HomeMy WebLinkAbout2010-01-12; City Council; 20100; Agreements MJS Construction Management / NCTDCITY OF CARLSBAD - AGENDA BILL
AB#
20,100
MTG. 01/12/10
DEPT. ENG
APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE TO RECEIVE BIDS;
AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH MJS CONSTRUCTION
MANAGEMENT AND ENGINEERING, INC., AND
AUTHORIZATION FOR EXECUTION OF A LICENSE
AGREEMENT WITH NCTD, FOR BEECH AVENUE SEWER AND
HOME PLANT LIFT STATION INFLUENT SEWER
REPLACEMENT, PROJECT NOS. 3873 AND 5512
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2010-011 approving plans and specifications and authorization to advertise
to receive bids; authorization for execution of a professional service agreement with MJS Construction
Management and Engineering, Inc. (MJS), and authorization for execution of a license agreement with
NCTD for Beech Avenue Sewer and Home Plant Lift Station Influent Sewer Replacement, Project Nos.
3873 and 5512.
ITEM EXPLANATION:
The existing Beech Avenue Sewer is an 8-inch diameter vitrified clay pipe (VCP) which collects and
conveys wastewater in Beech Avenue and extends from Ocean Street easterly to Washington Street. At
Washington Street the sewer connects to a sewer pipeline which parallels the North County Transit
District's (NCTD) right-of-way. The Beech Avenue Sewer collects wastewater from a large portion of the
Village's businesses and restaurants. The existing Home Plant Lift Station Influent Sewer is a 15-inch
diameter VCP pipeline which conveys wastewater collected in the Carlsbad Village area, and crosses
under Carlsbad Boulevard ending at the Home Plant Lift Station. Closed circuit television (CCTV)
inspection of both sewer pipelines has revealed that the pipelines are severely corroded and have reached
their useful life. Both pipelines are identified in the City's current Sewer Master Plan and CIP as pipelines in
need of replacement.
To minimize traffic impacts to Carlsbad Boulevard, Beech Avenue and disruption to the commercial activity
in the vicinity, the design for both replacement sewers includes the use of tunneling technologies to install
significant portions of the pipelines. The Beech Avenue Sewer design includes the installation of
approximately 2,000 lineal feet of 12-inch diameter polyvinyl chloride (PVC) pipeline using a microtunneling
boring machine. The remaining 275 lineal feet of 8-inch diameter PVC sewer pipeline will be installed using
traditional open trench methods. The Home Plant Lift Station Influent Sewer design includes the installation
of approximately 200 lineal feet of 15-inch diameter PVC pipeline, which will be tunneled under Carlsbad
Boulevard. A portion of the Home Plant Lift Station Influent Sewer Pipeline is now located in NCTD right-of
way. Relocation of the pipeline alignment in the NCTD right-of-way requires an amendment to the existing
pipeline license agreement between the City and NCTD.
Construction Management and Inspection Services: On June 4, 2009, staff sent out a request for
proposals to three firms qualified to provide the required construction management and inspection
services. On June 24, 2009, the City received three proposals which included the following firms: Nolte
Associates, Inc., Dudek, Inc., and MJS.
DEPARTMENT CONTACT: Mark Biskup, (760) 602-2763, mark.biskup@carlsbadca.aov
FOR CITY CLERKS USE ONLY. . ,
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The qualifications and proposals of the three firms were reviewed by a selection committee comprised of
staff members from the Engineering Design Division and Construction Management Division. All firms
referenced have experience in the inspection of microtunneling construction methods. After review of the
proposals, the committee recommends the firm of MJS as the most qualified consultant for this project. In
addition to construction management and inspection services for the project, MJS or their subconsultant
will be responsible for providing necessary materials testing during construction.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15301(b) - minor alteration of existing facilities of public utility services involving negligible or no
expansion. The project is located in the coastal zone. However, repair and maintenance activities not
described in Carlsbad Municipal Code Section 21.201.070 do not require a Coastal Development Permit.
FISCAL IMPACT:
PROJECT COST SUMMARY
Engineering Design Services
Engineering Staff Overhead
Construction (Engineer's Estimate with 15% Contingency)
Construction Management/inspection & Materials Testing (MJS Agreement)
TOTAL ESTIMATED COST
TOTAL APPROPRIATIONS
$82,562
$45,000
$2,407,000
$295,041
$2,829,603
$2,866,000
The cost proposal from MJS is for time and materials, not-to-exceed $295,041, to perform construction
management, inspection services, professional engineering services and materials testing. Sufficient funds
are available for the completion of the pipeline construction. The project is funded from the Sewer
Replacement Fund.
EXHIBITS:
1. Location Map.
2. Resolution No. 2010-011 approving plans and specifications and authorization to advertise
to receive bids; authorization for execution of a professional service agreement with MJS
Construction Management and Engineering, Inc., and authorization for execution of a license
agreement with NCTD for the Beech Avenue Sewer and Home Plant Lift Station Influent Sewer
Replacement, Project Nos. 3873 and 5512.
3. Agreement for Construction Management and Inspection with MJS.
4. Amendment to NCTD License.
LOCATION MAP
BUENA VISTA LAGOON \
HOME PLANT
INFLUENT SEWER PIPELINE
BEECH AVE.
SEWER PIPELINE
\
V "X»
^ ^;_ * *
<) ..•'.July 2006
PACIFIC OCEAN
VICINITY MAP
NTS
•c?
LEGEND
BEECH AVE & HOME PLANT
SEWER MANHOLES
HOME PLANT INFLUENT SEWER
PIPELINE ALIGNMENT
HOME PLANT INFLUENT SEWER
PIPELINE ALIGNMENT
« EXISTING MANHOLE
(NOT A PART OF PROJECT)
- EXISTING PIPELINE
(NOT A PART OF PROJECT)
! j NCTD RIGHT-OF-WAY
_,—>— RAILROAD TRACK ALIGNMENT
WATER BODY
PROJECT NAME: BEECH AVENUE SEWER AND
HOME PLANT INFLUENT SEWER PIPELINE
REPLACEMENT
PROJECT NOS.
CP 3873 &
5512
EXHIBIT
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WHEREAS, inspection of the Beech Avenue and the Home Plant Lift Station Influent Sewer
g Pipelines has revealed severe deterioration, recognizing the pipelines systems have reached their
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RESOLUTION NO. 2010.011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS;
AUTHORIZATION FOR EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH MJS CONSTRUCTION
MANAGEMENT AND ENGINEERING, INC., AND
AUTHORIZATION FOR EXECUTION A LICENSE AGREEMENT
WITH NCTD FOR THE BEECH AVENUE SEWER AND HOME
PLANT LIFT STATION INFLUENT SEWER REPLACEMENT,
PROJECT NOS. 3873 AND 5512.
useful life and are in need of replacement; and
WHEREAS, the City Council of the City of Carlsbad, California, desires to construct new sewer
pipelines replacing the existing Beech Avenue Sewer and the Home Plant Lift Station Influent Sewer;
and
WHEREAS, the plans and specifications for furnishing of all labor, materials, tools, equipment,
transportation, and other expenses necessary or incidental to the Beech Avenue Sewer and Home
Plant Lift Station Influent Sewer Replacement, Project Nos. 3873 and 5512, have been prepared and
17 are on file in the Public Works-Engineering Department of the City of Carlsbad and are incorporated
herein by reference; and18
WHEREAS, The City of Carlsbad has a pipeline license agreement to install and operate a
19
sewer pipeline in land (right-of-way) owned by the North County Transit District (NCTD); and
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WHEREAS, The City of Carlsbad and NCTD wish to amend said pipeline license agreement,
21
which will allow the relocation of the Home Plant Lift Station Influent Sewer on said right-of-way; and
22 WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) per State
23 CEQA Guidelines Section 15301(b) - minor alteration of existing facilities of public utility services
involving negligible or no expansion; and
25
WHEREAS, the project is located in the coastal zone, however, repair and maintenance activities
pc
not described in Carlsbad Municipal Code Section 21.201.070 do not require a Coastal Development
97*•' Permit; and
4-
1 WHEREAS, the Engineering Department solicited proposals from three consulting firms and
2 received a total of three proposals for construction management and inspection services for Beech
3 Avenue Sewer and Home Plant Lift Station Influent Sewer Replacement, Project Nos. 3873 and 5512;
4 and
c WHEREAS, subsequent to review of the proposals, staff recommends MJS Construction
o Management and Engineering, Inc. (MJS), as the most qualified consultant for the project; and
7 WHEREAS, City staff recommends the MJS Construction, proposal to provide construction
_ management and inspection services for Beech Avenue Sewer and Home Plant Lift Station Influento
Sewer Replacement for an amount not-to-exceed $295,041 be approved; andy
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary
and in the public interest to enter into an agreement with MJS; and
WHEREAS, funds in the Sewer Replacement Fund are sufficient for the project.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
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as follows:
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1. That the above recitations are true and correct.
15 2. That the plans, specifications, and contract documents for the Beech Avenue Sewer
1R and Home Plant Lift Station Influent Sewer Replacement, Project Nos. 3873 and 5512, are on file in the
Public Works-Engineering Department of the City of Carlsbad and are hereby approved.
18 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to publish, in
19 accordance with state law, a Notice to Contractors Inviting Bids for the construction of Beech Avenue
20 Sewer and Home Plant Lift Station Influent Sewer Replacement, Project Nos. 3873 and 5512, in
21 accordance with the plans, specifications, and contract documents referred to herein.
22 4. That the Amendment to Pipeline License Agreement with NCTD is hereby approved
23 and the Mayor is hereby authorized and directed to execute said agreement.
_4 5. That the Agreement with MJS for construction management and inspection services for
Beech Avenue Sewer and Home Plant Lift Station Influent Sewer Replacement, Project Nos. 3873 and
^O
5512, with a total amount of said agreement not-to-exceed $295,041 is hereby approved and the
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Mayor is hereby authorized and directed to execute said agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of January, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
)E A.LEWIS, Mayor
ATTEST:
(SEAL)
PWENG743
AGREEMENT FOR CONSTRUCTION AND INSPECTION SERVICES FOR THE
BEECH AVENUE AND HOME PLANT LIFT STATION SEWER REPLACEMENT
(MJS CONSTRUCTION MANAGEMENT AND ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the / day of
20 /Q , by and between the CITY OF CARLSBAD, a
municipal corporation, ("City"), and MJS CONSTRUCTION MANAGEMENT AND
ENGINEERING, INC., a California S corporation, ("Contractor").
RECITALS
A. City requires the professional services of a construction management and
inspection consultant that is experienced in construction management and inspection for
microtunnel and conventional pipeline construction.
B. Contractor has the necessary experience in providing professional services and
advice related to construction management and inspection for microtunnel and conventional
pipeline construction.
C. Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
D. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference
in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for an additional one (1) year
period or parts thereof in an amount not-to-exceed seventy three thousand dollars ($73,000). An
extension will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
City Attorney Approved Version #05.06.08
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
two hundred ninety five thousand forty one dollars ($295,041). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election, City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct 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.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
City Attorney Approved Version #05.06.08
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will 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-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless City
Attorney or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
City Attorney Approved Version #05.06.08
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Mark Biskup Name Mark J. Sullivan
Title Associate Engineer Title President
Dept Engineering
CITY OF CARLSBAD
Address 1635 Faraday Avenue Address 1271 Missouri Street
Carlsbad, CA 92008 San Diego, CA 92109
Phone No. (760) 602-2763 Phone No. (858)201-0027
City Attorney Approved Version #05.06.08
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required of
Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees, agents,
or subcontractors will complete and file with the City Clerk those schedules specified by City
and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that
neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have
any ancillary real property, business interests or income that will be affected by this Agreement
or, alternatively, that Contractor will file with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #05.06.08
If
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
City Attorney Approved Version #05.06.08
IZ
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
City Attorney Approved Version #05.06.08
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
MJS CONSTRUCTION MANAGEMENT
AND ENGINEERING, INC.,
a California S corporation , A
*By:
(stfjn here)
CITY OF CARLSBAD, a municipal^
corporatiortotthe State of California,
By:
(print name/title)
ATTEST:
(e-mail address)
i^n hefe)LORRAIN
City Clerk
(print name/title)
U . A-
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorne
8
City Attorney Approved Version #05.06.08
ITATE OF CALIFORNIA.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
.20^ before me, LK Dayton, Notary Public
Personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity
and that by his/her/their signatures on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the forgoing paragraph is true and correct.
Witness my hand and official seal.
Dayton, N rtary Public
L. K. DAYTON
COMM.# 1649072 mNOTARY PUBLIC -CALIFORNIA «*SAN DIEGO COUNTYMY COMM. EXP. MAR. 3, 2010
Notary Seal Commission Expires:
EXHIBIT "A"
SCOPE OF SERVICES
Task 1: Preconstruction Services
Task 1.1 Project Management
Coordinate and meet with the City's project manger and the design team prior to bidding of the
project. Initiate project activities and provide general project oversight.
Establish document control systems and procedures for documenting communications and
correspondence. Provide examples of all forms that the CM and contractor will be required to
use to transmit and formalize all Requests for Information (RFI), clarifications, submittals,
substitution requests, concrete pour notifications, blasting notifications, and other official project
documents.
Task 1.2 Design Review
Perform a thorough review of the draft final construction drawings, specifications, contract
schedule, and engineer's cost estimate to become familiar with the project work, identify
constructability problems or significant cost issues of concern for the project.
Task 1.3 Preconstruction Conference
Notify appropriate parties, schedule and conduct the Preconstruction Conference with the
contractor. The meeting shall cover the overall project objectives, responsibilities of key
personnel and agencies, schedules, schedule of values (bid breakdown), procedures for
handling submittals, correspondence, utility relocations, local agency permit requirements,
requests for clarification, progress payments, change orders, and other pertinent topics.
Provide opportunities to have the contractor's questions answered.
Task 2: Construction Services
Task 2.1 Contract Administration/Management
The CM shall be responsible for all aspects of contract compliance, change/claims processing,
negotiations and contract interpretation and enforcement. The CM shall utilize the field offices
provided by the contractor. Furniture and basic office equipment shall be provided by the
contractor per the specifications.
The CM shall oversee, perform, and coordinate work included within this scope of work, as
directed by the City. The CM shall: prepare reports, letters, and memoranda; conduct
meetings; monitor and track the expiration of insurance requirements and obtain updated
certificates from the contractor; coordinate subconsultant testing and specialty services; review
daily inspection notes and identify and resolve nonconforming items; notify the City of significant
problems and discrepancies; interpret drawings, specifications and reference standards; monitor
construction activities and schedules; resolve constructability problems; coordinate connections
and operations; prepare change orders; review and notify the contractor of test results;
investigate claims; perform inspections; review the contractor's Record Drawings periodically
and concurrently with contractor progress payments; and prepare project punch lists, etc.
SCOPE OF SERVICES - Page 2
Task 2.2 Reports and Communications
All relevant project communications shall be documented and promptly distributed to the City
and applicable parties. All original project documents and final project reports shall be furnished
to the City within 60 days following filing of the Notice of Completion.
Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other
submittals, logs of requests for information, change orders, progress payment requests,
progress meeting reports, daily inspection reports, dates of utility service interruptions, and all
other project correspondence.
Monthly progress reports (three copies) shall be prepared and submitted to the City's Project
Managers and shall include the following elements:
a) Summary of the prior month's main accomplishments and current construction
activities.
b) Overall contractor's conformance to contract schedule and quality requirements.
c) Identification of key problems, action items, and issues. Recommendation for
solutions.
d) Summary of progress payments, change orders, disputes, submittals, RFI's, and
Notices of Noncompliance.
e) Photographs of representative project activities.
Task 2.3 Photo Documentation
Review the contractor's videotape of preconstruction site conditions prior to any construction
operation to confirm existing conditions within the limits of work, adjacent areas, and along haul
roads to document and clearly depict pre-existing conditions. Prepare additional videotape
and/or photographs to document site conditions as required to supplement the contractor's
videotape.
Take and develop construction documentation photographs on a regular basis. Maintain a
digital photographic library of all significant construction activities. Provide unique file names for
photos with date and location information included. Take additional photographs to document
differing site conditions, change order and claim items, and any special or unique conditions as
they arise.
SCOPE OF SERVICES - Page 3
Task 2.4 Construction Progress Meetings
Schedule and conduct weekly construction progress meetings with the contractor and the City.
Provide meeting agendas and discuss the schedule, near-term activities, clarifications and
problems which need resolution, coordination with other contractors, status of change orders,
safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and
distribute the minutes to the attendees within two working days. Include minutes in the monthly
progress reports.
Task 2.5 Shop Drawings and Submittal Reviews
Submittal review and approval are the responsibility of the project architect and the City's design
project manager. The CM shall be responsible for processing and monitoring the status of all
submittals. The CM shall provide cursory review of the contractor's submittals for general
conformance with the contract document requirements prior to sending the submittals to the
architect. Submittals of a general nature (General Provisions & Division 1 Requirements) are to
be reviewed and processed by the CM. Review of the contractor's construction schedule and
monthly updates shall be the sole responsibility of the CM with input provided from the architect
and City.
CM will log, track, and monitor shop drawings, calculations, data samples, submittals, and
manuals from the contractor. Shop drawings and submittals which significantly do not meet the
specified requirements shall be returned to the contractor with comments for corrections and
resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall
be prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be
prepared by the CM and issued at the Preconstruction Conference.
Task 2.6 Plans and Specifications Interpretation
The CM shall review and respond to contractor Requests for Information (RFI) if of a general
nature. Technical RFIs shall be submitted to the project architect for response. The CM shall
maintain a log of RFIs and provide written clarification to the contractor in a timely manner.
Responses to requests for changes to the design require prior approval from the City's design
project manager and the architect.
Obtain and maintain specification referenced standards including: local and regional
specifications, codes, standards, publications, regulations, applicable permitting criteria from
local, state, and federal agencies, standard drawings and specifications of the local agencies,
and related documents, as referenced in the contract documents and as required to perform the
work.
SCOPE OF SERVICES - Page 4
Task 2.7 Construction Inspection Services
Provide full time inspection to ensure that the contractor's work is in compliance with the
contract documents. Prepare daily reports of the construction activities including weather
conditions, contractor's equipment and manpower, work performed, materials used, site visitors,
note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of
deviations and non-conformance to specifications and provide a timely response. Perform
technical inspection at the job site as required of materials and workmanship, and discuss with
the contractor appropriate revisions to the methods and procedures used in performing the
work. The inspectors may not authorize extra work or approve of work that deviates from the
contract documents.
Task 2.8 Progress Payments
Prepare project-related invoices and progress payments. Submit all invoices to the City's
project manager with a recommendation stating the proper amount for payment. Use the
Schedule of Values and actual quantities as a basis to prepare payment requests. The City will
provide a format for monthly progress payments.
Task 2.9 Contractor's Claims and Change Orders
Identify, prepare, log, and monitor all contractor or City initiated claims, changes, extra work,
and change orders. Negotiate all claims to an agreed contractor/consultant/CITY conclusion.
Submit change orders to the City for approval. Prepare a report providing statement of claim,
extra work, or change; background leading to issue; resolution alternatives; and resolution
recommendation for action by the City. Prepare written justification and cost estimates for each
change order and negotiate costs with the contractor. Prepare claims, extra work, and change
orders that require design modifications or clarifications, including revisions to the drawings,
details, and specifications. Resolve claims, extra work, and change orders for changes to the
work and obtain City approval.
Provide the lead role and support to the City in resolving claims and disputes. This shall
include: written responses to contractors and private parties, giving depositions, assisting with
arbitration and litigation, serving as an expert witness, investigating claims for damages by
private sources, design services for replacement of damaged work, and services made
necessary by contractor default.
Task 3: Project Closeout
Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies,
schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the
City. Verify work, testing, cleanup and demobilization is complete. Check and submit final
payment requests, two working days after final walk-through. Review and certify that the
contractor's project record drawings are complete and accurate.
CONSTRUCTION MANAGEMENT
AND ENGINEERING, INC.
December 7, 2009
Mr. Mark Biskup
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
SUBJECT: BEECH AVENUE AND HOME PLANT LIFT STATION SEWER
REPLACEMENT (CIP #3873 & CIP #5572)
Re: Revised Proposal for Construction Management and
Inspection Services
MJS Construction Management and Engineering, Inc. (MJS) is please to submit
this revised proposal for Construction Management and Inspection Services on
behalf of the subject project.
The proposal has been revised in accordance with our recent discussions
regarding the scope of the project and the City's anticipated level of required
construction phase support. As requested, MJS has included scope for Jacobs
Associates (Jacobs) to furnish engineering support and inspection on behalf of
the tunneling portions of this project.
This proposal incorporates some key assumptions associated with the project,
which were used to generate the budget estimate. A summary of these
assumptions is furnished below.
• MJS and Jacobs propose constructability review, submittal review,
technical RFI review, field engineering and community outreach
services in addition to traditional construction management and
inspection services.
• Jacobs proposes inspection services during active tunneling activities
anticipated to be performed at a rate of thirty (30) feet /day and for a
duration of ten (10) hours / day.
• MJS proposes construction management oversight for all phases of
the work and will furnish inspection services for all non-active
tunneling, open-cut and associated public works construction
activities.
i27i MISSOURI STREET . SAN DIEGO . CA. 92109 . (BBS) 201-0027 . MJSULLIVAN@MJS-CM.COM
Page 2 of 2
The proposal has been developed based upon a five (5) month or
twenty-two (22) week construction schedule, which will require
significant concurrent tunneling, open-cut, and public works
construction activities in order to achieve a successful "on-time"
completion.
All services are proposed on an hourly basis and are estimated based upon our
experience on past projects of a similar nature. Due to the nature of field
construction, highly variable conditions and circumstances may be encountered
during the course of the work. Appropriate contingencies have been incorporated
into our estimate.
If the Contractor is cooperative and the project proceeds with minimal levels of
unforeseen occurrences a reduced level of effort will likely result. If difficult field
conditions, relations with the Contractor or extended construction periods are
encountered additional effort may be required.
We have included our current rate schedule, including labor classifications and
associated billing rates, for your convenience.
We are excited to have been selected to furnish construction support service to
the City on behalf of this important project. We will work diligently to achieve the
successful completion of this job and to exceed the City's expectations for our
service.
If you have any questions or require any additional information please feel free to
contact me at (858) 201-0027.
MARK SULLIVAN, PE
Principal Engineer
cc: Terry Smith, City of Carlsbad
Pat Vaughan, City of Carlsbad
File
LSt-
DN MANAGEMENT
Cost Proposal:Beech Avenue & Home Plant (CIP #3873 & #5572)
TASK DESCRIPTION
TaskE
(MJS & Jacobs)
Taskl
(MJS & Jacobs)
Task 2
(MJS & Jacobs)
Task 3
(MJS & Jacobs)
Direct
Costs
1.2
2.1b&2.2b
2.5
2.6
2.9b
1.1
1.3
2.1a
2.2a
2.3a
2.3b
2.4
2.7
2.8
2.9a
3.1
3.1
3.1
Engineering Support Services
Pre-construction Design Review
Community Relations & Outreach
Shop Drawings (40 Submirtals, 10 Resubmittals)
Plans and Specifications (35 RFIs)
Field Engineering & Field Changes (9 Field Changes)
Task E - Subtotal
Pre-Construction Services
Project Management
Pre-Construction Conference
Task 1 - Subtotal
Construction Services
Contract Administration / Management
Reports and Communications
Photo Documentation - Video
Photo Documentation - Photographs
Construction Progress Meetings (22 Weeks)
Construction Inspection Services (22 Weeks)
Progress Payments (7 Invoices)
Claims & Change Orders (5 CDs, 15 Items)
Task 2 - Subtotal
Project Closeout
Project Closeout
Task 3 - Subtotal
Direct Costs
Printing, Mail, Miscellaneous (MJS)
Printing, Mail, Mileage, Miscellaneous (Jacobs)
40
40
150
70
72
24
40
80
60
16
24
100
350
30
40
60
175
36
30
40
0
12
0
20
30
16
0
12
380
48
40
186
100
112
24
46
80
72
16
44
130
921
30
52
60
$6,896
$5,400
$26,982
$15,060
$17,200
$71,538
$3,240
$6,522
$9,762
$10,800
$10,344
$2,160
$6,980
$19,110
$132,872
$4,050
$7,644
$193,960
$8,100
$8,100
$1,500
$10,181
'Services are proposed on an hourly rate basis with an associated "Not To Exceed" upper limit. Actual
services required or requested may be affected by variables which may not be within the control of MJS.
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, MARK J. SULLIVAN, am the owner of MJS CONSTRUCTION MANAGEMENT AND
ENGINEERING, INC. I hereby certify that MJS CONSTRUCTION MANAGEMENT AND
ENGINEERING, INC. has no employees and is not required by law to maintain workers' compensation
or employers' liability insurance. Should MJS CONSTRUCTION MANAGEMENT AND
ENGINEERING, INC. employ any person during the term of the Agreement with the City of Carlsbad
for CONSTRUCTION AND INSPECTION SERVICES FOR THE BEECH AVENUE & HOME
PLANT LIFT STATION SEWER REPLACEMENT project, then workers' compensation and
employers' liability insurance will be obtained.
MARK J. SULLIVAN _
Name
Signature ' Date
Owner of:
MJS CONSTRUCTION MANAGEMENT AND ENGINEERING. INC.
AMENDMENT TO PIPELINE LICENSE
This AMENDMENT TO PIPELINE LICENSE is made effective Dece6b-r \ . 2009 by
and between NORTH COUNTY TRANSIT DISTRICT ("NCTD") and ClTY OF '
CARLSBAD ("CIY).
WHEREAS
NCTD is a successor in interest to the Atchison, Topeka and Santa Fe Railway
Company, and CITY is a successor in interest to the Carlsbad Sanitary District, and
NCTD and CITY are parties to Secretary's Contract No. 33144, dated February 26,
1931 and amended December 1,1948, and
ClTY desires to install, use, maintain and repair a new 16" PVC sewer line within a
portion of NCTD's property at approximate Milepost 228.9.
NOW THEREFORE
The parties agree as of the date written above, that approximately 214' of 16" sewer
pipeline encased in 30" steel casing as indicated on Exhibit "A" attached hereto shall
supersede the prior exhibit for that portion of 15" pipeline identified as "ABANDONED
1 5" VCP SEWER", and
Remaining portions of pipeline depicted on Exhibit "A" to Secretary's Contract No.
33144 reasonably reflect the current use, approximate location and dimensions of
facilities within the railroad right of way.
Executed by Lessor and Lessee as of the date first written above.
/-.
NORTH COUNTY TRANSIT DISTRICT
,
Matthew 0. \ruck&
Executive Director Its: M$qhZ,
Approved as to Form Approved as to Form
By: Ronald Kernp, beputy Ci ty Attorney
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN NORTH COUNTY TRANSIT DISTRICT
AND
CITY OF CARLSBAD
\
EXST 10' CARLSBAD MUTUAL
WATER COMPANY ESMT
REC 07-28-54
BOOK 5282, PAGE
EXST 8' CARLSBAD
SANfTARY DISTRICT ESMT
REC 07-HB-52
BOOK 4531
PAGES 220 tt 223
V:ABANDQNED
V15" VCP SEWER
8.74' OF 16T PVC
SEWER
11.31' OF 1ST
PVC SEWER
155-800-11
NCTD 155-200-13
NCTD
194.22' OF Iff* PVC
SEWER IN 0.25" THICK
30" STEEL CASING
0 OF TRACKS
DESCRIPTION:
214.27 LINEAR FEET OF 16-INCH CLASS 150 PVC
GRAVITY SEWER MAIN LOCATED ON NCTD PROPERTY
NORTH OF THE TRACKS. PIPE SEGMENT UNDER
CARLSBAD BOULEVARD IS ENCASED IN 30-INCH STEEL
CASING PIPE WITH A WALL THICKNESS OF 0.25*
SCALE IN FEET
SUPPLEMENTAL AGREEMENT
between
THE ATCmSON, TOFEKA AND SANTA FE RAIIWAY COMPANY
and
•CARLSBAD SANITARY DISTRICT
Amending Secretary's Ho.
331^41 substitution ofprint.
•Dated: December 1, 1?U8.
SUPPLEMENTAL AGREEMENT, Made this 1st day of December,
191$, between THE ATCHISON, TGPEKA AND SANTA FE RAIL-
WAI COMPANY, a Kansas corporation, hereinafter called
"Railway Company", first party, and CARLSBAD SANITARY
DISTRICT, a California corporation, hereinafter called
"District", second party
RECITALS:
By an instrument in writing, dated February 26, 1931, between
the parties hereto, designated in the records of the Railway Company as
Contract Secretary's No. 33lljl; (hereinafter for convenience referred to as
"Original License"), the Railway Company accorded to the District license
and permission to.construct, maintain and use a sewer line carrying
sewage along and across the right of way and tracks of the Railway Company
at Carlsbad, San Diego County, California, at the locations shown by solid
red lines and particularly described upon print of Division Engineer's
Drawing No* L-ll-11266, revised February 23, 1931, thereto attached, narked
"Exhibit A", and by reference made a part thereof.
Recently an additional connection to a branch line has been
made to said sewer line by the District, and it is the purpose of the parties
hereto to supplement the Original License in the manner hereinafter set forth.
AGREEMENT: ....'.-•.; . ..-;. •-;
NCW, THEREFORE, it is agreed by and between the parties hereto
as follows:
1, That print of Division Engineer's Drawing No. I/-11-11266, last
revised October 26, 19U8, hereto attached, marked "Exhibit A", and by
reference made a part hereof, correctly shows by solid red lines the location
of said sewer line across the Railway Company's right of way and tracks
as it now exists at the aforesaid location, and that said print shall be
•ff:f;.':5J?;
/&A'fXjFt.Jt- «J
and it hereby is substituted in the place and stead of print attached to
and made a part of the Original License, *Lth like force and effect as
though in the first instance attached thereto and made a part thereof.
2. That, as herein supplemented and amended, the Original
License shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Supplemental Agreement, in duplicate, the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
CH!;?/ EI'TCr'R. COAST LI^SS
AS TO FOR.M
6L.
Its Assistant tc General Manager
it
ATTORNEY
'.? xio.oo.Jkx*
• - '• • Form 1C58~SUnSard ""
(Approvod by Q«nof»l Solicitor) ^ _.
PIPE LINE LICENSE
THIS INSTRUMENT, Made,.this...,:..2.&th.....l..Lday of '. ........rehr.Uary.. i.....:...! 19....3X,
between IM.-.ATOHISOIT.,-..TaEE2CA..Aim...SAK[n^ COMPANY,
i • ' i
' -• ' i'i ^ .r. '1.-.' ••• -. •. • .-.-".. •. .- ...... • -;:---:".;.-.
- ' a....LKaasaS- : corporation (hereinafter called the "Licensor"),' party of the first part, and.........'.
(hereinafter, whether one or more persons or corporations, called the "Licensee"), party "of the second part.
•:-'-' IN CONSIDERATION of. thofsuiaof...J&Y&..anji..nVl0-k-^^^"'* ''* 'JJ' '•"•'•' '',— •'.'•-' !J VT :_•..-...•-- '. : .:.-•-.. .."•—•--.-.:.•.".• .—V---V-.-:. •—:,•-;— -rv-.-v
DOLLARS" (iS^QQrr.-r^.^.'yjfi hand paid by the Licensee to the Licensor, the receipt of which ia hereby ac-
knowledged, and ..the" faithful performance by -;the Licensee of the: covenants herein contained/ the Licensor
licenses the. Licensee to construct, and maintain...:l.one.....:...;:(.:.:;l.-Ai.) pipe line;..'., .par.t/..8.-.;.in.ciififlV— '-'-'."^.
'.•paI.t~V6ei£.';iHc.heS.;.a^ |n''diam'eterr^(hereina'1 ''
more'' pipe lines,' called the "CROSSING")", to be used for carrying \^.8.§$<&*....'.'..] ...'..'.l'.l.'
, ........ .. ......... .'..;.;....':........across or along the right of way of the Licensor at or near the station o
'.Sj^.!..Die£0.::;C.b.ya.1;y*:...C!alIf Q.rnia ................................ the exact location of said pipe line or lines being«i -.'.
oneor
described as follows:
As per descriptions shown on Exhibit "A"
attached;
.,-.-.. ;''.::'! ~J:* c; n;s j-iiisi.s-tr ic r-,c-
' '
j 2-r:'ij; bi,iijc;:;--'
wri «•: »;.:;•! j/.'.-cucVi (.1 ;;•'. C.-.-.e"^ p>. firo ••::;;r«i»ot ;o jj'i r:''.vJ' >G uc--5-
':,. r;'» •'".ilvi;?-; >*: ij-"- "v-rn-.-f-- ;/.-> foiii;:uu{:r;u jj.-vcc^ r:c/;; i--
. ... . , ..
said pipe; line or] jines. being-more particularly shown upon 'the •print- hereto" :attached;'ni'afkc<f '"Exhibit ''made a. part. hereof;!, or'-'c-t. t..-.fi«"-;'. ;- .v .•-' .•;.-:.-.:'!"r- j-i.. j-;.:-::.-.i./ ;-.;..:, -.j.--;. ...-.;.; «.•: t. .•• ]•..,: .;-.f '..-y\ \-i.-. •:>,.
'-' ..... ' ... --'.'- '•-•—' ••-.•'• ••* •!(-• n ;;; •.-:::•;• -.::: ••••.!.; :/•:•; ,;.• •>:•;';; ;-.-//; t.-,-r. .' I77:'j r.-fff Ci'..-".' ^1:3 f':.L"li; "..r"H <;I Cj'"'
;./,'.'.'. IN. CONSIDERATION'- bf the., foregoing {icense, .the .Licensee, agrees, at its own cost and subject to the su-
pervision and control ;6f the Licensor's [chief engineer,, to locate,; cohstruct .and maintain the -CROSSING !in. such a
manner and of sucfi material "that it will not at any time be a source' of danger to or interference with the tracks,
roadbed .and iproperty of -the Licensor, or-the safe operation of its railroad, and taatoCSCSt that said CROSSING
j^tgjb^JitKjLrfM'^^L't'gfflUt shall be constructed, installed ; and thereafter- maintainied in 'conformity' with the"
plans:and specifications shown on the print hereto- attached -marked "Exhibit B" and made .a part fiereof.' 'It at
any time the Licensee shall, in the' judgment of the Licensor,' fail to properly "perform its" obligations under"'thi3
section, the Licensor may, at- its7 option, itself perform such work' as it deems necessary for the safe operation of
its railroad, and in such event, the .Licensee agrees to pay, within fifteen (15) days after bill shall have been
rendered therefor, the cost; so incurred by the. Licensor, plus a sum equal to ten per. cent (10% ) thereof, but fail-
ure 'on the part of the Liceosor 'to perform the obligations of the Licensee, shall not release the Licensee 'from
liability hereunder for loss or damage occasioned thereby.'
The Licensee further agrees to reimburse the Licensor for any expense incurred by the Licensor for false work
to support Licensor's tracks and for flagman to protect its traffic during installation of said CROSSING and
for any and all other expense incurred by the Licensor on account of said CROSSING.
The Licensee further agrees at all times to indemnify and save harmless the Licensor against all claims, de-
mands, actions or causes of action arising or growing out of any loss of or damage to property or injury to or death
of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of
:thft .CROSSING, "and to" pay to the Licensor the full amount of any loss or damage which the Licensor may sus-
tain, incur or become liable for on account thereof. :.:.'..; v:'..-.
THIS LICENSE is given by the Licensor and accepted by the Licensee upon the express condition that the
same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the
other party, stating therein the date that such termination shall take place, and that upon the termination of this
license in this or any other manner herein provided, the Licensee, upon demand of the Licensor, shall abandon
the use of the CROSSING and remove the same and restore the right of way and tracks of the Licensor to the
same condition in which they were prior to the placing of the said CROSSING thereunder. In case the Licensee
shall fail to restore the Licensor's premises as aforesaid within ten (10) days after the effective date of termina-
tion, th» Licensor may proceed with such work at the expense of the Licensee. No termination hereof shall re-
lease tne Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached
previous to or which may be accruing at the time of such* termination.
• notice, request, instructions or revocation of this license to be given by the Licensor to the Licensee here-
all be deemed to be properly served if the same be delivered to the Licensee, or if deposited in the post-
office, postpaid, addressed to the Licensee at .Ua2^3]kad.»....£.alij£.Q£Ri&.A
In the event that the Licensee herein embraces two or more persons or corporations, all the covenants and
agreements of the Licensee in this license shall be the joint and several covenants and agreements of such persons
or corporations.
fReco:
All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the
successors", legal representatives and assigns-of the parties to the same extent and effect as the same are binding"
upon and inure to the benefit of the parties hereto, but no assignment hereof by the Licensee, its Successors', legal
representatives or assigns, or any subsequent assignee, shall be binding upon the Licensor without .the written
consent of the Licensor in each instance. ' /. r_ _ .:. . ..... .,,.
• 'IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year,first above .written. ;i •' • ' ' • —~' •• - "" ••-•-• --
RAILWAY " COMPANY,
Superintaivteuc
Approved as to Description:
r EXHIBIT *W
:: :- u, , :
? ATTACHED TO CONTRACT BETWEEN ^ ^
THE ATCHISON/TOPEKA AND SANTA FE RAILWAY COMPANY1 •• " -AND
CARLSBAD SANITARY DISTRICT -
SANBEeHAR-oirso, CALIF. DESCRIPTIONOORR.E.CT ,
DECEMBE.K II, I93O. <
Revised rEBRUAKV "Z3, IQSI AstoHame. ,1331 As to Hame. j
SCALE:!IN.TO 1OO FT.
IVI5ION
Pump. Hou
R/W. LINE.
STATE HtG
DESCRIPTION— LiNE-'W;
A Sewer Une,consiai:inq partly of 15 inch and 10 in'i
Pipe, pressure qravfiy flow, toqether witln Manholes, U
Railwdy Company^ Carlsbad Station Grounds or Riqhk;
colored hereon in Red. ; . VJ
Portion of each siz.e of Pipe is as shown above. 01
this drdwi nq. ; ',. ": :^
HIGHWAY
fOPP, M.P. lt$ + 0029.5Manhole t OPP.M.RZZ9U-0632.1 E/W. LINE.
ZEE
50.3
IO"SE WER-LINE TV
.."'I' ( VITRIFIEC? PIPE.)' ' '"''' ' "''
/ j
32.39'
(VITRIFIED
358.37'
iOPP. M.P. '2291-0442.3Mdnhole on R/w. Line
,.':;• 15 inch and 10 inch Verified
irvyi tVi M anhol e s , located on the ; j
i'fereundslor'Riqht of Way as shown'*•*: *- •"•'''-"-" "':". i '* . ' •• * ; ' - " . • •• ' ' ' '
a ishw n abov e on ihe face' '
v^: • j DE5CBIPTlON-LiNe.f'B" ^
•"><-' ASeyyj:P:Mne,con8i»tinq partly of 8 inch and 10*Vitrified' ^
vf?«pe/ pressure qravifc/ flow, locjeiher wfih Manholes, locateS
.on ihe Ks|wa/Company^ Carlsbad 5tation Grounds or Kiaht of "^
as shown colored hiereon ?n Red. : -I
^;; f Portid-i;;of each size, of P(pe is as shown above on the ^cel'
•189.82.'
<L MAIN TRACVC
PIPE)
430.0'
2,55.01
48Z.I51
fOpp.M.P. -ZZ9f niG.
1 p/W. LINE. •
; located'
BioH t of ;•' i- .'-.I - . ' ,>'-
""_ ..
;^i; ;An;Ootfajl5jevA/erJ-ine/consi5tinq parily of 8 inch Concrete
";andV6]nch'"Xq^ qraviiy flow, located on
the' :';R^i\wa/Ctornpanx5-Carisbad Stairion Grounds or Ciqht of
Way ;-«and i'crbssinq under the Bail way Company^ Main Track
.as shown '/colored he.re.orr In Red. ; ',
^KSaicj^ewer: Line'- ijB-.IT.l'-fepJk; below. RaiIs,v.:',,;-.::.;/; ;';;-\" •;•* : -. :•;•-( -;:'••
,.v- x Fb r t i on of 'each , si ze of Rip a \ s a« ohovy.n ab o ve ' <:> n ih e ' fa ce' " ' ''
ToNATlONAUClTY -
FarrAlext Sta.
(VITRIFIED RIPE.) .
IO'fSEWER--LlNE'lB
48O.Q'
oC v$ J2.Jnch:M^ qravity flow,
fft'- •-.'«'' • "«. •• i' ' • 11 V^.'PI :«i "•• ••'•"''-.—.'" " ' '"•'.'- > >'_ " "• i i -*'. •; "_ i i i " ' — •• • ." • •
?s j; or Riqhi: bf VV^j^and-crp^sinq uncier^^e t?dilway Com pa n/* Main
C;:;;Track-<3nd T?-ac|c: Np^Q as-shown colpred'hereon in Red. '.•••':/.
|1 :;,''-:';Said:Pipe is" I4i8 feet"below'~ " '""'" '