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HomeMy WebLinkAbout2013-01-29; Municipal Water District; 765; Agreement with HDR Improvements Project No 5007AB# MTG. DEPT. CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA 765 1/29/2013 UTIL APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR CATHODIC PROTECTION PROGRAM IMPROVEMENTS, PROJECT NO. 5007 DEPT. DIRE CITY ATTORNEY CITY MANAGER 14 RECOMMENDED ACTION: Adopt Resolution No. 1464 approving a Professional Services Agreement with HDR Engineering, Inc. for Cathodic Protection Program Improvements, Project No. 5007. ITEM EXPLANATION: In May 2006, the Carlsbad Municipal Water District (CMWD) prepared a report titled "Cathodic Protection Research, Inspection and Testing Report". This report developed a corrosion and cathodic protection plan for domestic water and recycled water pipelines based on records search of construction drawings and testing and evaluation of installed cathodic protection systems. The report provided recommended improvements on various pipelines which consist of approximately 7.3 miles of ductile iron pipe and 8.4 miles of cement mortar lined and coated steel pipe. This project will review the 2006 study and provide for the implementation of those recommendations. The scope of work includes reviewing existing documentation, preparing construction drawings, providing bidding assistance and providing construction inspection. CMWD issued a Request for Proposals to three qualified engineering firms with experience in design of cathodic protection improvements of water pipelines, and construction management and inspection. Proposals were received from two firms. The proposals were evaluated by a committee of Engineering Division staff in accordance with the procedures listed in Carlsbad Municipal Code Section 3.28.060. Based on the ranking ofthe proposals by the staff selection committee, staff is recommending that the Board of Directors execute a professional services agreement with HDR Engineering, Inc. to provide the engineering services requested for the Cathodic Protection Program Improvements, Project No. 5007. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, approving a professional services agreement does not qualify as a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: The Cathodic Protection Program Improvements, Project No. 5007 has an estimated total project cost of $1,246,700. As shown in Table 1 the current project appropriation is $1,246,700 from the Water Replacement Fund. DEPARTMENT CONTACT: David Ahles 760-602-2748 david.ahles(a)carlsbadca.qov FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The total cost for HDR to provide the professional engineering services specified is a total cost of $184,400. Therefore, sufficient funds are available forthe professional services agreement. TABLE 1 - SUMMARY OF PROJECT NO. 5007 EXPENSES TASK DESCRIPTION APPROPRIATED TO DATE EXPENDITURES/ ENCUMBRANCES TO DATE REMAINING BALANCES Studies & Reports, Environmental Review, Design, Property Acquisition, and Construction $1,246,700 $6,660 $1,240,040 ADDITIONAL APPROPRIATION REQUIRED None EXHIBITS: 1. Resolution tu. 1464 _ a Resolution of the Board of Directors of the Cartsbad Municipal Water DiolriCv (CivlVVD), Approving a Professional Engineenng Services Agreement with HDR Engineenng, Inc. for Cathodic Protection Program Improvements, Project No. 5007. 2. Professional Engineenng Services Agreement with HDR Engineering, Inc. for Cathodic Protection Program Improvements, Project No. 5007. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1464 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR CATHODIC PROTECTION PROGRAM IMPROVEMENTS. PROJECT NO. 5007. WHEREAS, the Board has determined it is necessary and in the public interest to enter into an agreement with HDR Engineenng, Inc. to provide preliminary and final design, and construction management and inspection services for Cathodic Protection Program Improvements, Project No. 5007; and WHEREAS, Engineenng Division staff solicited proposals from three qualified engineenng firms consistent with Cartsbad Municipal Code Section 3.28.070; and WHEREAS, staff received proposals from two engineering firms, and reviewed and rated the proposal; and WHEREAS, subsequent to a review of the proposals, staff recommends HDR Engineering, Inc. as the consultant providing the best value for the project; and WHEREAS, staff and HDR Engineering, Inc. have negotiated fees in the sum of $184,400 to provide engineering services described in this professional services agreement; and WHEREAS, funds has been appropriated in the 2012-2013 Capital Improvement Program from the Water Replacement Fund; and WHEREAS, funds in the Water Connection Fund are sufficient for the project. NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board of Directors of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct and incorporated herein. 2. That the President of the Board is hereby authorized and directed to execute the Professional services agreement with HDR Engineering, Inc. to provide engineering services forthe Cathodic Protection Program Improvements, Project No. 5007. /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Cartsbad on the 29*^ day of January 2013, by the following vote to wit: AYES: Board Members Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ABSENT: None. ATTEST: tant Secretary (SEAL) UTIL971 AGREEMENT FOR CATHODIC PROTECTION ENGINEERING SERVICES (HDR ENGINEERING INC.) THIS AGREEMENT is made and entered into as of the c>c T day of , 2013, by and between the CARLSBAD MUNICIPAL WATER DISTWICT, a Public(jf\gency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Cartsbad, ("CMWD"), and HDR ENGINEERING INC., a Nebraska corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a professional engineer that is experienced in cathodic protection. B. Contractor has the necessary experience in providing professional services and advice related to cathodic. 0. 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. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year penod or parts thereof. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed durtng the initial Agreement term will be one hundred eighty four thousand four hundred dollars ($184,400). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the rtght to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". General Counsel Approved Version 2/17/12 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 Cartsbad 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 prtor written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 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 reasonable attorneys fees arising out of the performance of the work described herein to the extent caused by any negligence, recklessness, or willful misconduct 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, reasonable 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 earty 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 artse 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-:VH", OR General Counsel Approved Version 2/17/12 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability CMWD's Initials Contractor's Initials Insurance requirement is waived. 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 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 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 General Counsel Approved Version 2/17/12 maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS UCENSE Contractor will obtain and maintain a City of Cartsbad 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 clearty identifiable. Contractor will allow a representative of CMWD dunng normal business hours to examine, audit, and make transcrtpts 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 pertod 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 Name Title Phone David Ahles Senior Engineer Carisbad Municipal Water District Address 1635 Faraday Avenue Carisbad, CA 92008 760-602-2748 For Contractor Name Title Address Phone E-mail Steven Fox PE Vice President 431 W. Baseline Rd Claremont, CA91711 909-626-0967 Steven.fox@hdrinc.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 2/17/12 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 othenA/ise 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 fonA/arded 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. 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 General Counsel Approved Version 2/17/12 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 othenA/ise 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 seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a rtght 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. 26. 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 2/17/12 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 HDR ENGINEERING INC., a Nebraska corporation (^n here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad ATTEST: (sign here) (print name/title) 0 2:co If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel Bv: '^Q.-Sj^'^^^^ Assistant General CoiSlnsel PATRICIA «i. PITTIIAN ( COMM. #1915183 z Notary Public • California g 4 N^M^iwJ^ San Diego County - ] ^f^!^^^ My Comm. Expires Dec. 4.2014 ^ General Counsel Approved Version 2/17/12 ACKNOWLEDGMENT state of Califon/iia / /7 y, County of /7ym^ CZ^4l^/\jL^ \ On before me, ftfjtiC^q K\A^\\\m/Lf\ (insert name and title ofthe officer) personally appeared v^^"t^lJ^/A ?v - ^ who proved to me on the basis of satisfactory evidence to be the persoa(8)^hose name(s)j|/€ffe^ subscribed to the within instrument and acknowledged to me that(^sb©/tb«y executed the same in ^/hef/theti-authorized capacity,(ies}, and that by^bef/theiFsignature(s)f on the instrument the persor)^, or the entity upon behalf of which the personj;8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tAA,TM.-oo u ^ w «• • . . WTRICIAli.PITfliAN ( WITNESS my hand and official seal. COMM. #1915183 z Notary Public • California g San Diego County My ComtTi. Exp^es Dec. 4^20141 Signature ^M^Z^ J^;^'^^^^^^ 1 Seal) Page J , of J Description of Document City of Carlsbad Acknowledgement State of Nebraska ) S.S. County of Douglas ) The foregoing instrument was acknowledged before me this 17th day of January , 2013 (month) by Louis J. Pachman , Secretary (printed name of officer or agent) (printed title of officer or agent) of HDR Engineering, Inc. (printed name of Corporation acknowledging) a Nebraska corporation, on behalf of the corporation. (print state or place of incorporation) GENERAL NOTARY - State of Nebraska BONNIE J. KUDRON Corm Exp. Dec. 20.2016 t Affix Official Notary seal here T Signature of Nota^f Public EXHIBIT A KK I ^ SCHIFF 4^'ik?'co.r. X j^x I ^ CARLSBAD December 5,2012 City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 Attention: David P. Ahles, P.E. Senior Civil Engineer RE: Revised Proposal to Provide Engineering Services for Cathodic Protection Program Improvements, Project No. 5007 (HDR|Schifif PI2-0870) Dear Mr. Ahles, On October 12, 2012, HDR Engineering, Inc. (hereinafter referred to as HDR|Schiff) submitted our proposal for the Cathodic Protection Program Improvements, Project No. 5007, for the City of Carlsbad (City). Based upon a followup meeting with yourself and Mr. Plummer on November 28, 2012, HDR|Schiff was requested to submit a revised Scope of Work for Appendix A along with a revise fee estimate for the project. These items would be to supplemental to our proposal and clarify what we had discussed during this meeting. The following pages outline the scope of work HDR|Schifif proposes to provide the City of Carlsbad with respect to the above mentioned project. It is our understanding that this contract will be billed on a time and materials bases, with a not to exceed contract amount, without written authorization from the City of Carlsbad. Please note that following our November 28, 2012 meeting, HDR|Schiflf management made the decision to reduce to 2013 hourly fee schedule, therefore reducing costs to the City. Thank you for your consideration and the trust you have shown in HDRjSchiff thus far. We look forward to your favorable review of our scope of work and fee estimate. Sincerely, 5ven rox. Vice President KRI0SCHIFF «t . . A I ^•'^•"i '^CARLSBAD C A t 1 f O K N ! A Scope of Work for Appendix A HDRjSchifTs scope of work will include: 1. Review Existing Documentation - Material prepared for the 2005 corrosion project. This will include a review and comment on the Cathodic Protection Research, Inspection and Testing Report, dated May 2006, noting discrepancies or conclusions, specifically the soil corrosivity data, historical test station data, and construction estimates. Also, a review of the Cathodic Protection System Operation and Maintenance Manual, dated May 2006, will be performed and updated to further reflect the corrosion philosophy of the City. This will also include time to meet with City personnel and ascertain the level of documentation, their whereabouts, and the best way to gather pertinent information. 2. Collect and Review any Pertinent Existing Documents - It is HDR|SchifiF's understanding that the City has a good GIS database on the piping and testing stations contained in this RFP. HDR|Schiff understands that record drawings are available online and has already attempted trial access with success. HDRjSchiff personnel will meet with City personnel in order to come up with the best plan in gather any other information not readily accessible as well as have City Mangers assist in prioritizing this information and the pipelines contained in this RFP as to their importance and consequence of failure. Documents would include, but not be limited to, pipeline drawings, specification, lay sheets, inspection records, leak history, and any photos. 3. Field Work to Verify Piping Conditions and Assumptions - HDRjSchiff personnel will conduct field tests to determine if what was recorded in the as-built drawings and specifications is what actually exists in the filed. The primary item which needs to be verified is electrical continuity of the pipelines. For a cathodic protection system to function properly, electrical continuity of the pipeline alignment is paramount. We would also be verifying test station condition, electrical isolation, and accessibility. The field work data will be tabulated using Microsoft Excel or appended to the City's existing GIS database. 4. Prepare a Technical Memorandum - HDRjSchiff will prepare a technical memorandum outlining our findings and results fi'om our records search, meetings with City personnel, and field verification of existing piping conditions such as electrical continuity. This memorandum would also outline the work plan to complete the scope outlined in the RFP. The technical memorandum will be Basis of Design for this project and represent the 30% milestone. The technical memorandum will be submitted in both hardcopy (5 copies) and electronic copy (PDF and with tabulated data in excel or GIS) for review and comment. After HDRjSchiff receives review comments, the technical memorandum will be finalized distributed as before. 5. Prepare Improvement Plans and Technical Specifications - With the assistance of City personnel HDRjSchiff personnel will prepare improvement drawings (5 copies) for the installation of the new cathodic protection systems for the City's review. HDRjSchiff personnel will also prepare technical specifications (5 copies) for the installation of the new cathodic protection systems, which will be inserted into the City standard boilerplate agreement. QA/QC will be performed by senior personnel not directly involved in the project but who will provide an independent review of the field investigations, technical memorandum, plan KRl 0 SCHIFF ^ C O AJ-^\| ^^^imi 's^ CARLSBAD reviews, specifications, and cost estimates before submittal. The QA/QC process will aid in the reduction of contractor requests for information and change order submittals. The technical specifications will be prepared using the Construction Specification Institute (CSI) format. Five copies of the 90% design package will be provided to the City for review and comment and resubmitted as the 100% design package. Any additional comments will be addressed and and final drawings and specifications shall be issued for inclusion into the final bid package. The City will be responsible for the final bid document. In addition, an engineering estimate representative of current probable construction costs will be provided. Electronic copies of the drawings (CAD) and the technical specifications will be delivered to the City. 6. Provide Bidding Assistance - HDRjSchiff understands that the City will be responsible for all costs to prepare and assemble the final bid documents upon receipt of the final drawings and technical specifications. HDRjSchiff will assist City personnel, upon their request, with preparation of written responses and clarifications to the bid package, and for addendums issued during the design phase. 7. Provide Construction Inspection and Update the Corrosion Database - After a contractor is awarded the project, HDRjSchiff will assist City personnel as necessary with the review of project submittals and provide onsite inspection of the cathodic protection improvements during construction. HDRjSchiff will assist in the training of City inspectors for witness testing for the following in an effort to reduce costs: a) exothermic welds attaching lead wires to the pipe and coating repairs, b) wire integrity after backfill, c) anode open circuit potentials of sacrificial anodes, d) impressed current anode installations, e) electrical isolation devices, f) pipeline electrical continuity, and g) pre and post system activation testing by the contractor. Upon completion of the project, but before final acceptance, HDRjSchiff will review the construction checkout report provided by the contractor for all aspects of the project including GPS coordinates with sub-foot accuracy that will be included in the City's corrosion database. Data migration and preparation of as-built drawings will be provided by HDRjSchiff. # SCHIFF 4c CITY OF CARLSBAD ENGINEERING HOURS ESTIMATES BY TASK Tasks PE AE SE FE CT DFTR ADM Task 1-1 Review Reports 0 2 60 0 0 0 1 Task 1-2 Collect and Review any Pertinent Existing Documents 0 2 60 0 0 0 0 Task 1-3 Field Work to Verify Conditions 0 0 48 100 100 0 0 Task 1-4 Prepare a Technical Memorandum 4 16 40 0 0 0 10 Task 2 Prepare Improvement plans and Technical Specifications 8 16 56 20 0 100 20 Task 3 Provide Bidding Assistance 0 4 20 0 0 0 4 Task 4 Provide Inspection of the Contractor's Installation and Update Database 0 0 164 240 0 0 8 Grand Totals 12 40 448 360 100 100 43 PE: Dr. Bell will be the Project Principal, and will have a time commitment of 10%. AE: Mr. Fox will have QA/QC responsibility, and will have a time commitment of 15%. SE: Mr. Veihl will be the project manger and will have a time commitment of 50% FE: Mr. Budner will be the field engineer and will have a time commitment of 30% CT: Mr. Eynon and Mr. Borucki will be field inspectors, each with a time commitment of 50%. KR # SCHIFF www.hdrlnc.com/schiff Corrosion Control and Condition Assessment (C3A) Department FEE SCHEDULE 2013 HDR|Schiff has, since 1959, provided consulting services in the field of corrosion control engineering. Our services are furnished on the basis of the below listed tenns and in accordance with the following schedule of fees and charges which are subject to revision at ninety day intervals: 77ffe Hourly Rate Principal Engineer $375 Associate Engineer $225 Senior Staff Scientist $225 Senior Corrosion Engineer $175 Coating Specialist $170 Corrosion Engineer/CP. Specialist $160 Senior Con-osion Technologist/Field Engineer $140 Corrosion Technician $120 NACE Certified Coatings Inspector $95 CAD Operator/Designer including Equipment $90 Coating Inspector $85 Word Processing/Clerical $85 Personnel time is billed in one-hour increments. These rates apply to regular and travel time. Charges for travel time will be limited to eight (8) hours per day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and 1.5 times the above rates for inspector, technician and clerical personnel. Coating inspector has a four (4) hour minimum charge. EQUIPMENT AND MISCELLANEOUS CHARGES: Personnel charges include the indicating instnjments commonly used in corrosion testing. Specialized instnjmentation/test equipment and facilities may require an additional charge. Other direct costs (ODC), such as outside consultants or laboratories, rental equipment and, miscellaneous expenses (including vehicle usage, photograph, reproduction, binding, ovemight mail or courier services, etc.) will be charged at cost plus fifteen percent (15%). Mileage will be charged at $1.25 per mile. Travel expenses (airfare, local travel and accommodation) will be charged at cost. Meal and incidental expenses (M&IE) during travel will be charged at actual cost, up to dally M&IE per diem per Federal Govemment CONUS rates. Pemnits and fees required for projects will be charged at cost. Technology Charge will be assessed at $3.70 per labor hour charged on the invoice. 2013 Fee Schedule Effecfive 11/20/2012 431 West Baseline Road Phone: 909.626.0967 Claremont, CA 9171 ] Fax: 909.626.3316 KRl ^SCHIFF Richard.Velhl* hdrlnc.com Cathodic Protection Improvement Program, #5007 City ofCarlsbad P12-0870 Fee Estimate www.hdrinc.com/johiff Corrosfon Confrol ond Condiffon Assessment (CSAj Department William Plummer City ofCarlsbad Carlsbad Task Description Pe rsonnel Hours Budget Task Description Principal Engineer-PJM32($37S/HR) Associate Engineer-PJM13($225/HR) Sr Corrosion Engr-ECDO (S175 /HR) Corrosion Engineer-ECI20 (S160 /HR) Field Engineei> TEC02($140/HR) Corrosion Tech-TECOl (S120 /HR) CAD operator^ CGE02(S90/HR) Clerical-ADM02 (SS5/HR) Total Hours Labor Tech Charge Subconsultants Non-Labor Total Task 1: Document Revie>v Task 2: Collect and Revie»' any Pertinent Existing Documents Task 3: Field Work to verify conditions Task 4: Prepare a Technical Memorandum 4 2 2 16 60 60 48 40 100 100 1.00 10.00 63.00 62.00 248.00 70.00 $ 11.035 $ 10,950 $ 34,400 $ 12,950 $ 233 $ 229 $ 918 $ 259 $ $ $ $ $ 883 $ 876 $ 2,752 $ 1,036 $ 12,151 $ 12,055 $ 38,070 $ 14,245 Subtotal Desian Task 1: Prepare Improvement plans and Technical Specifications 4 8 20 16 208 56 100 20 100 100 11 20.00 443.00 220.00 S 69.335 $ 29,900 $ $ 1,639 $ 814 $ S $ $ S 5,547 $ 2,392 $ $ 76,521 $ 3.3,106 $ Pre-Construction SuDDort Task 1: Provide Bidding Assistance 8 16 4 56 20 20 100 20.00 1 220.00 4.00 1 28.00 S 29,900 $ 4,740 $ S 814 $ 104 $ s $ s $ 2392 $ 379 $ S 33,106 $ 5,223 $ Subtotal Constmction SuDDort Task 1: Respond lo RFls and RFCs Task 2: Review Contractor Submittals Task 3: Witness Field Testing (up to 20 sites) Task 4: Review Contractor's Corrosion Report Task 5: Update Database 4 20 20 40 40 40 24 160 40 40 4.00 28.00 2.00 1 22.00 2.00 1 42.00 1 200.00 2.00 1 82.00 2.00 1 66.00 $ 4,740 $ 3.670 $ 7.170 $ 29,400 $ 12,770 $ 9.970 S 104 $ 81 $ 155 $ 740 $ 303 $ 244 $ $ $ $ $ $ $ 379 $ 294 $ 574 $ 2.352 $ 1,022 $ 798 S 5,223 $ 4,045 $ 7.899 $ 32,492 $ 14,095 $ 11.012 Subtotal 164 -240 --8.001 412.00 $ 62,980 $ 1,524 $ S 5,038 $ 69,543 12 40 448 -360 100 100 43.001 1,103.00 $ 166,955 $ 4,08111$ • is 13JS6 S 18433 [Grand Total for Above Tasks S 184,400] 12/7/2012 P12.0870-Fee_Est_ODC for City of C3rkbad_tv-rev02.xlsx