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HomeMy WebLinkAbout1998-02-10; Municipal Water District; Resolution 10081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 1,008 EXHl A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, TO APPROVE AND AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES ON CANNON ROAD RECYCLED WATER TRANSMISSION MAIN PHASE I, CMWD PROJECT NO. 88-602,35341 WHEREAS, Requests for Proposals were requested to provide the necc civil design services for preparation of plans and specifications for Cannon Recycled Water Transmission Main Phase I, CMWD Project No. 88-602; and Agua Hedionda Interceptor Phase I, CMWD Project No. 92-406; the latter presented to the City Council of the City of Carlsbad for review and approva responses were received from Daniel Boyle Engineering, Inc. and O'Day Consu and after review of the proposals, the staff recommended Daniel Boyle Enginc Inc. based on an evaluation of their approach to the design; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water Dis Carlsbad, California, has determined it necessary and in the public interest for ap and acceptance of a proposal from Daniel Boyle Engineering, Inc. to design plat specifications for Cannon Road Recycled Water Transmission Main Phase I, ( Project No. 88-602; anld WHEREAS, funds appropriated in the amount of $1,278,000 have appropriated in the 1997-98 budget for the Cannon Road Transmission Main, a project cost estimated for the civil design services for the Cannon Road Recycled Transmission Main Phase I, CMWD Project No. 88-602, is $23,435 for engir services and $2,565 for contingencies, therefore, there are sufficient funds avail2 ~ this project. I ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 e 0 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors ( Carlsbad Municipal Water District, Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached three party agreement between Daniel Boyle Enginc Inc., the City of Carlsbad, and the Carlsbad Municipal Water District be approve accepted; and 3. That the President, as representative of the Carlsbad Municipal District, is authorized and directed to execute the proposed agreement between Boyle Engineering, Inc., the City of Carlsbad and the Carlsbad Municipal Water D PASSED, APPROVED AND ADOPTED at a special meeting of the Bo Directors of the Carlsbad Municipal Water District of Carlsbad, California, hc 10th day of February , 1998, by the following vote to wit: AYES: Commissioners Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: (S EAL) . 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the / 0 tC da) F&rLcary , 193, by and between the CITY OF CARLSBAD, a munici corporation, hereinafter referred to as "City", CARLSBAD MUNICIPAL WAT DISTRICT, a municipal corporation hereinafter referred to as "District", and & Bovle Enuineerina. Inc. , hereinafter referred to as "Contractor." RECITALS City requires the services of an enaineerina desian Contractor' to provide necessary engineerinq services for preparation of Reach SAH4 South Aaua Hedior Interceotor Sewer ImDrovement Plans, and District requires the services 01 enaineerina design Contractor to provide the necessary engineerinq services preparation of Cannon Road Recvcled Water Transmission Main Phase I ImDrovemI Plans; and Contractor possesses the necessary skills and qualifications to provide services required by the City and the District; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City, District and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS (See attached Exhibit "A".) 1 rev. 01/13 0 0 2. CITY OBLIGATIONS The City shall provide all existing street improvement plans for Cannon Ro and sewer improvements in Cannon Road. The District shall provide all water and recycled water improvement plans Cannon Road and contacts for contracts 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 wii seventv (70) calendar days of that date. Extensions of time may be grantec requested by the Contractor and agreed to in writing by the City Engineer or design( The City Engineer or designee will give allowance for documented and substantia unforeseeable and unavoidable delays not caused by a lack of foresight on the par the Contractor, or delays caused by City or District inaction or other agencies' lac1 timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $46,870. 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 acceptec the City and the District. 2 rev. 01/1: e 0 5. DURATION OF CONTRACT This agreement shall extend for a period of thim (30) daw from date therec The contract may be extended by the City ManagedExecutive Manager for one additional one (I) year periods or parts thereof, based upon a review of satisfad 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. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor w, City or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor, the CiQ the 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 fotwarc to the City/District by Contractor to inform them of the proposed changes along wit 3 rev. 01/13 e 0 statement of estimated changes in charges or time schedule. A Standard Amendmt to Agreement shall be prepared by the City and the District and approved by the C and the District according to the procedures described in Carlsbad Municipal Ca 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 ; 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 resull from, the award or making of this agreement. For breach or violation of this warral the City or the District shall have the right to annul this agreement without liability, or its discretion, to deduct from the agreement price or consideration, or othem 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. 11. TERMINATION OF CONTRACT .. In the event of the Contractor's failure to prosecute, deliver, or perform the \n as provided for in this contract, the City ManagedExecutive Manager may terminate 4 rev. 0111 I e a contract for nonperformance by notifying the Contractor by certified mail of t termination of the Contractor. The Contractor, thereupon, has five (5) working days deliver said documents owned by the City and the District and all work in progress the District Engineer. The District Enaineer shall make a determination of fact bas upon the documents delivered to City of the percentage of work which the Contrac has performed which is usable and of worth to the City in having the contr, completed. Based upon that finding as reported to the City Manager, the Manager st 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 suspension or terminati upon request of the City or the District, the Contractor shall assemble the work prod and put same in order for proper filing and closing and deliver said product to City the District. In the event of termination, the Contractor shall be paid for work perfom to the termination date; however, the total shall not exceed the lump sum fee paya under paragraph 4. The City Manager/Executive Manager shall make the f determination as to the portions of tasks completed and the compensation to be mad 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 Contra 5 rev. 01/11 e e or the City Engineer or designee. A copy of such documented dispute shall 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 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 I ManagedExecutive 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 ( Council or the Board of Directors shall be binding upon the parties involved, althoi nothing in this procedure shall prohibit the parties seeking remedies available to th at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the dity or the Disi must be asserted as part of the contract process as set forth in this agreement and in anticipation of litigation or in conjunction with litigation. The Contractor acknowled that if a false claim is submitted to the City or the District, it may be considered fr; and the Contractor may be subject to criminal prosecution. The Contra1 acknowledges that California Government Code sections 12650 et seq., the F: Claims Act, provides for civil penalties where a person knowingly submits a false cl to a public entity. These provisions include false claims made with deliberate ignora of the false information or in reckless disregard of the truth or falsity of informatiol 6 rev. 01 /I : J 0 0 the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalti pursuant to the False Claims Act, it is entitled to recover its litigation costs, includi attorney's fees. The Contractor acknowledges that the filing of a false claim may subjc the contractor to an administrative debarment proceeding wherein the Contractor rr be prevented to act as a Contractor on any public work or improvement for a period up to five years. The Contractor acknowledges debarment by another jurisdiction grounds for the City of Carlsbad or the Carlsbad Municipal Water: District to disqus the Contractor from the selection process. BpA (hiti( The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referencc % (InH 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's c way as an independent Contractor and in pursuit of Contractor's independent calli and not as an employee of the City or the District. Contractor shall be under contrc the City and the 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 conside 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 7 rev. 01 /I : 0 0 make any federal or state tax withholdings on behalf of the Contractor or his/; employees or subcontractors. The City and the District shall not be required to pay i workers' compensation insurance or unemployment contributions on behalf of Contractor or hidher employees or subcontractors. The Contractor agrees to indeml the City and the District within 30 days for any tax, retirement contribution, so security, overtime payment, unemployment payment or workers' compensat payment which the City and the District may be required to make on behalf of Contractor or any employee or subcontractor of the Contractor for work done under i agreement or such indemnification amount may be deducted by the Cityland the Did from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Ref( and Control Act of 1986 and shall comply with those requirements, including, but 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 dwumenfs, 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 C 0 0 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as her required are the property of the City and the District, whether the work for which tl are made be executed or not. In the event this contract is terminated, all docume plans, specifications, drawings, reports, and studies shall be delivered forthwith to City or the District. Contractor shall have the right to make one (1) copy of the plans hidher records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creatjon of the w pursuant to this contract shall be vested in City and District and hereby agree: 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 Carlsbad Municipal Water District and its officers, officials, employees and volunte from and against all claims, damages, losses and expenses including attorney fc arising out of the performance of the work described herein caused in whole or in I by any willful misconduct or negligent act or omission of the Contractor, I 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 negliger sole negligence, or willful misconduct of the City of Carlsbad and/or the Carlst Municipal Water District. Contractor shall at its .own expense, upon written request by the City and/or 9 rev. 01 /I 2 0 0 Carlsbad Municipal Water District, defend any such suit or action brought against City, and/or the Carlsbad Municipal Water District, its officers, officials, employees z volunteers. Contractors indemnification of City and the Carlsbad Municipal Wi 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 mor 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 contract by the Contractor, Contractor shall be fully responsible to the City and District for the acts and omissions of Contractor's subcontractor and of the pers either directly or indirectly employed by the subcontractor, as Contractor is for the : and omissions of persons directly employed by Contractor. Nothing contained in contract shall create any contractual relationship between any subcontractor Contractor and the City or the District. The Contractor shall bind every subcontra and every subcontractor of a subcontractor by the terms of this contract applicabl Contractor's work unless specifically noted to the contrary in the subcontract in que: 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 bf of the City or the District to negotiate, make, accept, or approve, or take pa negotiating, making, accepting, or approving of this agreement, shall become direct a. 10 rev. 01 /I e 0 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 behaif the City or the District to exercise any executive, supervisory, or similar functions connection with the performance of this contract shall become directly or indirec 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 1 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 1 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 parti hereto, and each of their respective heirs, executors, administrators, successors, a assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writi above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and i City's conflict of interest code, that the Contractor will not be required to file a conflici interest statement as a requirement of this agreement. However, Contractor here 11 rev. 01 /I 3, 0 0 acknowledges that Contractor has the legal responsibility for complying with Political Reform Act and nothing in this agreement releases Contractor from 1 responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and i 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 \n hereunder by the Contractor, his agents, representatives, employees or subcontract1 Said insurance shall be obtained from an insurance carrier admitted and authorize1 do business in the State of California. The insurance carrier is required to hav 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 insurancc stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum Ii indicated herein, unless a lower amount is approved by the City Attorney/Gen Counsel or City Manager!Executive Manager: I. Comprehensive General Liability Insurance. $1,000,000 combi single-limit per occurrence for bodily injury, personal injury and property damage. II 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. Ol/l 0 0 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 accidl 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 2 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. Coven 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 1 agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carisbad Municipal Water District shall be nan as additional insureds on all policies excluding Workers' Compensation i Professional Liability. 2. The Contractor shall furnish certificates of insurance to the ( before commencement of work. 3. The Contractor shall obtain occurrence coverage, exclud Professional Liabiljty 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 noticc 13 rev. 0111 2 0 0 the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coveras 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 exist policies in order that the required coverages may be maintained. The Contract01 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. ... ... ... ... .. . ... ... . .. ... ... ... ... I,, ... 14 rev. 0111 3 e e 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to rece written notice on behalf of the CityIDistrict and on behalf of the Contractor in connect with the foregoing are as follows: For City/District: Title William E. Plummer. P.E.. District Enqinee Name Carlsbad MuniciPal Water District Address 5950 El Camino Real Carlsbad. California 92008 For Contractor: Title Daniel Bovle. P.E.. President Name Daniel Bovle Enaineerinq, - Inc. Address 3142 Vista Wav, Suite 201 . Oceanside. California 92056 ArchiteWLicense Number: c ((D ,50G 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 patties relating to the subject matter hereof. Neither this agreement nor any provi: hereof may be amended, modified, waived or discharged except by an instrumen 15 rev. Ol/l C *. 0 0 writing executed by the party against which enforcement of such amendment, waiver discharge is sought. Executed by Contractor this CONTRACTOR: DANIEL B. BOYLE, P.E., President (print namehitle) By: (sign here) (print nameltitle) ALWMf+ENKM*b in/ ATTEST: 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 officer signs, the corporation must attach a resolution certified by the secretary or assistant secn under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RON LD R. BALL City tt ey/General Counsel BY 3 City Attorney/ d- ]3ep+ P-neraI Counsel CMWD 88-602 16 rev. 01 /I : 0 0 EXHIBIT ", page 1 o SCOPE OF WORK CANNON ROAD SEWER AND RECYCLED WATER IMPROVEMENT PLANS Project I: Avenida Encinas to Car Country Drive ESTIMATED MANHOURS(" SCOPE OF WORK 1. Overall project management and supervision. 2. Meet with District Staff to obtain background information, record drawings, as-built plans, etc. Contact utilities and obtain information in connection with other underground facilities. 3. Using information obtain in Task No. 2, prepare AutoCAD base sheets to be used for the pipeline plan and profile construction plans (3 sheets). 4. After completion of the base sheets, walk the job site to verify existing conditions. Also perform a one day land survey of the project site. 5. Design and preparation of the plan and profile construction plans for the sanitary sewer 24-inch diameter pipeline (3 sheets). 6. Design and preparation of the plan and profile construction plans for the recycled water 24-inch diameter pipeline (3 sheets). sheets (3 each). 7. Preparation of title sheet and general information 8. Preparation of detail sheets (3 each). 9. Preparation of Contract Documents and Construction Specifications. 10. Submittals to District Staff for review and comments at the 75 and 95-percent completion stages. 11. After receipt of all District comments on the 95- percent submittal, prepare and submit final signed and sealed Contract Documents, Specifications, Construction Plans and Engineer's Opinion of Construction Cost. 12. Miscellaneous meeting with District Staff throughout the course of design and preparation of the plans and specifications. ME 10 " 1 " 3 3 I 2 2 2 2 4 13. Preparation of traffic control plans. . 1 TOTAL PROJECT ESTIMATED MANHOURS 30 PROPOSED FEE $46,870 SE " 2 6 4 60 60 6 30 25 8 20 24 2 247 SUP - : " 8 18 4 90 90 18 24 " 12 20 " 2- .286 17 rev. 01/13 0 e ss. On {hgkf before me, Sd&& 7 98&6// NAME AND TITLE OF OFFICER personally appeared 2m;LEi Zy/E NAME(S) OF SIGNER(S) personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the personw wha is/a.Fe-subscribed to the within instrument and acknowledged to me that helsbeltbey executeb the same in authorized capacity(ies), and that by hislWtheiFsignature(Y.on the instrument the person@& or the entity up( which the personwacted, executed the instrument. I / I / (This area for official notary seal.) Title or Type of Document T&G ~6s r>..s/ R L &~*Ms ,&&em- /c Date of Document CMWD 88-602 A6e-f- 06 I \ ~ urn vwb uvl.,_.~c ELVULNHX~NG, JL !. Civil &neering Services ,k CERTIFIED RESOLUTION OF BOARD OF DIRECTORS OF DANIEL BOYLE ENGINEERING, INC. I, Cathy A. Boyle, Secretary of Daniel Boyle Engineering, Inc., a corporation organiz March 23, 1982 and existing under the laws of the State of California, do hereby cerl that at a duly convened meeting of the Board of Directors of Daniel Boyle Engineerir Inc., held on the 15th day of May, 1995, at the offices of said corporation at 23231 Sol Pointe Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was dl adopted: RESOLVED: That the following company officers are designated and authorized to execute and si! documents, or to sign the corporate name without limitation, except where othenvi provided by law, and such execution or signature shall be binding on the corporatior Daniel 8. Boyle; President or Thomas B. Hooker, Jr.; Vice-president IN WITNESS WHEREOF, I have hereunto set my hand as of the 15th day of May, 199 , Cathf A. Boyle,' SecHtary 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 (714) 768-2600 c, 0 0 1 RESOLUTION NO. 1,008 EXP 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, TO APPROVE AND TO PROVIDE ENGINEERING SERVICES ON CANNON 4 5 AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC. ROAD RECYCLED WATER TRANSMISSION MAN PHASE I. CMWD PROJECT NO. 88-602.35341 6 7 8 9 WHEREAS, Requests for Proposals were requested to provide the nec civil design services for preparation of plans and specifications for Cannor I1 Recycled Water Transmission Main Phase I, CMWD Project No. 88-602; and 10 11 Agua Hedionda Interceptor Phase I, CMWD Project No. 92406; the latter 12 presented to the City Council of the City of Carlsbad for review and approv 13 responses were received from Daniel Boyle Engineering, Inc. and O'Day Cons l4 and after review of the proposals, the staff recommended Daniel Boyle Engir l5 I/ Inc. based on an evaluation of their approach to the design; and 16 17 18 WHEREAS, the Board of Directors of the Carlsbad Municipal Water Di Carlsbad, California, has determined it necessary and in the public interest for a I9 and acceptance of a proposal from Daniel Boyle Engineering, Inc. to design pl: 20 21 specifications for Cannon Road Recycled Water Transmission Main Phase I, Project No. 88-602; and 22 WHEREAS, funds appropriated in the amount of $1,278,000 hav, 23 24 ' appropriated in the '1997-98 budget for the Cannon Road Transmission Main, ' project cost estimated for the civil design services for the Cannon Road Recycle 25 Transmission Main Phase I, CMWD Project No. 88-602, is $23,435 for eng 26 27 this project. 28 services and $2,565 for contingencies, therefore, there are sufficient funds avai 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors Carlsbad Municipal Water District, Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached three patty agreement between Daniel Boyle Engin Inc., the City of Carlsbad, and the Carlsbad Municipal Water District be approvl accepted; and 3. That the President, as representative of the Carlsbad Municipal District, is authorized and directed to execute.the proposed agreement between Boyle Engineering, Inc., the City of Carlsbad and the Carlsbad Municipal Water C PASSED, APPROVED AND ADOPTED at a special meeting of the Bc Directors of the Carlsbad Municipal Water District of Cartsbad, California, h 10th day of February , 1998, by the following vote to wit: AYES: Commissioners Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: ?& Q,/" ALETHA L. RAUTENKKNZ, Secretad (SEAL)