PJ\DREDJ\M Municipal Water District REQUEST FOR PROPOSAL FOR AS-NEEDED SURVEYING ENGINEERING SERVICES

Transcription

1 PJ\DREDJ\M Municipal Water District REQUEST FOR PROPOSAL FOR AS-NEEDED SURVEYING ENGINEERING SERVICES Proposal Due Date 8: Time: March 5, :30 P.M. MaU To: P.0. Box Santee, California Office Location: 9300 Fanita Parkway Santee, California PADRE DAM MUNICIPAL WATER DISTRICT Albert~ Director of Engineering and Planning

2 TABLE OF CONTENTS I. INTRODUCTION II. III. IV. PADRE DAM MWD SCOPE OF REQUIRED SERVICES SPECIAL CONSIDERATION V. PROPOSAL REQUIREMENTS VI. VII. VIII. IX. SUBMITTAL REQUIREMENTS CONSULTANT SELECTION PROCESS EVALUATION CATEGORIES (WEIGHT APPLIED BY SELECTION COMMITTEE) SCHEDULE FOR SELECTION AND AWARD X. SPECIAL CONDITIONS ATTACHMENT PROFESSIONAL ENGINEERING SERVICES AGREEMENT

3 I. INTRODUCTION Padre Dam Municipal Water District (District) is soliciting proposals for as-needed surveying engineering services to support the District s Capital Improvement Program (CIP) and Development Services projects. Potential projects include the development of water/wastewater/recycled water transmission, pumping, storage, and treatment facilities located within District s service areas. Proposals are hereby requested from qualified companies to perform the required services in accordance with provisions outlined in this request for proposal (RFP). The as-needed contract will be negotiated and awarded for a base period of two years with the option to extend for one additional year. The District will review the contract after two years and, based on need and performance, may extend the contract for an additional year. The as-needed contract is tentatively scheduled to commence in early July, The intent of the RFP is to provide the District with access to a firm that will provide surveying services on an as-needed basis. The District will qualify and list one (1) surveying engineering firm that the District can select from on an as-needed basis. As specific project needs arise, the District will negotiate a scope of work with the single listed firm. The as-needed consultant will prepare a scope of work, schedule, and costs for each project. The District does not guarantee any minimum amount of services to be performed for the duration of the contract. Consultants must propose singularly. No teams or joint ventures for surveying engineering services will be considered. The District reserves the right to request proposals from listed or other firms for projects. This RFP describes the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. The District reserves the right to withdraw this RFP or not to award a contract at any time. The selected consultant will be required to provide all required Insurance Documentations within 14 calendar days of notification of selection. All submitted proposals become the property of the District. Failure to submit information in accordance with this RFP s requirements and procedures may be cause for disqualification. II. PADRE DAM MWD The District is a multi-purpose public utility providing retail water, wastewater collection, disposal, treatment, water recycling, and recreation at the Santee Lakes Regional Park and Campground. The District is a public agency governed by a five-member Board of Directors, each representing a geographic area within the District. There are approximately 72 square miles in five improvement districts. Sewer and recycled water service are provided to the City of Santee, parts of El Cajon, and portions of the unincorporated areas of the County of San Diego. Water service is provided to the City of Santee, parts of El Cajon, and the unincorporated areas of Lakeside, Flinn Springs, Harbison Canyon, Blossom Valley, Alpine, Dehesa, and Crest. The District s service area population is estimated at 100,000. The District manages 25,200 customer accounts: 13,700 accounts receiving water and sewer service; 9,700 receiving water-only service; 1,600 receiving sewer-only service; and 200 receiving recycled water service. REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 1

4 In terms of current water supply, 100 percent is purchased from the San Diego County Water Authority, which in turn buys it from the Metropolitan Water District of Southern California and Helix Water District. The water is a variable blend from the Colorado River and Northern California sources. The District has no reservoirs to collect natural runoff. The District also has the ability to provide water to the Lakeside Water District. III. SCOPE OF REQUIRED SERVICES The selected firm will be required to perform as-needed surveying engineering services to support the District s CIP and Development Services projects. Potential projects include the development of water/wastewater/recycled water pipelines, reservoirs, and treatment facilities located within the District s service area. The services listed below are not allinclusive, but rather represent those normally expected during the performance of the contract. Specifically, the selected consultant shall be able to demonstrate capabilities in performing: 1. Topographic and land surveying using both conventional and automated data collection system. 2. Surveying and mapping data including, but not necessarily limited to: horizontal and vertical controls, cross sections and profiles, topographic and planimetric surveys, construction layouts, base line and reference lines, property and boundary surveys, and monuments with descriptions of survey points. All deliverables shall be in the following formats: 1. Electronic digital drawings/design files shall be delivered in MicroStation format (V8, 2004 version). The use of MicroStation for plan assembly shall adhere to Padre Dam Municipal Water District's Computer Aided Drafting Guidelines developed for CIP projects. 2. All electronic text document deliverables shall be in Microsoft Office platform (Word, Excel, PowerPoint, Project) version 2010 or lower and in Adobe PDF. 3. All Geographical Information System (GIS) files shall be delivered in Shapefile (.dbf,.prj.,.sbn,.sbx,.shp,.shp.xml,.shx), File Geodatabase (.gdb) or Personal Geodatabase (.mdb) format. 4. All horizontal data (X, Y coordinates) shall be delivered using the California State Plane Coordinate System (NAD 83, Zone VI, feet). 5. All vertical data (Z coordinates) shall be delivered using the North American Vertical Datum of 1988 (NAVD 88, feet). 6. All reports shall be comb-bound. REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 2

5 IV. SPECIAL CONSIDERATIONS 1. District-Furnished Services - The District is in the process of soliciting, under separate RFP, specialized as-needed consulting services in the following areas: Civil Engineering Corrosion Engineering and Cathodic Protection Environmental Consulting Geotechnical Engineering Structural Engineering The District reserves the right to require the selected as-needed firm to utilize other consultants identified by the District for a portion of the work. 2. Time Requirement The time commitment for each work order will be specific to a given construction project. When selected for a project, the consultant will be given a set number of hours, days, and weeks that services are requested. 3. Term of the Agreement The term of the as-needed contract shall be for two years from the date of execution. The District will review the contract after two years and, based on need and performance, may extend the contract for an additional year. The District reserves the right to extend the contract for one (1) additional year for any or all as-needed consultants. 4. Availability of Work The intent of the District is to have construction management services available on an as-needed basis. However, some District needs under this contract may or may not require the full level of work as outlined in Section III. Further, it is not known how many projects will be undertaken over the term of the agreement; therefore, work may or may not be available for the selected firm V. PROPOSAL REQUIREMENTS Written proposals are to include a discussion of the consultant s approach to the asneeded service contract, a breakdown and explanation of project tasks, typical work type, a rate schedule, and documentation of firm and consultant qualifications. The proposal should be concise, well organized, and demonstrate the responders qualifications and applicable experience. Responders will be evaluated based on the information submitted in accordance with Section VIII. Proposals submitted in response to this RFP shall include: 1. Executive Summary Include a brief overview describing the highlights of the proposal. 2. Company Information 2.1. Identification of Responder; 2.2. Legal name and address of the company; 2.3. Legal form of company (partnership, corporation, joint venture, etc.); REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 3

6 2.4. Identification of the parent company; 2.5. Addresses of office(s) located in San Diego County; 2.6. Number of employees in San Diego County; 2.7. Name, title, address, telephone number, and address of person to contact concerning the proposal. 3. Project Approach Discuss overall approach to a typical as-needed project. 4. Project Organization and Key Personnel 4.1. Describe project organization, including identification and responsibilities of key personnel Indicate roles of prime and all sub-consultants Provide detailed discussion of the experiences of the Project Manager, and other key staff members that would be involved with performing as-needed services for the District Provide resumes of the Project Manager and other key staff members who will work on this contract. The resume shall include relevant experience, proposed role, education, and licenses. The resume for each individual shall not exceed two pages in length All work shall be performed under the supervision of a Registered Professional Land Surveyor licensed in the State of California who has substantial experience with projects of similar size and scope Describe proposed line-of-communication between the District, prime team members, and sub-consultants. 5. Quality Assurance and Quality Control (QA/QC) Program 5.1. Provide discussion of the consultant s overall QA/QC program and procedures Provide discussion on how the QA/QC program manages sub-consultants efforts to ensure technical accuracy and successful completion of the project. 6. Experience 6.1. Provide a brief description of consultant s experience in completing similar consulting efforts Discuss and demonstrate specialized experience in completing the services listed in Section III Discuss consultant s experience and knowledge of using both conventional data collectors and GPS methods. REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 4

7 6.4. Provide a list of survey equipment owned or leased by the proposer. The survey equipment may include, but not be limited to: static/kinematic GPS equipment, electronic total station with data collector, and other conventional field equipment (transit, level, etc.). 7. Rate Schedule 7.1. Billing District requires that all billing for work done by the end of billing period to be submitted to the District on a monthly basis. Each billing shall be submitted with a status report describing progress made during the billing period on each task along with percent complete for each task. Final billing will be approved for payment only after a completed status report has been approved by the District Minimum Time Rate List minimum time charged for service rendered Overtime Pay List procedures used for applying overtime rate. Indicate your normal hours of work and overtime rate Holiday List those holidays that your personnel do not conduct normal work hours Travel Time Provide a schedule of travel rate if different from the man-hour rates provided elsewhere in the proposal. Provide data regarding mileage rate in regards to travel time. Give the estimated travel time from your office to District s Administration Office at Fanita Parkway Rate Schedule Include rate schedule of professional staff and services. Service costs are to be provided on a per hourly basis. Base rates included shall be used throughout the base period of the contract (two years) Indicate any changes to the rate schedule that would apply if the District extends the as-needed contract for an additional year. 8. References Consultants shall include a list of names and phone numbers of clients for whom similar work has been performed. VI. SUBMITTAL REQUIREMENTS The proposal and copies of the proposal shall be submitted as follows: One (1) executed original, clearly marked on the cover One (1) CD containing the proposal in Adobe PDF format Six (6) additional hard copies of the proposal The proposal shall be signed by an individual authorized to execute legal documents on behalf of the Project Team. The proposal shall be received no later than 4:30 P.M. local time, on March 5, 2014 at the District s Administration Office: REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 5

8 Padre Dam Municipal Water District ATTN: Clara Cornelius Mail to: PO Box Santee, California or Hand Deliver to: 9300 Fanita Parkway Santee, California Proposals shall be submitted in sealed packages with the following information clearly marked on the outside of each package: Name of responder The words PROPOSAL SURVEYING Failure to comply with requirements of this RFP will result in disqualification. Proposals and/or modifications received by the District subsequent to the hour and date specified above will not be considered. All questions regarding this RFP shall be directed to Robin Bier, P.E., at , or Mark Niemiec, P.E., at VII. CONSULTANT SELECTION PROCESS 1. District will establish a Consultant Selection Panel (Panel) including representatives from various departments within the District. The Panel will evaluate the proposals based on the information submitted. 2. The accepted proposals will be evaluated by the Panel using evaluation criteria outlined in Section VIII. 3. The District reserves the option to invite short-listed companies or teams for a selection interview. 4. Based on the proposals and/or the interviews, the Panel will rank each based on the evaluation criteria listed below and recommend to the General Manager/Board of Directors to enter into a contract with the top ranked firm. The General Manager/Board of Directors has the final approval authority to enter into a contract with the selected firm. 5. As a result of this RFP process, a list of qualified as-needed consultants will be established. Upon the need for service, the District may request an as-needed consultant to submit a project-specific scope of work, schedule, and cost proposal. District may enter into negotiations with the consultant that will cover scope of work, schedule, terms and conditions, technical specifications, and costs. If the District is unable to reach an acceptable agreement with a specific consultant, District Staff may enter into negotiations with another consultant. REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 6

9 VIII. EVALUATION CATEGORIES (WEIGHT APPLIED BY SELECTION COMMITTEE) 1. Approach to Work (15%) 1.1. Understanding of as-needed contract objectives 1.2. Familiarity with technical and construction issues 1.3. Organization of proposed team 2. Company/Project Experience (10%) 2.1. Past performance on similar projects by firm 2.2. Proven specialization of firm on similar projects 2.3. Rate schedule and quality control on similar projects 2.4. Client references 2.5. The involvement of proposed personnel on similar projects 3. Project Team (15%) 3.1. Specialized qualifications of Project Team 3.2. Current depth of technical expertise in team 3.3. Recent project experience 3.4. Sub-Consultants (if any) Technical expertise 4. Project Manager (25%) Experience of personnel with similar projects Record of past performance 4.1. Past performance of Project Manager on similar projects 4.2. Depth of management and technical expertise 5. Availability of Staff (15%) 5.1. Commitment and availability of key personnel 5.2. Commitment and availability of project team members and/or subconsultants REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 7

10 5.3. Quality Control/Quality Assurance Program (20%) 5.4. Quality control and quality assurance program 5.5. Approach for quality control and quality assurance for the as-needed contract IX. SCHEDULE FOR SELECTION AND AWARD The District anticipates that the process for selection of as-needed consultants and awarding the contract will be according to the following tentative schedule: 1. Issue RFP February 3, Proposal due date March 5, Preliminary Selection by Staff March 19, Notification of preliminary selection March 20-21, Interviews (at discretion of District) March 31 thru April 4, Final selection and Board approval May 7, Notification of final selection May 8, Contracts begin July 1, 2014 X. SPECIAL CONDITIONS 1. Reservations This RFP does not commit the District to award a contract, to reimburse any costs incurred in the preparation of Proposal pursuant to this RFP, or to procure or contract for work. Award of the contract is not a guarantee for any minimum amount of services to be performed by the consultants or availability of work for all companies on the list or for all companies on the team. 2. Public Record All proposals submitted in response to this RFP become the property of the District and public records, and as such may be subject to public review. 3. Right to Cancel The District reserves the right to cancel this RFP, in part or in its entirety. If the District cancels or revises the RFP, the District will notify all firms in writing. 4. Additional Information The District reserves the right to request additional information and/or clarifications from any or all respondents to this RFP. 5. Agreement for Professional Service The selected consultant will be required to sign a copy of the District s Agreement for Professional Engineering Services (copy attached). REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 8

11 6. Insurance Requirements The District requires all consultants to procure and maintain, during the period of performance of this agreement, insurance as described in Paragraph 13 of the attached Agreement for Professional Engineering Services. The selected consultants must provide the District with the required insurance certificates within 14 days of notice of selection. REQUEST FOR PROPOSAL AS-NEEDED SURVEYING 2/3/2014 ENGINEERING SERVICES Page 9

12 ATTACHMENT PADRE DAM MUNICIPAL WATER DISTRICT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement is made and entered into as of, 20, by and between the PADRE DAM MUNICIPAL WATER DISTRICT (hereinafter referred to as the District ), organized and existing under the Municipal Water District Law of 1911, Water Code et seq., and, a [insert type of business or entity] (hereinafter referred to as Engineer ). RECITALS A. District is a public agency of the State of California and is in need of professional engineering services for the following project:, (hereinafter referred to as the Project ). B. Engineer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Engineer is a corporation or other organization, the Project Engineer designated herein, and not the Engineer itself, shall be fully licensed to practice as a professional engineer in the State of California. C. The parties desire by this Agreement to establish the terms for District to retain Engineer to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Engineer shall provide the District with all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement. The services are more particularly described in the Scope of Services attached hereto as Exhibit A. [Alternatively, Scope of Services can be included here and all subsequent exhibits renumbered accordingly.] All services performed by the Engineer shall be subject to the sole and discretionary approval of the District, which approval shall not be unreasonably withheld. 2. Compensation. a. Subject to paragraph 2(b) below, the District shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B. [Alternatively, Schedule of Charges may be included here and all subsequent exhibits renumbered accordingly.] b. In no event shall the total amount paid for services rendered by Engineer under this Agreement exceed the sum of $ [Insert amount of compensation]. This amount is to cover all printing and related costs, and the District will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Engineer for work performed will be made on a monthly billing basis G\ of 17

13 3. Additional Work. If changes in the work seem merited by Engineer or the District, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the District by Engineer with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the District and executed by both parties before performance of such services, or the District will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Engineer and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by District. 5. Time of Performance. a. Engineer shall perform all services hereunder as expeditiously as is consistent with professional skill and care, so as not to be the cause, in whole or in part, of delays in the District s Project or in the achievement of any District Project milestones. Specifically, Engineer shall perform its services within the time required by the District and within any completion schedules adopted for the Project (Exhibit C ). Engineer agrees to coordinate with District s staff, contractors and consultants in the performance of the services, and shall be available to District s staff, contractors and consultants at all reasonable times. b. Engineer shall prepare an estimated time schedule for the performance of Engineer s services, to be adjusted as work proceeds. Such schedule shall be subject to the District s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for District s review and approval of submissions, and for approvals of governing authorities. If District and Engineer cannot mutually agree on a performance schedule, District shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Engineer without the prior written approval of District. If the Engineer s services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the District will suffer damage for which the Engineer will be responsible pursuant to the indemnification provision of this Agreement. 6. Delays in Performance. a. Any delays in Engineer s work caused by the following shall be added to the time for completion of any obligations of Engineer: (1) the actions of District or its employees; (2) the actions of those in direct contractual relationship with District; (3) the actions of any governmental agency having jurisdiction over the services or the District s projects; (4) the actions of any parties not within the reasonable control of the Engineer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Engineer. Neither the District nor the Engineer shall be liable for damages, liquidated or otherwise, to the other on account of such delays G\ of 17

14 b. The Engineer shall, within thirty (30) calendar days of the beginning of any excusable delay (unless District grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement), notify the District in writing of the causes of delay. District will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the services when, in its sole judgment, the findings of fact justify such an extension. The District s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the services affected by the delay and shall not apply to other portions of the services not so affected. The sole remedy of Engineer for extensions of time shall be an extension of the performance time at no cost to the District. If Additional services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional services provision of this Agreement. Should Engineer make an application for an extension of time, Engineer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time. 7. Compliance with Law. a. Engineer shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. Engineer shall cause all plans and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the plans and specifications are prepared or revised during the latest phase of the services. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as additional services. Engineer shall cause the necessary copies of such plans and specifications to be filed with any governmental bodies with approval jurisdiction over the services. c. Engineer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act ( ADA ). Engineer shall inform District of its interpretations of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law. Unless Engineer brings such inconsistencies and conflicting interpretations to the attention of the District and requests District s direction on how to proceed, the Engineer s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Engineer, and the Engineer shall correct all plans, specifications and other documents prepared hereunder at no additional cost if its interpretations are shown to be incorrect. If Engineer brings such inconsistencies and conflicting interpretations to the attention of the District and request s District s direction on how to proceed, Engineer shall be responsible to the District only pursuant to the indemnification provision of this Agreement. d. Permits, Approvals and Authorizations. Engineer shall provide District with a list of all permits, approvals or other authorizations required from all federal, state or local governmental bodies with approval jurisdiction over the services. Engineer shall then assist the District in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the District G\ of 17

15 e. If applicable, Engineer is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Engineer shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the services in the same discipline in the State of California, and shall be fully responsible to District for any damages to District, as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Engineer shall be fully responsible to the District for any increased costs incurred by the District as a result of any such deficiencies. Engineer represents and maintains that it is skilled in the professional calling necessary to perform the services under this Agreement. Engineer warrants that all of its employees, engineers, experts and other consultants have sufficient professional skill and experience to perform the services assigned to them. Finally, Engineer represents that it, its employees, engineers, architects, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services assigned to or rendered by them, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Engineer shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Engineer s failure to comply with the standard of care provided for herein. 9. District Responsibilities. District s responsibilities shall include the following: a. District shall make available to Engineer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the District shall provide the Engineer with a preliminary construction budget ( District s Preliminary Construction Budget ). b. If required pursuant to the scope of the Project and if requested by Engineer, District shall furnish Engineer with, or direct Engineer to procure at District s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information. c. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project. d. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required plans and specifications G\ of 17

16 e. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations. f. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project. g. Designate a person to act as its representative for the performance of this Agreement ( District s Representative ). The District s Representative shall be authorized to act as liaison between Engineer and District in the administration of this Agreement and the Construction Documents, and shall have the power to act on behalf of the District for all purposes under this Agreement. Such person shall assist Engineer in observing construction of the Project and participating in the preparation of punch list items. District may designate new and/or different individuals to act as District s Representative from time to time. The District s Representative shall render decisions in a timely manner so as to avoid unreasonable delay in the orderly and sequential progress of the services, as provided in the excusable delay provisions of this Agreement above. h. Review all documents submitted by Engineer and requiring approval by the District. District shall advise Engineer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 10. Assignment and Subconsultants a. Engineer shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the District, which may be withheld for any reason. With the District s written consent, which may be withheld for any reason, Engineer may employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/ or administration of the Project, and to delegate to them such duties as Engineer may delegate without relieving Engineer from administrative or other responsibility under this Agreement. Engineer shall be responsible for the coordination and cooperation of Engineer s architects, engineers, experts or other consultants. Engineer shall request District s consent to retain the services of subconsultants in sufficient time prior to their commencement of work to allow District to review their qualifications. b. All engineers, architects, experts and other consultants retained by Engineer in performance of this Agreement shall be qualified to perform the work assigned to them, and shall be licensed to practice in their respective professions where required by law. c. All engineers, architects, experts and other consultants retained by Engineer shall be required to meet the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the District in writing. Unless changes are approved in writing by the District, Engineer s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. d. Draftsmen and clerical personnel shall be retained by Engineer at Engineer s sole expense G\ of 17

17 11. Independent Contractor Engineer is retained as an independent Contractor and is not an employee of District. No employee or agent of Engineer shall become an employee of District. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from District as herein provided. 12. Integration This Agreement represents the entire understanding of District and Engineer as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 13. Insurance a. Commercial General Liability (i) The Engineer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the District. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) for the following: (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Engineers Coverage (iv) All such policies shall give Padre Dam Municipal Water District, the Board and each member of the Board, its officers, employees, agents and District designated volunteers insured status using ISO endorsement CG2010, CG2033, or equivalent. (v) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the District G\ of 17

18 b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Engineer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the District. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 0001 covering automobile liability (Coverage Symbol 1, any auto). (iii) The automobile liability program may utilize deductibles, but not a self-insured retention, subject to written approval by the District. c. Workers Compensation/Employer s Liability (i) Engineer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Engineer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Engineer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the Workers Compensation and Insurance Act, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer s Liability Coverage in amounts indicated herein. Engineer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers compensation coverage of the same type and limits as specified in this section. (iii) Such insurance shall include an insurer s Waiver of Subrogation in favor of the District and will be in a form and with insurance companies acceptable to the Padre Dam Municipal Water District. [Waiver of Subrogation is negotiable if Engineer has added District as an Additional Insured on the General Liability Insurance.] d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Engineer shall maintain professional liability insurance, in a form and with insurance companies acceptable to the District and in an amount indicated herein. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage G\ of 17

19 Automobile Liability Employer s Liability Professional Liability $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence $1,000,000 per claim and aggregate (errors and omissions) f. Evidence Required (i) Prior to execution of the Agreement, the Engineer shall file with the District evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 2010 (or insurer s equivalent) signed by the insurer s representative and Certificate of Insurance (Acord Form 25-S or equivalent). All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Engineer shall provide the District at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Engineer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Engineer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the District at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Engineer s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the District or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Engineer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Engineer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the District, which satisfy the following minimum requirements: (ii) Insurance carriers shall have a current A.M. Best rating of not less than A- policyholder s rating and a financial rating of not less than Class VII, unless otherwise approved by the District G\ of 17

20 i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Engineer, and any approval of said insurance by the District, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Engineer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, the Engineer fails to maintain in full force any insurance required by the Agreement documents, the District may terminate this Agreement. (iii) All Commercial General Liability and Automobile Liability policies shall give Padre Dam Municipal Water District, the Board and each member of the Board, its officers, employees, agents and District designated volunteers insured status using ISO endorsement CG , or CG plus CG , or equivalent. (iv) The District may require the Engineer to provide complete copies of all insurance policies in effect for the duration of the Project. (v) Neither the District nor the Board, nor any member of the Board, nor any of the directors, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 14. Indemnification. To the fullest extent permitted by law, Engineer shall defend (with counsel reasonably approved by the District), indemnify and hold the District, its Board, members of the Board, employees, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, Claims ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Engineer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Engineer s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses, including but not limited to legal costs and expenses incurred by the District, its Board, Members of the Board, District employees and/ or authorized volunteers in connection with any Claim or in enforcing the indemnity herein provided. Notwithstanding the foregoing, to the extent Engineer s services are subject to Civil Code Section , the above indemnity shall be limited, to the extent required by Civil Code Section , to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Engineer. Engineer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the District, its Board, members of the Board, employees, or authorized volunteers. 15. California Labor Code Requirements. Engineer is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section et seq. ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and the performance of other requirements on certain public works and maintenance projects. Since G\ of 17

21 the services are being performed as part of an applicable public works or maintenance project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Engineer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. The Director of the Department of Industrial Relations has opined that certain geotechnical and related services are subject to the payment of prevailing wages and it shall be incumbent upon the Engineer to determine whether the Prevailing Wage Laws are applicable to the services and to comply with the Prevailing Wage Laws, if applicable. District shall provide Engineer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Engineer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Engineer s principal place of business and at the Project site. Engineer shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Engineer or its consultants to comply with the Prevailing Wage Laws. 16. Verification of Employment Eligibility. By executing this Agreement, Engineer verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. In addition, for the duration of this Agreement, Engineer agrees to use the Social Security Number Verification Service (SSNVS) for all existing employees and all new employees hired by the Engineer. 17. District Materials Requirements. Engineer shall cooperate and consult with District in the use and selection of manufactured items on the Project, including but not limited to plumbing, mechanical and electrical equipment. All such manufactured items shall be standardized to District s criteria to the extent such criteria do not interfere with building design. Engineer shall certify to District, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the State of California or the United States federal government was specified as a building material in any construction document that the Engineer prepares for the Project. Engineer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Engineer shall also assist the District in ensuring that contractors provide District with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Engineer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included. 18. Laws, Venue, and Attorneys Fees This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action G\ of 17