HomeMy WebLinkAboutAirx Utility Surveyors; 2000-05-15;r * h
AGREEMENT FOR
FINAL DESIGN OF 30”, 24” AND 12” POTABLE WATER
TRANSMISSION MAINS AND 18” RECYCLED
WATER TRANSMISSION MAIN
THIS AGREEMENT is made and entered into as of the KY- day of
/hq 9 20 00, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911,
and a Subsidiary District of the City of referred to as “District” and
~J&?m/7v&d5ht+?~dG, /QC. c%- /&a AIRX Utility Surveyors, hereinafter
District requires the services of a utility surveyor Contractor to provide the
necessary utility location services for preparation of final design of 30”, 24” and
12” potable water transmission mains and 18” recycled water transmission main; and
Contractor possesses the necessary skills and qualifications to provide the services
required by District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, District and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Refer to Exhibit “A”, attached hereto and made a part hereof.
2. DISTRICT OBLIGATIONS
The District shall provide the traffic control and surveyor services under separate
contracts. The District will waive right-of-way permit fees and provide coordination
between the traffic control, surveyor, and the Contractor.
Rev. 4/27/00
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the District and be completed within ten (10) working days of
that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the Deputy City Engineer-Design. The Deputy City Engineer-
Design will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Contractor, or
delays caused by District inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, “Changes in Work.” The District reserves the right to
withhold a ten percent (10%) retention until the project has been accepted by the
District.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of thirty (30) days from date thereof.
The contract may be extended by the Executive Manager for zero (0) additional one (1)
year periods or parts thereof, based upon a review of satisfactory performance and the
District’s needs. The parties shall prepare extensions in writing indicating effective date
and length of the extended contract.
Rev. 4/27/00
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within thirty (30) days of completion and approval of the utility locations, the
Contractor shall deliver to the District the following items:
8. CHANGES IN WORK
If in the course of the contract, changes seen merited by the Contractor or the
District, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the District may request a
change in contract. Such changes shall be processed by the District in the following
manner: A letter outlining the required changes shall be forwarded to the District by
Contractor to inform them of the proposed changes along with a statement of estimated
changes in charges or time schedule. A Standard Amendment to Agreement shall be
prepared by the District and approved by the District according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to
Agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
Rev. 4/27/00
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award of making of this agreement. For breach or violation of this warranty,
the District shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or othewise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the Executive Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver
said documents owned by the District and all work in progress to the
Deputy City Engineer-Design. The Deputy City Engineer-Design shall make a
determination of fact based upon the documents delivered to District of the percentage
of work which the Contractor has performed which is usable and of worth to the
4 Rev. 4/27/00
District in having the contract completed. Based upon that finding as reported to the
Executive Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the District, the Contractor shall assemble the work product and put
same in order for filing and closing and deliver said product to District. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
Executive Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the District must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the District, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Codes sections 12650 et sea., the False Claims Act, provides
for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If the Carlsbad
Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it
is entitled to recover its litigation costs, including attorney’s fees. The Contractor
acknowledges that the filing of a false claim may subject the Contractor to an
5 Rev. 4/27/00
administrative debarment proceeding wherein the Contractor may be prevented to act
as a Contractor on any public work or improvement for a period of up to five years. The
Contractor acknowledges debarment by another jurisdiction is grounds for the Board of
Directors to disqualify the Contractor from the selection process.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incor
13. JURISDICTION
Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is
San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the District Contractor shall be under control of the District
only as to the result to be accomplished, but shall consult with the District as provided
for in request for proposal. The persons used by the Contractor to provide services
under this agreement shall not be considered employees of the District for any
purposes whatsoever.
Rev. 4/27/00
The Contractor is an independent Contractor of the District. The payment made
to the Contractor pursuant to the contract shall be the full and complete compensation
to which the Contractor is entitled. The District shall not make any federal or state tax
withholding on behalf of the Contractor or its employees or subcontractors. The District
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the District and the City of Carlsbad within 30 days for
any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers’ compensation payment which the District and the City of Carlsbad
may be required to make on behalf of the Contractor or any employee or subcontractor
of the Contractor for work done under this agreement or such indemnification amount
may be deducted by the District and the City of Carlsbad from any balance owing to the
Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
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 all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The District will provide copies of the approved plans to any other agencies.
Rev. 4/27/00
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the District, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the District.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in District and hereby agrees to relinquish all
claims to such copyrights in favor of District.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the “District” and the “City” .
and their officers, officials, employees and volunteers from any and against all claims,
damages, losses and expenses including attorney fees arising out of the performance
of the work described herein caused in whole or in part by any willful misconduct or
negligent act or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the District.
Rev. 4/27/00
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible the District for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly or indirectly employed by Contractor. Nothing contained in this contract
shall create any contractual relationship between any subcontractor of Contractor and
the District. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the District.
21. PROHIBITED INTEREST
No official of the District who is authorized in such capacity on behalf of the
District to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or employee of the District
who is authorized in such capacity and on behalf of the District to exercise any
executive, supervisory, or similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally in this contract or any
part thereof.
Rev. 4/27/00
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
District, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the 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,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The District has determined, using the guidelines of the Political Reform Act and
the District’s conflict of interest code, that the Contractor will not be required to file a
conflict of interest statement as a requirement of this agreement. However, Contractor
hereby acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
10 Rev. 4/27/00
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any ‘?
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less that “‘A-Y and shall meet the District’s policy for
insurance as stated in Resolution No. 772.
A. Coveraaes and Limits
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the General Counsel or
Executive Manager.
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the District). $1 ,OOO,OOO combined single-limit per accident for
bodily injury and property damage.
11 Rev. 4/27/00
3. Worker’s Compensation and Employer’s Liability. Worker’s
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The District and the City of Carlsbad shall be named as an
additional insured on all policies excluding Workers’ Compensation and Professional
Liability.
2. The Contractor shall furnish certificates of insurance to the District
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the District sent by certified mail.
If the Contractor fails to maintain any of the insurance coverages
required herein, then the District will have the option to declare the Contractor in
breach, or may purchase replacement insurance or pay the premiums that are due on
12 Rev. 4/27/00
existing policies in order that the required coverages may be maintained. The
Contractor is responsible for any payments made by the District to obtain and maintain
such insurance and the District may collect the same from the Contractor or deduct the
amount paid from any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or the
receive written notice on behalf of the District and on behalf of the Contractor in
connection with the foregoing are as follows:
For District: Title
Name
Address
For Contractor: Title
Name
Deputy City Engineer-Design
William E. Plummer
1635 Faraday Avenue
Carlsbad, CA 92008
President
4407 Manchester Ave., Suite 105
Encinitas, CA 92024
Architect/License Number- 776506 - COntraCtOr'S LiCenSe ChSS A . CA PE 38144
26. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
13 Rev. 4/27/00
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this // day of #By ,2005.
CONTRACTOR: &@-e
~‘AAJO/&GU/l &oJEm/d~~&. A94 CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the
AIRX UTILITY SURVEYORS MuniciDal Water Act of 1911, and a
By: LI (sign here)
/Pzw /. /Qx
(print name and title)
& La PO-/ axeaY+q I (print nAme/title) 1
+pycOsdLicense Number
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.)
APPROVED AS TO FORM
RONALD R. BALL
CMWD No.
14 Rev. 4/27/00
c
-
State of California
fiplh) h&o County of >
ss.
On u&I 1\!2660 , before me, f Dale Name and Title of Officer (e.g., “Janeboe, Notary Public”)
personally appeared 3xht.l L.f?-lva P&j> l?#Jwq LNJUMJ ,
Name(s) of Signer(s)
bb sonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
LBUE A. COlHRAN
Commis&n # 1218673 t NoforyPlJbk-coilfanb g
San Diego County MyComm.Exp&sMuy9.2
acknowledged to me that be/she/they executed
the same in t+Mher/their authorized
capacity(ies), and that by b&her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESSmy hand and official seal.
Place Notary Seal Above
C&&6_. (TA&L--
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: I\! zmo
Signer(s) Other Than Named Above:
Number of Pages: 1kk
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
@Xorporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: $IJ l5 b&Q A?a UPL1d 5 UWjKv&5!
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free 1 -BOO-1376-6827
Bm CERTIFICA’, i OF LIABILITY INSUtaNC&I;3 1 DATE (MMIOD/YY)
05/11/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Teague Insurance Agency, Inc. NO RIGHTS UPON THE CERTIFICATE License #OS25512 CERTIFICATE DOES NOT AMEND, EXTEND OR
5550 Baltimore Dr. Suite 100 E COVERAGE AFFORDED BY THE POLICIES BELOW.
La Mesa CA 91942
.$!jy ; q Phone:619-464-6851 Fax:619-464-1901 INSURERS AFFORDING COVERAGE
INSURED INSURER A: First Financial Insurance Co.
San pie ir it0 Engineering, Inc.
$4 O?&chester Ave. - Ste 105 Encinitas CA 92024 INSURER E: Weataart Insurance Camaanv
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
WOCY lTsRR TYiE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDDiW) LIMITS
GENERAL LlASlLlTY EACH OCCURRENCE s1,000,000
A X COMMERCIAL GENERAL LIABILITY Q510 5 0 1 03/17/00 03/17/01 FlREDAMAGE(Anyonefm) 5 100,000
CLAIMS MADE jjij OCCUR MED EXP (Any one person) Sl,OOO -.------
PERSONAL 8 ADV INJURY s1,000,000
GENERAL AGGREGATE s2,000,000
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG t Included
PoLlcY PRO. JECT LOC
AUTOMOBILE LIABILITY k- COMBINED SINGLE LIMIT B' ANY AUTO 10000017750 03/06/00 03/06/01 (Eaaaideno s1,000,000
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) s
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) t
PROPERTY DAMAGE (Per acedent) S
GARAGE LlABlLlTY
F
AUTO ONLY - EA ACCIDENT t
ANY AUTO OTHERTHAN EAACC S
AUTO ONLY: AGG S
EXCESS LlABlLllY EACH OCCURRENCE s1,000,000
C! m OCCUR cl CLAIMSMADE EDIbIOO205 03/17/00 0 3 / 17 / 0 1 AGGREGATE s1,000,000
5
DEDUCTIBLE f
X RETENTlON s10,000 s
WORKERS COMPENSAllON AND WC x 1 TOR%iSI mm 1 ER- ._-.-
DI
EMPLOYERS’ LIABILITY 1554930 03/17/00 / 09/01/00 E.L. EACH ACCIDENT s1,000,000
E.L. DISEASE - EA EMPLOYEE S 1, 0 0 0, 0 0 0
E.L. DISEASE - POLICY LIMIT S 1, 0 0 0 , 0 0 0
OTHER
E Professional Liab. AEPL1006360 04/26/00 04/26/01 Limit $1,000,000
IESCRIPTION OF OPERATtONSkOCAIlONYEHICLESIEXCLUSlONS ADDED BY ENDORSEMENTISPEClAL PROVISIONS 10 days notice of cancellation will be given for non payment of premium.
Certificate holder is named as additional insured with respects to all
operations of named insured.
CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LElTER: CANCELLATION -
CILS _ 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOtj
City of Carlsbad Attn: Mikhail Ogawa 1635 Faraday Avenue Carlsbad CA 92008
DATE THEREOF THE ISSUING INSURER WlLL B MAlL 30 DAYSWRITTEN
ACORD 25-S (7/97) OACORD CORPORATION 1988
,h
POLICY NUMBER: QS 10501
INSURED NAME: San Dieguito Engineering, Inc.
(1 l/85)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CG20101185
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Carlsbad
Job/Project: All Operations
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this endorsement.
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of ‘your
work’ for that insured by or for you.
5-22-200 10:37AM FROMz60 943 8236
P. 2
,-
4407 Manchestw Ave * 5&e 105 Tei 760.436.AIRX (2479)
Enclnms Calliornm 92024 Fah 760 943.8236
May 9,200O (Revised)
Mi khail Ogawa
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Subject: Utility Potholing for CMWD, Project No. 98-104
Dear Mr. Ogawa:
AirX Utility Surveyors is pleased to provide this proposal for air vacuum excavation potholing
services to determine the location of existing utilities along El Camino Real and along
Cassia Road.
This proposal provides for approximately 35 to 40 potholes comprised of locating water,
telephone, reclaimed water and a 30” gas main. We have assumed that all depths are less
than six feet without a slurry backfill.
AirX Utility Surveyors has not included traffic control in accordance with your request.
It is my understanding from my discussions with Daniel Smith at Daniel Boyle Engineering
that survey locations will be provided at the intersection of Cassia Road and El Camino Real and at tine intersection of Paiomar Airport Road and El C- --. 01 I 1ifi0 ES&. A 3 . . ditional pints dons
the way will be surveyed for locations where the proposed crossings, cannot be easily
ascertained from surface features shown on the plan without going outside the limits of our
traffic control plan. To clarify this statement Airx will be able to determine the approximate
location of the proposed utilities at locations where a median curb is shown on the plan and
in the direct vicinity of the pothole operation, but this determination would be difficult and
dangerous at intersections where physical features such as curbs are not readily available
within the area of the pothole operation and within the safety zone defined in the traffic
control plan. Survey services are avai@ble from AirX Utility Surveyors, but again it is my
understanding that these services will be provided by Daniel Boyle Engineering, therefore
this proposal excludes this task.
AirX Utility Surveyors will pothole the existing utilities using air vacuum excavation
equipment and install a permanent above ground marker (i.e PK nail, steel pin, hub etc.)
over the utility. We will back611 the hole using native material properly compacted with an
asphalt patch. A data sheet will be provided indicating the location of the above ground
marker in relation to the potholed utility along with the approximate thickness of the
-
pavement, the depth of the utility from the above ground marker and the size and composition of
the existing utility. AirX Utility Surveyors proposes to provide this service for a per hole fee of
$400.00.
Please feel free to call if you have any questions.
Sincerely.
President
IRF/Ik
file/locations/AirX
AMENDMENT NO. 1 TO AGREEMENT
7 f4 This Amendment is entered into and effective as of the day of
/tvm!ST ) 200&, amending the agreement dated May 15,200O by and between the
City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and San Dieguito
Engineering, Inc., DBA AirX Utility Surveyors, hereinafter referred to as, “Contractor” for utility
location services, otherwise known as “potholing”, in El Camino Real and Cassia Road.
RECITALS
WHEREAS, the initial agreement, dated May 15, 2000 identified a scope of work
as follows: 40 potholes, six feet deep or less, without cement slurry backfill for a not-to-exceed
price of $400 per hole, or $16,000; and
WHEREAS, the parties to this aforementioned agreement desire to alter the
scope of work as follows: 44 potholes, with depths exceeding six feet, with or without cement
slurry backfill for a not-to-exceed price of $20,600; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto, and as shown on Exhibit “A” Scope of
Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A”.
2. City shall pay Contractor for all work associated with Paragraph 1 above,
on a time and materials basis not-to-exceed $20,600. Contractor shall provide City on a monthly
basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and
related activities and costs for approval by City.
2/2/98
3. Contractor shall complete all work outlined on the attached Exhibit “A” by
July 31,2000, or by expiration of the agreement amended hereby.
4. All other provisions of the aforementioned agreement entered into on
May 15,2000, by and between City and Contractor shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR:
SAN DIEGUITO ENGINEERING, INC.,
DBA AIRX UTILITY SURVEYQRS
(sign here)
(print name/titl$)’
CITY OF CARLSBAD, a municipal
August 17, 2000
DATE
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
212198
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July 21,200O
Mr. Jon Schauble
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Potholing CMWD - Project number: (98-104)
Dear Mr. Schauble
Persuant to our meeting, I’m advising you in writing that AirX Utility Surveyors encountered conditions in
the field beyond the original scope of work. Specifically conditions were encountered with the depth and
backfill of the existing utilities. A cement slurry backfill and depths in excess of six feet was encountered in
15 holes that warrant additional charges. It was pointed out in the original proposal letter that either of
these conditions would require additional work. We are therefore respectfully requesting an additional
$200 per pothole where either or both of these conditions were encountered. We are requesting the
additional compensation on holes 10, 11, 18, 19,26,28,29,30,34,40,42,46,49,5O,and 5 1. AirX Utility
Surveyors potholed a total of 5 5 holes with 10 of the holes being paid for by Kender Morgan for the 10
inch and 16 inch fuel line. One of the holes erroneously exposed a 1 O-inch fuel line while excavating at a
Pacific Bell located point; therefore, the total number of holes billable to the City of Carlsbad is 44. I have
attached a copy of the total pothole records for your review. I have also attached an invoice for 44 holes at
$400 amounting to $17,600, plus 15 holes with an additional charge of $200 amounting to $3,000 for a
total invoice of $20,600. I will be out of the office until July 3 1, but feel free to call with any questions
that you may have regarding this letter and the attached invoice on my return.
It has been a pleasure providing Air Utility Surveyors services to the City of Carlsbad for potholing your
existing utilities utilizing air/vacuum excavation. We look forward to providing you service in the future.
Sincerely
President
Attachment
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
&A13 h&D County of 1
ss.
On mht%f 71 zboo , before me, &ug A* cbw,uaw poI(??uL; Date Name and Title of Officer (e.g., “J&w Doe, Notary PLblic”)
personally appeared nGw E-* &Nl i%uJ m2&!/ c. J-cLILeohJ
Nam$s) of Signer(s)
,
& ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
y hand and official seal.
Place Notary Seal Above
-
,G~ - .
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: kwl5f’-L tom Number of Pages: +lJ CL
Signer(s) Other Than Named Above: / CrnhtijlltCyh
Capacity(ies) Claimed by Signer
Signer’s Name: a td @-. A3L Fa.9.h lgw&/ uwtiad
0 Individual
i+ orporate Officer - Title(s):
0 Partner - q Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
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