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
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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
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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
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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
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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
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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
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
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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:
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27 CMWD 88-602
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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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 $2,600 for contingencies) for
9 design of water, recycled water and sewer pipelines be accepted and approved.
10 3. That the President, as the Representative of the Carlsbad Municipal Water
11 District, is authorized and directed to execute a three party agreement between Daniel Boyle
12 Engineering, Inc., the Carlsbad Municipal Water District and the City of Carlsbad for the
13 engineering design services for water, recycled water and sewer pipelines for Cannon Road
14 to existing terminus of Faraday Avenue, CMWD Project No. 98-602, City Project No. 35931.
15 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
16 Municipal Water District of Carlsbad, California held on 26th day of
17 January , 1999, by the following vote to wit:
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AYES: Board Members Lewis, Hall, Finnila and Kulchi
NOES: None
ABSENT: Board Member Nygaard
LEWIS, President
ATTEST:
ALETHA L. RAUTENKRANZ, Secretary)
27 (SEAL)
28 CMWD 88-602
30
dity
February 2, 1999
Daniel Boyle Engineering Mr. D. B. Boyle, President
3142 Vista Way, Suite 303
Oceanside, CA 92056
RE: DESKBN S~$@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 @