TABLE 2 SAN MARCOS BOULEVARD WIDENING PROJECT Construction Contract (Engineer's Estimate) Construction Contingencies (10%) Construction Management and Inspection (10%) Geotechnical and Material Testing (2%) TOTAL COST $1,510,567 $151,057 $151,057 $30,211 $1,842,892 The City of San Marcos has prepared plans and specifications for the project, which will be advertised in combination with the San Marcos Boulevard Water Transmission Pipe Replacement. The estimated reimbursement cost for the construction of the San Marcos Boulevard Widening Project is $1,842,892, and will be funded by the City of San Marcos. The agreement with the City of San Marcos provides for a payment in the amount of $460,723 to CMWD within sixty (60) days of the approval to advertise to receive bids for construction by the CMWD Board of Directors. City of San Marcos will make monthly progress payments for completed work. Funds received from the City of San Marcos will be used to increase project appropriations. Costs are subject to modifications based on actual contract bid prices. Page 3 of Agenda Bill No. S99 EXHIBITS: 1. Location Map. 2. Resolution No. 1252 to approve and authorize the Board President to execute an agreement between the Carlsbad Municipal Water District and the City of San Marcos for construction of San Marcos Boulevard Widening Project and approving plans and specifications and authorizing the District Secretary to the Board to advertise for bids for the construction to construction of a widening of a portion of San Marcos Boulevard and San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and appropriation of funds. 3. Agreement between the Carlsbad Municipal Water District and the City of San Marcos for construction of San Marcos Boulevard Widening Project. DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us LOCATION MAP NOT TO SCALE PACIFICOCCAM \\ \\ \\ SITE PROJECT NAME SAN MARCOS BOULEVARD WATER TRANMISSION PIPELINE REPLACEMENT PROJECT NUMBER 3956 EXHIBIT DfMHN ny- sr.njr FVAUI r.Am.<fUD FNGINfERING DfPT. 5/19/05 C:\CAPITAL\AHLES\3956.DWe 1 RESOLUTION NO. 1252 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 4 5 6 7 6 9 10 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AN AGREEMENT WITH CITY OF SAN MARCOS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF SAN MARCOS BOULEVARD WIDENING PROJECT AND SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT, PROJECT NO. 3956, AND APPROPRIATION OF FUNDS. WHEREAS, the CMWD proposes to replace the existing water transmission main in San Marcos Boulevard, referred to as San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956; and WHEREAS, the City of San Marcos proposes to widen and improve San Marcos Boulevard from the Acacia Drive intersection easterly to Rancho Santa Fe Road to major arterial 11 standards, which include three through lanes in the eastbound direction, an exclusive right-turn12 lane, a bike lane, raised landscaped median, retaining walls, curbs, gutters, sidewalks, traffic13 signal modification, storm drain, and streetlights, referred to as San Marcos Boulevard Widening14 Project; and 15 WHEREAS, the Parties desire to cooperate in the design and construction of the 16 San Marcos Boulevard widening and water transmission main projects (the "Project") within the 17 jurisdiction of the City of San Marcos; and 18 WHEREAS, the Parties acknowledge the importance of maintaining established minimum 19 level of service standards on the roads for the proper functioning of the local and regional 20 circulation network; and 21 WHEREAS, CMWD has an existing 27-inch diameter transmission main in San Marcos 22 Boulevard from Business Park Drive east to Rancho Santa Fe Road which has deteriorated 23 significantly and needs immediate replacement; and 24 WHEREAS, CMWD has designed a 30-inch diameter replacement transmission main in 25 San Marcos Boulevard referred to as" The San Marcos Boulevard Transmission Main"; and 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, the combination of the San Marcos Boulevard Widening and the San Marcos Boulevard Transmission Main, jointly referred to as the "Project", is desirable and in the best interest of CMWD and the City of San Marcos to jointly construct both projects under one joint project; and WHEREAS, the Parties desire to establish mutually agreed upon responsibilities for the funding, design, construction, and maintenance of the street improvements and the water transmission main; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it necessary, desirable, and in the public interest to enter into an agreement between CITY OF SAN MARCOS and the CMWD for construction of a widening of a portion of San Marcos Boulevard and San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956. 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. 2. In consideration of the above recitals, the Parties do hereby mutually and jointly agree to participate in the funding, design, construction, and maintenance of the Project. 3. That the President of the Carlsbad Municipal Water District is authorized and 18 directed to execute the agreement with the City of San Marcos for construction of San Marcos 19 Boulevard Widening Project and San Marcos Boulevard Water Transmission Main Replacement, Oft Project No. 3956, and approving plans and specifications. 21 4. That the District Secretary to the Board is authorized to advertise for bids 22 for the construction of a widening of a portion of San Marcos Boulevard and San Marcos 23 Boulevard Water Transmission Main Replacement, Project No. 3956. 24 5. That the Finance Director is authorized to appropriate $90,241 from the 25 Water Replacement Fund for the project. 26 27 28 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. That the Finance Director is authorized to appropriate funds received from the City of San Marcos to the project account. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 12th day of July , 2005 by the following vote, to wit: AYES: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT" None CLAUDE A. Lv ATTEST: JNETvTSWOOD/Secretary v^-x (SEAL) AGREEMENT BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF SAN MARCOS FOR THE CONSTRUCTION OF WIDENING A PORTION OF SAN MARCOS BOULEVARD AND SAN MARCOS BOULEVARD WATER TRANSMISSION MAIN THIS AGREEMENT, executed the /f' day of Cx./ _ 2005, is 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 ("CMWD"), and the CITY OF SAN MARCOS, a municipal corporation, ("San Marcos") (collectively the "Parties"). RECITALS WHEREAS, the Parties desire to cooperate in the design and construction of the San Marcos Boulevard widening and CMWD Water Transmission Main Projects (the "Project") within the jurisdiction of the City of San Marcos; and WHEREAS, San Marcos Boulevard widening from Acacia Drive to Rancho Santa Fe Road, is integral to the Circulation Element Plans for San Marcos, and the North County Region in general; and WHEREAS, the Parties acknowledge the importance of maintaining established minimum level of service standards on the roads for the proper functioning of the local and regional circulation network; and WHEREAS, CMWD has an existing 27-inch diameter transmission main in San Marcos Boulevard from Business Park Drive east to Rancho Santa Fe Road which has deteriorated significantly and needs immediate replacement; and WHEREAS, CMWD has designed a 30-inch diameter replacement transmission main in San Marcos Boulevard referred to as " The San Marcos Boulevard Transmission Main"; and 6/28/05 WHEREAS, the combination of the San Marcos Boulevard Widening and the San Marcos Boulevard Transmission Main jointly referred to as the "Project" is desirable and in the best interest of CMWD and the City of San Marcos to jointly construct both projects under one joint project; and WHEREAS, the Parties desire to establish mutually agreed upon responsibilities for the funding, design, construction, and maintenance of the street improvements and the water transmission main; and NOW, THEREFORE, in consideration of the above recitals, the Parties do hereby mutually and jointly agree to participate in the funding, design, construction, and maintenance of the Project as follows: I. SAN MARCOS BOULEVARD WIDENING PROJECT A. PROJECT DESCRIPTION 1. The City of San Marcos Boulevard Widening Project ("San Marcos Boulevard Street Improvements") referenced in this section is shown on Exhibit "A" attached hereto and incorporated herein by reference and is more particularly described as follows: a. The widening and improvement of San Marcos Boulevard (SMB) from the Acacia Drive intersection easterly to Rancho Santa Fe Road (RSF) to modified prime arterial standards, which include three through lanes in the eastbound direction, an exclusive right turn lane, a bike lane, raised landscaped median, retaining walls, curbs, gutters, sidewalks, traffic signal modification, storm drain, and streetlights. b. The construction of modifications to the intersection of Rancho Santa Fe Road with San Marcos Boulevard, which includes modifications to the traffic signal system to current City of San Marcos design standards, removal of the raised island at the southwest corner, two northbound through lanes for Rancho Santa Fe Road, three eastbound through lanes for San Marcos Boulevard, two left turn lanes from eastbound San Marcos 6/28/05 Boulevard to northbound Rancho Santa Fe Road, and two left turn lanes from northbound Rancho Santa Fe Road to westbound San Marcos Boulevard. c. The overlay of the San Marcos Boulevard and Rancho Santa Fe Road intersection and all of eastbound San Marcos Boulevard within the project limits. d. All environmental mitigation measures and permits, utility, earthwork, and drainage improvements necessary to construct the aforementioned improvements. B. SAN MARCOS AGREES: 1. To act as the lead agency for the preparation of plans and specifications and acquire all right of way, and permits for the San Marcos Boulevard Widening Project, described in Section LA. above, and CEQA compliance for the San Marcos Boulevard Widening Project and the CMWD Water Transmission Main Project, prior to construction. 2. To provide CMWD the opportunity to review the plans and specifications, for the San Marcos Boulevard Widening Project on an ongoing basis as they may pertain to CMWD. 3. To have a representative from the City of San Marcos on the selection panel and assist in the selection of a mutually acceptable construction management company to provide construction management and inspection services. 4. To operate and maintain all traffic signals on San Marcos Boulevard upon completion of construction of the San Marcos Boulevard Widening Project. 5. CMWD shall conduct the bidding process and shall contract for the construction of the San Marcos Boulevard Widening Project and San Marcos Boulevard Transmission Main (the "Construction Contract") in accordance with CMWD's policies and applicable law. CMWD's purchasing policies shall apply to implementation and performance of the Construction Contract, and any other activity under this agreement. 6/28/05 6. CMWD shall have sole authority to approve individual construction change orders up to $10,000 for San Marcos Boulevard Widening project. CMWD shall obtain concurrence from City of San Marcos' Director of Public Works prior to approval of Change Orders exceeding $10,000 up to the limits defined in Section I.B.7. Change order costs will be shared by the Parties in proportion to their ownership defined herein to the extent that the change order is necessary and beneficial for both Parties. 7. City of San Marcos shall be responsible for all costs for the design and construction of the San Marcos Boulevard Widening Project with the exception of the 2-inch thick roadway pavement overlay, defined as 600 Tons of asphalt, associated with a 12 foot wide traffic lane, which costs shall be provided by CMWD as shown in Exhibit "C". City of San Marcos and shall provide payment to CMWD within sixty (60) days of the approval to advertise to receive bids for construction from CMWD Board of Directors, for 25% of the "Estimated Reimbursement Amount" for all work to be constructed associated with San Marcos Boulevard Widening Project as detailed on Exhibit "C", attached hereto and incorporated herein by reference and shall make monthly progress payments for completed work within 30 days of receipt of invoice from CMWD. The parties agree that the spreadsheet attached hereto as Exhibit "C" is a fair allocation of the costs under such contract as among categories. Costs shown in Exhibit "C" are subject to modifications through the award of contract or change orders. The Final Reimbursable Cost includes the cost of all work performed for the San Marcos Boulevard Widening Project, with the exception of the pavement overlay associated with a 12-foot wide lane described above, and all approved change orders, either lump sum or time and materials, plus an allowance for construction management, material testing, surveying, and inspection, as described in Exhibit "C". Change orders approved by CMWD and/or its Construction Manager for the San Marcos Boulevard Widening Project shall not exceed a cumulative value of 10 percent of the original contract price for San Marcos Boulevard Widening Project work unless approved by the San Marcos Public Works Director. Allowance amounts 6/28/05 as set forth on Exhibit "C" shall not be exceeded unless approved by the San Marcos City Public Works Director. 8. Review final accounting and make payment to CMWD within thirty (30) days of final reimbursement request. C. CMWD AGREES: 1. To review and approve the plans and specifications as they relate to CMWD. 2. To assist San Marcos in obtaining any permits needed from City of Carlsbad and/or CMWD. 3. To pay for the cost of 2-inch thick roadway pavement overlay, defined as 600 Tons of asphalt, associated with a 12 foot wide traffic lane in addition to the trench restoration detail shown on the Water Transmission Main Drawings, which costs shall be provided by CMWD as shown in Exhibit "C"; excluding base and pavement sections for the new traffic lane and median work along within San Marcos Boulevard from Acacia to Rancho Santa Fe Road and the intersection of San Marcos Boulevard with Rancho Santa Fe Road as shown on the San Marcos Boulevard Widening plans. 4. To combine and receive bids for construction of the San Marcos Boulevard Transmission Main and the San Marcos Boulevard Widening projects as one project. 5. To provide construction management, material testing, surveying, and inspection services for the road improvements. 6. To track all costs for construction, including change orders, construction management, and inspection, and to issue monthly reports to each agency. 7. Prepare final accounting, and submit final reimbursement request within thirty (30) days of Notice of Completion. 6/28/05 II. SAN MARCOS BOULEVARD WATER TRANSMISSION MAIN A. PROJECT DESCRIPTION 1. The CMWD Water Transmission Main Project referenced in this section is shown on Exhibit "B" attached hereto and incorporated herein by reference and is more particularly described as follows: a. Construction of a 30-inch diameter cement mortar lined and coated welded steel potable water transmission main, valves, and appurtenances, and connection to the San Diego County Water Authority Aqueduct No. 3 east of the intersection of San Marcos Boulevard and Rancho Santa Fe Road, installation of permanent traffic signal video detection systems to City of San Marcos design standards at the intersections of Viewpoint Drive and Acacia Drive with San Marcos Boulevard, and reconstruction of an eastbound travel lane of San Marcos Boulevard from the westerly construction limits of the San Marcos Boulevard Water Transmission Main to the east side of Rancho Santa Fe Road including restoration of pavement markings and striping as deemed necessary by the City of San Marcos Public Works Director, and taking the existing 27-inch waterline in San Marcos Boulevard out of service and protecting in place for use as a future recycled waterline. CMWD agrees to backfill the existing 27-inch pipeline with sand or slurry if improvements are not started to convert the pipeline to recycled water within seven years of the date of this agreement. B. CMWD AGREES 1. To act as the lead agency for the preparation of plans and specifications and acquire all right of way permits for the San Marcos Boulevard Water Transmission Main. 2. To provide San Marcos the opportunity to review the plans and specifications on an ongoing basis as they may pertain to San Marcos. 3. CMWD shall be responsible for all costs for the design and construction of plans and specifications for the San Marcos Boulevard Water Transmission Main Project. To act as the lead agency for bidding the Project, construction administration and inspection, and 6/28/05 construction of the project, to act as the lead agency to ensure completion of the Project in accordance with the approved plans and specifications, and to obtain all necessary permits. 4. To construct and complete the improvements for the San Marcos Boulevard Water Transmission Main included on the San Marcos Boulevard Water Transmission Main Project drawings and pay for procurement and installation of permanent traffic signal video detection systems designed to City of San Marcos design standards at the intersections of San Marcos Boulevard with Acacia Drive and at San Marcos Boulevard with Viewpoint Drive, and to pay for the cost of reconstruction pipeline trench detail as shown on the Pipeline Improvement plans. C. SAN MARCOS AGREES: 1. To review and approve the plans and specifications as they relate to San Marcos. 2. To assist CMWD in obtaining any permits needed from San Marcos. 3. To waive all claims toward CMWD and to release CMWD from all liability for damages that occur due to Construction Contract work stoppages or delays beyond the control of CMWD, including but not limited to Acts of God, act of a public enemy, acts of a government agency other than CMWD, acts of San Marcos, acts of a contractor in the performance of a contract with San Marcos, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, weather, or delays of subcontractors due to such causes, or delays caused by failure of San Marcos. III. PROJECT TEAM AND REVIEW The Executive Manager of CMWD shall designate a Project Manager and the City of San Marcos shall designate a Primary Contact to coordinate the activities set forth in this Agreement. The Executive Manager of CMWD may replace or remove the Project Manager representing CMWD at his discretion. The Project Manager for CMWD shall be Mr. David 6/28/05 Ahles. The Primary Contact for the City of San Marcos shall be Mr Mike Mercereau, Public Works Director. IV. PROJECT TIMING San Marcos will have plans and specifications complete for the San Marcos Road Widening Project, including all permits, by August 1, 2005. In the event that this date is not met, the City of San Marcos hereby agrees that the remainder of this Agreement shall not be in effect and CMWD will be permitted to construct the San Marcos Transmission Main Pipeline as described in Section II. A.1. and installation of a permanent traffic signal video detection system at the intersection of Rancho Santa Fe Road as a stand alone project anytime after August 1,2005. V. LOCAL FUNDING The Parties agree that no Federal funds will be used to assist in the construction of the Project. VI. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under Section I of this Agreement, ownership and title to the street improvements installed within San Marcos right-of-way will automatically be vested in and maintained by San Marcos B. TRAFFIC SIGNAL IMPROVEMENTS Upon completion of all work under Section I of this Agreement, ownership and title to the traffic signal improvements installed within San Marcos right-of-way will automatically be owned, maintained, and administered by San Marcos. C. WATER MAIN IMPROVEMENTS Upon completion of all work under Section II of this Agreement, ownership and title to water main improvements installed within San Marcos right-of-way will automatically be vested in and maintained by CMWD. 6/28/05 VII. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CMWD and San Marcos agree that each will assume the full liability imposed upon it or any of its officers, agents, or employees for injury by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify and hold harmless the other party for any loss, or expense that may be imposed upon such other party by virtue of Section 895.4 and 895.6 of the Government Code. The indemnity provisions are not limited in any way by the extent of any policy of insurance currently in force and held by either party. All construction contracts for any project which spans the jurisdictional boundary between CMWD and San Marcos shall include indemnity provisions and insurance provisions, whereby the contractor indemnifies both CMWD and San Marcos and adds both agencies as additional insured on its insurance Policy. VIII. NOTIFICATIONS Unless otherwise specifically provided for in this Agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery, by facsimile delivery, if receipt within business hours is confirmed and if not on the following business day, or as of the second business day after mailing by the United States mail, return receipt requested, postage prepaid and addressed as follows: If to CMWD: Public Works Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 If to San Marcos: Public Works Director City of San Marcos 201 Mata Way San Marcos, CA 92069-2918 Fax (760) 752-7578 6/28/05 Ml- IX. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. X. COUNTERPARTS This Agreement may be executed by CMWD and San Marcos, in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall constitute one and the same instrument. XI. CHOICE OF LAW This Agreement shall be governed by the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch. XII. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of this Agreement shall be held to be unlawful, Invalid, or unenforceable, it is hereby agreed by CMWD and San Marcos that the remainder of this Agreement shall not be affected thereby. XIII. HEADINGS The headings of articles and paragraphs of this Agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this Agreement shall be drawn therefrom. 6/28/05 XIV. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, this Agreement is executed by the CARLSBAD MUNICIPAL WATER DISTRICT and by the CITY OF SAN MARCOS pursuant to action taken by their respective Board and City Council. CITY OF SAN Corpoj )S, a municipal R.W. Gffiings, Ony Maniger t i fL/_v Date: G? / ^W o ^ ATTEST: Helen Holmes Peak, City Attorney CARLSBAD MUNICIPAL WATERJDISTRICT, a Publc/genc\L organizeer u^der the Act of/iOM^ and a M MCr* APPROVED AS TO FORM: Ronald R. Ball, General Cojunsel By:_ 6/28/05 LOCATION MAP NOT TO SCALE FACTO OCEAN VICINITY MAP NOT TOSCAU PROJECT NAME SAN MARCOS BOULEVARD WIDENING PROJECT EXHIBIT A DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING 0£PT. 5/19/05 & \CAMTAL\W£S\3956.DWG LOCATION MAP NOT TO SCALE Cm OF OCCAHSKX PACIFICOCEAN SITE PROJECT NAME SAN MARCOS BOULEVARD WATER TRANMISSION PIPELINE REPLACEMENT PROJECT NUMBER 3956 EXHIBIT S DKAHN BY: SCOTT EVANS, CARLSBAD £NONEERINC D£P7. 5/I9/J5 a-\C4RML\/4HtfS\3956.DI»C EXHIBIT "C" TO THE AGREEMENT CONSTRUCTION PHASE COST ALLOCATION Engineer's Estimate 6/28/05 Item No. A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A- 10 A-11 A-12 A- 13 A- 14 A- 1S A-16 A-17 A- 18 A -19 A -20 A -21 A- 22 A-23 A-24 A-2S A -26 A- 27 A -28 A -29 A-30 A -31 A -32 A-33 A-34 A-35 A-36 A- 37 A-38 A -39 A-40 A-41 A-42 A -43 A-44 A-45 A -46 A-47 A -48 A -49 A -SO A-51 1 Description I 8MB Widening Project Mobilization at a Lump Sum Amount Not to Exceed $60,000 Clearing and Grubbing included Removal of Exist. Retaining Wall Unclassified Excavation Relocate Exist. Traffic Sign Place Roadway Paver Block Place Sidewalk Paver Block 4' Vinyl Coated Chain Link Fence per SDRSD M-6 Remove Inlet Remove and Relocate Pull Box Adjust to Grade Pull Box Remove and replace sidewalk Full Depth AC & Base remove and replace Adjust Manhole lo Grade Modify Storm Drain Cleanout Cold Mill AC Pavement Aggregate Base Asphalt Concrete Pavement (Type B) 18" RCP (D-1350) 24" RCP (D-1350) 18" Pipe Collar per CSSO OS-5 Convert Exist. Drainage Box to Storm Drain Cleanout Type A4 per SDRSD D-9 Curb Inlet Type B-1 per SDRSD D-2 <L»18'( Curb Inlet Type A-1 per SDRSD D-1 <L=18') Curb Inlet Type A-1 per SDRSD D-2 <L=21') Curb Outlet Type A per SDRSD D-25 Type G Curb and Gutter per SDRSD G-2 Crass Gutter per SDRSD G-12 Included Curb and Gutter and Sidewalk on Curb Return Type B1 Curb per SDRSD 0-6 PCC Sidewalk (4" Thick) per SDRSD G-7 PCC Alley-Type Driveway per CSSD GS-20 Curb Ramp per Caltrans RSP ABBA Sawcut Sidewalk Planting Grate Concrete Retaining Wall Concrete Retaining Wall Architectural Treatment (Vista Dry Sack) Signal Modification (San Marcos Boulevard/Viewpoint Drive Intersection) Signal Modification (San Marcos Boulevard/Rancho Santa Fe Road Intersection) Signal Modification (San Marcos Boulevard/Acacia) Final Striping Traffic Control Stamped Paving Irrigation System Irrigation Repair-Off Site Irrigation Controller Irrigation P.O.C. 24" Box Trees 5 Gallon Shrubs Bark Mulch Soil Prep 90 Day Maintenance Water Pollution Control Subtotal UNIT I 1 1 188 4 260 422 163 3 4 2 569 1,025 2 1 230.088 430 3,579 10 9 1 2 1 1 1 1 1.952 1 3,208 2,706 1 4 5,062 9 1 300 1 1 1 1 1 9,812 10,290 1 1 1 27 808 10,290 10.290 10,290 1 QTY LS LS CY EA SF SF LF EA EA EA SF SF EA EA SF CY TON LF LF LF EA EA EA EA EA LF LS LF SF EA EA LF EA LS SF LS LS LS LS LS SF SF LS EA EA EA EA SF SF SF LS 1 S * J $ $ $ $ S S S $$ $ $ $ $ $ S JJ $ $$ *S$ $ $ $ $$ $$$ $$ $ UNIT COST 60.000.00 80.000.00 20.00 180.00 40.00 35.00 $35.00 $3.000.00 700.00 500.00 20.00 20.00 800.00 3,000.00 1.00 30.00 75.00 120.00 190.00 2,000.00 5,500.00 6.500.00 6,500.00 7,800.00 3,200.00 40.00 12.000.00 30.00 10.00 4,000.00 2,800.00 6.00 800.00 90,000.00 35.00 50,000.00 80,000.00 30.000.00 8,000.00 50,000.00 13.00 1.10 3.000.00 2,400.00 3.500.00 235.00 15.00 0.15 0.12 0.10 25,000.00 $ $ » S S$$ $$$$$ $$»$$ $$ *$ $ $ $ $ $ $ $$ $ $$$$$ $ $ $ $$$$$ S$$$$$$$ $ TOTAL COST 60,000.00 80,000.00 3,760.00 720.00 10,400.00 14,770.00 5,705.00 9,000.00 2.800.00 1,000.00 11,380.00 20.500.00 1,600.00 3.000.00 230.083.00 12.900.00 268,425.00 1,200.00 1,620.00 2,000.00 1 1,000.00 6.500.00 6,500.00 7,800.00 3.200.00 78.080.00 12.000.00 96,240.00 27,060.00 4.000.00 11,200.00 30,372.00 7,200.00 90,000.00 10,500.00 50,000.00 80,000.00 30,000.00 8,000.00 50,000.00 127,556.00 11,319.00 3,000.00 2,400.00 3,500.00 6,345.00 12,120.00 1,543.50 1,234.80 1,029.00 25,000.00 1,555,587.30 City of San Marcos %/Unlt I 1 1 1 1 1 1 1 230,088 1 2,979 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ t $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cost 60,000.00 80.000.00 3,760.00 720.00 10.400.00 14,770.00 5.705.00 9,000.00 2,800.00 1,000.00 11,380.00 20.500.00 1,600.00 3,000.00 230,088.00 12.900.00 223,425.00 1,200.00 1,620.00 2,000.00 11,000.00 6,500.00 6.500.00 7.800.00 3.200.00 78,080.00 12,000.00 96,240.00 27,060.00 4,000.00 11,200.00 30,372.00 7.200.00 90,000.00 10,500.00 50,000.00 80,000.00 30,000.00 8,000.00 50,000.00 127,556.00 11,319.00 3,000.00 2,400.00 3,500.00 6,345.00 12.120.00 1,543.50 1,234.80 1 ,029.00 25,000.00 1,610,587.30 CMWD %/Unlt | Cost 600 $ 45,000.00 $ 45,000.00 8MB Water Transmission Main B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-S B-9 B-10 B-11 B-12 B-1 3 B-14 B-15 B-16 B-17 Mobilization, demobilization, 1 LS providing project sign, Perform Exploratory Excavations 1 LS for underground utilities Construct 30-inch diameter CML 3920 LF tape wrapped and mortar coated steel pipe transmission main Provide all necessary and 1 LS required traffic control to perform construction in Bid Construct the connection to the 1 LS existing 30-inch diameter Construct the connection to the 1 LS existing 21-inch diameter Furnish and construct a 2-inch air 4 EA release and vacuum relief valve Furnish and construct a 4-inch air 2 EA release and vacuum relief valve Furnish and construct a 6-inch 4 EA blow-off assembly per Carlsbad Furnish and install 30-inch 2 EA butterfly valve per Carlsbad Furnish and install cathodic 1 LS protection for 30-inch CML tape Provide permanent video traffic 2 EA signal devices Construction Schedule 1 LS Provide and prepare drawings for 1 LS SWPPP and BMP permits. Provide excavation safety 1 LS measures including sheeting. Backfill 21 -inch pipeline with sand 1465 LF slurry Trench Restoration per Typical 3920 LF Trench Section shown on Sheet 10 of 20 Subtotal Allocation of Costa aa Percentage Contingency INDIRECT COSTS Construction Management, Inspection Material Testing Grand Total City of San Marco* Grand Total (Reimbursement) CMWD Grand Total $ 100,000.00 $ $ 30,000.00 $ $ 380.00 t $ 115,000.00 $ $ 36,800.00 $ $ 47,500.00 $ $ 6.750.00 S S 8,500.00 $ $ 14,950.00 $ $ 15,500.00 J $ 32,000.00 $ $ 30,000.00 $ $ 20,000.00 $ $ 15,000.00 $ $ 50,000.00 $ $ 25.00 $ $ 50.00 S $ $ 10% 10% 2% $ 100,000.00 30,000.00 1.469,500.00 115,000.00 36,800.00 47,500.00 27.000.00 17,000.00 59,800.00 31,000.00 32,000.00 60,000.00 20.000.00 15,000.00 50,000.00 36,625.00 196.000.00 2,363,325.00 3,918,892.30 391,889 391,889 78,378 4,781,049 City of San Marco* 38.55% $ 1,510,567.30 151,057 151,057 30,211 $1,842,892 CMWD 1 S 100,000.00 1 $ 30.000.00 1 S 1,489,600.00 1 $ 115,000.00 1 $ 35,800.00 1 $ 47,500.00 1 S 27,000.00 1 S 17,000.00 1 $ 59,800.00 1 $ 31,000.00 1 $ 32,000.00 1 $ 60,000.00 1 $ 20,000.00 1 S 15,000.00 1 $ 50,000.00 1 $ 36,625.00 1 $ 196,000.00 $ 2,383,325.00 61.45% $ 2,408,325.00 240,833 240,833 48,1 S7 $2,938,157