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2016-01-12; Municipal Water District; 825; Approve Agreement with Harris and Associates for Construction Management of Water Recycling Facility
16 CARLSBAD MUNICIPAL WATER DISTRICT-AGENDA BILL A AB# 825 APPROVAL OF AGREEMENT WITH HARRIS & ASSOCIATES, DEPT. DIRECTOR Vj:"' DATE 01-12-16 INC. FOR A NOT TO EXCEED AMOUNT OF $569,074 FOR GEN. COUNSEL #S DEPT. PW-UTIL CONSTRUCTION MANAGEMENT OF THE CARLSBAD WATER EXEC. DIRECTOR ~ RECYCLING FACILITY PHASE Ill EXPANSION, PROJECT NO. 5209 RECOMMENDED ACTION: Adopt Resolution No. 1542 approving the Professional Services Agreement with Harris & Associates, Inc. for Construction Management of the Carlsbad Water Recycling Facility Phase Ill Expansion, Project No. 5209. ITEM EXPLANATION: The Carlsbad Water Recycling Facility (CWRF) is located at 6220 Avenida Encinas adjacent to the southerly limits of the Encina Water Pollution Control Facility (Exhibit 2). The CWRF was constructed in 2005 as part of Carlsbad Municipal Water District's (CMWD) Recycled Water Phase II Project and has a capacity of 4.0 million gallons per day (mgd). On Nov. 17, 2015, the Board approved a guaranteed maximum price (GMP) submitted by COM Constructors, Inc. (COM) in the amount of $8,016,105 for the Carlsbad Water Recycling Facility Phase Ill Expansion design-build contract. The CWRF expansion includes 3.38 mgd of additional membrane filtration, additional influent pumps, a new chlorine contact basin, and other operational enhancements to the current treatment process. Construction of the CWRF expansion project is expected to begin in early February 2016. On Nov. 10, 2015, staff issued a Request for Proposal in accordance with Carlsbad Municipal Code section 3.28.060 to provide construction management services for the CWRF Phase Ill Expansion Project. The city received proposals from three firms and the proposals were evaluated by a committee of engineers and construction management staff from the City of Carlsbad. Based on the ranking from the selection committee, staff is recommending that the city execute a Professional Services Agreement with Harris & Associates, Inc. to provide construction management services for the project. FISCAL IMPACT: Staff have negotiated a fair and reasonable fee with Harris & Associates, Inc. to provide construction management services and is recommending that the Board approve the Agreement for a fee amount not to exceed $569,074. DEPARTMENT CONTACT: Terry Smith 760-603-7354 terry.smith@carlsbadca.gov FOR SECRETARY USE. ~ BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN 0 OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D 1 CRWF Phase Ill Expansion January 12, 2016 Page2of2 A summary of current and anticipated project costs is as follows: Table 1 Expenditures & Encumbrances as of Dec. 11, 2015 (Excluding D-B Contract) CDM Constructors Design-Build Contract Construction Contingency Construction Management (Agreement with Harris & Associates, Inc.) Budget for Other Construction Phase Expenditures (Materials Testing, Engr., Staff, etc.) TOTAL ESTIMATED PROJECT COSTS (CWRF Plant Expansion) Current Appropriation-Phase Ill CWRF Plant Expansion, Project No. 5209 ADDITIONAL APPROPRIATION REQUIRED $665,576 $8,016,105 $600,000 $569,074 $500,000 $10,350,755 $10,361,400 $0 The expansion of the CWRF is part of the Recycled Water Phase Ill Project and is included under CIP Project No. 5209. As shown in Table 1, the current project appropriation is $10,361,400. Funding for the project is based on a financing program containing a combination of the District's Water Replacement Fund (i.e. local funds), a portion of the $4.0 million State Proposition 84 Round 3 Grant, and a portion of the $29.5 million low interest loan from the State Revolving Fund. The Recycled Water Fund is housing the grant and low interest loan portion of the Recycled Water Phase Ill financing program. ENVIRONMENTAL IMPACT: The expansion of the CWRF is part of the Phase Ill Recycled Water Project. An environmental impact assessment was conducted for the Phase Ill Recycled Water Project Feasibility Study, and a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was approved by the Board through Resolution No. 1455, on Nov. 27, 2012. PUBLIC NOTIFICATION: None required. EXHIBITS: 1. Resolution No. 1542 approving the Professional Services Agreement with Harris & Associates, Inc. for construction management of the Carlsbad Water Recycling Facility Phase Ill Expansion, Project No. 5209. 2. Location Map. 3. Agreement with Harris & Associates, Inc. for construction management of the Carlsbad Water Recycling Facility Phase Ill Expansion, Project No. 5209. 2 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. 1542 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES, INC. FOR A NOT TO EXCEED AMOUNT OF $569,074 FOR CONSTRUCTION MANAGEMENT OF THE CARLSBAD WATER RECYCLING FACILITY PHASE Ill EXPANSION, PROJECT NO. 5209. EXHIBIT 1 WHEREAS, the Carlsbad Municipal Water District's Board of Directors (Board), has determined it necessary, desirable, and in the public interest to expand the capacity of the Carlsbad Water Recycling Facility; and WHEREAS, on Nov. 17, 2015, the Board approved a guaranteed maximum price submitted by CDM Constructors, Inc. in the amount of $8,016,105 for the CWRF Phase Ill Expansion Design- Build Contract; and WHEREAS, staff requires the assistance of a consultant with design-build expertise in construction management of recycled water treatment facilities; and WHEREAS, staff solicited multiple proposals for construction management services consistent with Carlsbad Municipal Code Section 3.28.060; and WHEREAS, staff received three proposals, reviewed and ranked the proposals, and recommends Harris & Associates, Inc. as the most qualified consultant for the project; and WHEREAS, staff and Harris & Associates, Inc. have negotiated fees in the sum of $569,074 to provide design-build construction management service; and WHEREAS, the Board has determined it necessary and in the public interest to approve the Professional Services Agreement with Harris & Associates, Inc. to provide design-build construction management services for the Carlsbad Water Recycling Facility Phase Ill Expansion, Project No. 5209; and 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 WHEREAS, sufficient funds have been appropriated in the 2015-2016 Capital Improvement Program in the amount of $10,361AOO. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct and incorporated herein. That the President of the Board is hereby authorized and directed to execute the Professional Services Agreement with Harris & Associates, Inc. to provide construction management services for the Carlsbad Water Recycling Facility Phase Ill Expansion, Project No. 5209. II II II II II II II II II II II II 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 Carlsbad on the 12th day of January, 2016, by the following vote to wit: AYES: Board Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. ATTEST: BARBARA ENGLESON'{secretary (SEAL) LOCATION MAP NOT TO SCALE PROJECT NAME PROJECT EXHIBIT CWRF PHASE Ill EXPANSION NUMBER 2 5209 PLOTTED BY: SCOTT EVANS PLOT DATE: 9/19/13 PATH: D: \UTILIT1ES DEPARTMENT\LOCA TION MAPS\5209.DWG UTIL 1358 AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CARLSBAD WATER RECYCLING FACILITY PHASE Ill EXPANSION HARRIS & ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the /t.f..fh day of .Ta.f\,UC{Y'-5;! , 2016, 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, ("CMWD"}, and HARRIS & ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in construction management. B. Contractor has the necessary experience in providing professional services and advice related to construction management. C. 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 period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be based on time and materials in an amount not to exceed five hundred sixty nine thousand seventy four dollars ($569,074). 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". General Counsel Approved Version 4/2/15 1 UTIL1358 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein 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, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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 General Counsel Approved Version 4/2/15 2 UTIL1358 carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 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. 1 0.1.2 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. 1 0.1.3 Workers' Compensation and Employer'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. 1 0.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endors~d to contain, the following provisions: 1 0.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 1 0.2.4 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 4/2/15 3 UTIL 1358 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 any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 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. ForCMWD For Contractor Name Terry Smith Name Javier Saunders Title Senior Engineer Title Project Director Carlsbad Municipal Water District Address 750 B Street, Suite 1800 Address 5950 El Camino Real San Diego, CA 92101 Carlsbad, CA 92008 Phone 619-236-1778 x2504 Phone 760-438-2722 E-mail Javier.saunders@weareharris.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 4/2/15 4 UTIL1358 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 Carlsbad 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 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 (1 0) 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 fee General Counsel Approved Version 4/2/15 5 UTIL1358 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 CMVVD must be asserted as part ofthe agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor 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 4/2/15 6 UTIL1358 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 CARLSBAD MUNICIPAL WATER HARRIS & ASSOCIATES, INC. a DISTRICT, a Public Agency organized under California corporation the Municipal Water Act of 1911 , and a s;:v};L~# ~~d_ ___ ~:=~=~s=i=d-ia_ry__.D"-is..._tr-~~-ic""'t"""o"'""f t.,._h-lje!:;IC""'ibty,._o_f_C_a_r_ls-b-ad--"~·-·v (s"1gn tilf" r'e) .r""".!' ~ / ~~ ·· . Matt Hall ~s1dent l ' l !11 !1 Karl Dennis Klingelhofer-Vice President (print name/title) ATTEST: Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By: y/_~ Assista.At General Counsel _il;pU-11j General Counsel Approved Version 4/2/15 7 \ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California _o'""> County of ;)C't (l D i 8-(j Cl On ll:een)L)t~--t" {1)2-c/$-before me, ___ _,_l__:::~"~=c_,.~""-J'--"-')_,_I·_~E3'-'/t""''?+-(_._i '='s':_j-t,_<_.\!_; _c_V_) ____ _ Date Here Insert Name and Title of the Officer personally appeared~--~~~~~~-~~~--~~-~~'---)~~·:~r~1t~1~'-;~-S~· -~~~--~·l~f~r~l~~~: t~~~~~· l~t1~-r~:~t~~~·~-~--- Name($) of SignerrsJ. who proved to me on the basis of satisfactory evidence to be the person~ whose name(~ is/ar--e subscribed to the within instrument and acknowledged to me that he/sl=leftfley executed the same in his/hei:4Reir authorized capacity(tes), and that by his/i:lerLtheir signaturets) on the instrument the person~). or the entity upon behalf of which the person~} acted, executed the instrument. RANI BENSKIN Commission# 2092164 j Notary Public -California I! z San Diego County ~ t 4 ~ 0 ; 0Mz sozu!:-zX£1r;s0D;c j}~1 !l Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ------------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . .-. (· Title or Type of Document: {\<rr-eelitf:!lli' i·e ~"4 Document Date: ~-'!'--'' :"'-?~----"""1'--;·~'--l_·--"}~·"'-(--~ Number of Pages: 7 Signer(s) Other Than Named Above: --~--"L,i'--"=L~~~~~~~~- Capacity(ies) Claimed by Signer(s) . Si~ner's Name: :l{f)}'i l~tH'HS' ~l_io~1~i hcfer .~Name=-.~~~.~~~~~~~~~ 9f\Corporate Off1cer -Title(s): '\,; 1 i"%? \?tr"'':;;1':,.1t..?f1-1 D Corporn:te.Q!flcer -Tltle(s): ~~~~~~- D Partner -D Limited D General D Partner -Dl::tmlj:ed D General D Individual D Attorney in Fact D Individual D~~y in Fact D Trustee D Guardian or Conservator D Trustee D Guard1~ Conservator D Other: D Other: ~~~~~~~~~~---"'"""'· ;;;::--~~- Signer Is Representing: Signer Is Representing: ~ "" • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIl CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of CC:rkVO. CJ)sk 0. On 1Xf.Q'1\t:;€Ju Z \ 1 2D\.5 before me, ~ffi ~QA.J 1 Qobu.y Wt;l<c. Date Here Ins Name and Title of the Officer personally appeared ffiY\1 ~:{~5.-R[\ WffiL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official seal. Sign{u:------__ -+.:__::::::::._ ___ __._U_"----;;>+--'--'..L:=--=-- \., "'-Signature of Notary ------------------------------OPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document CQvlS'ccd· Title or Type of Document: Pgtv\.(.;-.fc;c (lY\ mut(QJ-Document Date: \2.../Z \ j 15 Number of Pages: :1 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Si ner(s) Signer's Name: · L lliCorporate Off-ic""'er_._-~T711 r---le_,.(s...,):"!::j:t~e?;;;S;-;-(rr---~2:-~-"'-==-c=ro Signer's D Corporate Officer itle(s): ______ _ D Partner-D Limited D General D Partner -D Limited eneral D Individual D Attorney in Fact D Individual D Attorney in D Trustee D Guardian or Conservator D Trustee D Guardian or Co rvator D Other: _____________ _ D Other: -----------------------Signer Is Representing: ___________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationaiNotary.org ·1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT II A" CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD WATER RECYCLING FACILITY~ PHASE III EXPANSION SCOPE OF SERVICES Design-Build Construction Phase Support Task 1 -Construction Oversight CONSULTANT shall provide the services of a Resident Project Representative (RPR) at the site to perform the services described below. The purpose of construction oversight is to provide a greater degree of confidence that the completed work will conform in general to the contract documents and that DB contractor has implemented and maintained the integrity of the design concept of the completed project as a functioning whole as indicated in the contract documents. Contract Administration/ Management The RPR shall provide assistance with review of contract compliance, change/ claims processing, negotiations and contract interpretation and enforcement. Under this subtask, the RPR will oversee, perform, and coordinate the following tasks, as directed by the City: • Facilitate the preconstruction conference, • Manage the project reporting process and prepare reports, letters, and memoranda as necessary, • Monitor and track the DB construction schedules, Enforce the requirements of the funding agencies as identified in the contract, • Monitor and track insurance requirements and obtain updated certificates from the Contractor, Review and manage the flow of construction submittals, Notify CMWD of significant problems and discrepancies, and • Coordinate operational shutdown activities. The RPR shall document and maintain all relevant project communication between the RPR, CMWD, DB contractor, and applicable parties. In addition to regular project communication, the RPR will 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, testing/inspection reports, dates of utility service interruptions, and all other project correspondence. 1 The RPR will prepare and submit (electronically) monthly progress reports to CMWD' s Project Manager. Progress reports will include the following elements: Summary of the prior month1s main accomplishme:p.ts and current construction activities, Overall DB contractor1s conformance to contract schedule and quality requirements, Identification of key problems, action items, and issues, including recommendations for solutions, • Summary of progress payments, change orders, disputes, submittals, RFI's, and Notices of Noncompliance, • Photographs of representative project activities printed and electronically stored, and Provide list of Deviation Activities and any corrections taken/ planned. Photo Documentation Prior to construction, the RPR will document site conditions via photographs to confirm existing conditions within the limits of work and adjacent areas to document and clearly depict pre-existing conditions. The RPR will take and develop construction documentation photographs on a regular basis and take additional photographs to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Construction Progress Meetings During construction, the RPR will schedule, attend, and lead weekly construction progress meetings with the DB contractor and provide meeting agendas to discuss the schedule, near- term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders1 etc. Within two (2) working days of the meeting, the RPR will prepare and distribute the minutes with identified action items to the attendees. Shop Drawings and Submittal Reviews The RPR will monitor the status of submittals and provide a detailed review of the contractor's submittals for coordination. Submittals of a general nature (General Provisions & Division 1 Requirements) will be reviewed and processed by the RPR and monthly updates on the contractor's construction schedule progress will be submitted to CMWD. Technical Submittals will be distributed by the RPR to CH2M Hill for review and comments and the RPR willlog1 track, and monitor the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the contractor. In the event that shop drawings and submittals do not meet the specified requirements or design intent, the RPR will return them to the contractor with comments for corrections and resubmittal. The RPR will prepare and submit monthly exception reports that identify outstanding submittals or reviews needed. Plans and Specifications Interpretation Under this item, the RPR will submit Requests for information (RFI) generated by the DB contractor to CH2M Hill and maintain a log of RFis, and provide written clarification to the contractor in a timely manner. The RPR shall review all responses prior to transmitting to the DB Contractor. The RPR will be expected to respond to RFis of a general nature and that do not affect the intended operation of the completed facility. 2 The RPR shall obtain and maintain specification referenced standards, including: local and regional specifications, codes, standards, publications, regulatio~, applicable permitting criteria from local, state, and federal agencies, standard drawings and specifications of the local agencies, and related documents. Progress Payments The RPR will prepare project-related invoices and progress payments and submit all invoices to CMWD with a recommendation stating the proper amount for payment. The Schedule of Values and actual quantities will be used as a basis to prepare payment requests using the CMWD-provided format. Contractor1s Claims and Change Orders The RPR will identify, prepare, log, and monitor all DB Contractor or CMWD initiated claims, changes, extra work, and change orders as well as assist the CM"WD Project Manager with negotiating all claims to an agreed upon conclusion. The RPR will also provide the following support services to CMWD: • Submit change orders for approval, Prepare a report providing statement of claim, extra work, or change; backgrotind leading to issue; resolution altemativesi and resolution recommendation for action by CMWD, Prepare written justification and independent cost estimates for each change order and negotiate costs with the DB contractor, and Prepare claims, extra work, and change orders that require design modifications or clarifications, including revisions to the drawings, details, and specification. The RPR will also assist CMWD' s Project Manager with resolving claims, extra work, and change orders for changes to the work and obtain CMWD approval. Task 2 -Startup Support Under this subtask, CONSULTANT shall provide the following services related to substantial completion, start-up and acceptance testing: Review the DB contractor's startup and commissioning plan, • Coordinate with the DB contractor to finalize a facility acceptance testing protocol, • Verify receipt of equipment manufacturer or supplier warranties and O&M manuals prior to startup and testing, Witness functional testing, performance testing/ demonstration, acceptance testing and operational readiness, • Witness or attest to compliance with the substantial completion requirements and prepare substantial completion correspondence, and Prepare and manage punch list. Task 3 -Project Closeout Under this subtask, CONSULTANT shall provide the following closeout support: Define any warranty requirements and verify compliance, Verify work, testing, cleanup and demobilization is complete, Check and submit final payment requests after final walk-through, Review that the Contractor's project record drawings are complete. 3 City of Carlsbad Water Recycling Facility Construction Management Cost of Services Worksheet Project Schedule Construction Phase Project Closeout I Harris & Associates Jan Feb Mar Aprll May Jun July Aug Sep Oct. Nov Decl Jan Calendar days I 31 29 31 30 31 30 31 31 30 31 30 31 I 31 Work days I 19 20 23 21 21 22 20 23 21 21 21 21_L 21 1 2 3 4 5 6 7 8 9 10 11 -LC't'ci'2'' Jan I Feb I Mar I April! May I Jun I July I Aug I Sep I Oct I Nov I Deo Jan Labor ~Estimated Fees $$ Services/Task Position Name Rate .,,.,,::-:···:::·:'''""''''"'''"''''· .;.(;:;:'})'::;:,; !11~'1llt! Totals ·Task 1·Cons!rucllon Phase Prolect Director Javier Saunders, PE $220.00 32 32 24 24 Resident Representative Gary Beach $190.00 140 160 160 160 E.lectncaVI&C Inspector Jim Hudson $135.00 32 40 40 60 Scheduler Albert Mala $155.00 32 24 16 12 Admin Heather Calllcot $92.00 60 60 60 48 ·ask 2· Starl· Up Support Project Director Javier Saunders $220.00 Resident Representative Gaov Beach $190.00 Eleclricalll&C Inspector Tom Kilen $135.00 lnspecUon Support 'Scheduler Albert Mala $155.00 I Admin HeatherCalllcot $92.00 !Project Director Javier Saunders $220.00 !Resident ReoresentaUve Gary Beach $190.00 ElectrlcaYI&C l~soector Jim Hudson $135.00 lnspecUon Support !Admin Heather Calllcot $92.00 "··'···'"' IConstrucUon T;al!er/or Office Front· NIA OTAIIowance ODC's Direct Expense, Vehicle on slle Project Director Monthly Total 32 32 24 24 1Resldent Representative Monthly Total 140 160 160 160 1::/eclflcaiRnspec/or Monthlv Total 32 40 40 60 Scheduler Monthlv Total 32 24 16 12 !Admin 60 60 60 48 iMon!hly Subtotal Labor 296 316 300 304 Not"s and Assumptions: Fee Is based on the scope of seNices requested In the Carlsbad RFP. Fees are bas9d on 11 month cons/ruction period. One month Part-lime close·out. Should the actual schedule require more or less construction management services than proposed adjustments to this estimate may be required. Time extensions or delays may result in additional construction management seNices. This estimate is based on specific scope of work assumptions P"' the RFP. Final scope and fee will be adjusted if Harris is selected. Based on negotiations with Carlsbad. Inspectors working In the State of California are subject to the Prevailing Wage Rates established for that area, ·. 20 20 16 16 12 12 12 4 160 80 80 60 60 60 60 60 60 20 12 14 48 24 80 80 100 100 100 100 60 20 60 60 60 40 20 12 12 8 8 8 4 24 48 48 48 48 32 24 100 20 ,,,. 1:•,; ......... , ... , .,,, ),.,,,, ... ,." '•.·•· 20 20 16 16 12 12 12 4 0 160 160 160 160 160 160 160 160 0 60 80 80 60 60 40 20 0 0 12 26 12 8 8 8 4 0 0 48 48 48 48 48 48 32 44 0 300 334 316 292 288 268 228 208 01 Optional Partnerlng Optional Labor Compliance Includes most overhead costs, computers, phones, copi~s. reproductions (except large project blue-lines), postage and other incidentals, mileage will be at the published yearly IRS rate. 224 $49,280 1,180 $224,200 312 $42,120 110 $17,050 300 $27,600 0 $(} 620 $117,800 260 $35,100 0 $0 52 $8,060 272 $25,0241 0 $0 100 $19,000 0 $0 0 $0 20 $1,840 $2,000 Labor Total $569,074 Cfty of Cadsbad Water Recycling Facillty Cost of H l Harris & Associates Labor Estimated Fees $$ Services/Task ask 1-Conslructlon Phase Task 2-Start-Up Support Position ProJect Director Resident Represenlalive ElecllicaVl&C Inspector Scheduler Admin Project Director Resident Represenlallve EleclricaVI&C lospeclor inspecllon Support Scheduler Admin Project Director Resldeot Representative ElectctcaUI&C Inspector lnspec_U~~-Support Admin Name Calendar Work Rate Javier Saunders, PE $22o.oo: Gal)' Beach $190.00 Jim Hudson $135,00 Albert Mala $165.00 HealherCallicol $92.00 Javier Saunders $220.00 Ga,yBeach $190.00 Tom Kilen S135.oo: Albert Mala $155,00 Healhtlr Calllco! $92.00 Javier Saunders $220.00 Ga,yBeach $190.00 Jim Hudson $135.00 Heather Ca!licol $92.00 Jao I Feb jMar I_AprilJ MaifJi!OJ J~ly J Aug! Sep J Oct.f Nov I Dec 1...:§] '~1!Totals 321 321 241 241 201 20 161 16 12 12 12 4 224 140il60116011BOI160I 80 801 60 60 60 60 1,180 321 401 401 sol sol 60 20 312 321 241 161 121 121 14 110 601 601 601 481 481 24 300 0 llol 801 10011001 1oo11oo1 6o 620 201 601 601 601 401 20 260 0 121 121 81 81 81 4 52 241 481 481 481 481 321 24 272 0 1001 I 100 0 0 _"(,., .:.-::-:•·-·:.=~: _,.,,.>;"-.-, .:~·, .. ;: ,,~, ·J~,;,._::: ~-... ~ ;.:;;,~-.,. ;, .... i.:>:·.\"-' '·''""''"·'"· ,_,_.,,,, ,·_:;,~-;:::::;.·_,~_.::;,<-:--~-.. , ~-:.-=··=o.l ~~-.:r~~-:i:-""-~~i-:~: .c.• I: ·.;;; •. u-: I >c-••o•:;l:-·--:-:-:·: I: :·,,:·:::1 :.o:.·,:.,\ b:-:.'"'1 c: :: •.cl ,;-:,"''·'I,,_ •·CO·' I"'·'·''"·''''"~-~~.:-,,.,.,_., ,,,,I , ~""''•'·• '-'~~ 'Cons!ruclloo"'rrallerlor office Fronn-IIA lOT Allowance DOC's I Direct Expense, Vehicle oa slle Ptofecl Dirac/or Monlhly Tala/ 321 321 241 24[ 201 20 Reslcienl Represenlat!ve Mon/bly Total 1401 16011601 1601 1601 160 Electrlcalllnspsc/or Monlhty T9lol 321 401 401 601 601 80 Scheduler Monthlv To/a/ 321 241 161 121 121 26 fA_dmln 601 601 601 481 481 48 'Monthly Subtotal Labor 2961 3161 3001 3041 3001 334 Noles and Assumptions: Fee Is based on ihe scope of services requested In the Carlsbad RFP. Fees are basad on 11 month consiructlon period. One month Parl·llme close-out. Should the aclua! schedule require more or less conslruolion management se!V/ces than proposed adjustments to this esl/mate may be requited. Time extensions or delays may resuli In additional construction management services. This eslimale is based on specific scope of work assump/ions per the RFP. Final Mope and fee will be arljusled if Harris Is selected. Based on negollalions w/111 Carlsbad. Inspectors working to the State of California are subJect to the Prevailing Wage Rates established for that area. 161 16 1601 160 801 60 121 8 481 48 3161 292 121 121 12 4 0 1601 1601 160 160 0 601 401 20 0 0 81 81 4 0 0 481 481 32 44 0 2881 2681228 208 0 Optional Partnering Optional Labor Compllanc;e Includes mosl overhead costs, compulers, phones, copies, reproductions (except large project blue-lines), poslage and other lnclrlrmtals, mileage will b& al/h& published yearly IRS rate. Labor Total $49,280 $224,200 $42,120 $17,050 $27,600 $0 $117,800 $35,100 $0 $8,060 $25,024 so $19,000 $() $0 $_1_,840 $2,000 $569,074 Donna Heraty From: Donna Heraty Sent: To: Cc: Thursday, January 14, 2016 2:38 PM 'javier.saunders@weareharris.com' Terry Smith Subject: REQUIRED CONFLICT OF INTEREST Dear Mr. Saunders, Regarding your contract with the City of Carlsbad for Construction Management Services for the Carlsbad Water Recycling Facility Phase Ill Expansion, UTIL1358- You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires designated consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: To file, go to NetFile -https:Unetfile.com/filer To begin the process: • Enter your email address and password. o Use the "Lost Your Password?" link, a password will be emailed to you. (The Clerk's Office does not have access to this information.) Once logged in to the system: • Find the entry for Assuming Office and check the 'Select' box. • Click 'Start Selected 700 Document' button and complete and/or check each section. Review: • Click "Review Draft & E-File" on right side of screen. • Click on "Review Draft Statement" to review your statement. E-File: • Click on "E-File Statement" button • There is no need to print the form. Consultants are required to claim- Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure Even if there are no reportable interests, a filing is still required to be completed showing "None". In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement within 30 days following the completion of the agreement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line. **Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. 1 If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. CH't' 0:" CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heraty@carlsbadca.gov Please consider the environment before printing this e-mail 2