Loading...
HomeMy WebLinkAbout1999-01-26; City Council; 15027; Water, Recycled Water & Sewer Pipelines Faraday Av- h 43/pl~+- Q CITY OF CARLSBADKARLSBAD MUNICIPAL WATER DISTRICT -AGENDA Bib-q &, \ AB# IS,0 27 TITLE: APPROVAL AND EXECUTION OF AGREEMENT DEPT. HD. FOR ENGINEERING DESIGN SERVICES FOR MTG. 01126199 WATER, RECYCLED WATER AND SEWER PIPELINES Tfk CITY ATTY. FOR FARADAY AVENUE FROM CANNON ROAD TO DEPT. CMWD EXISTING TERMINUS OF FARADAY AVENUE, CMWD CITY MGR. PROJECT NO. 88-602, CITY PROJECT NO. 35931 RECOMMENDED ACTION: City of Carlsbad City Council: Adopt Resolution No. 99-34 for approval and execution of agreement between Daniel Boyle Engineering, Inc., City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 104 0 for approval and execution of agreement between Daniel Boyle Engineering, Inc., City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931. ITEM EXPLANATION: This project involves the construction of an 8-inch potable water pipeline , a 12-inch recycled water transmission main, and a 12-inch sewer collector line in Faraday Avenue from Cannon Road West to existing terminus of Faraday Avenue. The District requested proposals for the engineering design services for the water and recycled water transmission main and a sanitary sewer collector line and received two proposals, one from Daniel Boyle Engineering, Inc. and one from O’Day Consultants. The District engineering staff reviewed the proposals and have selected Daniel Boyle Engineering, Inc. as the most responsive, competent and at a reasonable price bidder. The design of the road verticals and horizontals have been established for the road pavement improvements, therefore, the District needs to proceed with completing the pipeline improvements before the road pavement improvements are advertised to receive bids for construction. The design of the pipelines are estimated to require four months to complete with an engineer’s cost estimate in the amount of $63,600 (City’s share of the cost is $21,200 for design services and $1,800 for contingencies and District’s share of the cost is $42,400 for design services and $2,600 for contingencies. ENVIRONMENTAL IMPACT: The potential impacts of the proposed actions were already evaluated in previous environmental documents, Kelly Ranch EIR 83-04 and Cannon Road Reach 1 EIR 87-2. The proposal is therefore within the scope of the prior environmental document, and no new environmental documentation or Public Resources Code 21081 findings are required. A Page 2 of Agenda Bill No. 1 fi: 0 &7 h FISCAL IMPACT: The total cost for the engineering design services for these pipelines is estimated to be $63,600. Funds will be provided for from two accounts including Waterline-Faraday (Cannon to Research Center) and South Agua Hedionda Interceptor Phase II. In Fiscal Year 1998/99, appropriations in the amount of $510,000 remain available in the Water Pipeline and $2,439,705 remain in the Sewer Pipeline budgets. The distribution of City and District appropriation of funds for engineering design services are shown below in District Water Cost Table 1 and City Sewer Cost -Table 2. TABLE 1 12-Inch Recvcled Water Pipeline Desian Services TABLE 2 EXHIBITS: 1. Location Map. 2. Professional Services Agreement between Daniel Boyle Engineering, Inc., City of Carlsbad and Carlsbad Municipal Water District. 3. City of Carlsbad City Council: Adopt Resolution No. q’? - 3y for approval and execution of agreement between Daniel Boyle Engineering, Inc., City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931. 4. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 10 40 for approval and execution of agreement between Daniel Boyle Engineering, Inc., City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931. 2 -IN.- .“.----.- *..-:.--. ---I.l-.r-ljrw ITWYIUI,CIT,l,.iL>, .:I_i.,La..“-*.L- ~--.-.--L..I,-----.~---~~ AGREEMENT - - THIS AGREEMENT is made and entered into as of the sixth day of January , 192, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and DANIEL BOYLE ENGINEERING. INC., a California corporation hereinafter referred to as “Contractor.” RECITALS City requires the services of an enaineerinq Contractor to provide the necessary enaineerina desian services for preparation of overall oroiect manaaement and supervision for the desian and oreoaration of contract documents, plans and specifications for construction of the sanitarv sewer 12-inch (12”) diameter pipeline, in Faradav Avenue from Cannon Road to the existina terminus of Faradav Avenue, CMWD Proiect 88-602; District requires the services of an enaineerinq Contractor to provide the necessary enaineerina desian services for preparation of overall oroiect manaaement and suoervision for the desian and oreoaration of contract documents, plans and specifications for construction of the potable water 8-inch (8”) diameter pipeline and recvcled -water 12-inch (12”) diameter oioeline, in Faradav Avenue from Cannon Road to the existina terminus of Faradav Avenue. CMWD Proiect 88-602; and Contractor possesses the necessary skills and qualifications to provide the services required by the City and the District; 1 rev. 08/I 7198 CMWD Proj. No. 88-602 Council Proj. No. 35931 NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein; City, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS See attached Exhibit “A”. 2. CITY OBLIGATIONS The City shall provide go-percent (90%) complete AutoCAD Files for Faraday Avenue Street Improvement Plans. The District shall provide all reports and supplemental information available regarding Faraday Avenue Street Improvements, hydraulic design criteria, and plans on the existing facilities to the connected to for water, recycled water and sewer pipelines. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City Engineer or designee and be completed within one hundred eiahtv (180) [w&&&calendar] days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer or designee. The City Engineer or designee 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 City or District inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee amount payable for the services to be performed is not to exceed $63.600. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City 2 rev. 08/l 7198 reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City and 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 one hundred eiahtv (1801 davs from date thereof. The contract may be extended by the City Manager/Executive Manager for one (I) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s and the District’s needs. The parties shall prepare 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 Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the District Enaineer the Contractor shall deliver to the City the following items: Plans and Specifications to construct the pipelines by a public works contractor. a. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor, the 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 City o? the District may request a change in contract. Such changes shall be processed by the 3 rev. 08/l 7198 City in the following manner: A letter outlining the required changes shall be forwarded to the City/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 City and the District and approved by the City and 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. 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 or making of this agreement. For breach or violation of this warranty, the City or 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 otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work 4 rev. 08/l 7198 as provided for in this contract, the City Manager/Executive Manager may terminate this contract for nenperformance 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 City and the District and all work in progress to the District Enaineer. The District Enaineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City 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 City or the District, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City or the 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 City Manager/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 City or 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 City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor 5 rev. 08/l 7f98 acknowledges that California Government Code 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 City of Carlsbad or 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 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 City of Carlsbad or the Carlsbad Municipal Water District to disqualify the Contractor from the selection process. (Initial) &9f& The provisions of Carlsbad Municipal Code sections 3.32025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Q& (Initial) 13. 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 City or the District. Contractor shall be under control of the City and the District only as to the result to be accomplished, but shall consult with the City and the District as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City or the District for any purposes whatsoever. 6 rev. 08117/98 The Contractor is an independent Contractor of the City and 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 City and the District shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City and 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 City and the District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City and the District 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 City and the District 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. 14. 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 City or the District will provide copies of the approved plans to any other 7 rev. 08/l 7198 agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City and 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 City or the District. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and District and hereby agrees to relinquish all claims to such copyrights in favor of City and District. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and the Carlsbad Municipal Water District and its officers, officials, employees and volunteers from 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. 18. 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 City and the District. . 8 rev. 08/l 7198 h 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City and 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 employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City or 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 City or the District. 20. PROHIBITED INTEREST No official of the City or the District who is authorized in such capacity on behalf of the City or 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 City or the District who is authorized in such capacity and on behalf of the City or 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. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City or the District, either before, during or after the execution of this contract, shall 9 rev. 08117198 h 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. 22. SUCCESSORS OR ASSIGNS Subject to terms, conditions, hereto, and each assigns. the provisions of Paragraph 17, “Hold Harmless Agreement,” all and provisions hereof shall inure to and shall bind each of the parties of their respective heirs, executors, administrators, successors, and 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’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. 25. 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 10 rev. 08/l 7198 do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403 and the Districts 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 City Attorney/General Counsel or City Manager/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 City/District). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ 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 $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. 11 rev. 08/l 7198 C 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 City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City 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 City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City/District and on behalf of the Contractor in connection 12 rev. 08117198 For Contractor: with the foregoing are as follows: For City/District: - Title William E. Plummer. P.E.. District Enaineer Name Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad. California 92008 Title Daniel B. Bovle, P.E.. President Name Daniel Bovle Enaineerina, Inc. Address 3142 Vista Wav. Suite 303 Oceanside, California 92056 .Architect/License Number: Architect/License Number: 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. 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 hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. ill ill III 13 rev. 08117198 C Executed by Contractor this day of CONTRACTOR: - DANIEL BOYLE ENGINEERING, INC., a California csrooration ( na By: DANIEL B. BOYLE, P.E.. President (print name/title) By: (sign here) (print name/title) ATTEST: cl!z.dzk,Zb ALETHA L. RAUTENKRANZ, City Clerti CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized nicipal Water Act iary District of the ATTEST: ALETHA L. RAUTENKRANZ, Secretad (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 one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City y/General Counsel BY -ant City Attorney/ Aeei&& CMWD 88-602 14 rev. 08117198 - - h STATE OF CALIFORNIA 1 1 ss. COUNTY OF :‘- .,- ,-L <-,z- 1 , On (2/ L! :5 ’ DATE before me, personally appeared [ &;LL!i t. 13. / L- .(I& jJAME(S) OF SIGNER(S) p personally known to me - OR - [7 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/he&heir authorized capacity(ies), and that by his/he&heir signature(s) on the instrument the person(e), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. , JULIE BOY I Comm. MO94599 A 3TARY PUBLIC - CAUM , ORANGE COUNTY (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 88-602 06114195 Rev. -- . - ---- - ----- -- - --- ---- ~~ - -. -- DMIEL BOY& 3 ENGINEEMNG, Ii!! ‘: Civil Engineering Services - - CERTIFIED RESOLUTION OF BOARD OF DIRECTORS OF DANIEL BOYLE ENGINEERING, INC. I, Cathy A. Boyle, Secretary of Daniel Boyle Engineering, Inc., a corporation organized March 23, 1982 and existing under the laws of the State of California, do hereby certify that at a duly convened meeting of the Board of Directors of Daniel Boyle Engineering, Inc., held on the 15th day of May, 1995, at the offices of said corporation at 23231 South Pointe Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was duly adopted: RESOLVED: That the following company officers are designated and authorized to execute and sign documents, or to sign the corporate name without limitation, except where otherwise provided by law, and such execution or signature shall be binding on the corporation: Daniel B. 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, 1995. Cathi A. Boyle, Sec$tary 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 (714) 768-2600 -DANZEL BOYi- ENGINEERING, Z.X. 2 ’ Civil Engineering Services - . EXHIBIT “A” CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, CA 92008 Attention: Mr. William E. Plummer, P.E. District Engineer t L Carlsbad Municipal Water District Faraday Avenue Water, Recycled Water and Sewer Pipelines Cn n 1 f Faraday Av November 13, 1998 This proposal supercedes our November 6, 1998 proposal for the subject project. We have evaluated our original January 12, 1998 proposal and have obtained information in connection with the current proposed alignment for Faraday Avenue and the length of the proposed pipelines. Furthermore, we understand that the potable water transmission main is to be reduced in size from 12-inches to 84nches in diameter. Based upon the above, our proposed revised Scope of Work, Estimated Manhours and Fee is as follows: SCOPE OF WORK 1. Overall project management and supervision. 2. Collect AutoCAD files for Faraday Avenue from the City or CMWD and prepare base sheets to be used for the pipeline plan and profile construction plans (5 sheets). 3. Design and preparation of the plan and profile construction plans for the potable water 8-inch diameter pipeline (5 sheets). 4. Design and preparation of the plan and profile construction plans for the recycled water 12-inch diameter pipeline (5 sheets). 5. Design and preparation of the plan and profile construction plans for the sanitary sewer 12-inch diameter pipeline (5 sheets). ESTIMATED BOGS”’ ME SE 10 8 __ 3 10 15 3 80 80 3 80 80 3 86 86 3 142 Vista Way, Suite 303 Oceanside, CA 92056 (760) 433-87 10 FAX (760) 433-9709 www.dboyle-engcom CIvfWD - Faraday Avenue Water, Recycled Water and Sewer Pipelines Revised Proposal - 1 l/13/98 - Page 2 SCOPE OF WORK 10. 11. Preparation of title sheet and general information sheets (3 each). Preparation of detail sheets (5 each). Preparation of Contract Documents and Construction Specifications. Submittals to District Staff for review and comments at the 70, 90 and 100~percent completion stages. After receipt of all District comments on the 100~percent submittal, prepare and submit final signed and sealed Contract Documents, Specifications, Construction Plans and Engineer’s Opinion of Construction Cost. la se 2 Miscellaneous meetings with District Staff throughout the course of 4 design and preparation of the plans and specifications. - TOTAL ESTIMATED MANHOURS 35 In-House Fee $62,235 Allowance for Outside Reproduction 1.365 TOTAL PROPOSED FEE $63.600 (l) LEGEND ME = Managing Engineer SE = Senior Engineer sup = support staff ESTIMATED MANHOURS”’ SE 6 18 40 30 30 __ 12 20 20 20 35 -- 407 349 We propose to provide professional engineering services as stated in the Scope of Work above for a not-to-exceed fee of $63,600 unless the Scope of Work is expanded. We will bill monthly for services provided with each invoice computed on the basis of our Standard Hourly Rates dated January 1, 1999, copy attached. In accordance with our conversation with you on November 12, 1998, we understand that the City of Carlsbad has now accelerated the schedule for the design and construction of Faraday Avenue from what we were previously informed by the City. Therefore, our proposed schedule for design and preparation of the plans and specifications for the District’s subject project is as follows: CMWD - Faraday Avenue Water, Recycled Water and Sewer Pipelines Revised Proposal - 1 l/l 3198 - Page 3 - - 1. Receipt of go-Percent Complete AutoCAD Files for Faraday Avenue Street Improvement Plans and Notice To Proceed 2. Submit 70-Percent Plans and Specifications for District Review 3, Receipt of District Comments on 70-Percent Submittal 4. Submit go-Percent Plans and Specifications for District Review 5. Receipt of District Comments on go-Percent Submittal 6. Submit loo-Percent Plans and Specifications for District Review 7. Receipt of District Comments on 90-Percent Submittal 8. Submit Final Signed and Sealed Plans and Specifications for Bidding and Construction If you require further information, please do not hesitate to call President January 4,1999 February 22, 1999 March 5, 1999 March 29, 1999 April 2, 1999 April 9, 1999 April 23, 1999 May 3, 1999 DBB:lam Encl. B99-19741 REV-FARADAY.pes HOURLY RATE SCHEDULE - - FOR SERVICES BY DANIEL BOYLE ENGINEERING, INC. January 1, 1999 CLASSIFICATION Managing Engineer Principal Engineer Senior Engineer II Senior Engineer I Senior Engineer Associate Engineer II Associate Engineer I Senior Assistant Engineer Assistant Engineer II Assistant Engineer I Construction Representative CAD Specialist Senior Designer Designer CAD / Drafter II CAD / Drafter I Intern / Aide Other Supplies and Outside Services RATE $125.00 an hour 119.00 an hour 101 .OO an hour 95.00 an hour 88.00 an hour 81.00 an hour 74.00 an hour 72.00 an hour 65.00 an hour 59.00 an hour 68.00 an hour 68.00 an hour 63 .OO an hour 55.00 an hour 48.00 an hour 41.00 an hour 34.00 an hour Actual Cost Plus 15% It is understood and agreed that the aforementioned rates and charges include all normal clerical and stenographic services, auto travel, equipment and materials used in connection with the production of the required engineering services. Monthly billings will be fknished for all services rendered. Payments shall be due and payable upon presentation of invoices. Subject to general revision January 1, 2000. ,.- A~@AB. CERTIFICAY OF INSURANCE - UulraATE~ 12/16/98 TN13 CERTlFlCATE IS ISSUE0 AS A YAlTER OF INFORMATlON ONLY AND CONFERS NO RKINTS WON THE CERTlFlCATE HOLDER THIS CERTIFICATE DOES NOT AMEN4 ExlENo OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. ARIS INS SERVICES 2101 BUSINESS CTR DR t230 COMPANIES AFFORDING COVERAGE IRVINE CA 92612 DANIEL BOYLE ENGINEERING INC 23231 S POINTE DR #103 LAGUNAHIUS CA 92653 -fgggy A ZURICH INSURANCE CO. -a B ZURICH INSURANCE CO... -g+gy c gggwD AMERICAN GUARANTEE -4 E covENA~Es TNLB Is TO amiY THAT THE POLICIES OF lNSUR4NCE LISTED BELOW HAVE BEEN ISSUED TO T)(E NSURED NAMED ABOVE FOR THE Poucl PERlOO mmlcATED, NOTWITMTANM ANY REtXJIREMENT. TERM OR ~OCANV~~OR~DOCUMEHT~RESPECTTOWHlCHTHlS fEE$4 f$ BE &SUED OR MAY PERTAIN. THE INSURANCE AFFORDEDBYT)(EPOWlESOESC#BED HEREIN IB SUWECT TO AU THE TERM& CONDmONSOFSUCHWUCIES.UMrrSSC(OWNMAYHAMBEEHREWCEOBYPAPCLAIMS. ___ co .m I1c(ff- PouclmHDEn ?i%&EEy %gz!%y Lnlt8 4-v 03411254101 12/01/98 12/01/99 :==w= 62 000 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ..__ 1.. .,....,. x ~aENEnuuMurY -* -* 0 I 000.,.0.00 -nuxx WUJR . . . . . : PEmmu~Aw-- ‘1&%..00.~. . . . . . . . . . i .._. OWNERI&cuemEmR8PnoT. ucnoccumma $1 000 000 I . I... --w-m $1 000 000 . . ._. . . . . . . . : . . . . . . . I . . ..-....... I :L8D.DoerrwYaP.=N s10,000 1~lMBulY 03411254101 . . . . ~ANYAUTO -12/01/98 12/01/99 iym '8 . . . 1 000 000 wlowwEDAum8 [ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. . . L.... . . . . . .BODlLy- --Amos (km 8 . . . x-*vIoI . X-m 7x I QAAISC- . . . . PRoPEaw- s excaeuMuIv EAol- I : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - .._..__ ._..._....,, -roRy ABQRlELuR I . QIWCIITHM-R)Ay : .,,. :.. . . x:::..: . . . . .:; ,. ‘. ::j :.:.. :‘.‘c .‘. ‘::. . :,, :,:j . . . . . :., ., 3 *--m 2043344 g/01/98 g/01/99 X kurotwm Mm EAc?4- '1. I 000 I w. -w -UABUW .._... % 000 IO00 DlsEAsE-EuRoyu 11 -nnn.nnn mCIICT#(OFB--ftEW RE: WATER-RECYCLED WATER & SEWER PIPELINES-FARADAY AVENUE FROM CANNON ROAD TO EXISTING FARADAY AVENUE/DBEI JOB #C15-105-OO/SEE ATTACHED ENDORSEMENT SNOUWANYWTNEABOVE#SCRlBEDPOUClESBE MNca.lED 6EFaREm EXPIRATION MTE THEREOF, THE ISSUINQ COWANY WNI. m hWL~DAYSWiWTENNOTKETOTHECERTWATEliOKMiRNAYOTOTHE CARLSBAD MUNICIPAL WATER DIST LEFT, ATTN: RUTH FLETCHER 1200 CARLSBAD VILLAGE RD CARLSBAD CA 92008 B -Nra SHERRY YOUNG FOR ARIS ACORO SE-8 (7nd) OACORO CORFORAllON loo0 A h Producer: ARIS This endorsement, effective 12/16/98 forms a part of Policy Number 03411254101 issued to DANIEL BOYLE ENGINEERING INC by Zurich Insurance Company. ADDITIONAL INSURED ENDORSEMENT SECTION II - LIABILITY INSURANCE NAME OF ADDITIONAL DESCRIPTION OF, INSURED PREMISES THE CITY OF CARLSBAD AND ALL ENGINEERING CARLSBAD MUNICIPAL WATER DISTRICT SERVICES PERFORMED FOR 1200 CARLSBAD VILLAGE ROAD ADDITIONAL INSURED CARLSBAD, CALIFORNIA 92008 **SEE ATTACHED FORM CG20091185** Additional premium charged: NONE SHERRY YOUN (Authorized Representative) ARIS:Y Issued: 12/16/98 . . POLICY NUMBER: - CWMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDlTlONAL INSURED-OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LlABlLf-lY COVERAGE PART. SCHEDULE Name of Person or Organisation (Additional insured): Location of Covered Operations Bodily InJury and Property Damage Liability Premium 8aris cost Rates (Per $1000 of cost) Advance Premium $ Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Dedarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section ii) is amended to include as an insured the person or organization (called “additional insured*‘) shown in the Sched- ule but only with respect to liability arising out of: A. “Your work” for the additional insured(s) at the location-designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of “your work” at the location shown in the Schedule. 2. With respect to the insurance afforded these addi- tional insureds, the following additioMl provisions apply: (4 W A. None of the exclusions under Coverage A, except exclusions (a). (d), (e), (9, (h2), 0). and (m), apply to this insurance. B. Additional Exclusions. This insurance does not apply to: (3) (1) “Bodily injury’* or “property damage” for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exdusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (2) “Bodily injury” or “property damage” occurring after: (4) CG20091185 Copyright, insurance services Office, All work on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been com- pleted; or That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same project. “Bodily injury” or “property damage” arising out of any act or omission of the additional insured(s) or any of their em- ployees, other than the general supervi- sion of work performed for the additional insured(s) by you. “Property damage” to: (a) W (c) Property owned, used or occupied by or rented to the additional insured(s): Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or “Your work” for the additional in- sured(s). inc., 1984 0 h EMERGENCY CoriTiiCi.5 h !i DANIEL 3. co,??. OFF I cE3 r: I*; ;.j ‘-7 a=c77 7,4-G&f-9;92 /I 1 , L-l L ', p DANIEL BOYLE ENGINEER ING, I ?lC 23231 SOUTH POINTE DR W103 LACUNA HILLS, CA 92653 ii II i.1 4: 4 :F 1 1 i, 1 i 1; 1 ./ 4 1 FEE-SCHEDULE PB CITY OF CARLSBAD 1200 CARLSBAO VILLAGE CR, CARLSBAO. CA 92008 BUSINESS LICENSE ISSUED TO (BUSINESS OWNER): DANIEL BOYLE ENGINEERING, If-ii. 3142 VISTA WY #303 LICENSE MUST tiE POSTED ON 760-433-8710 BIJ.SINE.SS PREHiSE.S. .,...e TO CONDUCTTHE (BUSINESS CLASSIFICATION): ENGINEERING SERVICES NOTtFY BUSINESS LI:EN.SE OFFlCE BtiSlNESS AS (DBA; @J$If$SS-NAME): IF ;OU CHANGE LOCATION OR CEASE DANIEL BOYLE ENGINEERXNG, INC. OPERATION. LOCATED AT (BUSINESS LOCATION): 3142 VISTA LIY P303 OCEANSIDE, CA 92056 FROM: rl1/01/79 TO: 12/31/98 NOT TRANSFERABLE - POST IN A CONSPICUOUS PLACE h 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 RESOLUTION NO. 99-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR WATER, RECYCLED WATER AND SEWER PIPELINES FOR FARADAY AVENUE FROM CANNON ROAD TO EXISTING TERMINUS OF FARADAY AVENUE, CMWD PROJECT NO. 88-602, CITY PROJECT NO. 35931 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is necessary and in the public interest to enter into a three part agreement on file in the City Clerk’s Office between Daniel Boyle Engineering, Inc., the Carlsbad Municipal Water District, and the City of Carlsbad for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931, as a part of the Faraday Avenue Street Improvements; and WHEREAS, the City Council of the City of Carlsbad, California, approves and authorizes the execution of the three party agreement for engineering design services for a sanitary sewer collector 12-inch (12”) diameter pipeline; and WHEREAS, the District requested proposals for the engineering design services for the water, recycled water, and sewer pipelines and received two proposals; and WHEREAS, the District engineering staff reviewed the proposals and recommends the proposal received from Daniel Boyle Engineering, Inc. as the most responsive, competent and at a reasonable price bid; and WHEREAS, the proposed bid amount of $63,600 (City’s share of the cost is $21,200 for design services and $1,800 for contingencies and District share of the cost is $42,400 for design services and $2,600 for contingencies) is available in funds appropriated in the 1998/99 Budget for the South Agua Hedionda Interceptor Phase II, in the amount of $2,439,705 as of October 31, ‘l998, and in funds appropriated in the 1998199 Budget for the Waterline-Faraday (Cannon Road to Research Center) in the amount of $510,000 as of October 31, 1998, therefore, there are sufficient funds available for this project. 27 h 1 NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the proposal by Daniel Boyle Engineering, Inc. with an amount of $63,600 5 (City’s share of the cost is $21,200 for design services and $1,800 for contingencies and 6 District share of the cost is $42,400 for design services and $2,600 for contingencies) for 7 design of water, recycled water and sewer pipelines be accepted and approved. 8 3. That the Mayor, as the Representative of the City of Carlsbad, is hereby 9 authorized and directed to execute a three party agreement between Daniel Boyle Engineering, Inc., the Carlsbad Municipal Water District and the City of Carlsbad for the 11 engineering design services for water, recycled water and sewer pipelines for Cannon Road 12 to existing terminus of Faraday Avenue, CMWD Project No. 98-602, City Project No. 35931. 13 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of 14 15 16 17 18 19 20 21 22 23 the City of Carlsbad, California held on 26th day of January t 1999, by the following vote to wit: AYES: Council Members Lewis, Hall, Ffnnila and Kulchin NOES: None ABSENT: Council Member Nygaard ATTEST: 24 25 26 27 CMWD 88-602 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 28 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 RESOLUTION NO. 1040 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR WATER, RECYCLED WATER AND SEWER PIPELINES FOR FARADAY AVENUE FROMCANNON ROAD TO EXISTING TERMINUS OF FARADAY AVENUE, CMWD PROJECT NO. 88-602, CITY PROJECT NO. 35931 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California, has determined it is necessary and in the public interest to enter into a three part agreement on file in the City Clerk’s Office between Daniel Boyle Engineering, Inc., the Carlsbad Municipal Water District, and the City of Carlsbad for engineering design services for water, recycled water and sewer pipelines for Faraday Avenue from Cannon Road to existing terminus of Faraday Avenue, CMWD Project No. 88-602, City Project No. 35931, as a part of the Faraday Avenue Street Improvements; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California, approves and authorizes the execution of the three party agreement for engineering design services for a sanitary sewer collector 12-inch (12”) diameter pipeline; and WHEREAS, the District requested proposals for the engineering design services for the water, recycled water, and sewer pipelines and received two proposals; and WHEREAS, the District engineering staff reviewed the proposals and recommends the proposal received from Daniel Boyle Engineering, Inc. as the most responsive, competent and at a reasonable price bid; and WHEREAS, the proposed bid amount of $63,600 (City’s share of the cost is $21,200 for design services and $1,800 for contingencies and District share of the cost is $42,400 for design services and $2,600 for contingencies) is available in funds appropriated in the 1998/99 Budget for the South Agua Hedionda Interceptor Phase II, in the amount of $2,439,705 as of October 31, 1998, and in funds appropriated in the 1998199 Budget for the 1 Waterline-Faraday (Cannon Road to Research Center) in the amount of $510,000 as of 2 October 31, 1998, therefore, there are sufficient funds available for this project. 3 NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad 4 Municipal Water District of Carlsbad, California, as follows: 5 1. That the above recitations are true and correct. 6 2. That the proposal by Daniel Boyle Engineering, Inc. with an amount of $63,600 7 (City’s share of the cost is $21,200 for design services and $1,800 for contingencies and 8 District share of the cost is $42,400 for design services and $2,600 for contingencies) for 9 design of water, recycled water and sewer pipelines be accepted and approved. 10 3. That the President, as the Representative of the Carlsbad Municipal Water 11 District, is authorized and directed to execute a three party agreement between Daniel Boyle 12 Engineering, Inc., the Carlsbad Municipal Water District and the City of Carlsbad for the 13 engineering design services for water, recycled water and sewer pipelines for Cannon Road 14 to existing terminus of Faraday Avenue, CMWD Project No. 98-602, City Project No. 35931. 15 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad 16 Municipal Water District of Carlsbad, California held on 26th day of 17 January , 1999, by the following vote to wit: 18 19 20 21 22 AYES: Board Members Lewis, Hall, Finnila and Kulchi NOES: None ABSENT: Board Member Nygaard LEWIS, President ATTEST: ALETHA L. RAUTENKRANZ, Secretary) 27 (SEAL) 28 CMWD 88-602 30 dity February 2, 1999 Daniel Boyle Engineering Mr. D. B. Boyle, President 3142 Vista Way, Suite 303 Oceanside, CA 92056 RE: DESKBN S~$@iCES AGREEMENT - FARADAY AVE. & CANNON RD. ’ CfiilWtI PeOJE$T NO. 881fi;&?, CITY PROJECT NO. 35931 Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,027 and Resolution No. 99-34 and Resolution No. 1040. These documents went before the City Council, and the Carlsbad Municipal Water District Board, on January 26, 1999, when the resolutions were adopted, approving the above referenced agreement with your company. Also enclosed for your reference, is a fully executed copy of the signed agreement. If you have any questions regarding your project, please call William Plummer, at the CMWD Engineering Department. He can be reached at (7601438-2722 ext. 7126. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @