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Home My WebLink About1999-08-10; City Council; 15348; Foxes Landing Sewer Lift Station8 ’ , % .e. . . g 2 2 P a >o E % . . p 2 d 0 5 g h h CITY OF CARLSBADKARLSBAD MUNICIPAL WATER DISTRICT-AGENt 9B# TITLE: APPROVAL AND EXECUTION OF AGREEMENT I( 3q 8 FOR FINAL ENGINEERING DESIGN SERVICES FOR \IITG. 08/l O/99 INTERSTATE 5, 16-INCH WATER PIPELINE CROSSING AND FOXES LANDING SEWER LIFT STATION 14-INCH DEPT. CMWD FORCE MAIN, CMWD PROJECT NO. 98-407, CONTRACT NO’S. 36591 AND 36561 Y3/45- 0 53 A BILL DEPT. HD._,@ ‘@s CITY ATTY. RECOMMENDED ACTION: City of Carlsbad City Council: Adopt Resolution No. ?‘?-dbY for approval and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water and sewer pipelines for Interstate 5, 16-inch Water Pipeline Crossing and Foxes Landing Sewer Lift Station 14-inch Force Main; CMWD Project 98-407, Contract Nos. 36591 and 36561. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /06 2 for approval and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water and sewer pipelines for Interstate 5, 16-inch Water Pipeline Crossing and Foxes Landing Sewer Lift Station 14-inch Force Main; CMWD Project 98-407, Contract Nos. 36591 and 36561. ITEM EXPLANATION: The project involves final design to construct pipelines including a 16-inch potable water line under the Interstate 5 Freeway and a new 14-inch sewer force main for the Foxes Landing Sewer Lift Station. The firm of Kennedy/Jenks prepared the preliminary design report for both projects. This firm has specific knowledge of this project and is uniquely qualified to prepare the final design for l-5 Waterline and Foxes Landing Force Main. Staff determined that Kennedy/Jenks proposal of $53,500 is fair and reasonable and that they are capable of performing the work. For these reasons, the purchasing officer has waived the requirements for multiple proposals. ENVIRONMENTAL REVIEW: The Planning Department has determined that the final design and construction of the pipeline work is exempt from CEQA in accordance with Section 15301, paragraph 21152b, Class 1 for the Foxes Landing sewer force main and the l-5 water pipeline crossing. FISCAL IMPACT: The design reports are estimated to require two months to complete and the fee shall be not to exceed $53,500 (Sanitation Funds share of the cost is $26,750 and Water Funds share of the cost is $26,750) for design services. 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. n Page 2 of Agenda Boil No. I 4; 3 4 g h TABLE 1 WATER’ F~N~~E~~~;~~~~~~~~~D~~~~~~:SE~~~~ES’F~R‘INTER~T~~E 5 ‘: ‘_ ~Fjilfb&f WATERi ~lpEL~&~ROSSlNG IS-Inch Potable Water Pipeline Design Services $ 26,750 Estimated Construction Cost Including Inspection 261,350 TOTAL ESTIMATED PROJECT CQSTS 288,100 Appropriation Available as of July 01 ,I999 288,100 ADDITIONAL APPROPRIATION”” ” l o- . TABLE 2 SANiT;P;Tli);~P$NDS;EN~;I~~~RINqr’~~RvICESI,F~~~~~~s SE,/,,ER LIFT; sTA+jON ‘F&GE MAIN i Foxes Landing Sewer Lift Station Force Main $ 26,750 Estimated Construction Cost lncludina lnsoection I 300.000 TOTAL ESTIMATED PROJECT COSTS’ Appropriation Available as of July 01, 1999 ADDlTlONAL~~Al?P,ROPR1~Tl0N 326;750, 612,000 -O- EXHIBITS: 1. 2. 3. 4. Location Map-Interstate 5-16” Potable Water Pipeline Crossing. Location Map-Foxes Landing Sewer Force Main. Professional Services Agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District. City of Carlsbad City Council: Adopt Resolution No. % - OrbY foi approval and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water and sewer pipelines for Interstate 5, 16-inch Water Pipeline Crossing; CMWD Project 98-407, City Project 36591. 5. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 10 6 2 for approval and execution of agreement between Kennedy/Jenks Consultants, City of Carlsbad and Carlsbad Municipal Water District for engineering design services for water and sewer pipelines for Foxes Landing Sewer Force Main; CMWD Project 98-407, City Project 36561. LOCATION MAP ANATRA ‘\ “i ‘j ‘i +.. INTERSTATE 5 16-INCH ‘i, ‘i, WATER PIPELINE CROSSING Project Name: INTERSTATE 5, 16-INCH WATER PIPELINE CROSSING CONTRACT Non 36591 Exhibit No, 1 _ _ LOCATION MAP FOXES LANDING SEWER LIFT STATION FORCE MAIN Project Name: FOXES LANDING SEWER LIFT STATION FORCE MAIN CONTRACT No, 36561 Exhibit Non 2 THIS AGREEMENT is made and entered into as of the 10 th day of August 9 19x, by and between the CITY OF CARLSBAD, a municipal ------.-as---m --WATER---- -. .- - DISTRICT, a Public Agency organ&d under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad hereinafter referred to as “District”, and KENNEDY/JENKS. CONSULTANTS, a California corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of an enaineerina desian Contractor to provide the necessary enaineerina desion services for preparation of desian documents for Interstate 5. 16-inch Water Pioeline Crossinq; and District requires the services of an enaineerinq desian Contractor to provide the necessary enaineerino desian services for preparation of desian documents for Foxes Landina Sewer Lift Station Force Main; and Contractor possesses the necessary skills and qualifications to provide the services required by the City and the District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Cii, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS See attached Scope of Work, Exhibit “A”, attached hereto and made a part hereof. 1 rev. 03/22/99 2. CITY OBLIGATIONS The City shall provide City of Carlsbad topographic maps and as-built drawings of existing sewer pipeline and lift station. The District shall provide City of Carlsbad topographic maps and as-built drawings of existing water 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 m hundred seventv (270) [wed&&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 fixed fee payable for the services to be performed shall be not to exceed $ 53,200.OO. 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 and the District. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” rev. 03/22/99 5. DURATION OF CONTRACT This agreement shall extend for a period of one vear (1) from date thereof. The contract may be extended by the City Manager/Executive Manager for one (1) 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 ejfective 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 seven (7) days of completion and approval of the Deouty Citv Enaineer the Contractor shall deliver to the City the following items: Design reports with 24” X 36” plan and profile sheets and Auto Cad Release 14 digital copies, cost estimates and specifications. 8. 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 or the District 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/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 3 rev. 03/22/99 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. 4 rev. 03/22/99 11. TERMINATION OF CONTRACT In the event of the Contractots failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager/Executive Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and the District and all work in progress to the Deoutv Citv Enaineer. The Deuutv Citv Engineer 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 Cii 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 5 rev. 03/z/99 in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false daim is submitted to the City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor 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 Car&bad or the Cartsbad 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. Q&Do L (Initial) 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. L+$4J~~lnitial) 13. JURISDICTION Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 6 rev. 03/22/99 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 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 kr proposal. The persons used by the Contractor to provide services under this agreement shall not be cmsidered employees of the City or the District for any purposes whatsoever. The Contractor is an independent Contractor of the City and the Diict. 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 behatf 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 7 rev. 03/22/99 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. 16. 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 agencies. 2 16. 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 tem?inated, 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. 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 District and hereby agrees to relinquish all claims to such copyrights in favor of City and District. rev. 03122/99 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 induding attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent ad or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 19. ‘ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City and the District. 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 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 Contractofs work unless specifically noted to the contrary in the subcontract in question approved in writing by the City or the District. 9 rev. 03/22/B 21. 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. 22. 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 affer the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 10 rev. 03/22/99 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 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-W” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated. herein, unless a lower amount is approved by the City Attorney/General Counsel or City Manager/Executive Manager: 11 rev. 03/22/99 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 Ii@, 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 (ii the use of an automobile is involved for Contractor’s work for the City/District). $l,OOO,OOO combined singte-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 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 12 rev. 03/22/99 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. . 13 rev. 03/22/99 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/District and on behalf of the Contractor in connection For Contractor: with the foregoing are as follows: For City/District: Title Name Address Title Name Address Architect/License Number: Architect/License Number: 28. BUSINESS LICENSE Bob Greanev. Deoutv Public Works Director Carisbad Municioat Water District 5950 El Camino Real Carlsbad. California 92008 Garv J. Hobson. Senior Enaineer Kennedv/Jenks. Consultants 2151 Michelson Drive. Suite 100 Irvine. California 92612-1311 40779 Contractor shall obtain and maintain a City of Car&bad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision 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 14 rev. 03/z/99 discharge is sought. Executed by Contractor this H-L day of J L, u ( \ 1999. CONTRACTOR: KENNEDY/JENKS CONSULTANTS, a California corooration (name of Contractor) bm\dD&w&/ bs:dd (print name/title) By: (sign here) b&J (print name/title) By:- Mayor AlTEST; City Clerk w KAREN R. KUNDTZ, Assistant City Clerk CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the, Municipal Water Act of 1911. ATTEST: KAREN RI KUNDTZ, Assistant Secretary (Proper notarial acknowtedgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign fw corporations. If on!y 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.) (ii signed by an individual partner, the partnership must attach a statement of partnership authoriig the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL -h stant General Counsel CMWD 98407 rev. 03/22/99 BDiIBIT ‘A” SCOPE OF WORK Our general approach to the subjed projed is aMnua6on d tJx b phases identified in the PDR’s: preliminary phase, design phase, and a&n&on support phase The preliminary phase Of the project was completed with finaliith Of the PDF&. consists of engineering services The Sap d Wofk of this pN&Keal forthf3desiinandcunstructh~dtheprqjed The proposed services Include preparation of design plans and specmortiorrr tbrconstfuction of ths 1C sewer force main and 16 wateffine and appknant facRk nrim t, &ectioA drillii methodofhtallation Spec&taskstobe~byKemedylJenbcanaRanQ~ i 1 1. Datacdlectkn~~sndfecofdmop 2 Fkiduwffw&nb-eutentcorrdStkrrs wmd@wamw- t’ I s tzoordb6ond~~ ! ! 4. Planchecks~5ow,999barKlfmt 5. Meetings to discuss revbf ments at each submittal stage. ! 6. Pfeparean&timatedRobabkconsbuctkrrcost 7. Flansandspecificatsarrs~in~forJllandfomrat I 8. FmcessCaftrans GKmachwPelmitm. 9. Incorporate final comments and submit final signed and seakdmytaaNndon plans and : . speMAonsforuseinadvertisingfff~bids, i I ltuutendpre-bidmee~ I ll.Respondtoqueseorrsdrr’rrgbidsbrgandassistwith~d~Inecessary, t2Jutendbicfopenirrg,reviewmprwide -formafc;orrbad =-Bm=fbl- - - 14provideshopdrawlng~~~ fS.~pondtorequ~for-~ I 16.Reviewchangeodersandplwide~ 17.prwhdeperiodiG~visiPs~~- 1&~~~C0fddi3W&pliomred-bnedfie#prits-~--dor. i SERVICES PROVIDED BY THE DISTFK’l 1 i fhefdlowingisalistof senkestobeprovkledbyBeDishietifneeded: 2 Geotechnlcal’ t -b-s7s suesasdem~ 3. coflstnJc6onins~ f zeg . I : 6. Permitfees. 7. Dmmentre~and~ _ SCHEDULE ! snannm Uh~mat~nedand - sp&k&bB~uSe‘nthecdbarrb#oachmentPt?flnit appkalioncanbecompletedwahkr6wleeksafterreceiptd~~ cnm 9%407 - D[HIBIT .A. (mt’d) ESTIMATED ENGINEERING FEE Based on our understanding of the services to be provided, we propose a budget of $53,200 for the professional engineering services, not to be exceeded without written authorization by the District. The following is a breakdown of our proposed budget F#td ImMigationsMTties CoorcWtion Design Meetings Design Plans Em- Shop Drawing Review Site Visits PmparatimofRecdDrawings -=-J-w== Total Engineering Budget %ii 2s:ooo 3m am zoo0 4m ::iE ;zi 1.ooo $53,200 invoices wii be submitted monthfy and are payable and due upon recept Bewices shaft be reimbursed on a time and materials basis h accohnce dated 1 January 1999. witharatta&edBchecWofCharg~ CXdD 98-407 STATE OF CALIFORNIA 1 CO”NTYOF~~& : S’s On a$ &/ /‘??f before me, t?zwa/~ 5&42&~ NAME AN0 TITLE OF OFFICER personalty appeared ’ NAME(S) OF SIGNER(S) known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that -h&be/they executed the same in k;ctheir author&d capacity(ies), and that by +tMer/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 otticiaf seal. (This area for official notary seal.) Tie or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 98407 06/l 4/95 Rev. o7/23/99 15: 58 FAX 949 261 iii34 KENNEDY JENKS CONSULT - al 002/002 SAN FRANCTSCIS, C.4 94107 4:5-243-2150 STEDMAN, .%N CORP. OFFICE 622 FULSOh SAN F.rt,WCiSCG, CU 94i Cl? 4 1 S-243-251 0 I i I I ‘~~~KNED.~,‘.JEN~~5 c r. t-j 3 I,! L T 13 fd T 8 * . .# i $835 USST EEENARDC; DR 6215 SAN 03 EGO: c & 32’i2? ,I 1:’ I. El !u c[iy OF CARLSBAD:,..’ ’ ,: .,, .- .* .-’ . X!OO CiARLSBAD VILLkGE DR.;, +FiF,@, CA ,92008 . BUSINESS LICENSE’? ‘. ;j~~~fXI)+?BZ ,&ED TO (BUSINESS OWNER): .’ ’ ‘: & ,.J ’ ,,;,, 55 ( ’ I- s ’ . . K&f:EDY.f-SE,N-K.5 CONSULTMlTk i ---a f &B’SC, Qk.>y- B*~R$;P.R~:> DR A-., c YC I -’ *.i c S4-N c;gcr2, CA $2!27 5 gj 9-&7&.-352tj ,, TO.CONDUCF ME (GUSlNfSS CLASSIFICATlOr\l): E:.‘GIr{EEW ING Sff.‘+‘ICES PTi! 2 BUSINESS AS (DE%, BUS1NESS NAME): ;i gEpJp;EDY;jENK$i C~f-j$I;ij’i$TS (.; LOCATED AT (BUSINESS LOCF;TIONI: $ 7 6335 CESi zERkJAR”i;Q c? $215 k Sh;y DISI~~CJ, CA FE; ST $ .h 1.7 ,’ . 8 . . $‘NcIT TRANSFERABLE - 1 h RESOLUTION NO. 99-284 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, FOR APPROVAL AND EXECUTION FOR ENGINEERING DESIGN SERVICES FOR FOXES LANDING SEWER LIFT STATION 4 FORCE MAIN-CMWD PROJECT 98-407, CONTRACT NO. 36561. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Oftice between Kennedy/Jenks Consultants, the Carlsbad Municipal Water District, and the City of Carlsbad for engineering design services for water and sewer pipelines for Interstate 5, 16- Inch Water Pipeline Crossing and Foxes Landing Sewer Lift Station Force Main; CMWD Project No. 98-407, Contract Nos. 36591 and 36561; 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 14-inch sewer force main; and WHEREAS, the District requested a proposal for the engineering design services for the water and sewer pipelines; and WHEREAS, the District engineering staff recommends the proposal received from Kennedy/Jenks Consultants, Inc. as responsive, competent and fair and reasonable proposal; and WHEREAS, the proposal amount of $53,200.00 (City’s share of the cost is $ 26,750 and District share of the cost is $26,750) for design services is available in funds appropriated in the 1998/99 Budget for the Foxes Landing Sewer Lift Station Upgrade and the Waterline-Interstate 5 Crossing. NOW, THEREFOR, 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 proposal by Kennedy/Jenks Consultants with an amount not to exceed $53,200.00 (City’s share of the cost is $26,750 and District share of the cost is $26,750) for design services for design of water and sewer pipelines be accepted and approved. . - 4 1 3. That the Mayor, as the Representative of the City of Carlsbad, is hereby authorized 3 4 5 6 7 8 9 10 11 12 13 and directed to execute a three party agreement between Kennedy/Jenks Consultants, the Carlsbad Municipal Water District and the City of Carlsbad for the engineering design services for water and sewer pipelines for Interstate 5, 164nch Water Pipeline Crossing and Foxes Landing Sewer Lift Station Force Main; CMWD Project No. 98-407, Contract Nos. 36591 and 36561. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 10 day of Aucrust , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Hall & Kulchin NOES: Council Member Finnila 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: (SEAL) C RESOLUTION NO. 1062 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF AN AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR INTERSTATE 5, 16-INCH WATER PIPELINE CROSSING CMWD PROJECT NO. 98-407. CONTRACT NO. 36591. 5 6 I/ WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, 7 California, has determined it is necessary and in the public interest to enter into a three part 8 agreement on file in the City Clerks Office between Kennedy/Jenks Consultants, the Carlsbad ’ g Municipal Water District, and the City of Carlsbad for engineering design services for water and 1o sewer pipelines for Interstate 5, 16-Inch Water Pipeline Crossing and Foxes Landing Sewer Lift I l Station Force Main; CMWD Project No. 98-407, Contract Nos. 36591and 36561; and 12 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, 13 California, approves and authorizes the execution of the three party agreement for engineering 14 design services for a 16-inch potable water pipeline; and 15 WHEREAS, the District requested a proposal for the engineering design services for the 16 Water and sewer pipelines; and 17 WHEREAS, the District engineering staff recommends the proposal” received from 18 Kennedy/Jenks Consultants as responsive, competent and fair and reasonable proposal; and 19 WHEREAS, the proposal amount of $53,200.00 (City’s share of the cost is $26,750 and 20 District share of the cost is $26,750) for design services is available in funds appropriated in the 21 1998/99 Budget for the Waterline-Interstate 5 Crossing and the Foxes Landing Sewer Lift Station 22 Upgrade 23 NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad 24 Municipal Water District of Carlsbad, California, as follows: 25 1. That the above recitations are true and correct. 26 2. That the proposal by Kennedy/Jenks Consultants with an amount not to exceed 27 $53,200.00 (City’s share of the cost is $26,750 and District’s share of the cost is $26,750) for 2s design services for design of water and sewer pipelines be accepted and approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 - -r 3. That the President, as the Representative of the Carlsbad Municipal Water District, is authorized and directed to execute a three party agreement between Kennedy/Jenks Consultants and the Carlsbad Municipal Water District and the City of Carlsbad for the engineering design services for water pipelines for lAterstate 5, 16-Inch Water Pipeline Crossing and Foxes Landing Sewer Lift Station Forcemain; CMWD Project No. 98-407, Contract No. 36591 and 36561. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10 day of Auqust , 1999 by the following vote, to wit: AYES: Board Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ATTEST: KAREN R. KUN (SEAL) July 26, 1999 TO: ALETHA RAUTENKRANZ, CITY CLERK FROM: MERIANNE ATHENS-COCHRAN CONTRACTOR AGREEMENT BETWEEN KENNEDY/JENKS CONSULTANTS AND CARLSBAD MUNICIPAL WATER DISTRICT FOR PROFESSIONAL ENGINEERING SERVICES, CMWD PROJECT NO. 98-407 Attached are three original copies of the subject Contractor agreement executed by the consultant. Please review and execute as Representative of Carlsbad Municipal Water District and return to Merianne Athens-Cochran for further processing. If you have any comments or require any additional information, please give me a call at ext. 7125. Very truly yours, L WATER DISTRICT MERIANNE K. ATHENS-COCHRAN Engineering Secretary . / / MKAC:mkac Enc. ( 3 ) CMWD 98-407 , / I / 4’ J ’ J + , . ’ , , ,/’ . 8/18/99: Per instructions above, enclosed are two brigtial and fully executed 'I 4 agreements with Kennedy/Jenks, which Merianne Athens-Cochran will further process. Kathleen Shoup Sr. Office Specialist/Clerk's