HomeMy WebLinkAboutRight-of-Way Engineering Services Inc; 1996-10-08;v e e
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January 28,1998
TO:
FROM:
KAREN KUNDTZ, DEPUTY CITY CLERK
William E. Plummer, District Engineer
AMENDMENT NO. 2 TO AGREEMENT FOR PREPARATION OF CONSTRUCTI(
SURVEY SERVICES FOR MAERKLE RESERVOIR COVER AND LINER, CMWD !
I09
Attachment is the original subject amendment no. 2 for review and signature of L
Rautenkranz and Jane Mobaldi. Please return a copy of the fully executed amendmc
to Sandy Schuck for further processing.
If you have any comments or require any additional information, please contact me
ext. 125.
Sincerely,
&&/:FA WILLIAM E. PLUMMER, P.E.
District Engineer
WE P : sj s
attachment
CMWD 98-1 01
I a e
t. AMENDMENT NO. 2 TO AGREEMENT
da) This Amendment is entered into and effective as of the fi
- , 199c, amending the agreement dated October 8,1996 by ar US between the Carlsbad Municipal Water District, a municipal corporation, hereinafter referrec
as “District”, and Riqht-Of-Wav Enqineerinq Services, Inc., hereinafter referred to
“Contractor” for construction survey services for Maerkle Reservoir Cover and Lin
CMWD Proiect No. 90-109.
RECITALS
WHEREAS, the initial agreement, dated October 8, 1996 identified a scope
work for preparation of construction survey services for Maerkle reservoir cover a
liner. CMWD Proiect No. 90-109
; and
WHEREAS, the parties to this aforementioned agreement desire to alter
scope of work as follows See attached Exhibit “A”
; and
WHEREAS, a supplemental scope of work and fee schedule have bc
negotiated and agreed to between the parties hereto, and shown on Exhibit “A Scope
Services and Fee;
NOW THEREFORE, in consideration of these recitals and the mutual covena
contained herein, the District and Contractor agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A.
2. District shall pay Contractor for all work associated with Paragraph 1 abo
on a time and materials basis not-to-exceed $2.030.00. Contractor shall provide District 01
monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rat
and related activities and costs for approval by District.
9/1 li
0 0
3. All other provisions of the aforementioned agreement entered into
October 8. 1996, by and between District and Contractor shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor SI
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTRR
a municipal corporation of the State
RIGHT-OF-WAY ENGINEERING, INC. California
(name of Contractor)
By: By:
CECIL E. RYALS, P.L.S., President
(print namehitle) ATTEST:
By:
(sign here)
(print nameltitle
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporation:
only one officer signs, the corporation must attach a resolution certified by the secretar
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By:
CMWD 90=109
9/ 1
EXHIBIT "
(page 1 of
0 0
SCOPE OF WORK
PROJECT: SITE TOP0 AND BASE MAPPING AT THE WESTERLY END
APPLEWOOD LAND EASTERLY OF SEQUOIA CREST F
MAERKLE RESERVOIR ACCESS ROAD APPROACH AND WE
CONSTRUCTION
1. SCOPE OF WORK
HOURS rn
1. Perform a site top0 survey tied to 8 $1,08(
subdivision boundary.
2. Prepare base mapping at a scale of 1" = 20'
with spot elevations.
10 6%
3. Note Reduction 2 15(
4. Supervision and coordination 2 15(
TOTAL (TIME AND MATERIAL) NOT TO EXCEED $2,03(
A' 0 0
STATE OF CALIFORNIA 1 \ss.
U COUNTYOF %d D/es 1 e-.
-. E@ 7- 22 /%w4 /?%,m%W NAME AND TITLE OF OFFICER
On {h$& before me,
personally appeared
personally known to me - OR - *a
tn the within instrument and acknowledqed to me that helshelthew
L €q /VH LS NAME@) &SIGNER(S)
.. --(-bi
\lGllt. -
(This area for official notary seal.)
Title or Type of Document .;r 2 i-3 AGA?EZZ~Ofd7-
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 90-1 09
c
0 e
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIGfIT-OF-NAY ENGINEERING SERVICES, INC.
A California Corporation
The uridersiyned, being all of the Directors ofi- RIGHT-OF
ENGINEERING SERVICES, INC., A California Corporation, by writing approve the following resolutions and consent to t
adopt i 011 :
WHEREAS, the Board of Directors of this Corporation des
to yKant Lo the OfEicers oE this Corporation, the power to exe all corporate iimtrumeiits and documents, or to siqnt the corpo
name without limitation, each acting alone and without approva
signature of any other corporate officer.
NOW, THEREFORE, BE IT RESOLVED, that CECXL E. RYALS is he
author-izctl and directed to act alone in signing any and
corporate documents of any Iciud or nature, and/or re1
instrurneiits, for lhe belief it of the Corporation, on such terms
conditions as CECIL E. RYALS, in his sole discretion, d
advisable and in the best interest of the Corporation.
I
,
This consent is executed pursuant to subdivision (b Section 307 of the California Corporations Code, and is to be f
with the Minutes of Board proceedings.
Executed effective January 1, 1990.
* -. JZ!Z.& /
CECIL 4. R
Director l
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Director
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June 11,1997
TO:
FROM: Bill Plummer, District Engineer
KAREN KUNDTZ, DEPUTY CITY ATTORNEY
AMENDMENT NO. 1 TO AGREEMENT DATED 10/8/96 FOR MAERKLE RESERVl
COVER AND LINER, CMWD PROJECT NO. 90-109
Attached is the subject Amendment No. I to the agreement dated 10/8/96
preparation of construction survey services to Maerkle Reservoir Cover and Lit
Please obtain signatures of Secretary and General Counsel. Please return a cop!
fully executed amendment to Sandy Schuck for further processing with contractor l
purchasing department.
If you have any comments or require any additional information, you may reach mt
ext. 126.
Sincerely,
M6 ' 5P& WILLIAM E. PLUMMER, P.E.
District Engineer
WEP:sjs
attachment
CMWD 90-109
$.:
$52 m
dALp2 F
0 0
AMENDMENT NO. I TO AGREEMENT
This Amendment is entered into and effective as of the dab p& , 199/9, amending the agreement dated October 8,1996 by
between the Carlsbad Municipal Water District, a municipal corporation, hereinafter referre
as “District”, and Riqht-of-Wav Enqineerinq Services, Inc. , hereinafter referred to
“Contractor” for construction survev services for Maerkle Reservoir Cover and Li
CMWD Project No. 90-109.
RECITALS
WHEREAS, the initial agreement, dated October 8, 1996 identified a stop(
for preparation of construction survev services for Maerkle Reservoir Cover g work
Liner, CMWD Proiect No. 90-109
; an
WHEREAS, the parties to this aforementioned agreement desire to alter
scope of work as follows See attached Exhibit “A”
; and
WHEREAS, a supplemental scope of work and fee schedule have b
negotiated and agreed to between the parties hereto, and shown on Exhibit “A Scopt
Services and Fee;
NOW THEREFORE, in consideration of these recitals and the mutual coven:
contained herein, the District and Contractor agree as follows:
1. Contractor shall provide services as outlined on the attached Exhibit “A’.
2. District shall pay Contractor for all work associated with Paragraph 1 abc
on a time and materials basis not-to-exceed $ 5,000.00 . Contractor shall provide District c
monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly ra
and related activities and costs for approval by District.
9/11
0 0
3. All other provisions of the aforementioned agreement entered into
October 8. 1996, by and between District and Contractor shall remain in full force and effecl
4. All requisite insurance policies to be maintained by the Contractor I
include coverage for the amended assignment and scope of work.
Acknowledged and Accepted:
CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTR
RIGHT-OF-WAY ENGINEERING, INC. a municipal corporation of the State
California
(name of Contractor) BY:^/^+&- By:
CECIL E. RYALS, P.L.S., President
(sign here)
(print namehitle) ATTEST:
By:
(sign here)
I
(print n a me/t i tle
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporation
only one officer signs, the corporation must attach a resolution certified by the secretar
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By:
CMWD 90-109
9/1
0 EXHIBIT "A" .* Right-Of- Way ring Services, Inc.
MAY 16, 1997
MR. BILL LOPEZ
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMIYO REAL CARLSBAD, CA. 92008
SUBJECT: MAERKLE RESERVOIR EXTRAS
DEAR BILL,
AS SUBJECT PROJECT NEARS COMPLETION, I HAVE REVIEWED OUR BUDGET A
THE REMAINING FUNDS TO COMPLETE THE SAME.
AT YOUR DIRECTION, WE HAVE PERFORMED A NUMBER OF TASKS AND RESTAX
DUE TO DESIGN AND FIELD CHANGES TO FACILITATE THE TIMELY COMPLETI
OF THIS PROJECT. AS A RESULT OUR REMAINING FUNDS +$5000.00 IS N
ENOUGH TO COMPLETE THE TASKS REMAINING.
IT HAS BEEN DETERMINED THAT IT WILL TAKE AN ADDITIONAL $5000.00
BRING OUR WORK TO 100% COMPLETION.
YOUR CONSIDERATION IN HONORING THIS CHANGE ORDER REQUEST WILL
GREATLY APPRECIATED.
THE EXTRA TASKS PERFORMED ARE AS FOLLOWS;
1. RESTAKE AND REDESIGN SLOPES ON WESTERLY SIDE TO CLEAR EXISTING STREET, STRUCTURES AND TREES.
2. STAKE DAY LIGHT LINE WITHIN RESERVOIR, STAKES WERE PLACED AT ALL INTERSECTING FINISH CONTOUR LINES.
3. TRANSFER LINE AND GRADE STAKES ON EASTERLY AND NORTHERLY PERIMETER TO SHORTEN OFFSETS FOR CONSTRUCTION OF ACCESS ROAD AND DITCH.
4. REDESIGN OUTLET STRUCTURE, PIPES AND BOXES TO FIT MODIFIED BOTTOM OF DAM.
5. RESTAKE PERIMETER WATERLINE DUE TO PLAN COORDINATE DISCREPANC
THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER.
SINCERELY,
C\CAlUSBWRO-
'* PRESIDENT CECIL *:- 4%:s. E. RY
4167 Avenida de la Plata Suite 114 Oceanside, CA 92056 (760) 732-1366 FAX (760) 73
* e 0
t
RESOLUTIONS AJIOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIGHT-OF-WAY ENGINEERING SERVICES, INC.
A California Corporation
The undersj.yned, being all of the Directors of RIGHT-0
ENGINEERING SERVICES, INC., A California Corporation, by
writing approve the following resolutions and consent to
ado p t i on :
~ WHEREAS, the Board of Directors of this Corporation de
to gLant to the OEficers of this Corporation, the power to ex
all corporate i~ist~uunierits and documents, or to sign the corp
name without limitation, each acting alone and without approv
signature of any other corporate officer.
NOW, THEREFORE, BE IT RESOLVED, that CECIL E. RYALS is h
authuriectl and directed to act alone in signing any anc corporate documents of any kind or nature, and/or re instruments, for Lhe benefit: of the corporation, on such term conditions as CECIL E. RYALS, in his sole discretion,
advisable and in the best interest of the Corporation.
This consent is executed pursuant to subdivision (I
Section 30'1 of the California Corporations Code, and is to be
with the Minutes of Board proceedings.
Executed effective January 1, 1990.
L-flgZ.4
CECIL RY Director
I -
/ TAN '*cJ 4 ZA-
G. DUANE NIkON
Director
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1
STATE OF CALIFORNIA
COUNTY OF
ss .
On before me,
-!? iy -- teC?,'L .L.- K/.L L personally appeared
NAME(S) OF SIGNER@)
personally known to me - OR - .. proved to me on the basis of satisfactory evidence to be the person(s) whc
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upc
which the person(s) acted, executed the instrument.
SANDRA J. SCHUCK COMM. #lW132Q Notary PMic - Callftmia SiRI DIEGO CQUNW
. - --~FJW--- -4
hand and official seal.
comm. €pirm8eT 33.1 w
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 90-109
06/
i a e
October 11 , 1996
TO:
FROM:
KAREN KUNDTZ, DEPUTY CITY CLERK
William E. Plummer, District Engineer
AGREEMENT FOR LAND SURVEYING SERVICES FOR MAERKLE COVER AP
LINING, CMWD PROJECT NO. 90-109
Attached is the original subject agreement executed by the Consultant. Please obt:
signatures of the President of the Board of Directors, the Secretary of the Board
Directors, and the Deputy General Counsel. Please return a fully executed copy of tl
agreement to the Sandy Schuck at CMWD Engineering Department for furth
processing with purchasing and consultant.
The agreement was approved and authorized at the Board of Directors Meeting
October 1 , 1996, by Agenda Bill No. 344 and adopted by Resolution No. 958. If y'
have any comments or require any additional information, please give me a call.
Sincerely,
d5l72Pa
WILLIAM E. PLUMMER, P.E.
District Engineer
WEP:sjs
CMWD 90-109
0 0 1.
-4 .,
.. . AGREEMENT
THIS AGREEMENT, made and entered into as of the 8TH day
OCTOBER , 19 96 , by and between the CARLSBAD MUNICIPAL WATE
DISTRICT, a municipal corporation, hereinafter referred to as "District", and RlGH
OF-WAY ENGINEERING SERVICES, INC., hereinafter referred to as "Contractor."
RECITALS
District requires the services of a Land Surveying
land surveying Contractor to provide the necessary
services for preparation of construction survey services for Maerkle Reservc
Cover and Liner, CMWD Proiect No. 90-109; and Contractor possesses tl
necessary skills and qualifications to provide the services required by the District;
NOW, THEREFORE, in consideration of these recitals and the muti
covenants contained herein, District and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
See Exhibit "A" attached hereto and made a part hereof.
1
rev. 3/25
0 0 '.
- .. 2. DISTRICT OBLIGATIONS
The District shall provide improvement plans of Maerkle Cover and Lin
CMWD Project No. 90-109.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt
notification to proceed by the District and be completed within di
of that date. Extensions of time may be granted if requested by the Contractor a
agreed to in writing by the District Engineer . The District Engineer
will give allowance for documented and substantiated unforeseeable and unavoidal
delays not caused by a lack of foresight on the part of the Contractor, or delays caus
by District inaction or other agencies' lack of timely action.
4.
730
FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $ 32,660.00
No other compensation for services will be allowed except those items covered
supplemental agreements per Paragraph 8, "Changes in Work." The District resen
the right to withhold a ten percent (10%) retention until the project has been accepl
by the District.
Incremental payments, if applicable, should be made as outlined in attact-
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of 730 calendar days fr
rev. 3l2f
2
0 0 . &o -. .,
date thereof. The contract may be extended by the Executive Manager for
additional one (I) year periods or parts thereof, based upon a review of satisfactc
performance and the District's needs. The parties shall prepare extensions in writi
indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
N/A
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 N/A days of completion and approval of the District Enqinc
the Contractor shall deliver to the District the following items:
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or 1
District, and informal consultations with the other party indicate that a change in 1
conditions of the contract is warranted, the Contractor or the District may reques
change in contract. Such changes shall be processed by the District in the follow
manner: A letter outlining the required changes shall be forwarded to the District
Contractor to inform them of the proposed changes along with a statement of estimai
changes in charges or time schedule. A Standard Amendment to Agreement shall
prepared by the District and approved by the District according to the procedur
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment
Agreement shall not render ineffective or invalidate unaffected portions of '
agreement.
rev. 312:
3
e 0 '. -. .,
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained a
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 a
company or person, other than a bona fide employee, any fee, commissic
percentage, brokerage fee, gift, or any other consideration contingent upon,
resulting from, the award or making of this agreement. For breach or violation of tl
warranty, the District shall have the right to annul this agreement without liability, or,
its discretion, to deduct from the agreement price or consideration, or otherwi
recover, the full amount of such fee, commission, percentage, brokerage fees, gift,
contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regardi
nondiscrimination.
11. 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 Executive Manager may terminate this contract
nonperformance by notifying the Contractor by certified mail of the termination of 1
contractor. The Contractor, thereupon, has five (5) working days to deliver s
documents owned by the District and all work in progress to the District Engineer
The District Engineer shall make a determination of fact based upon i
documents delivered to District of the percentage of work which the Contractor t
performed which is usable and of worth to the District in having the contract completl
rev. 312:
4
e 0 8. -. ..
Based upon that finding as reported to the Executive Manager, the Manager sh
determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (2
days written notice to the other party. In the event of such suspension or terminatic
upon request of the District, the Contractor shall assemble the work product and F
same in order for proper filing and closing and deliver said product to District. In t
event of termination, the Contractor shall be paid for work performed to the terminati
date; however, the total shall not exceed the lump sum fee payable under paragraph
The Executive Manager shall make the final determination as to the portions of tas
completed and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under tt
agreement, the following procedure shall be used to resolve any question of fact
interpretation not otherwise settled by agreement between parties. Such questions
they become identified as a part of a dispute among persons operating under t
provisions of this contract, shall be reduced to writing by the principal of t
Contractor or the District Enqineer A copy of such document
dispute shall be forwarded to both parties involved along with recommended metho
of resolution which would be of benefit to both parties. The District Engineer
principal receiving the letter shall reply to the letter along with a recommended meth
of resolution within ten (1 0) days. If the resolution thus obtained is unsatisfactory to t
aggrieved party, a letter outlining the dispute shall be forwarded to the Board
Directors for their resolution through the Office of the Executive Manager. The Bo:
rev. 3/25
5
0 0 '. .. ..
of Directors may then opt to consider the directed solution to the problem. In SUI
cases, the action of the Board of Directors shall be binding upon the parties involve
although nothing in this procedure shall prohibit the parties seeking remedies availak
to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the District must 1
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledg
that if a false claim is submitted to the District, it may be considered fraud and t
Contractor may be subject to criminal prosecution. The Contractor acknowledges tt
California Government Code sections 12650 et seq., the False Claims Act, provides '
civil penalties where a person knowingly submits a false claim to a public entity. The
provisions include false claims made with deliberate ignorance of the false informati
or in reckless disregard of the truth or falsity of information. If the Carlsbad Municii
Water District seeks to recover penalties pursuant to the False Claims Act, it is entitl
to recover its litigation costs, including attorney's fees. The Contractor acknowledg
that the filing of a false claim may subject the Contractor to an administrati
debarment proceeding wherein the Contractor may be prevented to act as a Contrac
on any public work or improvement for a period of up to five years. The Contrac
acknowledges debarment by another jurisdiction is grounds for the Carlsbad Municipl
Water District to disqualify the contractor from the selection process.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 32.0;
rev. 312:
6
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L.
and 3.32.028 pertaining to false claims are incorporated herein by reference.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractoi
own way as an independent contractor and in pursuit of Contractor's independe
calling, and not as an employee of the District. Contractor shall be under control of tt
District only as to the result to be accomplished, but shall consult with the District i
provided for in the request for proposal. The persons used by the Contractor to provic
services under this agreement shall not be considered employees of the District for a
purposes whatsoever.
The Contractor is an independent contractor of the District. The payment ma
to the Contractor pursuant to the contract shall be the full and complete compensati
to which the Contractor is entitled. The District shall not make any federal or state 1
withholdings on behalf of the Contractor or his/her employees or subcontractors. T
District shall not be required to pay any workers' compensation insurance
unemployment contributions on behalf of the Contractor or his/her employees
subcontractors. The Contractor agrees to indemnify the District within 30 days for s
tax, retirement contribution, social security, overtime payment, unemployment paymi
or workers' compensation payment which the District may be required to make
behalf of the Contractor or any employee or subcontractor of the Contractor for w
done under this agreement or such indemnification amount may be deducted by
District 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
rev. 3/2!
7
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limited to, verifying the eligibility for employment of all agents, employee
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 approval
necessary.
The District will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as her€
required are the property of the District, whether the work for which they are made
executed or not. In the event this contract is terminated, all documents, plar
specifications, drawings, reports, and studies shall be delivered forthwith to the Distri
Contractor shall have the right to make one (I) copy of the plans for hidher 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 District and hereby agrees to relinquish
claims to such copyrights in favor of District.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the Carlsbad Municipal Wa
District and its officers, officials, employees and volunteers from and against all clain
damages, losses and expenses including attorney fees arising out of the performan
of the work described herein caused in whole or in part by any willful misconduct
rev. 3/25
8
0 0 a. .. ..
-. negligent act or omission of the contractor, any subcontractor, anyone directly 1
indirectly employed by any of them or anyone for whose acts any of them may be liabl
except where caused by the active negligence, sole negligence, or willful misconduct
the Carlsbad Municipal Water District.
Contractor shall at his own expense, upon written request by the District, defer
any such suit or action brought against the District, its officers, officials, employees ar
volunteers. Contractor's indemnification of District shall not be limited by any prior
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 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 District for t
acts and omissions of Contractor's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omissions
persons directly employed by Contractor. Nothing contained in this contract st
create any contractual relationship between any subcontractor of Contractor and 1
District. The Contractor shall bind every subcontractor and every subcontractor o
subcontractor by the terms of this contract applicable to Contractor's work unlc
specifically noted to the contrary in the subcontract in question approved in writing
the District.
rev. 312:
9
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21. PROHIBITED INTEREST
No official of the District who is authorized in such capacity on behalf of tt
District to negotiate, make, accept, or approve, or take part in negotiating, makin
accepting, or approving of this agreement, shall become directly or indirectly interest€
personally in this contract or in any part thereof. No officer or employee of the Distri
who is authorized in such capacity and on behalf of the District to exercise a
executive, supervisory, or similar functions in connection with the performance of tt
contract shall become directly or indirectly interested personally in this contract or a
part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of t
District, either before, during or after the execution of this contract, shall affect
modify any of the terms or obligations herein contained nor entitle the Contractor to s
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.
rev. 3/21
10
.. a 0
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the Secretary
accordance with the requirements of the District's conflict of interest code incorporatir
Fair Political Practices Commission Regulation 18700 as it defines "consultant." Tt
disclosure category shall be categories
26. INSURANCE
NIA
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 subcontracto
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 have
current Best's Key Rating of not less than "A-:V" and shall meet the District's policy
insurance as stated in Resolution No. 772.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum lin
indicated herein, unless a lower amount is approved by the General Counsel
Executive Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combir
single-limit per occurrence for bodily injury, personal injury and property damage. If
submitted policies contain aggregate limits, general aggregate limits shall at
separately to the work under this contract or the general aggregate shall be twice
required per occurrence limit.
rev. 312
I1
0 0
2. Automobile Liability (if the use of an automobile is involved f
contractor's work for the District). $1,000,000 combined single-limit per accident f
bodily injury and property damage.
3. Workers' Compensation and Employer's Liability. Workei
Compensation limits as required by the Labor Code of the State of California ai
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. Covera!
shall be maintained for a period of five years following the date of completion of tl
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under tt
agreement contain, or are endorsed to contain, the following provisions.
1. The District shall be named as an additional insured on all polici
excluding Workers' Compensation and Professional Liability.
2. The contractor shall furnish certificates of insurance to the Dish
before commencement of work.
3. The contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreemt
and any extension thereof and shall not be canceled without 30 days prior writ1
notice to the District sent by certified mail.
rev. 3/25
12
0 0 e. ..
-* 5. If the contractor fails to maintain any of the insurance coverage
required herein, then the District will have the option to declare the contractor i
breach, or may purchase replacement insurance or pay the premiums that are due o
existing policies in order that the required coverages may be maintained. Th
contractor is responsible for any payments made by the District to obtain or maintai
such insurance and the District may collect the same from the contractor or deduct th
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 to receik
written notice on behalf of the District and on behalf of the Contractor in connectic
with the foregoing are as follows:
For District: Title Robert J. Greanev, General Manaqer
Name Carlsbad Municipal Water District
Address 5950 El Camino Real
Carlsbad, California 92008
For Contractor: Title Cecil E. Rvals, P.L.S., President
Name
Address
Riq h t -of -Way Enqi nee ri nq , I nc.
41 67 Avenida de la Plata, Suite 11 4
Oceanside, California 92056
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for tl
duration of the contract.
rev. 3/25,
13
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29. ENTIRE AGREEMENT ...
This agreement, together with any other written document referred to (
contemplated herein, embody the entire agreement and understanding between th
parties relating to the subject matter hereof. Neither this agreement nor any provisio
hereof may be amended, modified, waived or discharged except by an instrument I
writing executed by the party against which enforcement of such amendment, waiver (
discharge is sought.
Executed by Contractor this 8TH day of OCTOBER ,I9 96 .
CONTRACTOR: CARLSBAD MUN IC1 PAL WATE
EN GIN E E RI NG, I NC.
RIGHT-OF-WAY
(name of Contractor)
(print namehitle) ATTEST:
By: ALETHA L. RAUTENKRANZ \ (sign here) Secretary
(print nameltitle)
(President or vice-president and secretary or assistant secretary must sign for corpor
tions. If only one officer signs, the corporation must attach a resolution certified by tt
secretary or assistant secretary under corporate seal empowering that officer to bir
the corporation.)
APPROVED AS TO FORM:
4f+ -6 -f%p&y General Counsel
rev. 31251
14
0 0
STATE OF CALIFORNIA 1
COUNTY OF - 1 ss.
4 (17, /-Tec%& On 66x g /f% before me, 5%d-L4 IL
personally appeared CECIL E gy&Ls
NAME AND TITLE OF OFFICER DATE/
NAME(S) OF SIGNER(S)
Hpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person
name@) idare subscribed to the within instrument and acknowledged to me that hekhehhey executed the
his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the c
behalf of which the person@) acted, executed the instrument.
Comm 81054678
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document [ f7 rt’ s i) W-mT &&C%~L+&=zJ--
Date of Document oc~z @&h- $? /99L NO. of Pages /.y
Signer@) other than named above
CMWD 90-1 09
061
0 0 .. .- ’ ..
”_ Right-Of- Way ering Services, Inc.
JULY 31, 1996
MR. WILLIAM PLUMMER, P.E. DISTRICT ENGINEER CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CA. 92008
SUBJECT: PROPOSAL FOR CONSTRUCTION SURVEY SERVICES FOR
MAERKLE RESERVOIR COVER AND LINER.
DEAR MR. PLUMMER:
PER YOUR REQUEST, I HAVE REVIEWED SUBJECT PLANS AND PREPARED ESTIMATE OF COSTS AND SCOPE OF WORK.
THE FOLLOWING SCOPE OF WORK IS BASED ON MY UNDERSTANDING OF T TASKS TO BE PERFORMED AND IS SUBJECT TO YOUR APPROVAL. PLEASE FE FREE TO DELETE FROM OR ADD TO SUBJECT SCOPE.
I. SCOPE OF WORK
TASK HOURS COS?
1. PROVIDE ROUGH GRADE SLOPE STAKES FOR 24 $ 3,180. PERIMETER ROAD AND PERIMETER DITCH.
2. PROVIDE ROUGH GRADE SLOPE STAKES FOR 40 5,300.
ACCESS ROAD, RING WALL AND DITCHES A, B AND C.
3. PROVIDE ROUGH GRADE SLOPE STAKES FOR 24 3,180.
GRADTNG OF RESERVOIR.
16 2,120. 4. STAKE STORM DRAIN (DOWNSTREAM OF DAM)
AND ALL CLEANOUTS. STAKES TO BE PLACED
AT 25 FOOT INTERVALS. GRADE BREAKS AND
STRUCTURES.
5. FLAG OUT AREAS OF COASTAL SAGE CLEARING
LIMITS AND ANY OTHER AREAS DEEMED ENVIRONMENTALLY SENSITIVE.
8 1,060,
EXHIBIT “A”
(page one of two)
4167 Avenida de la Plata Suite 114 Oceanside, CA92056 (619) 732-1366 FAX (619
0 0 e,
_. ‘.
6. STAKE FINISH GRADE CONTOURS WITHIN 24 3,180. RESERVOIR AND CERTIFY FINISH GRADE
PRIOR TO PAVING.
7. STAKE FINISH GRADE RING WALL, ACCESS 24 3,180. ROAD AND DITCH.
80 STAKE FINISH GRADE PERIMETER ROAD 24 3,180. I AND DITCH
9. STAKE AND GRADE 6” STEEL WATERMAIN. 8 1,060.(
10. STAKE AND GRADE LOCATION OF WASHDOWN 8 1,060.1
HYDRANTS, VAULTS, INLET AND OUTLET STRUCTURES AND PIPING.
11- STAKE LOCATION OF INFLIkTJQN HATCHES. 8 l;Q6c!.(
13. SUPERVISION, COORDINATION AND MEETINGS 16 1,200.1
120 OFFICE CALCULATIONS AND GRADE SHEETS. 60 3,900.1
TOTAL TIME AND MATERIALS (NOT TO EXCEED) $32,660 . (
PI. LIMITS OF WORK
THE ABOVE ESTIMATE IS BASED ON ONE SET OF STAKES FOR EACH TASE STAKES LOST DUE TO NEGLIGENCE BY CONTRACTOR SHALL BE REPLACED I
OUR STANDARD BILLING RATE AND ONLY IF AUTHORIZED BY THE DISTRICT C ITS REPRESENTATIVE.
SURVEY REQUEST WILL BE PROVIDED TO THE DISTRICT AND ALL REQUESl WILL BE RESPONDED TO WITHIN 48 HOURS MAXIMUM AND USUALLY WITHIN 2 HOURS IF NEEDED.
AN IN HOUSE CREW WILL BE AVAILABLE FOR EMERGENCY SHORT NOTICE CAI
OUTS DURING NORMAL WORKING HOURS.
111. HOURLY RATES
DISCIPLINE HOURLY RATE
2 ,DE5!sON ST-F.VFY raEY $132.50 OFFICE LAND SURVEYOR/
COMPUTER TECHNICIAN $ 65.00
PRINCIPAL LAND SURVEYOR $ 75.00
SINCERELY,
J PRESIDENT EXHIBIT “Ayy
(page two of two)
C,\CARLSBU’RO\MAE.Pl
0 0 ..
_-
1
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIMIT-OF-WAY ENGINEERING SERVICES, INC.
A California Corporation
The undel:sj.yned, being a1 1 of the Directors of RIGHT-OF
ENGlNEERfNG SERVICES, INC., A California Corporation, by
writing apl?lrove the following resulutions arid consent to t
adoptiori:
WIIEREAS, the Board of Directors of: this Corporation des
to grant to Lhe Officers of this Corporation, the power to exe
all corporate iusti-urnelits and documents, or to si911 the corpo
name t1.i tiiout 1 imi tatiori , each acting alone and without approva
signature of any other corporate officer.
, NOH, 'L'IIEREFOIIE, BE IT RESOLVED, that CECIL E. RYALS is he
authori.zctl and directed Lo act alone in signing any and
corporate doriuinent:s of any kind or iiature, and/or re1
instrumelits, for the benefit of the Corporation, on such terms
conditions as CECIL E. RYALS, in his sole discretion, d
advisable and in the best interest of the Corporation.
This consent is executed pursuant to subdivision (b'
Section 30'1 of the California Corporations Code, and is to be f
with the Minutes of Board proceedings.
Executed effective January 1, 1990. <cdg2i
.Director
G. DUANE NIkON
Director
0 e -. 1
.-
-
u-0 2
PRQDUCER
cavignac & A~SQQI~~~S 501 West Broadw8Yr Suaa E340
S& Diego CA 92301-3505
Rebecca S. WoodWudr CIC ~a 619-234-6848 FuNo. 613-234-8601
INSURE0
RIGHT-OF-WAY ENGmmax~ SERVICES 4167 Avenida De La Plata, #114 oceansicis CA 92054
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORN ONLY AND CONFERS NO RIGHTS UPON THE CERflFlCA HOLDER THIS CERTIFICATE DOES NOT AMEND, MTEN ALTER THE COVERAGE AFFORDED BY THE POLICES E
COMPANIES AFFORDtNG COVERAGE
COMPANY A National Casualty Company
B Guaranty National Ins. Co.
C Associated International
D
COMPANY
COMPANY
COMPANY
CBRIFICATE my BE issum OR MAY PERTPJK TI(E INSURANCE AFFORDED 8y THE
aausoNs AND CONmno- OF SUCH pou~es UUITS SHOW MAY XAM REEN
I co lYPE OF lNsuRAe poucY NUMBER ITR
GENERALL.IABlUN
A 4 COUMERCIALGENE~ULUAB~LITY AE00001164 1 CWMSWDE a OctXR
~WSLCONTWCTWCS~~~ - -
AIITOMO811E LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULEDAVTOS
HIREDAUTOS
NO"EDAUTOS
~GEUABfUlY
ANYAUTO
I
MEssuABRlfl
uMc5 0 0 0 02 0
QMERTI.ULNUMBRELUKHU~
HloRKERs COMPENSATION *No EypLoMRsWUlY
THlEPROPWETORl INCL P"pryExHxITM M*IcERse UCL
OTHER
2 Professional AEP-452-04s
Xiability
-SCRlpTIoII OFOPERATIONSROCATI~~
PouaEs DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
REDUCED BY PAID CWMS
UNllS wucTvrrcTM PWC~D(PIRATK)N
!JAnlUwrwrwl M~Wwnww)
GENERALAGGREGATE lS2,
11/29/95 11/29/96 PRODUCTS-COMPMPAOG I $1,
EACHOCCURRENCE !SIt
RRE DAMAGE (Any om firs) 1 t
YEP EXP (~ny one parsen) ' $
I COMBINED SINGLE UMK
I
PERsONALLADvlNJURY J s 1,
jf
t BODILY INJURY P-Prron)
BODILY INJURY IPrnddat) t
PROPERpl DAMAGE 1s
AUTO ONLY -EA ACCIDENT 1 $
OlHERTHANAUTOONLY: /
EACHACUDEHT S
AGGREGATE I t
EM;HoccuRRENcE /sl,
11/29/95 11/29/96 AGGREGATE jtl,
Retentzon 1s
EL EACH ACQDPlf 1s
ELDISEASE-WUCYUYlT 1 t
EL--EAEMPLOYEEI S
03/02/96 03/02/97 *Limits $1
Deduct. $
92 NZ-9688-1 F
PROPER
Each Occurrence
Aggregate
BODILY INJURY AND PROPE
(Combined Single 1
$
$
EXCESS LIABILITY
0 Umbrella Each occurrence 0 other Aggregate
kd Workers’Compensation 08/19/88; CONT. Part 2 BODILY INJURY
Part1 STATUTORY
$ and Employers Liability Each Acddent Disease Each Employee $
Disease - Policy Limit $
e 0 e. -
I.
* MULTI-PURPOSE ENDORSEMENT
In consideration of an additional premium TBD. it is hereby understood and agreed that the
following applies:
(X ) ADDITIONAL INSURED
CARLSBAD WATER DISTRlCT
THE CITY OF CARLSBAD
idare Additional Insued/s as respects to work done by Named Insured.
( ) PRIMARY COVERAGE
With respect to claims arising out of the operation of the Named Insured, such insurance as
afforded by this policy is primary and is not additional to or contributing with any other
insurance carried by or for the benefit of the above Additional Insureds.
( ) WAIVEROF SUBROGATION
It is understood and agreed that the Company waives the right of subrogation against the above
Additional Insureds for project described in certificate attached hereto.
( ) CROSS LIABILITY CLAUSE
The naming of more than one person, firm or corporation as insureds under this policy shall not,
for that reason alone, extinguish any rights of one insured against another, but this endorsement,
and the naming of multiple insureds, shall not increase the total liability of the Company under
this policy.
( ) NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the policy for any reason other
than non-payment of premium, 30 days written notice will be sent to the following by mail:
SAME AS ABOVE
In the event the policy is cancelled for non-payment of premium,
10 days written notice will be sent to the above.
Policy No.: AEO-0001164
Insurance Company: National Casualty Ins. Co.
Date: 10/03/96
Effective Date of Endt: 1 1/29/95
Issued to: RIGHT-OF-WAY ENGINEERING SERVICES
9 CERTIFICATE OF INSURANCE Ilb ,#*A
SUCH IFiZJRANCE AS RESPECTS THE I IEREST OF THE CERTIFICATE HOLDER hi L NOT BE CANCELED OR TCRMlNATED WlTHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW
EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF
DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
TGis certifies that:
has coverage in force for the following Named Insured as shown below:
Named Insured RIGHT OF WAY ENGINEERING SERVICE, INC.
Address of Named Insured alfi7 AVRNTl3A nRT,A PT,ATA STJTTE # 1 14 ; O-,: Ca- 92Q5
0 STAT€ FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois. or
c] STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
CERTIFICATE HOLDER IS ADDITIONAL INSURED
-11n610/04 Signature of Authorized Representative Title Agent's Code Number I
Name and Address of Certificate Holder Name and Address of Agent r 1 r
CITY OF CARSBAD AND CARLSBAD MUNICIPAL
WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CA. 92008 PH. $3 &&2$-2+:0
L _I L
CERTIFICATE HOLDER COPY