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HomeMy WebLinkAbout2024-02-06; Municipal Water District; Resolution 1727RESOLUTION NO. 1727 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR DESIGN AND ENVIRONMENTAL SERVICES FOR THE ADAMS STREET WATER MAIN REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $600,473 WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board of Directors of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to award a professional services agreement for engineering design and environmental services of the Adams Street Water Main Replacement, Capital Improvement Program, or CIP, Project No. 5035-3; and WHEREAS, on Aug. 30, 2023, staff published a request for proposals for engineering design and environmental services of the Adams Street Water Main Replacement Project in accordance with Carlsbad Municipal Code, or CMC, Sections 3.28.050 and 3.28.060; and WHEREAS, on Nov. 1, 2023, staff received six proposals in response to the advertisement; and WHEREAS, after a review of the proposals based on best-value criteria consistent with CMC Sections 3.28.050 and 3.28.060, staff selected the proposal submitted by Carollo Engineers, Inc., or Carollo, as the most qualified for the project; and WHEREAS, staff and Carollo negotiated the scope of work and associated fee in an amount not to exceed $600,473; and WHEREAS, sufficient water replacement funding is available to complete the engineering design and environmental approvals for the project; and WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section 21065, the action to award a professional services agreement for engineering design and environmental services does not constitute a "project" within the meaning of the California Environmental Quality Act 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. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the President of the Board is hereby authorized and directed to execute a professional services agreement with Carollo Engineers, Inc. in an amount not to exceed $600,473 for the engineering design and environmental services of the Adams Street Water Main Replacement, CIP Project No. 5035-3, which is attached hereto as Attachment A. 3.That the Executive Manager is hereby authorized to amend the Agreement to extend the term for two (2) additional one {1) year period or parts thereof. If the Executive Manager extends the term of the Agreement, the amount shall not exceed $100,000 per Agreement year. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City,of Carlsbad on the 6th day of February, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. Luna. KEITH BLACKBURN, President SHERRY FREISINGER, Secretary {SEAL) DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21ESAC ATTACHMENT A PSA24-2352UTIL AGREEMENT FOR ADAMS STREET LIMITED ACCESS AND FIRE FLOW IMPROVEMENTS SERVICES CAROLLO ENGINEERS, INC. _ THIS AGREEMENT is made and entered into as of the &f � day of C� � . 2024, 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, California, ("CMWD"), and Carollo Engineers, Inc., a Delaware Corporation, ("Contractor"). RECITALS A.CMWD requires the professional services of a consultant that is experienced in design services. B.Contractor has the necessary experience in providing professional services and advice related to design services. C.Contractor has submitted a proposal to CMWD under Request for Proposals No. RFP24- 2352UTIL 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 three (3) years from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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 shall not exceed six hundred thousand, four hundred and seventy-three dollars ($600,473). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. 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 10/20/2023 Page 1 DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1 E03C21 ESAC PSA24-2352UTIL Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7.CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user •account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification­ subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the on line training or reaching out to the Proco re support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8.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. General Counsel Approved Version 10/20/2023 Page 2 DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1 E03C21 ESAC PSA24-2352UTIL 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. 9.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. 10.OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 11.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 attorneys' 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 CMWD'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. 12.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-: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. General Counsel Approved Version 10/20/2023 Page 3 DocuSign Envelope ID: 8363E019-O608-43SE-96E 1-01 E03C21 ESAC PSA24-2352UTIL 12.1 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. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. \i\forkers' 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. 12.1.4 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. 12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 12.4 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. General Counsel Approved Version 10/20/2023 Page 4 DocuSign Envelope ID: 8363E019-D608-435E-96E 1-D1 E03C21 ESAC PSA24-2352UTIL 12.5 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. 13.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. 14.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. 15.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. 16.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. 17.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 Markus Mohrle Name Andrew Frost Title Utilities Associate Engineer Title Project Manager, Associate V.P. Carlsbad Municipal Water District Address 5355 Mira Sorrento Place, Suite 270 Address 5950 El Camino Real San Diego, CA 92121 Carlsbad, CA 92008 Phone 619-507-6937 Phone 442-339-2322 E-mail afrost@carollo.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 10/20/2023 Page 5 DocuSign Envelope ID: 8363E019-D608-435E-96E 1-D1 E03C21 ESAC PSA24-2352UTIL 18.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes D No IZI If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19.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. 20.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21.·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 10/20/2023 Page 6 DocuSign Envelope ID: 8363E019-D608-435E-96E 1-D1 E03C21 ESAC 22.TERMINATION PSA24-2352 UTI L 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. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party 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. 23.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. 24.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. General Counsel Approved Version 10/20/2023 Page 7 DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1 E03C21 E5AC PSA24-2352UTIL 25.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. 26.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. 27.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. This Agreement may be executed in counterparts. 28.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. [signatures on following page] General Counsel Approved Version 10/20/2023 Page 8 DocuSign Envelope ID: 8363E019-D608-435E-96E 1-D1 E03C21 E5AC CONTRACTOR CAROLLO ENGINEERS, INC., a Delaware corporation By: (sign here) Jeffrey A. Weishaar, Associate Vice-President (print name/title) By: (sign here) (print name/title) PSA24-2352UTIL CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By l,� ATTEST: Sherry Freisinger, Board Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached.� 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: CINDIE K. McMAHON, General Counsel By: ___ bt_M_�--�----Assistant General Counsel General Counsel Approved Version 10/20/2023 Page 9 ~ a. UJus~ DocuSign Envelope ID: 8363E019-O608-435E-96E1-D1 E03C21 ESAC PSA24-2352UTIL EXHIBIT "A" SCOPE OF SERVICES General Counsel Approved Version 10/20/2023 Page 10 5355 Mira Sorrento Place, Suite 270 San Diego, California 92121 P 858-505-1020 carollo.com Adams Street Scope of Work 1.Project Management Carollo will administer the project and provide subconsultant coordination to maintain project schedule and budget. The project progress and budget status will be included in a monthly progress report that will be included with our monthly invoice. Additionally, the monthly progress report will include a list of work completed for the billing period, as well as an invoice summary report outlining the dollar budgeted, spent, and remaining per task. The scope of comprehensive project management includes, but is not limited to the following: Efficiently managing the project schedule. Setting up and facilitating client meetings, interagency meetings, field reviews, and other project related meetings. The following meetings will be included within this scope of work: o Kick-off Meeting (in person or virtual) o Monthly status update calls (phone calls) o Environmental Review Meetings o 30 Percent Design Review Meeting (Microsoft Teams Meeting) o 60 Percent Design Review Meeting (Microsoft Teams Meeting) o 100 Percent Design Review Meeting (Microsoft Teams Meeting) Managing the Carollo team involved in the project (“project team”). Managing the project team includes, but is not limited to, preparing contract paperwork, memos, letters and e-mail, making phone calls, and maintaining project files. On a monthly basis, Carollo will provide a brief written summary of work (typically 1-page long) that has been accomplished in the previous month, anticipated work for the next month and key decisions that need to be made to keep the project on schedule. Invoices shall show the original budget, reallocated budget, amount spent to-date, amount spent this period, and percentage spent to-date for each task. Invoices shall be structured to separate out the costs relative to each of the two projects, which will be invoiced and tracked separately if requested by CMWD. Preparation of meeting minutes for all meetings held and run by Carollo. Meeting minutes shall be submitted to CWMD within 5 business days of the meeting date for review, with the goal of finalizing meeting minutes seven working days after the meeting. 2.Data Collection and Research Carollo will engage surrounding utility agencies, including but not limited to: City of Carlsbad and CMWD, So Cal Gas, SDG&E, AT&T, Verizon, and Spectrum, to request relevant information for data collection, utility mapping necessary for preliminary engineering, and right of way maps. Carollo will research and obtain record information from outside agencies and utilities and incorporate that information into the base drawing. Carollo will coordinate with the utility companies to identify and resolve any utility conflicts. Existing utilities and their locations will be incorporated into the design drawings as best as possible based on record drawings and other information provided from the owning utility. All agencies contacted will be tracked in a matrix, and all record drawings received and communication between entities can be provided to CMWD upon request. each of the two projects, which will be invoiced and tracked separately if requested by CMWD. DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC • • • • • 5355 Mira Sorrento Place, Suite 270 San Diego, California 92121 P 858-505-1020 carollo.com 3.Design Survey Carollo will engage their subconsultant O’Day Consultants to be responsible for conducting a topographic survey of the project area that will extend 10 feet beyond the right-of-way boundaries. Carollo will conduct a site walk to verify that site conditions are accurately shown. For a detailed survey scope of work, please see the appendix for Oday’s complete scope. 4.Preliminary Design Report Carollo will prepare a Draft and Final preliminary design report and 30% plans to evaluate alignment alternatives for the new water mains. This will include the water main corridors outlines within Highland, Hoover, Adams, and Cove Drive. Water improvements shall total approximately 7,100 feet in total. These documents will include, but are not limited to: Water alternative alignments and appurtenance locations Siting alternatives for the PRS Existing utility locations and recommendations for removal or relocation as appropriate Pipe rehabilitation alternatives and locations Proposed materials for pipeline, isolation valves, and joint types Identification of any deviations from CMWD standards Water meter locations and proposed relocations Shutdowns and construction phasing Pavement restoration recommendations Permitting requirements Additional right of way or easement requirements Construction costs for each alignment Deliverables: Draft Preliminary Design Technical Memorandum and 30% plans, (PDF) Final Preliminary Design Technical Memorandum (PDF and 3 hard copies) 5.60 Percent Design Carollo will incorporate the 30% design comments and the final selected alignments into 60% design plans and specifications. Plan sheets to be developed at a scale of 1” = 20’ and contain at a minimum: Title sheet and general notes identifying reference drawings and sheet indices. Survey basis of bearings and benchmarks Topographic survey information including existing utilities and right of way Horizontal alignments for the proposed water lines Profiles of the water mains showing exiting utility crossings where appropriate Locations of existing and proposed appurtenances Preliminary construction notes and annotations Deliverables (PDF format): 60 percent plans, specifications, and estimate Utility conflict identification memo DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC • • • • • • • • • • • • • • • • • • • • • • • 5355 Mira Sorrento Place, Suite 270 San Diego, California 92121 P 858-505-1020 carollo.com 6.Utility Locating & Potholing Services Carollo will prepare a utility potholing plan based on the 60 percent design and conduct potholing to identify the utility size, material type, and depth measurement to the utilities. Potholing information will be incorporated into the 100 percent design. 7.Geotechnical Services This task involves conducting a desktop review of existing geotechnical reports and published data to summarize the anticipated geologic and geotechnical conditions. Carollo’s subconsultant Ninyo and Moore will prepare a Preliminary Design Technical Memorandum before conducting field explorations and laboratory testing of the subsurface soil and groundwater. The results and recommendations from the field explorations will be detailed in a preliminary and final geotechnical report. Deliverables: Preliminary Design Technical Memorandum Preliminary Geotechnical Report Final Geotechnical Report 8.Electrical Service Request Per request from the City/CMWD, this scope has been removed from the project. It is envisioned that the new PRS will be a streamlined version and not constructed per CMWD Std Detail W-29A. 9.90 Percent Design Carollo will develop the plans and specifications to the 90 percent level for CMWD review. CMWD review comments from the 60 percent submittal review will be incorporated into the plans and addressed. Field information from potholing and geotechnical investigations will also be incorporated into the plans and specifications. Plans shall also include the initial technical details for the PRS, as well as water amin shutdown, phasing, and highlining plans. Deliverables (PDF format): 90 percent plans, specifications, and estimate Utility conflict resolution memo identifying potential conflicts and recommended approach Storm water and non-storm water pollution prevention including forms E-32, E-34 and E-36 Draft Geotechnical Report Final Subsurface potholing report 10.100 Percent Design Carollo will develop the plans and specifications to the 100 percent level for City review. City review comments from the 60 percent submittal review will be addressed. Deliverables (PDF format): 100 percent plans, specifications, and estimate Utility conflict resolution letter Revised stormwater forms (if necessary) Final Geotechnical Report DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC • • • • • • • • • • • • 5355 Mira Sorrento Place, Suite 270 San Diego, California 92121 P 858-505-1020 carollo.com 11.Final Submittal This task includes the development of the final stamped plans and specifications for bidding purposes. City review comments from the 100 percent submittal review will be addressed. Deliverables (one PDF and three hard copies): Final plans and specifications, signed and sealed Engineer’s opinion of probable construction cost AutoCAD drawing files 12.Engineering Services During Construction As part of Bid Phase Services, Carollo will provide bidding support services including providing responses to RFIs and preparing up to two addenda to the plans and specifications. Carollo will also assist with bid review upon request. As part of Construction Phase Services, Carollo will attend the pre-construction meeting and up to 10 progress meetings, review submittals and shop drawings, review and respond to RFIs, and prepare record drawings. Deliverables: Record Drawings (PDF and AutoCAD) 13.Environmental Services Carollo’s subconsultant Helix Environmental will provide environmental services for the project, including site specific environmental technical reports, California Environmental Quality Act (CEQA) documents, and support for required environmental permits. For a detailed environmental scope of work, please see the appendix for Helix’s complete scope of work document. 14.ROW Acquisition Assistance Per request from the City/CMWD this scope has been removed. It is assumed that the new PRS will be placed within the existing right of way along Adams or Highland and will not require a new easement or a new Plat or Legal description. DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC • • • • 5355 Mira Sorrento Place, Suite 270 San Diego, California 92121 P 858-505-1020 carollo.com Project Assumptions Carollo has made the following assumptions that apply to this scope of work. CMWD shall furnish Contractor available studies, reports and other data pertinent to Contractor's services; authorize Contractor to obtain or provide additional reports and data as required; and Contractor shall be entitled to use and reasonably rely upon all such information and services provided by CMWD or others in performing Contractor's services hereunder. CMWD shall arrange for access to and make all provisions for Contractor to enter upon public and private property as required for Contractor to perform services hereunder. Contractor has no control over the cost of labor, materials, equipment, services or schedules furnished by others, or over the construction contractor's methods of determining prices, or other competitive bidding or market conditions, practices, bidding strategies or scheduling methodologies. Cost estimates and construction schedule estimates are based on Contractor's opinion based on experience and judgment. Contractor cannot and does not guarantee that proposals, bids or actual project construction costs and/or schedules will not vary from cost estimates and construction schedule estimates prepared by Contractor. DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC • • • DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC c;,.r-••,,.. Engineers ... Worlcing Wonda~ With Water• Category Labor Subtotal Subconsultant & Expenses Adams Street Limited Access and Fire Flow Improvements I City of Carlsbad/CMWD Principal-in-Project Sr.Project Project Design Total labor Fee Estimate Name charge Manager Engineer Engineer Engineer CAD Technician Clerical Hours Total Labor Fee Subconsultants ODCs Travel PECE I I Total Fee$ Task Sub Description Hourly Bill Task Rate ,70 ,50 "' ,60 ,50 '55 >JS s% ,, Meetin1s (Kickoff, Milestone Review, Oesin1 Review) 2 12 4 12 10 40 7,710 600 8,310 Environmental Review Meetings 4 2 6 1,270 90 1,360 Meeting Minutes 6 4 12 " 3,760 330 4,090 ProejctMana1ement 6 24 JO 7,620 4S0 8,070 Utility Data Collection and Mapping 8 20 40 48 n6 19,940 250 1,740 21,930 UtJIJty Conflict Coordination 4 8 8 ,o 3,480 300 3,780 Design Survey 2 4 4 I ,0 2,020 94,169 4,708 1S0 101,047 Draft and FinalPDR 2 8 30 40 50 16 10 ,,, 27,020 2,340 29,360 30%Desian Plans 2 8 28 so 80 120 , .. 47,440 4,320 51,760 ::1•-. 60% Design Plans, Specifications, and Estimate 2 12 24 48 60 90 12 ,48 41,190 I 3,720 44,910 UtJllty Locating and Potholing Services 2 8 12 " 3,640 46,712 2,336 330 53,018 .... GeotechnfcalServJces 2 6 8 1,400 40,900 2,045 120 44,465 Elect1cal Services (Removed by City Request) Eml1 90% Design Plans, Specifications, and Estimate 1 12 16 40 60 80 8 I ll7 35,750 I 3,255 39,005 100% Design Plans, Specifications, and Estimate 1 10 16 20 40 60 8 'SS 25,950 I 2,325 28,275 Final Design Plans,Speclfic:ations,and Estimate 1 s 2 8 18 40 4 78 12,690 I 1,500 1,170 15,360 Bid Support Services 2 4 8 8 4 ,6 5,080 390 5,470 Construction Meetings 2 " " 46 10,990 250 690 11,930 Submittal Review 2 4 15 30 ,, 9,415 76S 10,180 . --RFls 2 8 28 40 8 86 16,080 1,290 17,370 Record Drawings 2 4 14 48 68 10,940 1,500 1,020 13,460 Additional Proejct Management during ESDC 12 4 ,6 3,540 240 3,780 .... EnvlronmentalServJces 2 ' 500 79,060 3,953 I 30 83,543 ROW Support Services (Removed by City Request) !Total Hours ,, 173 m ,38 4~4 ~26 74 '-1711 ITotalPrice 6,750 43,250 49,725 38,080 68,100 81,530 9,990 297,425 26o,841 13,042 3,= s= 25,665 600,473 I CIP PROJECTS5057000 50351 0 (161)0(162)9060 0 0(162)9060 162 162 0 STAFF OVERHEAD5057000 50351 0 (16,877)0(16,878)9061 0 0(16,878)9060 16,877 16,877 0 DESIGN - CONSULTANTS5057000 50351 380,000 499,7750119,7769063220,000 0499,7769060100,225 100,225 600,000 DESIGN - STAFF OVERHEAD5057000 50351 97,000 112,9212,90918,831906470,000 0115,831906051,167 54,077 167,000 DESIGN - MISCELLANEOUS5057000 50351 2,000 9340(1,066)9065 0 093490601,066 1,066 2,000 CONSTRUCTION - CONTRACT5057000 50351 0 999,9880999,98890661,420,000 0999,9889060420,012 420,012 1,420,000 CONSTRUCTION - CONSULTANTS5057000 50351 0 55,223055,2239067150,000 055,223906094,777 94,777 150,000 CONSTRUCTION - STAFF OVERHEAD5057000 50351 0 68,220068,220906880,000 068,220906011,780 11,780 80,000 ENVIRONMENTAL - CONSULTANTS5057000 50351 250,000 250,00000907200250,00090600 0 250,000 ENVIRONMENTAL - MISCELLANEOUS5057000 50351 5,000 5,000009074005,00090600 0 5,000 MISC PUBLIC OUTREACH5057000 50351 27,000 5740(26,426)9085 0 0574906026,426 26,426 27,000 761,000 1,975,59701,217,506 2,9101,940,000LIMITED ACCESS PIPE RELOC 722,492 725,4021,978,506 2,701,00050351 761,000 2,91001,978,506 1,975,598.511,217,506 2,701,000725,402722,4921,940,000 :Date12/18/23 :Time14:52:301 Capital Project Summary Report with org key part (sort by project type)Markus Mohrle Page User: Report: See Capital Project Accountant for the prior information.* These projects have appropriations and/or expenditures prior to 1995-96 that are not shown on this report. Capital_Project_Summary_orgkey DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1 E03C21 E5AC ACCT NO. GL JL PROJECT TITLE WATER DISTRIBUTION SYSTEM GRAND TOTAL CAPITAL PROJECT SUMMARY AS OF 12/18/23 (Sort By Project Type) PROJECT ADDL [-------2023 -2024 -------] APPROPR. EXPEND. 2022 -2023 2023 _ 2024 AVAIL. [-------To -Date-------] TO0&/30/23 TO0&/30/23 BAL FWD APPROPR. APPROPR. ENCUMB. EXPEND. BALANCE EXPEND. APPROPR. DocuSign Envelope ID: 8363E019-D608-435E-96E1-D1E03C21E5AC Engineers ... Workmg Wonders With Water' CERTIFICATION This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate policy approved by the Board of Directors on 02/07/2011, James A. Meyerhofer, Senior Vice President, and Jeffrey A. Weishaar, Associate Vice President, are authorized to execute engineering service agreements for the usual and customary engineering business of the company. Dated : October 25, 2018 1H----Michael W. Barnes Corporate Secretary & General Counsel