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Home My WebLink About1998-02-10; Municipal Water District; Resolution 10071 2 3 4 5 6 0 0 RESOLUTION NO. 1,007 EX1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, TO APPROVE AN AGREEMENT WITH O'DAY CONSULTANTS TO PROVIDE ENGINEERING SERVICES ON CANNON ROAD RECYCRED WATER AND POTABLE WATER TRANSMISSION MAINS PHASE II, CMWD PROJECT NO. 88-602, 35341 7 WHEREAS, Requests for Proposals were requested to provide the nec 8 civil design services for preparation of design plans and specifications for Canno, 9 Recycled Water and Potable Water Transmission Mains Phase II, CMWD Projc 10 11 88-602; and Reach SAHl , SAH2 and SAHT3B of the South Agua Hedionda lnte, 12 Sewer, CMWD Project No. 92-406; and responses were received from Daniel 13 Engineering, Inc. and O'Day Consultants; and after review of the proposals, tt- l4 recommended O'Day Consultants based on an evaluation of their approach 15 76 WHEREAS, the Board of Directors of the Carlsbad Municipal Water Dis 17 Carlsbad, California, has determined it necessary and in the public interest for ay 18 19 and acceptance of a proposal from O'Day Consultants, Inc. to design plar 20 specifications for Cannon Road Recycled Water and Potable Water Transrr 21 Mains Phase II, CMWD Project No. 88-602; and 22 design and as the most responsive in meeting the objectives of the design phase: WHEREAS, funds appropriated in the amount of $1,278,000 have 23 1) appropriated in the 1997-98 budget for the Cannon Road Transmission Main, a 24 project cost estimated for the civil design services for the Cannon Road Recycled 25 and Potable Water Transmission Mains Phase 11, CMWD Project No. 88-6 26 27 $70,000 for engineering services and $7,000 for contingencies, therefore, the 28 sufficient funds available for this project. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 a NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors Carlsbad Municipal Vdater District, Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached three party agreement between O’Day Consultal City of Carlsbad, and the Carlsbad Municipal Water District be approved and ac and 3. That the President, as representative of the Carlsbad Municipa District, is authorized and directed to execute the proposed agreement betweel Consultants, the City of Carlsbad, and the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a special meeting of the B Directors of the Carlsbad Municipal Water District of Carlsbad, California, I 10th day of February , 1998, by the following vote to wit: AYES: Commissioners Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None /7 ABSENT: None ATTEST: (SEAL) 27 I1 28 Y 0 0 .. AGREEMENT THIS AGREEMENT is made and entered into as of the /o j4 d a, , Feb cnnw 3- 1998 , by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as "City", CARLSBAD MUNICIPAL WA1 DISTRICT, a municipal corporation hereinafter referred to as "District", and O'Dav Consultants , hereinafter referred to as "Contractor." RECITALS City requires the services of an enaineering design Contractor to provide necessary enaineerinq services for preparation of Reach SAHl, SAH2 AND SAH3I the South Aqua Hedionda lnterceotor Sewer. CMWD Proiect No. 92406; and Dis requires the services of an enaineerina desian Contractor to provide the neces: enaineerinq services for preparation of Cannon Road Recvcled Water and Pot; Water Transmission Mains Phase II. CMWD Proiect No. 88-602; and Contrz possesses the necessary skills and qualifications to provide the services require( the City and the District; NOW, THEREFORE, in consideration of these recitals and the mutual coven contained herein, City, District and Contractor agree as follows: I. , CONTRACTOR'S OBLIGATIONS (See attached Exhibit "A".) 1. I rev. Ol/l , e e .. 2. CITY OBLIGATIONS The City shall provide all existing street improvements plans for Cannc Road and sewer improvements in Cannon Road, The District shall provide all water and recycled water improvement plar in Cannon Road and contacts for contacts use in acquiring information. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (1 0) days after receipt notification to proceed by the City Engineer or designee and be completed within Q hundred (100) calendar days of that date. Extensions of time may be granted requested by the Contractor and agreed to in writing by the City Engineer or designe The City Engineer or designee will give allowance for documented and substantiat unforeseeable and unavoidable delays not caused by a lack of foresight on the part the Contractor, or delays caused by City or District inaction or other agencies' lack timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $140,000. other compensation for services will be allowed except those items covered supplemental agreements per Paragraph 8, "Changes in Work." The City reserves right to withhold a ten percent (10%) retention until the project has been accepted the City and the District. 2 rev. 0111 I 0 a- 5. DURATION OF CONTRACT This agreement shall extend for a period of thirtv (30ldavs from date therec The contract may be extended by the City ManagedExecutive Manager for one additional one (1) year periods or parts thereof, based upon a review of satisfactc performance and the City’s and the District‘s needs. The parties shall prep: extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contrac within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the plans and specificatic for the desian services the Contractor shall deliver to the City the following items: 1. One set of original mylars containing the plans for the project. 2. One set of specifications for the project. a. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor, City or the District, and informal consultations with the other party indicate tha change in the conditions of the contract is warranted, the Contractor, the City or District may request a change in contract. Such changes shall be processed by City in the following manner: A letter outlining the required changes shall be forwar to the City/District by Contractor to inform them of the proposed changes along wi’ statement of estimated changes in charges or time schedule. A Standard Amendn 3 rev. 01/1: > 0 0 .. . to Agreement shall be prepared by the City and the District and approved by the ( and the District according to the procedures described in Carlsbad Municipal Cc Section 3.28.172. Such Amendment to Agreement shall not render ineffective invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained i company or person, other than a bona fide employee working for the Contractor solicit or secure this agreement, and that Contractor has not paid or agreed to pay i company or person, other than a bona fide employee, any fee, commissi percentage, brokerage fee, gift, or any other consideration contingent upon, or resul from, the award or making of this agreement. For breach or violation of this warra the City or the District shall have the right to annul this agreement without liability, 01 its discretion, to deduct from the agreement price or consideration, or otherw recover, the full amount of such fee, commission, percentage, brokerage fees, gift contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws: regarc nondiscrimination. 1 I. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the w as provided for in this contract, the City ManagerIExecutive Manager may terminate contract for nonperformance by notifying the Contractor by certified mail of 4 rev. 01/1 f e 0 .. termination of the Contractor. The Contractor, thereupon, has five (5) working day: deliver said documents owned by the City and the District and all work in progres: the District Enqineer. The District Enqineer shall make a determination of fact ba upon the documents delivered to City of the percentage of work which the Contra1 has performed which is usable and of worth to the City in having the cont completed. Based upon that finding as reported to the City Manager, the Manager s determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty ( days written notice to the other party. In the event of such suspensioq or terminat upon request of the City or the District, the Contractor shall assemble the work proc and put same in order for proper filing and closing and deliver said product to Cit the District. In the event of termination, the Contractor shall be paid for work perforr to the termination date; however, the total shall not exceed the lump sum fee pay: under paragraph 4. The City ManagerlExecutive Manager shall make the f determination as to the portions of tasks completed and the compensation to be mac 12. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of fac interpretation not otherwise settled by agreement between parties. Such question they become identified as a part of a dispute among persons operating under provisions of this contract, shall be reduced to writing by the principal of the Contra1 or the City Engineer or designee. A copy of such documented dispute shall 5 rev. 01/12 e 0 forwarded to both parties involved along with recommended methods of resoluti which would be of benefit to both parties. The City Engineer or designee or princil receiving the letter shall reply to the letter along with a recommended method resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to I aggrieved party, a letter outlining the dispute shall be forwarded to the City Council the Board of Directors for their resolution through the Office of the C ManageVExecutive Manager. The City Council or the Board of Directors may then ( to consider the directed solution to the problem. In such cases, the action of the C Council or the Board of Directors shall be binding upon the parties involved, althou nothing in this procedure shall prohibit the parties seeking remedies available to thc at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City or the Distr must be asserted as part of the contract process as set forth in this agreement and I in anticipation of litigation or in conjunction with litigation. The Contractor acknowledg that if a false claim is submitted to the City or the District, it may be considered fra and the Contractor may be subject to criminal prosecution. The Contrac acknowledges that California Government Code sections 12650 et sea., the Fa Claims Act, provides for civil penalties where a person knowingly submits a false ck to a public entity. These provisions include false claims made with deliberate ignoran -_ of the false information or in reckless disregard of the truth or falsity of information the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalt 6 rev. 01 /13, 0 0 pursuant to the False Claims Act, it is entitled to recover its litigation costs, incluc attorney's fees. The Contractor acknowledges that the filing of a false claim may sub the Contractor to an administrative debarment proceeding wherein the Contractor r be prevented to act as a Contractor on any public work or improvement for a periol up to five years. The Contractor acknowledges debarment by another jurisdictio grounds for the City of Carlsbad or the Carlsbad Municipal Water Distri to disqu; the Contractor from the selection process. AIniti The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.C 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referenc &ni - 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's ( way as an independent Contractor and in pursuit of Contractor's independent call' and not as an employee of the City or the District. Contractor shall be under contrc the City and tihe District only as to the result to be accomplished, but shall consult ' the City and the District as provided for in the request for proposal. The persons u by the Contractor to provide services under this agreement shall not be considc employees of the City or the District for any purposes whatsoever. The Contractor is an independent Contractor of the City and the District. payment made to the Contractor pursuant to the contract shall be the full and comp compensation to which the Contractor is entitled. The City and the District shall make any fetderal or state tax withholdings on behalf of the Contractor or his 7 rev. 01 I1 : 0 e .. employees or subcontractors. The City and the District shall not be required to pay a workers' compensation insurance or unemployment contributions on behalf of t Contractor or hidher employees or subcontractors. The Contractor agrees to indemn the City and the District within 30 days for any tax, retirement contribution, SQC security, overtime payment, unemployment payment or workers' compensati payment which the City and the District may be required to make on behalf of 1 Contractor or any employee or subcontractor of the Contractor for work done under t agreement or such indemnification amount may be deducted by the City and the Dist, from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Refc and Control Act of 1986 and shall comply with those requirements, including, but I limited to, verifying the eligibility for employment of all agents, employe subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Contractor shall provide necessary supporting documents, to be filed with any agencies whose approva necessary. The City or the District will provide copies of the approved plans to any ot agencies. 8 rev. 01/1 f 0 e .. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herc required are the property (of the City and the District, whether the work for which th are made be executed or not. In the event this contract is terminated, all documen plans, specifications, drawings, reports, and studies shall be delivered forthwith to t City or the District. Contractor shall have the right to make one (1) copy of the plans i hislher records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the wc pursuant to this contract shall be vested in City and District and hereby agrees relinquish all claims to such copyrights in favor of City and District. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and tl Carlsbad Municipal Water District and its officers, officials, employees and voluntec from and against all claims, damages, losses and expenses including attorney fe arising out of the performance of the work described herein caused in whole or in p by any willful misconduct or negligent act or omission of the Contractor, a subcontractor, anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable, except where caused by the active negligenl sole negligence, or willful misconduct of the City of Carlsbad and/or the Carlsb Municipal Water District. Contractor shall at its own expense, upon written request by the City and/or t 9 rev. 01 /I 31 (I) a Carlsbad Municipal Water District, defend any such suit or action brought against tl City, andlor the Carlsbad Municipal Water District, its officers, officials, employees a1 volunteers. Contractors indemnification of City and the Carlsbad Municipal Waj District shall not be limited by any prior or subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the City and the District. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under tt contract by the Contractor, Contractor shall be fully responsible to the City and t~ District for the acts and omissions of Contractor's subcontractor and of the perso either directly or indirectly employed by the subcontractor, as Contractor is for the ac and omissions of persons directly employed by Contractor. Nothing contained in tl contract shall create any contractual relationship between any subcontractor Contractor and the City or the District. The Contractor shall bind every subcontrac and every subcontractor of a subcontractor by the terms of this contract applicable Contractor's work unless specifically noted to the contrary in the subcontract in questi approved in writing by the City or the District. 21. PROHIBITED INTEREST No official of the City or the District who is authorized in such capacity on beh of the City or the District to negotiate, make, accept, or approve, or take part negotiating, making, accepting, or approving of this agreement, shall become directly 10 rev. 0 1 /I 31 0 0 .a indirectly interested personally in this contract or in any part thereof. No officer employee of the City or the District who is authorized in such capacity and on behat the City or the District to exercise any executive, supervisory, or similar function$ connection with the performance of this contract shall become directly or indire1 interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of ' City or the District, either before, during or after the execution of this contract, st affect or modify any of the terms or obligations herein contained ,nor entitle Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall inure to and shall bind each of the part hereto, and each of their respective heirs, executors, administrators, successors, E assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writ above. 25. CONFLICT OF INTEREST . The City has determined, using the guidelines of the Political Reform Act and City's conflict of interest code, that the Contractor will not be required to file a conflic interest statement as a requirement of this agreement. However, Contractor herc 11 rev. 01/13 0 0 .. acknowledges that Contractor has the legal responsibility for complying with th Political Reform Act and nothing in this agreement releases Contractor from th responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and a and all amendments insurance against claims for injuries to persons or damage property which may arise out of or in connection with performance of the wc hereunder by the Contractor, his agents, representatives, employees or subcontractc Said insurance shall be obtained from an insurance carrier admitted and authorized do business in the State of California. The insurance carrier is required to havc current Best's Key Rating of not less than "A-:V" and shall meet the City's policy insurance as stated in Resolution No. 91-403 and the District's policy for insurance stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum lir indicated herein, unless a lower amount is approved by the City AttorneyIGen' Counsel or City ManagerlExecutive Manager: 1. Comprehensive General Liability Insurance. $1,000,000 comb single-limit per occurrence for bodily injury, personal injury and property damage. 11 submitted policies contain aggregate limits, general aggregate limits shall a separately to the work under this contract or the general aggregate shall be twice required per occurrence limit. 12 rev. 01/1 0 e 2. Automobile Liability (if the use of an automobile is involved Contractor's work for the City/District). $1,000,000 combined single-limit per accid for bodily injury and property damage. 3, Workers' Compensation and Employer's Liability. Work Compensation limits as required by the Labor Code of the State of California i Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate the contractor's profession with limits of not less than $1,000,000 per claim. Cover: shall be maintained for a period of five years following the date of completion of work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under agreement contain, or are endorsed to contain, the following provisions. I. The City and the Carlsbad Municipal Water District shall be nan as additional insureds on all policies excluding Workers' Compensation : Professional Liability. 2. The Contractor shall furnish certificates of insurance to the ( before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluc Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement I any extension thereof and shall not be canceled without 30 days prior written notict 13 rev. 01/12 0 0 the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance covera! required herein, then the City will have the option to declare the Contractor in breach may purchase replacement insurance or pay the premiums that are due on exis! policies in order that the required coverages may be maintained. The Contract0 responsible for any payments made by the City to obtain or maintain such insurar and the city may collect the same from the Contractor or deduct the amount paid fr any sums due the Contractor under this agreement. 14 rev. 01/12 0 0 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to recx written notice on behalf of the City/District and on behalf of the Contractor in conned with the foregoing are as follows: For City/District: Title William E. Plummer. District Enaineer Name Carisbad MuniciDal Water District Address 5950 El Camino Real Carlsbad, California 92008 For Contractor: Title Patrick N. O'Dav. President Name O'Dav Consultants Address 2320 Camino Vida Roble, Suite 6 Carlsbad. California 92009 ArchitecVLicense Number: KC€ 2732 1 e ArchitecVLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to contemplated herein, embody the entire agreement and understanding between barties relating to the subject matter hereof. Neither this agreement nor any provi! hereof may be amended, modified, waived or discharged except by an instrumer 15 rev. 0111 : e 0 writing executed by the party against which enforcement of such amendment, waiver discharge is sought. Executed by Contractor this 26th CONTRACTOR: O'DAY CONSULTANTS ~WC 4 ryame;g;;* ATTEST: A f7 Patrick N. O'Day, President ;;nt n;geam* Patrick N.O'Day, Secretary (print nameltitle) f ALETHA L. WJJTENKRANZ ATTEST: ALETHA L. RAUTGNKRANZ \ Secretary (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only I officer signs, the corporation must attach a resolution certified by the secretary or assistant secrei under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R, BALL ey/General Counse -_ d- //-9c* 16 rev. 01/13 0 e EXHIBIT "A" ob4 DESIGN APPROACH FOR WATER, RECYCLED WATER AM) SEWER IN CANNON ROAD FROM LEG0 DM TO EL CAMINO REAL Consultant has prepared roadway plans for the entire length of this project, includq the water, recycled water, and sewer for the portion ffom Leg0 Drive to Pointe Avenue, and has prepared a preliminary design of the water, recycled water, sewer and sewer force main and lift station for the remaindex of the project. Geotechical investigation has been done for the project area, but did not include resistivity and corrosion reports, so additional investigations are included in this approach. New traflic controf plans are necessary only at the El Camino Real intersection, a! traflic control for the intersection at Leg0 Drive is included in the existing roadway plans, and tht remainder of the roadway is new road with no need for construction trafiic control. Uw c0ord;lat;on has been accomplished with the roadway plans, but additional coordition will bt needed due to known conflicts with the water main in El Camino Real. It is envisioned that the CMWD plans will be stand-alone plans and the plans and specilications will be added to the City'! roadway bid as an addendum. scope I: Geotechnical conditions in this area include cut areas of Quaternary-aged Terrac Deposits, Santiago Formation and compacted HI. The section tiom Leg0 Drive tc Macario Canyon has recently been graded with Leighton and Associates providin; geotechnical services. The section fiom Macario Canyon to El Camino Real ha previouily been rough-graded under -the observation and testing of others, an Leighton and Associates has reviewed the &Graded Geotechnid report for thi area. Consultant will review the existing. geotechnical reports and provide summary of the subsurface conditions, and will make borings of 5.to 10 feet i depth at roughly 500 foot spacings to evaluate engineeringcharacteristics of d soils along the alignment and the chemical characteristics of the soils. Laboratol engineering properties. Some of the soils within the Carfsbad area have bec found to have a high potential for causing corrosion of buried metal conduits. ! addition, areas of soil that have been utitized for agricdtural purposes or d allwiai areas which drain f?om agriculturai areas sometimes have soils with hig suWe of chloride concentrations. This can red in deterioration of concrete not property planned for. The proposed geotechnical investigation will include suite of tests to evaluate the chemical characteristics of the soils within f proposed atigmnents. These tests will inciude determination of the soil PI minimum resistivity, soluble sulfate content, and chloride concentrations. T geotechnid report will present the results of these findings and provi appropriate recommendatolls to be utilized in the design process. If hi@ corrosive soils are idatifhi, one of the recommendations may be to enlist t services of a corrosion engineer. testrng will include an evaluation of the soils chemical characteristics and pda 0 0 Design Approach Leg0 Drik Page 2 of Scope II: Pothoitng. Consdtant win pothole to expose the existing he1 lines, belonging to Santa Fe ar Pacific Pipeline, in El Camino Real and wey to locate that line horizontally ar vertically, limited to one day of backhoe with operator and one day of surveyir crew. Scope IIE Engineering Drawings. Consukant will prepare plans for approximately 7,550 lineal feet of 16-inc diameter wateq 7,070 lineal feet of 24-inch diameter and 960 16-inch diametc recycled water, and, 3,800 lineal feet of 24-inch diameter and 1,400 lineal feet c 16 -inch diameter sewer fiom Leg0 Drive to El Camino Real, including the bridg crossings of the Macario Canyon and the Agua Hedionda Creek Channel. Scope IV: Bridge pIan revisions. A Revision to the Macario Canyon Bridge plans to accommodate two 16-inc diameter recycled water pipelines and one 16-inch diameter water pipeline. B. Revision to the Apa Hedionda Channel Bridge plans to: provide cantilev widening of the bridge deck for 16-inch water and 24-iich recycled watt maias; and to widen the spacing of the pilings to six feet, to accommodate 42-inch steel casing for the 30-inch sewer main. The redesign is made compk as the bridge is on a curve so that the pilings cannot be uniformly widened. ".+?~- "- . ..~ . Scope V: Specihti-i ' -<& y " - ". .. ~ ." .- " . - .- - .. - ... ** . .. k ". .. F; ". -.. ... " , . ". - cod 7di-i. wd pro,,i,$ons to the City bid specifications, usin w.:-ed . . __ - . computer disks ofwderplate specifications. "- -we _1 . . . -._ . rr- - . .. . Scope VI: " .. ~ . li . . . .-. .CO&;win prepare-&antity and constxuction cost estimates for the project. ,P- "_ . .. .i .v 3 el ids pti aa Z! $3 pz ig .! 4 a00 2" ZF I v) I- s 3 3 v) 8 5 P 0 I (3 a - -(o s - z \ * - E: a+ - 9 t - Q) "x. s "" - N - sz F 3 - - 2 ' . .- - . _. E - is n 0 - lzs - w .- - " 0 -2 c- 9 3 e- a5 e!&! a c L d2sssgH~ss a, 8 qPSs+s,*g ~i2oazo~~~~~o a300 giis nEqs gL89 '00 ~~L~~capc~ Orrrrrr gags25 gff QJQ-QJQQJQJQJ- - C55$t?ff E 3sa a* -QJ - gzz3!!!#;8'BBB3 E prrr a a i wo eSawoc s gga ZoZoH, Eq$oc>g2, st 3 x owcnw 0pXB Qreu"letD~QO~= I 2 j [I~ x I *$ 5 2 a U s s gs $a m Ej .* ll< t %$ I=-" 0) QJ ij- P *g Pa LO 0 0 STATE OF CALIFORNIA 1 COUNTY OF San Diego I ISS. On 1-26-98 before me, Cathlynn E. Aguirre,; ?Notary Public DATE NAME AND TITLE OF OFFICER personally appeared Patrick N. O'Day NAME(S) OF SIGNER(S) personally known to me - to be the person(* who islare subscribed to the within instrument and acknowledged to me that he/- executeb the same in I authorized capaci&(ies), and that by his/lsm&& signature(* on the instrument the person(*, or the entity upc which the person@) acted, executed the instrument. WITNESS my hand and official seal. \ .. SIGNATURE OF NOTARY 0 -~ (This area for official not-:,; ,,.,qp ,; :' .. . _' t , ' ?. 3 ., 3 ?/L;.: ._. t. ! :' ,i,l:" . .. - ':, 1 , . :,.*.J .., . .', 1 ,. .. ~ ,. . . - - . .", -. .. . \. . _. . . .. :, ., :.-; -. :Zy ; ,I .f I$ 1 ' . . \. .>,, !> .., Title or Type of Document B - Thr ee partv Professional Services Agreement ': i'..',...' ,+) . \, '.: . li .. Date of Document undated No. of Pages 19 ',.. Signer(s) other than named above None I CMWD 88-602,92406 C - " - v .. ......_,... .......... .\ :: _. *A CORD :: .... ....... ~,**wnl. ..... , z,.. Lacenae 60525512 Teagllc In~~~ance ~ency, m. 5550 Baltimore Dr. Suite lllQ La Wesa CA 91942 .. - - , . PRODWER Lm T2mmas R. Geiabnsh PhmeFo. 619-464-6851 mm,. 619-464-1901 I I O'Day Cmwultants, IC. CaxlEbad eA 92009 7220 Avrnfda mCh6 - Ste 204 COMPANY vip;cILgy FGFL6s fmrs. m. """ "" .jco; BSSo~~DIy~oNi%= COMPANY -1- lKj"UIII;STS INS CQ "".."" COMPANY I ,.~~rrv.r*:::~~,..; :; x.molrrr...".., ... ,.5;:x&z..* .... ............ .......*.....--...............................- ,,,(,,,._, "-,-n ...... *....,,,...... ......... ,..L"LQ.PC.;7.. ...., J....-.x....."". ." . .- ... *,,x,.,*"x~,,,,r...* ...... "~ez::;::::$&5 . .-.*A ::~::~~~~~~:~~~~~:~~~~~:~:~~~ .I.:.:- ........ $ ........ ,. "*&. YH's E To cERTIFy '"AT ME POUCES OF UWJRANCE L~STED BELOW HAVE EEm ISSUB TO THE INSURED ~MEP WE Fm THE poLm Pf INDICATBD~ NoPNIMSTAN~~N~ ANY REQUIREMENT. 'ERM OR CONDITION OF ANY c0-n m Q~EA D~cUM~T wlw RESPEh To WHm ~~~~..~,,-:*~",:~,~~~~:~~~ ~E~~'F~TE MAY FX ~ssu~ QR MAY PERTAIN, THE ~SUFWCE AFHIR~ BY THE alaE OE$C~B~ HEIRN ,s SUeJECT To A.LL THE TERM EXCLuSiONS *No CONnlTrQNS OF SUCH WUCIES. LMii3 SHOWN my HAVE BEEN REW~ BY PAID cLAI" t,,-,-,- -."."- 7- .". I." I - - co LTR TYPE DF Y3bLIRIVYCE Mucy- WW~W PowvD[p(.bTldn m€ WMiDWYT) wlT3 DATE I- "P G"Li-N BuERnL AGGREGA16 -..-.-.. 6 ,- FKlED(UYPGE(I\ny~M - -..- I- 0 1, -E!%SE?!L - 4 I, ~T-~P~OP? lZ/25/98 11/25/97 ~JPYUIOM~~~ x cyumc1hL ~~(ulb~ LIAH~ c 2 *a &A ,*on ..%' CUiYS MAW m 0CCl.18 6,+L --aNJvqwRv OWwUf54'S & CON'WACTOR'S PROT ' ..- t ''s "-LEUAT ol/o4/sa o~/or/w 27773168 AmAuTO - X A * "p(rrilmLlcl=-d /IvTW~UEU~~ - ALL OWNED AWOS SCHRYAED AUTOS .- - 5 BDWLYWVRT - cRrw=a x MREOAUTDS ". .- X IPa m NON-OWMD AUTOS BODLY lyJuly * - . -...-. PR- PAVULSE 5 6hFL4a LlABlllTy AW AWQ DlV€RWNA~DNL'Y: a-.." I A-TE 4 8 .4GmexTE Eyw6WBlLKY EnCnOCcURR6HCE: # UM6RRlnfQRM -, . OV%3t THAN UMSSEU FORM I I I b muu~ cmwawrrnn ~li~ EMROI" WUIY c mmPmR/ EL EACH ACCIDEN? !#CL 3CWl4399709 SI,[ PNKNFJWEXE~VE EDlSEAE-EAEMPUlYEE 1 a 1, l 0- Am M" i 1.t 'RWSEASE-&ICYUIU~T U9/#1/98 09/01/97 I _." t 1 B (z SiCAPXXrITY bxP452563 01/08/98 az!oa/ss 1, ( I i 1k I I I I I OTSWTKIN ClG WEM" llBls 16 DAYS looTlcE OB' VTIOII KTU BE GIVBW F R IWlQ PAXXEWI! OW P-UK .mTxFZCATE EWSSBR p AS ADDXTIOWAL RZS& WXTE mSPEX!!l' To P-: CXWHON ROAD SEWZR, e we-602. .. CaffLSWiD XUHICfPAL WXP'RR DX-. = DISTRICT h TmS cm OP CARLSElAD 5950 EL CAmm REu CARLgBaD CA 92008 "=~."rmPM-fWUWR& 30 D~;YC~~TOTHE~TE~NAMQTUT 'ZII-ZG"998 01:lWM 0. 0 CITY OF CARLSBAD INFORh&TION SHEET FOR l3USlNESS LICENSE RENEWAL VW"ACEMEMT FOR LOST FORM) LICENSE NUMBER sYa4ad WE OF BVSINES FLAT FEE AB.. 0 0 PENALTY FEE (PAST DUE g0 DAY* 25%. 90 DAYS = SO%) . dS.'ad - TOTAL - -7K. DO I-zb-qR ' DATE Ar;r. Cmy t PIGUlRRG al-x-lw 11: IM 7604348164 " - " "_ " " L-m A. .."... . .. . .. iLop. .._.*..,- .. Sde Ca 7 ifornia 7 - -, OFFICE Oi THE SECRETMY OF STATE f-~ I a2 I, MMCH FONG EU, Secretary of state of the state of California, hexeby cxztjfp I That the annexed transcript has be= compared with the record on file in this office, of which it purports to be a copy, and that same is full, true and corne .'I b IN WXTNESS WHIzREt3S;, x crecnte thisc?clauaband&bGr?aat sdob~stated~tbis SEP 2.9 @8! bdh %'". -.f- ~ ~~. ~~~~~~ -14-1997 848- --"-c1eav ~- 6lSZEEtllS -1 ""-+..:*a ".V .. .- * - r. . ZIYII. "L.L.. "M " .- """ . . .. 4 6. ,a ,e ENDORSE; FILED SEP2 3 1981 1.ctm37 I.Ik&dL.s4wd .Idn-dei#m& .* d y9snf=~"!Vdl trh,clar Jww AlipczQgs 08 rm" op O'DM cxlsmmms, nae. ONgz The naws of th3s corpoxuticm is O'DCry CmaulMWt nae. TWO: The purpose of thi8 corporation ia to angage in any 1fkwf- act or activity for ubiclrr a corporation may be organized under tl Q+nrral Corpatarfan aau af Califotnir other tM the banking brr0in.S tbc tmt -y basiaae~a, or fho practise of a pgofecdoa ptdtted be tlco~sated by the California Corparati- Cab. T3SgBr The name urd addrrar In elk28 state of tb carporcation L rc initial watt For 6erwic4 of process is: Patzfck M. O'pay 3lS msth Cl-e Stceet Ocwnsfdt, California 92054 ?OUR2 Thi8 corporation iB autkorf%d to issrre only aie clam shares 02 stack wlridh shall b &mignntd camma stock. The ttstaz nud of abres it Is aPtborfzd t;o &cue is 10,000 dm~ms. / nA!rm: 9/z3/f/ %&I PA!i!RIa IlbL#hlo O'Dbll, Dm # I hereby declare that X an the persen vbo ex-4 the faregoing Artic: crf Incorporation, vhicb execution ir qy mt and deed- / 'W PA!nucu l!mnAbl O'DAX, -14-1991 84:- 6l3233MiS