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HomeMy WebLinkAbout1999-03-16; City Council; 15100; Malcolm-Pirnie, Inc Interceptor Sewer Replacementa B ff % MTG. 03/l 6199 DEPT. CMWD CITY OF CARLSBAD - AGEkOA BILL TITLE- APPROVAL OF CONTRACT WITH MALCOLM- ----iIRNIE, INC. TO COMPLETE DESIGN PLANS AND SPECIFICATIONS FOR THE VISTAKARLSBAD INTERCEPTOR SEWER REPLACEMENT, REACHES VCSB TO VC1 IA AND THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECTS, CITY PROJECT NOS. 3182 AND 3528, CMWD 91-403 RECOMMENDED ACTION: Adopt Resolution No. 9 9 - 9 & for approval of the contract with Malcolm-Pirnie, Inc., to complete design plans and specifications for the Vista/Carlsbad Interceptor Sewer Replacement, Reaches VC5B to VCllA and the South Carlsbad Village Storm Drain Projects, City Project Nos. 3182 and 3528, CMWD 91-403. ITEM EXPLANATION: A Request for Proposal was requested and received to complete plans and specifications for the Vista/Carlsbad Interceptor Sewer Replacement, Reaches VCSB to VC1 IA, and the South Carlsbad Village Storm Drain. The project consists of combining design plans and specifications for the Vista/Carlsbad Interceptor Sewer Replacement for Reaches VC5B to VC9 with the design plans and specifications for the Vista/Carlsbad Interceptor Sewer Replacement, Reaches VC10 and VC1 IA and the South Carlsbad Village Storm Drain. Staff recommends approval of the contract with Malcolm-Pirnie, Inc. based on their experience with the two projects, their willingness to meet the desired project schedule, and their proven expertise in.the field of civil engineering deign. FISCAL IMPACT: The proposed budget for the civil design work is: CIVIL DESIGN WORK COSTS: Reaches VCSB to VC1 IA, Vista/Carlsbad Interceptor Sewer Replacement 5% Contingencies TOTAL SEWER REPLACEMENT COST: Existing Appropriation ADDITIONAL APPROPRIATION CIVIL DESIGN WORK COSTS: South Carlsbad Village Storm Drain 5% Contingencies TOTAL STORM DRAIN COST: Existing Appropriation ADDITIONAL APPROPRIATION TOTAL SEWER REPLACEMENT COST TOTAL STORM DRAIN COST CONTRACT TOTAL INCLUDING 5% CONTINGENCY $ 97,147 $ 6,053 !$ 103,200 $10,633,452 -o- $ 118,782 $ 6,018 $ 124,800 $ 475,591 -O- $103,200 $124,800 $228,000 Page 2 of Agenda Bill No, I5,Ioo ENVIRONMENTAL REVIEW: The planning commission issued a negative declaration for the Vista Carlsbad Interceptor Sewer Replacement, Reaches VC5B to VC9 on February 13, 1998. The planning commission issued a mitigated negative declaration for the Vista Carlsbad Interceptor Sewer Replacement, Reaches VC10 to VC1 IA, and the South Carlsbad Village Storm Drain on September 15, 1998. EXHIBITS: 1. Location Map - Vista/Carlsbad Interceptor Sewer Replacement Project, CMWD Project No. 91-403. 2. Location Map - South Carlsbad Village Storm Drain Project, City Project No. 3528. 3. Resolution No. 99 - 9% for approval of the contract with Malcolm-Pirnie, Inc. to complete design plans and specifications for the Vista/Carlsbad Interceptor Sewer Replacement, Reaches VC5B to VC1 IA, and the South Carlsbad Village Storm Drain Projects, City Projects Nos. 3182 and 3528, CMWD 91-403. 4. Professional Services Agreement between Malcolm Pirnie, Inc. and the City of Carlsbad. LOCATION MAP V-0 ject Name: VISTA / CARLSBAD INTERCEPTER SEWER REPLACEMENT PROJECT REACHES VC5B THROUGH VCllA Project No, 91-403 Exhibit No, 1 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. 99-92 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF CONTRACT WITH MALCOLM PIRNIE, INC., TO COMPLETE DESIGN PLANS AND SPECIFICATIONS FOR THE VISTAKARLSBAD INTERCEPTOR SEWER REPLACEMENT, REACHES VC5B TO VC1 IA AND THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECTS, CITY PROJECT NOS. 3182 AND 3528, CMWD 91-403 WHEREAS, Staff requested and received a proposal from Malcolm-Pirnie, Inc. to provide the necessary civil design services for completion of design plans and specifications for the VistaKarlsbad Interceptor Sewer, Reaches VCSA through VC1 1 B, and the South Carlsbad Village Storm Drain Projects; and after review of the proposal and negotiation of the fee, the staff recommends accepting Malcolm Pirnie, Inc., based on an evaluation of their experience with this project and their expertise in the field of civil design; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest for approval and acceptance of a proposal from Malcolm Pimie, Inc., to complete design plans and specifications for the Vista/Carlsbad Interceptor Sewer, Reaches VCSA through VC1 IA and the South Carlsbad Village Storm Drain, City Project Nos. 3182 and 3528, CMWD Project No. 91-403; and WHEREAS, funds appropriated in the amount of $10,633,452 have been appropriated in the 1998-99 budget for the VistaKarlsbad Interceptor Sewer and the project cost estimated for the completion of plans and specifications for Reaches VCSA through VC1 IA portion of the VistaICarlsbad Interceptor Sewer is $97,147 and $6,053 for contingencies, therefore, there are sufficient funds available for this project; and WHEREAS, the City of Carlsbad is responsible for $29,294 and will be reimbursed $73,906 by the City of Vista; and WHEREAS, the amount of $103,200 shall be appropriated from the Vista/Carlsbad Interceptor Sewer; and WHEREAS, funds appropriated in the amount of $475,591 have been appropriated in the 1999-98 budget for the South Carlsbad Village Storm Drain and the project cost -. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 estimated for the completion of plans and specifications is $118,782 and $6,018 for contingencies, therefore, there are sufficient funds available for this project; and WHEREAS, the amount of $124,800 shall be appropriated from South Carlsbad Village Storm Drain; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached agreement between Malcolm Pimie, Inc. and the City of Carlsbad to complete design plans and specifications associated with the VistaKarlsbad Interceptor Sewer, Reaches VCSB through VCIIA, and the South Carlsbad Village Storm Drain projects be approved and accepted. 3. That the Mayor is authorized and directed to execute the proposed agreement between Malcolm Pirnie, Inc. and the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on 16 th day of March , 1999, by the following vote to wit: AYES: Council Members Lewis, Finnila and Kulchin NOES: None ABSENT: Council Member Nygaard ABSTAIN: Council Member Hall ATTEST: (SEAL) AGREEMENT THlS AGREEMENT is made and entered into as of the ktL day of Mar& , 19B, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Malcolm Pirnie. Inc. , hereinafter referred to as “Contractor.” RECITALS City requires the services of an independent Contractor to provide the necessary civil design services for preparation of desian plans and specifications and cost estimate for the VisWCarlsbad Interceptor Sewer Reaches VCSB to VCllA and the South Carlsbad Villaae Storm Drain Proiects ; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS See attached Exhibit “A.” rev. 8126196 2. CITY OBLIGATIONS The City shall: A. Provide Contractor, in writing, all information relating to City’s requirements for the project. B. Provide Contractor reference materials, as requested in writing, and reasonably available. These documents include the 1992 Master Plan of Sewerage, the 75% design submittal, and the draft 1997 Master Plan of Sewage. C. Any other information, as the Consultant’s may request in writing, 3. and necessary to the successful pursuit of the project contract. D. With reasonable promptness, provide required approvals and decisions. 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) 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 inaction or other agencies’ lack of timely action. rev. 8126196 2 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be two hundred fifteen thousand, nine hundred twenty nine dollars $215,929. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 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 (1) vear from date thereof. The contract may be extended by the City Manager for two (21 additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 8. 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 thirtv (301 days of completion and approval of the One Hundred Percent {loo%) Plans CL Specifications the Contractor shall deliver to the City the following items: rev. 8/26/96 3 One (1) sets of specifications One (1) final cost estimate One (4) set of final mylars with disk of electronic files (Sewer Reaches VCSB to VC9 and Reaches VC10 and VCllA and Storm Drain Drawings) Two (2) sets 11” x 17” drawings on bond 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City 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 approved by the City 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, rev. 8/26/96 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 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. IO: 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 as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents. owned by the City and all work in progress to the District Enaineer. The District Ennineer 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, rev. 8/26/W upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. 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 shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor or the City Engineer or designee. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or designee or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure rev. 8/26/96 6 shall prohibit the parties seeking remedies available to them at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City 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, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., 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 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 to disqualify the Contractor from the selection process. 4 % (Initial) P The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 34 (Initial) rev. 8/26/96 7 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City 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 for any purposes whatsoever. The Contractor is an independent Contractor of the City. 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 shall not make any federal or state tax withholdings on behalf of the Contractor or his/her employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or his/her employees or subcontractors. The Contractor agrees to indemnify the City and the Carlsbad Municipal Water District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City and the Carlsbad Municipal Water 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 Carisbad Municipal Water District from any balance owing to the Contractor. rev. 8126196 8 The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, 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. Contractor shall have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. rev. 8/26/96 9 18. 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, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad and the Carlsbad Municipal Water District. Contractor shall at its own expense, upon written request by the City and the Carlsbad Municipal Water District, defend any such suit or action brought against the City and the Carlsbad Municipal Water District, its officers, officials, employees and volunteers; Contractors indemnification of City and the Carlsbad Municipal Water District shall not be limited by any prior or subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts rev. 8i26f96 10 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. 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. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City 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 who is authorized in such capacity and on behalf of the City 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. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify 11 rev. g/26/96 any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The 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. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to rev. g/26/96 12 property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “‘A-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City 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). $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. rev. g/26/96 13 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. 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 an additional insured 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 rev. g/26/96 14 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. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title William E. Plummer. District Ennineer Name Carlsbad Munichal Water District Address 5950 El Camino Real Carlsbad. California 92008 rev. g/26/96 15 For Contractor: Title Name Malcolm Pirnie, Inc. Address 703 Palomar Airport Road, Suite 150 Carlsbad. California 92009 Architect/License Number: Architect/License Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. Ill III Ill Ill Ill Ill Ill Ill Ill III Ill Ill rev. g/26/96 16 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision 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. Executed by Contractor this 24 day of February ,I999 . CONTRACTOR: MALCOLM PIRNIE, INC. rygJyn Paul L. Findley, Vice President (print name/title) By:-& ti 4 &-- (&gn here) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: Douglas M. Owen, Vice President (print name/title) ALETHA L. RAU City Clerk (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 rev. g/26/96 17 STATE OF CALIFORNIA 1 C0UNl-y OF SAff --hcto 1 ss. 1 On DATE before me, NAME AND TITLE OF OFFICER personally appeared &L c. I%~ NAME(S) OF SIGNER(S) &personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -!-buzq k. c&q SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document ~~F&%MAJ&c &mrc~S b&~tw~ Date of Document ~UIRV 24,199~ No. of Pages 13 I Signer(s) other than named above JkwLAS M* OWEA. CMWD 91403 06/l 4/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF %M b&0 \ ss. I On RI G?4/99 DATE before me, ’ NAME AND TITLE OF OFFICER personally appeared 3@UC7US lil a Own, NAME(S) OF SIGNER(S) w personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ;tl Q-a x bw.4 SIGNATt!JRg ;)F NOtiRY (This area for official notary seal.) Title or Type of Document 4komsmi~~ &-mm Au.miw Date of Document FEUAJ 24 ,I449 Signer(s) other than named above PAUL 1, FIfv&EY No. of Pages 17 CMWD 91-493 06/I 4195 Rev. EXHIBIT A Scope of Work - Design Phase It is our understanding that the Owner’s project manager will be Ms, Kelly Efimoff and that all correspondence will be directed to her with a copy being sent to Mr. Doug Helming. The deputy project manager refmed to herein will be Mr. Mike Ruth of Earth Tech. PROJECT MANAGEMENT (Design) Task I IO - Track Project Progress and Schedule Perform overall project management, monitor budgets, and provide a detailed project schedule using Microsoft Project. The anticipated duration of the project and project milestones are as shown on the attached schedule. Task 120 - Monthly Progress Meetings The project manager, deputy project manager and task managers, if necessary, will attend monthly project meetings with the CMWDKity. Malcolm Pirnie will prepare meeting agendas and summaries. Task 130 - Coordhztlon Meetings These meetings wiII be in addition to the regular monthly meetings. Approximately 5 meetings are anticipated in this task. This estimate of meetings provides a basis for the fee proposal. It is anticipated that these meetings will be with the Carlsbad Municipal Water District and City of Carlsbad Engineering Department in order to address design issues such as tic, storm drainage, pavement resurfacing and constructability. In addition, meetings may be necessary with the City of Vista, the City’s geotechnical consultant, North County Transit District, Southern California Gas Company and various other utilities. These meetings will typically be attended by the project manager, deputy project manager and appropriate task manager(s). Also included in this task will be the preparation of a meeting summary that will be distributed within 5 days to the CMWDKity’s project manager and all attendees. Malcolm Pimie is available to attend public meetings but has not included this effort in the fee proposal. Time required to attend meetings with agencies to discuss environmentaI and permit issues is included in Task 410 Permit Services. Task 140 - Subconsultant Management Malcolm Pirnie will have total responsibility for the administration and technical and financial aspects of this project, including overall management and coordination of the project’s sub-consultants. Under this task, our Project Manager will provide direction, cooniinate the efforts, track the progress, and administer the contracts of the various sub-consultants. The sub-consultants to 1 - h Malcolm Pimie are Earth Tech, Dame11 & Associates, Haley and Aldrich, Beyaz & Patel, BHA, DHK and Raz Konyalian. Task I SO - Project Documentation Communication is most effective if it is accurately documented and distributed for the benefit of the entire project team, both internally and externally. The objective of this documentation is to provide concise summaries of each major decision that will keep the entire project team up to date and will serve as the basis for implementation of subsequent work efforts. Copies of all memos, letters, telephone conversation reports, etc. will be provided to the CMWD/City project manager. Task I60 - QMQC Senior members from both Malcolm Pimie and Earth Tech will provide Quality Assurance and Quality Control of the project. The members of this group will provide an independent review of the contract documents and assist in the resolution of technical differences that may potentially arise. QA/QC review will be performed prior to the 90% and 100% submittals. Raz Konyalian, as sub- consultant to MPI, will provide assistance to resolve design issues/differences between MP1 and Earth Tech. DOCUMENT REVIEW Task 210 - Review Existing Design Drawings & Cdculations Malcolm Pimie will review Earth Tech’s previous 90% design submittal consisting of drawings, specifications, hydrology and hydraulics calculations, and their design notebook. This also includes review of previous meeting minutes and correspondence in order develop an understanding of the issues related to Earth Tech’s portion of the design. Specific elements to be reviewed are the basis of horizontal alignment, structural details, permit status and requirements, construction sequence, procedure for Tamarack tunnel crossing, and geotechnical considerations specific to the Earth Tech alignment. The effort to perform any revisions that may be necessary is included in Task 320, Final Design Drawings. Task 220 - Prepare Plat & Legal Descriptions for NCTD License Malcolm Pimie will provide the CMWDKity with a plat and legal description for all sewer and storm drain facilities located within the railroad right-of-way. It is anticipated that the CMWD/City will be responsible for processing the submittal package and any related fees in order to obtain a license from the North County Transit District. A field survey will be performed to verify that the previous Earth Tech horizontal control is consistent with the Malcolm Pimie design. 2 FINAL DESIGN Task 310 - Combine Drawing Packages Malcolm Pimie’s original contract drawings will be re-stationed by adding 100 to the stationing and adding a station equation where the previous Earth Tech and Pimie contracts join. The station equation and restationing is necessary to eliminate an overlap in stationing between the 2 drawing sets. This will provide a more clear and concise drawing set and minimize confusion during construction. Re-stationing will impact the original Malcolm Pimie drawings only. The concept for repackaging the drawings will be as identified on the attached drawing list (Exhibit A). Task 315 - Implement Original 90% Review Comments This task consists solely of the effort for Earth Tech, as a subconsultant to Malcolm Pirnie, to complete their portion of the contract documents as originally contracted with the City and to respond and implement previous 90% review comments provided by the CMWD/City, utility agencies, the North County Transit District, and the CMWDKity’s geotechnical consultant (Woodward- Clyde) as applicable to the repackaged contract. Comments related to engineering calculations and cost estimates will also be addressed in this task as it relates to the original design concept developed by Earth Tech. Task 320 - Final Design Drawings (90%, 100% & Find) Malcolm Pirnie will eliminate the Open Trench alternative (Schedule A) method of construction in Jefferson Street. The interceptor sewer design will maintain the deeper profile established previously for microtunneling and the Oak Avenue portion of the interceptor sewer design will be identified as either open trench or microtunnel construction as selected by the contractor. Schedule ‘A’ related details and traffic control schemes will be removed from the drawing set. Traffic control drawings will be renumbered as appropriate. The bore and jack railroad crossing at the end of Oak Avenue will be eliminated and junction structure A-2 will be replaced with a typical manhole. The Oak Avenue profile will be deepened at the intersection of Oak Avenue and Roosevelt Street in order to cross beneath the existing collector sewer and to eliminate the elaborate connections and bypass arrangement previously designed to accommodate the separate contracts. The repackaged contract drawings will be resubmitted as a 90% submittal for review and comment. The comments will be addressed and a lOOoh design package submitted for final comment. These comments will be addressed and final mylars delivered to the CMWYCity for Bidding. The effort to address 3 review comments and Malcolm Pimie’s review of Earth Tech Drawings is included in this task. Three (3) signage and striping plans will be added to accommodate A.C. overlay for the streets impacted by the Earth Tech design. The requirements for A.C. overlay will be as specified in the original Malcolm Pirnie specifications. The limits of A.C. overlay will be shown on the drawings. MPVEarth Tech will prepare structural details at the connection of the modified Type “F” catch basins to the retaining wall along the west side of the I-5 right-of- way. We will revise details based upon input from the City of Carlsbad. We will not perform any direct coordination with Caltrans as part of this task. It is assumed that one (1) detail sheet will be required in conjunction with this task. Due to the substantial completion of design, changes to horizontal alignment, profile, or pipe size which may be requested by the C&ND/City or other permitting agency are not anticipated and therefore such effort would be considered to be beyond this scope of work. Malcolm Pimie, Inc. will seal their respective design drawings and Earth Tech will seal the drawings prepared solely by Earth Tech. Task 330 - Revise Spec@btions The 2 sets of Contract Specifications previously developed will be consolidated into a single set of specifications and bid documents. The technical specifications will utilize the CSI format. The original MP1 specifications will be revised to incorporate the Earth Tech design. Any reference to the previous open trench alternative (schedule A) will be removed from the specifications. Changes to the specifications caused by the combining of the 2 phases of work will be addressed under this task. Maintenance of operation of existing facilities will also be addressed within this task as well as revisions to the microtunneling and/or pipe jacking specification. It is our understanding that the CMWDKity will prepare Special Provisions to the City’s General Conditions with the exception that MPVEartb Tech will prepare the Bid Schedule and Measurement & Payment SeCtionS. The specifications will be submitted for review along with the drawings as identified above in Task 320. The specifications will be closely reviewed by both Malcolm Pimie and Earth Tech to ensure that the specifications are consistent with the intent shown on the design drawings as prepared by both firms. 4 It is anticipated that 4 bid schedules will be developed for this project which will define the following elements of work: Schedule A - Vista Carlsbad Interceptor Sewer Schedule B - Other Sewer Work Schedule C - Storm Drain Improvements Schedule D - Street Resurfacing A deductive bid item will be developed for bid schedules A & C to allow the contractor to reduce his bid for last minute reductions in pipe cost that may be obtained by pipe suppliers. Task 33I- Prepare Alternate Pipe Specification Not Included Task 332 - Develop Cost Reduction Incentive Specification Not Included Task 340 - Design Slope Failure Repair Assist the CMWD/City in the preparation of a scope of work to request further geotechnical information. When geotechnical recommendations have been provided to Malcolm Pimie f?om the CMWDKity, Malcolm Pimie/Earth Tech will develop a grading detail and specifications to reconstruct the slope. Coordination with the gas company is also anticipated within this task. MPI/Earth Tech will also provide additional topography by field survey at the Agua Hedionda Lagoon storm drain outlet as required to define the extent of the slope failure. Task 350 - Prepare Cost Estimates An Engineer’s Estimate of Probable Construction Costs will be prepared. The cost estimate will be projected to the mid point of construction. The format provided will be a standard line item estimate with quantity, unit cost and total cost shown and will match the items identified in the bid schedules. The estimate will not include a breakdown between material, equipment, and labor. The cost estimate will be adjusted to be consistent with the bids received from the previous Malcolm Pirnie Design. Prior to combining the cost estimates, Malcolm Pimie will review Earth Tech’s unit costs from their 90% submittal as compared to the previous bids received DELIVERABLES: Provided in accordance with the enclosed schedule. 10 sets of 24” x 36” blueline drawings 10 sets of specifications 7 sets of cost estimate 10 sets of 24” x 36” blueline drawings 1 set of 24” x 36” vellums 10 sets of specifications 7 sets of cost estimate 1 set Final Hydrology/Hydraulics Calculations (stamped & signed) 1 set of 24” x 36” mylars 1 set of single sided specifications 1 copy of final cost estimate 2 sets of 11”~ 17” drawings on bond (Not to Scale) AutoCadd Files (Release 13)of drawings on CD-ROM Note: MP1 will provide and distribute review sets to the reviewing utility agencies. Task 360 - Perform Noise Study on Jeffison Street Malcolm Pimie will perform a field survey of the ambient noise levels along the proposed locations of the jacking shafts. The data will then be used to better define noise mitigation requirements in the specifications. Based on the site inspection, an ambient noise monitoring program will be completed using a A-weighted Sound Level Meter. The Sound Meter wiII be equipped with optional circuitry and microphones to meet the requirements of ANSI S 1.4 for Type II precision sound level meters. A Bruel & Kajaer (B & K) Type 4936 prepolarized random incidence microphone wiIl be integral to the sound meter. The sound meter will be positioned 4.5 feet above the ground. A minimum of six (6) monitoring locations will be provided. Noise monitoring will be completed over a two day period. It is proposed to complete morning, afternoon and night monitoring sessions to characterize the existing conditions with each monitoring event lasting approximatdy 30-minutes. 6 - Table 1 provides a matrix of monitoring activities: Table 1 Jefferson Street Ambient Noise Monitoring Program * Chestnut and Oak Avenue locations PERMIT SERVICES Task 410 - Permit Assistance Prepare minor revisions to the current NPDES permit application and En&a application for construction dewatering and submit to the RWQCB and Encina, respectively. Perform minor revisions to the previously prepared Storm Water Pollution Prevention Plans (SW-PPP) prepared by Malcolm Pimie and Earth Tech to eliminate conflicts between the requirements of the 2 plans. It is anticipated that 2 SWPPPs will remain for the 1 project. The previously prepared N.O.I. will be amended by MP1 to cover the entire project. The N.O.I. will be provided to the CMWDKity for submittal to the State Water Resources Control Board. The SWPPPs will comply with the requirements of Order No. 92- 08 as originally prepared. Malcolm Pimie will provide technical assistance to the CMWDKity’s environmental consultant in the preparation of permit applications to the Corps of Engineers, the RWQCB and California Department of Fish and Game. Technical assistance shall include an initial briefing meeting, attendance at agency meetings and providing Cadd files and blueline drawings for the environmental consultants use. It is our understanding that the City will perform all coordination with Caltrans and the Coastal Commission and obtain the necessary permits. MPI&rth Tech will provide assistance in the technical issues. Earth Tech will transfer the remaining 20% balance of $2000, from Task 10, NPDES permit (construction), from their previous contract with the City of Carlsbad. This task will require final revision in accordance with the original contract. - Exhibit A VistalCarlsbad Interceptor Sewer Replacement and South Carlsbad Village Storm Drain Combined Drawing List e Sheet Rea esVClO&VCllA 2 Index of Sheets 3 L~endlAbbreviationsIHorizontal Control Earth Tech Earth Tech SDNR R/W - Sewer/Storm Drain - Sta. 1 +00 to 1 W-00 5 SDNR R/W - Sewer/Storm Drain - Sta. 1 1 +00 to 23+00 6 SDNR R/W - Sewer/Storm Drain - Sta. 23+00 to 3900 Earth Tech Earth Tech 1 Traffic Control - Intersection Tvnicals 32 1 Traffic Control - Harding Street 1 Earth Tech 33 Traffic Control - Palm Avenue (Phase I) Earth Tech 34 Traffic Control - Palm Avenue (Phase II) Earth Tech 35 Traffic Control - Harding Street Earth Tech 36 Traffic Control - Harding Street Earth Tech 37 Traffic Control - Chestnut Avenue Earth Tech 1 Traffic Control - Pine Street I 1 EarthTech I 46 Traffic Control - Chestnut Avenue Earth Tech 47 Traffic Control - Chestnut Avenue Earth Tech 48 Traffic Control - Intersection Typicals Earth Tech 49 Traffic Control - Intersection Typicals Earth Tech 50 Traffic Control - Chinquapin Avenue Earth Tech 51 Striping Plans - Harding Street Earth Tech 52 Striping Plans - Harding Street Earth Tech 53 Striping Plans - Chestnut Avenue Earth Tech MALCOLM PIRNIE DRAWlNGS 1 1 Title Sheet Reaches VCSB through VC9 I 2 I 1 Index Sheets I MP1 1 MP1 I 3 4 5 Control Plan, Index and Legend MPI Oak Avenue STA 143 + 00 to STA 150 + 75 MPI Oak Avenue STA 150 + 75 to STA 158 + 60 MPI 6 7 8 ? 10 11 Oak Avenue STA 158 + 00 to STA 165 + 00 MPI Oak Avenue STA 165 + 00 to STA 172 + 00 MP1 Oak Avenue STA 172 + 00 to STA 178 + 06 MPI Oak Avenue STA 178 + 00 to STA 185 + 00 MPI Oak Avenue STA 185 + 00 to STA 192 + 00 MPI Oak Avenue STA 192 + 00 to STA 199 + 06 MPI 22 23 24 25 Construction Traffic Control - Oak Ave, State St. to Roosevelt St. - Open Trench Construction Traffic Control - Oak Ave, Roosevelt St. to Madison St. - Open Trench Construction Traffic Control - Oak Ave, Madison St. to Jefferson St. - Open Trench Constmctkm Traffic Control - Oak Ave., Railroad Station to Roosevelt Street MPI MRI MPI MPI 26 Traffic Control - Oak Ave., Roosevelt St. to Jefferson St. MPI 27 Traffic Control - Jefferson St., Oak Ave. to Grand Ave. MPt .28 Traffic Control - Jefferson St., Grand Ave. to Arbuckle PI. MPI 29 Traffic Control -Jefferson St., Arbuckle PI. to 250’90 Laguna Dr. MPI 30 Traffic Control - Jefferson St., 250’ S/O Laguna Dr. to Buena PI. MPI 31 Traffic Control - Jefferson St., Buena PI. to 350’ N/O Buena Vista MPI 32 Jefferson St. Trenching, Las Flores Dr. to 350’ N/O Buena Vista MPI 33 Traffic Control - Storm Drain - Oak Ave., Railroad Station to State MPI I st. 34 Traffic Control - Storm Drain - Oak Ave. State St. to Tyler St. MPI 35 Traffic Control - Storm Drain - Oak Ave., Tyler St. to Roosevelt St. MPI 36 I Traffic Control - Storm Drain - Oak Ave. R&sevelt St. to Madison MPI 1 S”MJVlt:f OF STANDARD CHARGES This document describes the basis for compensation and terms of payment. All rates presented apply to services rendered during calendar year 1999 and are subject to adjustment on January 1 of each subsequent year. In addition to these fees, clients will also be responsible for any sales or value-added taxes that may apply to engineering services performed. I. Hourly Rates: Charges for services provided will be in accordance with the following schedule: Classification Hourlv Rate Technician 1 s 38fhr Technician 2 45 Technician 3 54 Technician 4 71 TechnW.n 5 78 Technician 6 95 Technician 7 109 Technician 8 130 Engineer/Scientist/Architect 1 70 EngineerlScientisthitect 2 80 Engineer/Scieatisthitect 3 85 Project EngineerlScientisthitect 4 94 Project Engineer/Scientist/Architect 5 108 Senior Project Engineer/Scientist/Architect 6 131 Associate 153 Senior Associate 170 Officer 192 Overtime - No overtime premium is charged for project work outside of normal working hours. 2. OtheriXrect Costs: All expenses incurred for a project except in-house services specified bcloy, from outside vendors will be invoiced at cost plus 10% to cover administrative expenses. These items may include, but arc not limited to: shipping charges; printing; supplies; equipment; travcling expenses; special insurance; licenses; pexmits; or subcontractors. In-house services consist of: l Computers S9/hour for microcomputers S 1 g/hour for CADD S4Oihour for GPSX process model l Transportation $0.34/1&e for automobiles S0.44mile for 4x4 vehicles l Reproduction ‘SO. lO/copy for standard page sized documents l Laboratory Unit prices for sample testing, handling, and storage are available for individual assignments 9 Equipment A schedule of usage rates for specialty equipment is available for field assignments 3. Payment:. All invoices are due and payable within 30 days of billing date. Any attorney’s fees, court costs, or other reiated expenses incurred in collecting delinquent accounts shall be paid by the client. Delinquent bills are subject ti, fmance charges of 1 S% per month. cOnfiricnlia~ Business ht/rmalion CONY-I 7 1i ja I I I , c !iT ;jr; I” i ,Y 2 q I’ 1 Y z 1 I Y 1 Y Y t Y : I I . Y 8 !O Y ! ! I Y ;?! 5 I 5 I I , I 1 i I 3 II i I . ! 1u I 1 ’ I ,iu 7 ’ I -ii d * I d ‘W I I wiu p IC L < 1 Y I Y I r I: Y 0 Y L Y ?- L 1 Y H I . I I- * , H I I I L i ; , I :- 5: 1 * 1 r I , IH . Ia 1: fi’ I !C 1 1. I I L : ii NV -/ !e 1: i: I 1. I I 2 82 9 t- fi: HY 1 0 Y Y I Y 1 Y 4 Y i” y! t , (I! ‘6 5: 0 W- n. ,z u Win Y)(H O’T- o/w G ‘; 3i8 d;d tilei I w,w *in 10 ‘ru IQ ‘9 c $- g h I t iw i* ‘Q 10 :- 3 NI g ‘cr, Fe3 ,E!, ! I *. 2: 0, p: : -a ; $ s/ s ISi f 1 ; 8’ 5; h/ #I “gi fg $; T 1~ / 1 P s I ’ , ( , , i: I , , , , , i i 1 1 1 i i i i I i t E Y 111 H j d m 3 m I H I H . H I m B m m I Y L P,H H.Y) 0, c:g r-ijti H’N s’- 8 "5 I- r 1: g 8 6 (r, . w - CERTIFICATE OF RESOLUTION P sistant I, RICHARD P. BROWNELL, Secretary of Malcolm Pimie, Inc., do hereby certify that the following resolution has been duly adopted by the Board of Directors of the Corporation. RESOLVED that Paul Findley, Vice President, and Douglas Owen, Vice President, are hereby authorized to execute on behalf of Malcolm Pimie, Inc. the Agreement with the Carlsbad Municipal Water District to provide professional services for VistalCarlsbad Interceptor Sewer Replace Project, Reaches VCSB to VC1 1A and the South Carlsbad Village Storm Drain Projects, CWMD Project 91-403. This authorization is granted in accordance with a Resolution adopted by the Board of ‘Directors of Malcolm Pimie, Inc. at a meeting held on December 10, 1998. The Resolution sets forth the procedures for signing contracts and agreements. I further certify that the foregoing Resolution has not been modified or repealed and that it is in full force and effect. IN WITNESS WHEREOF, I have executed this Certificate and affixed the corporate seal this 26th day of February, 1999. (corporate seal) STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) ss.: Signed before me this 26th day of February, 1999. CERTWERTRES. RPB . ’ , * 8 s, . L ‘. ilapin, Lieb Pike and Rampolla Insurance Services for Commerce and Industry 55 Springfield Avenue, P.O.Box 693 COMPANIES AFFORDING COVERAGE Springfield, NJ 07081 . . . . . . . . . . . . . . . . . . .._...... L”” : COMPANY Centenn, al....fnsurance .tompany U&3: Ext: A . . . ,._........._............... . . . . . . . .._.....__.._... .._,_,. ..__._.._...._................. INSURED Malcolm Pirnie, Inc. 104 Corporate Park Drive P. 0. Box 751 White Plains, NY 10602-0751 COMPANY Lumbermens Mutual Casual.i$ Co. B ; COMPANY C : COMPANY D . . . . . . . . ..i_.. .._L.. .\.... .:..:... ..i... .i.ii........... . . . . . . . . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AhO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAlMs. co .TR TYPE OF INSURANCE GENERAL LlABlLlTY x i COMMERCIAL GENERAL LIASILllY . . :.:.:.:.:.:.:.: A ~3.. _,j CLAIMSMADE i.5 j OCCUR OWNER’S 6 CONTRACTORS PROT .: . ..j : AUTOMOBILE LiMILIlY :x ANYAUtU .: : ALLOWNEDAUTOS . . A i, _,,,, ,i SCHEDULED AUTOS : x : HIREOAUTOS x NON-OWNED AUTOS ‘. ..; GARAGE UABluTY ANY AUTO : . . : : EXCESS LUBlUTY B x UMBRELLA FORM : : OTHER THAN UMBRELLA FORM WORKERS COMPENSATION MO EMPLOYERS LlAenrrY A ME PROPRtRORl PARTNERYMECUTlVE I .X..l - OFFICERS ARE :=a OTHER ESCRIPTIDN OF DPERATlDNsILDCAliMW OPERATIONS OF THE NAME POLICY NUMBER 299502465 (1) 01/01/1999 299502465 (1) 4SL001520 (1) 401711803 -ITEMS INSURED. POLICY EFFECTlVE DATE (MM/DDtYY) 01/01/1999 01/01/1999 01/01/1999 ‘GLICY EXPIRATIDN DATE (MMlDDfYY) ! LIMITS : GENERAL AGGREGATE !s 2,ooo,ooc . . PRODUCTS - COMPIOP AGO : S ..,__,...,................,......,............; 1 ooo,ooc ..'. Ol/Ol/2()0() F!~~“~~&~v?!.. i : 1,000~,000 1 000 000 . . . i . . . . . . . . . . . . . . ...! . . . . . . . . ...? FIRE DAMAGE (Any one Cm) i S 100,000 ME0 MP (Any me pison) : S 5,ooc COMBINED SINGLE LIMK ;f :. ;. 1, 000 ’ ooc i BODILY INJURY (Pi-) !s 01/01/2000 : ~~IM~RY is : ,..,..,..............,..,............ 3 PROPERTY DAMAGE iS AUTO ONLY - EA ACCIDENT i S t on+= - Am0 OlgLy: j . . . . . . . . . . . . . . . . . . . . .._ :_ (......(...,.,_.../ :- . . . . ..._/ .>,.. ..,..., ~~~~:~~~~~~~~~ i.. . . ._____ ,.. .::.:.:~.:r:.:.:i.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.~:.~:.:.:.: EAcHAcmEN-Ti s : .; AGGREGATE ; S : EACH OCCURRkCE ;s :. 1~,ooo,ooc 01/01/2000 iAGGREGATE : iS 1o,ooo,ooc i* ix:wc- TORY UMKi i OET. ;Bi;Bi~ii:i-‘~~~~~:~~~~~~~~:~ . ..A is 5oo,ooc : ELMSEABE-POLKZYLIMIT : s 500 ooc : . . .! 1 ELDISUSE-EAEhtPLOYEEi S 5oo,ooc (1) THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE INCLUDED AS ADDITIONAL INSUREDS, BUT ONLY FOR WORK PERFORMED BY MALCOLM PIRNIE, INC. Carl sbad Municipal Water Di strict Attn: Kelly I. Efimoff 5950 El Camino Real Carlsbad, CA 92608-3367 BMOULD ANY DF TNE ABOVE DE6CRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREDF. THE lBSUlNG COMPANY WILL ENOEAVOR TO MAIL WRITENNOTICE~OTNE TIFICATE HOLDER NAMED TO THE LEFT, ND DEiLlGATlON DR LIABILITY FAX (9731564-5236 TI Insurance Services ONLY A HOLDEL . . . . . ..s w_.. . , ALTER THE COVERAGE AFFORDED BY THE POilClES BELOW. Avenue, P.O. Box 693 COMPANIES AFFORDING COVERAGE P T”‘s ~‘~T\FICATE DOES NOT AMEND. EXTEND OR I . . . ..j. :.... :.: . ..i...... :- il...... -. ..i....:... :. ..:..i..... ,....... ...“p’“.$.$.$ ?j A CORD ~~~~~~~~. ;:: . . ” ““..“’ ., i:*::jJii ..i::i;::‘ii.? .i’i“.‘:‘:‘:y-. . . . . .: :.., : . . I. . . P -Ty :. .:.:: ,.: ._. .: : .:.:.:... :_ :,...,: .,.?: . . . . . ..‘..~.....‘...............~.~.~.~~.~.~~...~............. ,.:,:.:.,.:.,.:., ,... .:.: -.:::::,.: .,... ::.:\ ‘.:.:.>..:.:.:.: .,.,.,.,..., ;. .., ,.,.. ,. . . . . . . . . . . . . . .:... z ~:.~:~iii::~~~sl-:~~~~~~~~~~~~~:;-.: ;:;?:j;;; ; . . . .,.( ,. . . . . . . . . . . . : .:.:.....:. .:.: : ..:: :. : . . . . . . . . : ‘. .-.Y.:.:.:-: ..,.... :.:.:: ::..: i:::.:...: . . . . . . . . . . . ..,... .,...,. . . . . ‘I,:.‘.: 2::::::: ;,:.: .,_ . . :.. . . . ...:.:;. ..: ,.,., . . . . . . . . . .:.:.. ::i.. . . . . :.:. --.:::-.::::-: . ...: ‘-:.: .,.. .:::::-:: : .:.::: .:.i:... :~:::::~~,:.;,,,: +:: ,... ;.;.:: . . .: .,,.... .:... j 02/25/1999 Springfield, NJ 07081 Attn: Ext: cg-finental COMPANY Casuaj ty co. A ._..__...,._., .._....._ ..,.._.......... . . . .._..._. .._...,_. . . . . . . . . . . . . . . . . . . . . . .._.......................... ......._.....__......... ‘NSuRED Ma1 calm Pi rni e Engineers , Inc. ; COMPANY 104 Corporate Park Drive B P.O. Box 751 ’ COMPANY White Plains, C NY 10602-0751 : ; COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED, NClWlTHSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AhD CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . . . .._ fT: TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE : Wucy EXPlRATlON : j DATE(MMIDDPIY) ; DATE (MhUDDm) LIMITS GENERAL LLABILITY . . . . . . . . . . . .._. COMMERCIAL GENERAL LIASlLllY ; . . .:.:.:.:.:.:,:.. :.:.:.x.:.:.:. :j;:;:;:;:;:;:: : CLAlMSMADE ; .. ; OCCUR :’ OWNERS 6 COFmUCTORS PROT ; : ., ; ,f~lOMOULE UIBlUTy : ANYAUTO :_... ..: GENERAL AGGREGATE ; S . : PRODUCTS _ COMPIOP AGG i S j... .,.. PERSONAL 6 ADV INJURY : S EACH OCCURRENCE i$ .;. FIRE DAMAGE (Any one fire) : f : ME0 MP [Any OM person) is COMSINED SINGLE LIMIT :s j ..,.,....... .._...... ’ _:_.. .., ALL OWNED AUTOS : 8ODlLY INJURY : : SCHEDULED AUTOS -Wfparron) is ._ i, ., : HIRED AUTOS j SODILY INJURY NON-OWNED AUTOS jPw- is : . . . . . . . . . ..:. :.. : : ; PROPER-W DAMAGE jf GARAQE LIABILITY AUTO ONLY. EA ACCIMM i f ..: :.: :.:...:::.:p ANY AUTO ; OTHER THAN AUTO ONLY: : ,I’.: .I.. _;. .j ; ., . :.: -:g:~;;$;;.:~:;; i.. : : ..,. j:::.::.:::::: ; EACH ACCIDENTi S AGGREGATE : S EXCESSLiABILITY ! EACH OCCURRENCE :S UMBRELLA FORM i AGGREGATE s i.. . . . : OTHERTHAN UMBRELLA FORM S EMPLOYERS’ LlASKlTV . . . . . . THE PROPRlETDw : PARTNERSfEXECLITlVE j ,m ; . . . . . . . . :a& OFFICERS ARE OTHER . A jVofessiona1 Liability; AEN 821 40 23 j ELEAC!dACUDENT S i.. :ELDlsEAsE.PoLtcYUMK s : . . . . . . . ; ELDlsEAse-EAEMPLOYEE s :Per Claim and :07/01/1998 i D7/01/1999 &,nual Aggregate 110.000, iInc1 udi ng Cl ai ms expense DESCRIPTION OF OPERATtDNS/LOCA~ECW ITEMS OPERATIONS OF THE NAMED INSURED. ..,. . ,, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~,, .,.,....... F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ,........... i..~ . . . . . . . . . . ',.;.,.I~," . . . . . . p, . . . . . ..... ;"' .. j I:j,:j:~q~:l:~, . . . . . . . . . . . . ..i . . .._.. . . . . . ii. . . . ..i...... . . . . . . . . . . . . . . . . . _.,., . . . . . ,A.... . . . . ..A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._/............................... :: ,...,...,.......,! . . . . . . . . . . . . . . . . . . . . . . . . ,.,.......,...... . . . . .._. . . . . . . . . . . . . . . .._ .., . ..... . . . . . . . . . . ..A . . . . . . ..v.. ..,.../. ..C,. . . . .._.._..._.. ::..3..:: .,......._ I I ,..,.. c .n. x . . . ...? . . . . . . . . ': SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO m l+4E EXPlMTlGN DATE THEREOF, THE ISSlJtNG CGMPNY WILL ENDuvoll 10 WL Carl sbad Municipal Water Di stri ct Attn: Kelly I. Efimoff 5950 El Camino Real YSWRITENNOTICETO -moLEFr IMPOSE NO OBUGATKy( a WWW S AOENT9m REFRESENTATIVES. Carlsbad, CA 92608-3367 January 28,1999 TO: LEE RAUTENKRANZ, CITY CLERK FROM: Bill Plummer, District Engineer PROFESSIONAL SERVICES AGREEMENT BETWEEN MALCONLM PIRNIE, INC. AND THE CITY OF CARLSBAD FOR APPROVAL OF CONTRACT TO COMPLETE DESIGN PLANS AND SPECIFICATIONS FOR THE VISTAlCARLSBAD INTERCEPTOR SEWER REPLACEMENT, REACHES VC5B TO VCIIA AND THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECTS, CITY PROJECT NOS. 3182 AND 3528, CMWD 91-403 Attached is the original agreement scheduled for review approval and execution at the City Council Meeting on March 23, 1999. Upon approval and execution, please forward the District copy and the Consultants copy of the signed agreement to Sandy Schuck for further processing. If you have any comments or require any additional information, please give me a call at extension 7126. Thank you, WILLIAM E. PLUMMER, P. E. District Engineer WEP:sjs attachment CMWD 91-403 Date: MARCH 23, X999 To: William Plummer - CMWD From: Kathleen Shoup - City Clerk's Office Per your written instructions above, I am returning a copy of the Malcolm-Pirnie agreement for your files,:.arid also a copy of the agreement (including copies of the agenda bill and resolution) for the consultant.