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HomeMy WebLinkAbout2001-01-09; City Council; 16021; Professional Engineering Services. . p 2 iii 8 a. P Y 8 s . . ?I 4 A iii $ CITY OF CARLSBADKARLSBAD MUNICIPAL WATER DISTRICT -AGENDA AB# 14; &ii / TITLE: 01-09-01 APPROVAL OF AGREEMENT FOR MTG. PROFESSIONAL ENGINEERING SERVICES WITH I DANIEL BOYLE ENGINEERING, INCORPORATED I RECOMMENDED ACTION: CITY COUNCIL OF THE CITY OF CARLSBAD: Adopt Resolution No. Joe/- 15 approving a consultant agreement with Daniel Boyle Engineering, Incorporated, a California corporation, Daniel B. Boyle, President, to provide professional engineering services. BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT: Adopt Resolution No. /[/.Z approving a consultant agreement. with Daniel Boyle Engineering, Incorporated, a California corporation, Daniel B. Boyle, President, to provide professional engineering services. ITEM EXPLANATION: The Public Works Department contracts with private consulting engineering firms to obtain project management and professional engineering services to facilitate the timely completion of Capital Improvement Program projects. To reduce the time required to award professional services, staff is requesting approval of an as-needed agreement for engineering services relative to water, recycled water and sewer systems. The as-needed agreement can be used to secure services for a number of relatively small projects and thereby shorten the time required to complete these projects. Statements of Qualifications (SOQ’s) for as-needed engineering services relative to water, recycled water and sewer systems were received from four firms. The selection committee reviewed the SOQ’s and identified Daniel Boyle Engineering, Inc., as the most qualified consultant to provide the engineering services. Typical task order services would include project research, project design and project management. Individual project task orders that identify specific accomplishments will be established by the Public Works Director and authorized when services are required. The agreement will be for the remainder of the current fiscal year with provisions for the City Manager/Executive Director to execute two, one-year extensions based upon a review of the Contractor’s performance; City and District needs, and; appropriation of funds by the City Council/Executive Board. FISCAL IMPACT: The maximum combined amount payable by the City and District to the consultant under the agreement is $200,000 per fiscal year. Cost for the engineering and surveying services will be charged to the various capital projects as part of the available project funding. EXHIBITS: 1. City Council of the City of Carlsbad, Resolution No. dr%/-/s approving an agreement with Daniel Boyle Engineering, Incorporated, a California corporation, Daniel B. Boyle, President, for professional engineering services. 2. Board of Directors of the Carlsbad Municipal Water District, Resolution No. ///a approving an agreement with Daniel Boyle Engineering, Incorporated, a California corporation, Daniel B. Boyle, President, for professional engineering services. 3. Agreement with Daniel Boyle Engineering, Incorporated, a California corporation, Daniel B. Boyle, President, for professional engineering services. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ RESOLUTION NO. 2001-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH DANIEL BOYLE ENGINEERING, INCORPORATED, A CALIFORNIA CORPORATION, DANIEL B. BOYLE, PRESIDENT, FOR PROFESSIONAL ENGINEERING SERVICES. WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for the utilization of consultant services on an ongoing, as-needed basis in order to maintain service levels; and WHEREAS, the Department of Public Works solicited, received and reviewed Statements of Qualifications for as-needed professional engineering services; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff recommends Daniel Boyle Engineering, Incorporated, as the most qualified consultant; and WHEREAS, the agreement sets a maximum amount payable of $200,000 for fiscal year ending June 30,200l and, if amended, a maximum of $200,000 per fiscal year for two additional years; and WHEREAS, expenditures for the engineering services are subject to availability of capital project funding; 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 an agreement with Daniel Boyle Engineering, Incorporated, a copy of which is attached as Exhibit 3 to the agenda bill, is hereby approved. 3. That the City Manager is hereby authorized to execute the Agreement with Daniel Boyle Engineering, Incorporated. VI VI ‘II ‘II 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 4. That based upon the terms of the Agreement, the City Manager is authorized to extend the agreement for two additional one year periods or parts thereof in an amount not to exceed $200,000 when combined with District expenses. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of January ,2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. ATTEST: h /u/rtD WOOD, City Clerk (SEW 3 RESOLUTION NO. 1112 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, APPROVING AN AGREEMENT WITH DANIEL BOYLE ENGINEERING, INCORPORATED, A CALIFORNIA CORPORATION, DANIEL B. BOYLE, PRESIDENT, FOR PROFESSIONAL ENGINEERING SERVICES. WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, 6 7 California, has reviewed the need for the utilization of consultant services on an ongoing, as-needed basis in order to maintain service levels; and 8 9 WHEREAS, the Department of Public Works solicited, received and reviewed Statements of Qualifications for as-needed professional engineering services; and 10 11 WHEREAS, subsequent to a review of the Statements of Qualifications staff recommends Daniel Boyle Engineering, Incorporated, as the most qualified consultant; and 12 II WHEREAS, the agreement sets a maximum amount payable of $200,000 for fiscal year 13 14 15 16 17 18 19 20 21 22 23 24 ending June 30, 2001 and, if amended, a maximum of $200,000 per fiscal year for two additional years; and WHEREAS, expenditures for the engineering services are subject to availability of capital project funding; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement with Daniel Boyle Engineering, Incorporated, a copy of which is attached as Exhibit 3 to the agenda bill, is hereby approved. 3. That the Executive Manager is hereby authorized to execute the Agreement with Daniel Boyle Engineering, Incorporated. Ill 25 III 27 ‘I’ Ill 28 1 4. That based upon the terms of the Agreement, the Executive Manager is authorized 2 to extend the agreement for two additional one year periods or parts thereof in an amount not to 3 exceed $200,000 when combined with City expenses. 4 5 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal 8 Water District held on the 9th day of January , 2000 by the 7 following vote, to wit: 8 II AYES: Board Members Lewis, Kulchin, Finnila, Nygaard and Hall. 9 10 11 12 NOES: None ABSENT: None (SEAL) AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC., FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into as of the 17th day of January t 20&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and Daniel Boyle Engineering, Inc. a California corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a professional engineering Contractor to provide the necessary studies, reports, cost estimates and general engineering services for preparation of various recycled water and sewer system projects; District requires the services of a professional engineering Contractor to provide the necessary studies, reports, cost estimates and general engineering services for preparation of various water system projects; 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, City, District and Contractor agree as follows: 1 rev. 4/27/00 1. CONTRACTOR’S OBLlGATlONb The Contractor shall provide professional engineering services as requested by the City and the District including, but not limited to, project research, project design and project management for water, recycled water and sewer system projects. Contractor shall provide all equipment and standard reference materials necessary to perform said engineering services. 2. CITY OBLIGATIONS The City shall: Provide the Contractor with City standards and direction for Contractor to perform the services as requested by the City. The District shall: Provide the Contractor with District standards and direction for Contractor to perform the services as requested by the District. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days atIer receipt of notification to proceed by the City Engineer or designee and be completed within dates mutually agreed upon between the City of District and the Contractor for the individual projects. 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. rev. 4/27/00 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be determined on a project by project basis and shall be based on the Contractor’s Schedule of Rates attached hereto as Exhibit “A”. Prior to initiation of any project work by the Contractor, the City or the District shall prepare a Project Task Description and Fee Allotment which, upon signature by the Contractor and the City Manager or the Public Works Director as his designee, shall be considered a part of this agreement. The Project Task Description and Fee Allotment shall include a detailed scope of services for the particular project being considered and a statement of the Contractors fee to complete the project in accordance with the specified scope of services. The Project Task Description and Fee Allotment shall also include a description of the method of payment and shall be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. The cumulative total for all projects allowed pursuant to this agreement shall not exceed two hundred thousand ($200,000) dollars per fiscal year. 5. DURATION OF CONTRACT This agreement shall extend from the date first written above to June 30, 2001. The City Manager/Executive Manager may amend the Agreement to extend it for two additional one (1) year periods or parts thereof in an amount not to exceed $200,000 per fiscal year. Extensions shall be based upon a review of Contractor’s performance; City and District needs, and; appropriation of funds by the City Council/Executive Board. The parties shall prepare a written amendment indicating the effective date and 3 rev. 4/27/00 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 Not Applicable. 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 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 4 rev. 4/27/00 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. IO. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. II. 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/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 Public Works Director. The Public Works Director 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. 5 rev. 4127100 This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City or the District, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City or the District. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager/Executive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City or the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may 6 rev. 4/27/00 be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad or the Carlsbad Municipal Water District to disqualify the Contractor from the selection process. (Initial) e (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. (Initial) & (Initial) 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. 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 for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City or the District for any purposes whatsoever. The Contractor is an independent Contractor of the City and the District. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City and the District shall not 7 rev. 4127100 make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City and the District shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City and the District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City and the District may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City and the District from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 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 or the District will provide copies of the approved plans to any other agencies. 8 rev. 4/27/00 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 terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City or the District. Contractor shall have the right to make one (1) copy of the plans for its records. 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. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the “City” and the “District” and their 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. 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. 9 rev. 4/27/00 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 Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City or the District. 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. 10 rev. 4/27/00 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 after 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. 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. 11 rev. 4/27/00 C 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-:V” 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: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City/District). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 12 rev. 4/27/00 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 13 rev. 4/27/00 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. 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 with the foregoing are as follows: For City / District: For Contractor: Title Name Address Title Name Address Architect/License Number: Architect/License Number: PUBLIC WORKS DIRECTOR LLOYD HUBBS 1635 FARADAY AVENUE CARLSBAD. CALIFORNIA 92008 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad 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 14 rev. 4/27100 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 day of 20 - CONTRACTOR: CITY OF CARLSBAD, a municipal corporation of the State of California Thomas B. Hooker, Jr., President (print name and title) By: (sign here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municioal Water Act of 1911. and a 95-3709548 Architect/License Number (Proper notarial acknowledgment of execution c&u*, LI- .-l.15 k-3 3 < _._ i. - -...._ -_. . . rev. 4/27/00 ,- CALtFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of personally appeared personally appeared .E OF OFFICER - E.G.. =IANF/OOE. NOTAFiY PUBLI - 4 NAME(S) OF SIGNER(S) n IO me - 0R - proved to me on the basis of satisfactory evidence d to be the person$) whose name$)@- subscribed to the within instrument and ac- the same in acted, executed the instrument. WITNESS my hand OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMEDBYSIGNER DESCRlPTlON~ATlACHEDDOCUMENT INDIVIDUAL 0 PARTNER(S) 0 LIMITED 0 GENERAL [7 ATTORNEY-IN-FACT 0 TRUSTEE(S) ; WAR;IANtCONSERVATOR *-.. b NUMBER OF PAGES DATE OF DOCdMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 0993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7183 . Canoga Park CA 91309-7184 HOURLY RATE SCHEDULE FOR SERVICES BY DANIEL BOYLE ENGINEERING, INC. March 1,200O CLASSIFICATION Managing Engineer Principal Engineer Senior Engineer II Senior Engineer I Senior Engineer Associate Engineer II Associate Engineer I Senior Assistant Engineer Assistant Engineer II Assistant Engineer I Construction Representative CAD Specialist Senior Designer Designer CAD / Drafter II CAD / Drafter I Intern / Aide Other Supplies, Outside Services & Subconsultants BILLING RATE $125.00 an hour 114.00 an hour 103 .OO an hour 96.00 an hour 87.00 an hour 80.00 an hour 75.00 an hour 72.00 an hour 65.00 an hour 59.00 an hour 68.00 an hour 69.00 an hour 65.00 an hour 55.00 an hour 48.00 an hour 41 .OO an hour 34.00 an hour Actual Cost Plus 15% It is understood and agreed that the aforementioned rates and charges include all normal clerical and stenographic services, auto travel, equipment and materials used in connection with the production of the required engineering services. Monthly billings will be furnished for all services rendered. Payments shall be due and payable upon presentation of invoices. Subject to general revision March 1,200l. DANZE- BOYLE ENGZNEERi - %, ZNC. ’ Civil Engineering Services CERTIFIED RESOLUTION OF BOARD OF DIRECTORS OF DANIEL BOYLE ENGINEERING, INC. I, Lois E. Hooker, Secretary of Daniel Boyle Engineering, Inc., a corporation organized March 23, 1982 and existing under the laws of the State of California, do hereby certify that at a duly convened meeting of the Board of Directors of Daniel Boyle Engineering, Inc., held on the 26th day of October, 2000, at the offices of said corporation at 23231 South Pointe Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was duly adopted: RESOLVED: That the following company officer is designated and authorized to execute and sign documents, or to sign the corporate name without limitation, except where otherwise provided by law, and such execution or signature shall be binding on the corporation: Thomas B. Hooker, Jr.; President IN WITNESS WHEREOF, I have hereunto set my hand as of the 26th day of October, 2000. 2323 1 South Pointe Drive, Suite 103 (949) 768-2600 FAX (949) 586-5188 Laguna Hills, CA 92653 t 9 7 www.dboyle-engcom 1 20th Anniversary 2000 B of he 4‘Btiniai uonr9 ,L, ion *so&d bebw. h- of m* I wp i ‘ayd tiuwt Vnrkll@lhl .A _, i- ! ‘*>> -r,; ~ ,:.. _ ?A ..‘,Y --.‘- .:j- .~Y,.’ ‘c’ :> ;” I KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT BUS- NO. 1206328 DATE PAID 12/20/l 999 08.160 50.00 TOTAL 0.00 TAXES PAID IN ACCORDANCE WM CITY BUSINESS TAX ORDINANCE CITY OF CARLSBAD ACORDn CERTIFICA’r ; OF LIABILITY lNSURA,dE DATE (MWDWYY) 10126/2000 PRODUCER ARIS INSURANCE SERVICES 2101 BUSINESS CENTER DR., #230 Serial # A1069 THmATt IS rssuEb AS A MA1 I tR Or INFORMATR)N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IRVINE, CA 92612 LICENSE NO. 0795446 I INSURERS AFFORDING COVERAGE I INSUNED INSURERA: ASSUKANCt CO Ok AMt~~URICH DANIEL BOYLE ENGINEERING INC. INSURER B: Afvkf?KAN LUKK3-i INS CO . . 23231 S. POINTE DR., #IO3 INSURER C: LAGUNA HILLS, CA 92653 INSURER D: I 1 INSURER E: I ANY REQUIREMENT, TERM OR CONDIllON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TR A : A A I B GEHLAGGREWITE LMTApPLlES PER: ML OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWED AUTOS E.L DISEASE - EA EMPLOYEE S I oooooo E.L. DISEASE -POLICY LMT S 1 oooooo ~CRIPTIOR OF OPE~nONYLOCATIONYVEHCLW~CLUSlONS ADDED BY ENDDRSEMENTBPEUAL PROVlSlONS Vii-NEEDED SERVICESIDBEI JOB #Cl 5106-00 SEE ATTACHED ENDORSEMENT :ERTIFICATE HOLDER 1 1 ADMllONAL INSURED; INSURER LEllER: CARLSBAD MUNICIPAL WATER DISTRICT ATTN: MR. WILLIAM E. PLUMMER, P.E. 1635 FARADAY AVE. CARLSBAD, CA 92008-7314 gq fldf p&:fij i (J$ ~,?%&~sjr~~j~~~~~]~~ j-0:1 CANCELLATlON p~y~[;,j~ n 10 ~ji‘( p;c~‘j-i$z ;‘;;LI_ ;:i; at~qj SHOULO ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL’@&%fO MAIL 3o DAYS WRllTEN NOllCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t UT-v LL RkQRESpMlUES AUTHORKED REPRESENTATIVE POLICY NUMBER: 34112541 CL 246 (1 l-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDlTlONALINSURED-OWNERS,LESSEESORCONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CARLSBAD MUNICIPAL WATER DISTItICT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you. YCtSS,ntfl fnnurioht Ine~~ncs !3cnrie~ nffk IW 1 OQd I ACORD, CERTIFICP L OF LIABILITY INSUf ,NCEgg~, OATE (MMIOOPIY) 10/25/00 SUED AS A MAtiER OF INFORMATION PRODUCER Commercial Brokers Ins. h InsPro Agents/Brokers-#OB18019 P. 0. Box 2340 Sunnvvale CA 94087-0340 THIS CERTIFICATE IS IS:- - -- - ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I 1 I James Lohmann PhoneNo. 408-481-9342 FaxNo. INSURED COMPANY A Continental Casualty Co. CofdPANY B Daniel Boyle Engineering, Inc. 23231 South Pointe Drive #103 Laguna Hills CA 92653 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME0 ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWlTHSTANOlNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMENT 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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ! I$! TYPE OF INSURAhCE I POLICY NUMBER ! POLICY EFFECTIVE POLICY EXPIRATION 1 DATE(MM’DDPIY) 1 DATE (MMIDWYY: LMlTS GENERAL LlABlLlN COMWERCLAL GENERAL LlABlUN CLAlMShlADE cl OCCUR OWNER’S h CONTRACTOR’S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULED AUTOS HIREDAUTOS NON-DWNEO AUTOS GENERAL AGGREGATE s PRODUCTS - COMP/OP AGG S PERSONAL B ADV INJURY S EACH OCCURRENCE S FIRE OAMAGE (Any one fire) S ME0 EXP (Any one person) t COMBINED SINGLE LlMlT S BODILY INJURY (Per perml) S BODILY INJURY (Pef accident) S PROPERN DAMAGE S GAJ?AGE LIABILITY AUTO ONLY _ EAACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LlABlLlTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AN0 EMJLOYERS LiABILl’iY THE PROPRIETORJ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER EACH OCCilRRENCE S AGGREGATE S S , TORY !.I.MITS 1 ._ -ER WC STATLI- OTH- -. EL EACH ACCIDENT S EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE S A PROFESSIONAL AEE 11-375-45-38 LIABILITY DESCRIPTION OF OPERATlONWLOCATlONSNEHlCLES’SPEClAl lTEMS 01/07/00 01/07/03 PER CLAIM $1,000,000 AGGREGATE $1,000,000 All operations of the insured including but not limited to the following 5 reject: As-Needed Services Providmg.General Engineering Services for reparation of Varzous Engrneermg Pro]ects DBE,I Job No.: C15-106-00 CERTIFICATE HOLDER Carlsbad Municipal Water CANCELLATION cARLs-9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL hIAlL e District Mr. William E. Plummer, P.E. 1635 Faraday Avenue Carlsbad CA 92008-7314 DAYS WRITfEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, 30 SUCH NOTlCE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORlZEO REPRESENTATIVE ACORD 25-S (1195) I James Lohmann - ACORD CORPORATION 1988 4.?l