HomeMy WebLinkAbout2002-05-14; Municipal Water District; 528; Cannon Rd & College Bl Water Pipelines AgreementB#
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CARLSBAD MUNICIPAL WATER Dl
APPROVE AND AUTHORIZE AN
ENGINEERING SERVICES AGREEMENT FOR
CANNON ROAD AND COLLEGE BOULEVARD POTABLE AND
RECYCLED WATER TRANSMISSION PIPELINES PROJECT NOS. 3887 AND 3892 AND APPROPRIATE FUNDS
RECOMMENDED ACTION:
Adopt Resolution No. 1148 to approve and authorize an engineering services agreement
with Daniel Boyle Engineering Corporation for design of the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines, Project Nos. 3887and 3892 and appropriate
funds.
ITEM EXPLANATION:
The Cannon Road and College Boulevard potable and recycled water transmission pipelines are located in the future extensions of Cannon Road and College Boulevard east of El Camino Real.
These streets are now in design by McMillan Homes for the Calavera Hills Project.
The transmission mains include:
0 approximately 6,100 lineal feet of 16-inch diameter recycled water main
0 approximately 1,650 lineal feet of 16-inch diameter potable water main
0 approximately 5,500 lineal feet of 12-inch diameter potable water main
0 two potable water pressure reducing stations
The recycled water transmission main is part of the master plan Encina Basin Water Reclamation
Program, Phase II Project, Project No. 3887.
The potable water pipelines are part of the Water Distribution System, Project No. 3892,
The District requested a proposal from Daniel Boyle Engineering for the engineering design
services. Daniel Boyle Engineering is currently working with the developer of Calavera Hills and has
the topography and other design information to complete the design in a timely and efficient manner. This engineering services agreement with Daniel Boyle Engineering Corporation is for final design of
water and recycled transmission pipelines within future Cannon Road from El Camino Real to College Boulevard and future College Boulevard from Cannon Road to the Calavera Hills development.
ENVIRONMENTAL REVIEW
On January 25, 2000, the Board of Directors certified a Mitigated Negative Declaration for the Phase II project under Case No. EIA 99-09; CMWD Project No. 98-301. The potable water
pipelines were included in the environmental review and approvals of the Cannon Road and College EIR No. 98-02.
FISCAL IMPACT:
will be from the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887 and The total design cost for the recycled and potable water mains is $97,994. Of this amount, $47,994
there are sufficient funds available in the project account. The remaining $50,000 will be from the Water Distribution System, Project No. 3892, which was scheduled in the CIP for year 2002-2003.
Staff is requesting this appropriation at this time to coincide with the developer's schedule for
construction of the roads as part of the Calavera Hills project.
Page 2 of Agenda Bill No. 528
EXHIBITS:
1. Location Map.
2. Resolution No. 1148 of the Board of Directors of the Carlsbad Municipal Water
District to approve and authorize an engineering services agreement for design of the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines,
Project Nos. 3887 and 3892, and appropriate funds.
3. Engineering Services Agreement with Daniel Boyle Engineering Corporation for design of
the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines, Project Nos. 3887 and 3892.
LOCATION MAP
NOT TO SCALE
NAMEAGR€€M€NTFORCANNONROAD&COLLEGEBLVD. EXHIBIT PROJECT
POTABLE AND RECYCLED WATER TRANSMlSSlON PlPELlNES 3887 NUMBER
& 3892 PROJECT NO.3 3887 & 3892
HN BY: SCOTT EVANS CIWLSBAD ENGINEERING DEPT 5/l/02 C\CAPrrAL\AHlrS\37-~9Z.Offi
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RESOLUTION NO. 1148
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
AUTHORIZE AN ENGINEERING SERVICES AGREEMENT MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND
FOR DESIGN OFCANNON ROAD AND COLLEGE BOULEVARD POTABLE AND RECYCLED WATER TRANSMISSION PIPELINES, PROJECT NOS. 3887 AND 3892 AND APPROPRIATE FUNDS.
WHEREAS, funds have been appropriated for the recycled water pipeline improvements in
le Encina Basin Water Reclamation Program, Phase II, Project No. 3887; and
WHEREAS, funds totaling $50,000 are needed for the potable water pipeline
nprovernents. This is the initial appropriation for the design of the potable water pipeline and
ressure reducing station; and
WHEREAS, the Engineering Department requested qualifications and proposals
x Engineering Design Services from Daniel Boyle Engineering; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
etermined it necessary, desirable, and in the public interest to enter into an agreement between
)ANIEL BOYLE ENGINEERING CORPORATION and the CMWD for Engineering Design
iervices to design the Cannon Road and College Boulevard Potable and Recycled Water
.ransrnission Pipelines, Project Nos. 3887 and 3892; and
WHEREAS, the approval of a one-year extension will be included for this agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Vater District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Finance Director is authorized to appropriate $50,000 from the Water
:onnection Fund.
3. That the proposal by DANIEL BOYLE ENGINEERING CORPORATION in the
,mount of $97,994 for engineering design services is accepted and approved.
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4. That the President of the Carlsbad Municipal Water District is authorized and
Yirected to execute the agreement with DANIEL BOYLE ENGINEERING CORPORATION for the
jesign of Cannon Road and College Boulevard Potable and Recycled Water Transmission
aipelines, Project NOS. 3887 and 3892.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on the 14th day of MAY , 2002 by the following vote, to wit:
AYES:Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
iTTEST: 1
age 2 of 2 of Resolution No. 1148 (CMWD)
AGREEMENT FOR CANNON ROAD AND COLLEGE BOULEVARD
POTABLE WATER AND RECYCLED WATER PIPELINE DESIGN SERVICES
(DANIEL BOYLE ENGINEERING)
THIS AGREEMENT is made and entered into as of the l5tu day of
M Rd 20 01, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a' Public Agency organized under the Municipal Water Act of 1911,
and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD')),
and DANIEL BOYLE ENGINEERING, a California corporation, ("Contractor").
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RECITALS
A. CMWD requires the professional services of a civil engineer that is
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to CMWD and has affirmed its
experienced in pipeline design.
services and advice related to recycled water pipeline design.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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 Executive Manager may amend the Agreement to extend it for
one (1) additional year. Extensions will be based upon a satisfactory review of
Contractor's performance, CMWD needs, and appropriation of funds by the CMWO
Board of Directors. 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.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be not-to-exceed ninety seven thousand nine hundred ninety four dollars ($97,994).
No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten
percent (10%) retention until CMWD has accepted the work and/or Services specified in
Exhibit "A".
Incremental payments, as outlined in the attached Exhibit "A", shall be time and
expense based on labor categories and rates.
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
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD 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 CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD 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 CMWD. 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 CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
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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 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.
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' 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.
IO. 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-:v".
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive 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. CMWD, 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 CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and , Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $l,OOO,OOO per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to CMWDs satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. 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 CMWD and the City of Carlsbad will be named as an additional
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
insured on General Liability.
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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWDs
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD 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. CMWD 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.
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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 CMWD 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 CMWD. 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 CMWD.
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
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Title David P. Ahles Name Daniel G. Smith
Carlsbad Municipal Water District Title Principal Engineer
Address 1635 Faraday Avenue Address 3142 Vista Way, Suite 303
Carlsbad, CA 92008 Oceanside, CA 92056
Phone No. (760) 602-2748 Phone No. (760) 433-9709
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
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD'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 Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
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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 CMWD 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 CMWD 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 (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager, The Executive 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 Executive 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.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may terminate this Agreement for.nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD 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 CMWD and
all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. 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. CMWD 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 oragreed 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, CMWD 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.
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22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to
CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation 07 in conjunction with litigation. Contractor ,
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., 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 CMWD 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 CMWD to terminate this
Agreement.
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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.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
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 CMWD, 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.
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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 CARLSBAD MUNICIPAL WATER
DANIEL BOYLE ENGINEERING, a DISTRICT, a Public Agency
California corporation organized under the Municipal Water
Act of 191 1, and a Subsidiary District
of the City of Carlsbad
"By:
(sign here)
(print namehitle) Secretary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman, President, or
Vice-president
**Group B.
Assistant Secretary, 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, General Counsel
By: $h.d&& Deputy General Counsel
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :/o :jai
State of WMLNW-
county of e/. /
" -
On & 71 He /CAE before me, &?&N ' NCIhEl(liL% k/%?~/vkV..?Y CF OFFICER - E G .'iAtJE SCE. NOiAil P&LlLIc.
personally appeared 7" f?? .Hmk?GfZ .T-k?-
-
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NAhEISI OF SiGNE%ISl
0 personally known to me - OR - proved to me on the basis of satisfactory
to be the person(s) whose
subscribed to the within i strument and ac-
knowledged to me tiladeithey executed
the same in @/her/their
capacity(ies), and that by ahorized hi eritheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, execl;ted the instrument.
WITNESS my hmd and official seal
OPTIONAL
Tr,cugr, the &:a be!ow is r.ct ri;uIre6 ty !a':>, it mq prove valu~ble !G persons r2!ylr,g cr; !hi cccment 2nc could preven:
fraudulent reanacnment of tnls lcrm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT a lND1VlDUA.L 0 CORPORATE OFFICE3 - TITLE OE TYPE OF DOCUI.IENT m:si
0 FARTNE?.(Sj n LIblITED
c! ATOfiNEi.IN-F.%CT D TFiUSTEEiSj
5 OTEER ".
D G' cNE~?AL
NUMEEg OF PAGES
GUARDIA.N:CONSE:.'/hTCF,
DATE OF DOCUI.lE?IiT
D~NIEL BOYLE ENGINEERING
Consulting Engineers
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 7th day of March, 2002, 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 7th day of March, 2002.
23231 South Potnte Drive ' Sliite 103 ' Laguna Hills. CA , 92653. 19491 768-2600. Fax 19491 586-5188 ' www~dboyle~eng.cam
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for CMWD and at what price.
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D~NIEL BOYLE ENGINEERING
Consulting Engineers
~ CITY OF CARLSBAD
Engineering Department
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: Mr. David Ahles
Senior Civil Engineer
EXHIBIT "A" March 7, 2002
City of Carlsbad
Cannon Road and College Boulevard Transmission Mains
In accordance with your request and our discussions on February 12, 2002, we are
presenting herein our revised proposal to provide professional engineering services for the
design of potable water and recycled' water mains and potable water pressure reducing
stations (PRS) in the proposed extensions of Cannon Road and College Boulevard. We
have utilized the preliminary draft improvement plans for the subject project provided by
the City for this purpose. These plans were prepared by O'Day consultants and are dated
December 6, 2001.
PROIECT DESCRIPTION
Utilizing information provided by the City and the above referenced plans, we have
determined that the project will include the following elements:
255 Zone Potable Water Main: Approximately 1,600 lineal feet of 12-inch diameter,
C900 PVC water main in College Blvd., between approximate street stations 102+50
and 118+50. This segment will require two plan and profile sheets.
375 Zone Potable Water Main: Approximately 3,900 lineal feet of 12-inch diameter
C900 PVC water, main in Cannon Road, between approximate street stations 125 + 50
and 164+50. This segment will require four plan and profile sheets.
490 Zone Potable Water Main: Approximately 1,650 lineal feet of 16-inch diameter
Steel Pipe water main in College Blvd., between approximate street stations 102+00
and 118+50. This segment will require two plan and profile sheets and will include
the design of the 255 Zone improvements on the same plan sheets..
3142 Vim Way. Suice 303 ' Oceanrlde. CA .92056' 17601 433 8710. Fax 1760) 433~9709 ' wvwdboyle-engsom
City of Carlsbad -Cannon and College Transmission Mains As-Needed Services - 3/7/02 Page 2
384 Zone Recycled Water Main: Approximately 6,100 lineal feet of 16-inch diameter
C905 PVC recycled water main in Cannon Road (approximate Street Sta. 125+50 to
164+50) and College Blvd. (approximate Street Station 118+25 to 96+50). This
segment will require seven plan and profile sheets.
490 to 255 Zone Potable PRS: Located on College Blvd. at approximate Street Station
116+50. The City’s standard PRS drawings (three sheets) will be utilized and
modified for the specific site and pipeline diameters.
490 to 446 Zone Potable PRS: Located on College Blvd. at approximate Street Station
102+00. The City’s standard PRS drawings (three sheets) will be utilized and
modified for the specific site and pipeline diameters.
SCOPE OF SERVICES
Our proposed scope of services is as follows:
1.
2.
3.
4.
5.
6.
7.
Provide project management including project Kick-off meeting, periodic progress
meetings and coordination with City.
Provide coordination with Developer and Developer’s Engineer to obtain and
update digital base map files showing proposed street and other utility
improvements.
Perform data collection; field observation of existing utilities and improvements;
and preparation and review of base sheets (including existing utilities) from digital
information and reference drawings.
Determine proposed potable and recycled water main alignments; prepare red-
lined exhibits showing proposed alignments on base plan of preliminary street
improvement plans; meet to review and refine with City.
Prepare proposed Pressure Reducing Station (PRS) site location sketches (red-lined
exhibits on enlarged portions of preliminary street improvement plans); meet to
review and refine with City.
Provide potholing of existing water line connections, existing sewer and existing
box culvert at the intersection of Cannon Road and El Camino Real.
Determine need for field survey verification of existing improvements. If needed,
prepare list of required survey information and submit to City’s project manager.
It is assumed that City’s As-needed surveying consultant will provide needed
services directly to City.
City oicarlsbad - Cannon and College Transmission Mains As-Needed Services - 3/7/02 Page 3
8.
9,
10.
11.
12.
13.
14.
15.
16.
Prepare 50% complete pipeline plan sheets, PRS plan sheets and special details.
Submit five copies to City; meet with City to discuss comments from 50% review.
Prepare 90% complete construction plans and technical specifications.
Prepare traffic control plans (Intersection of Cannon Road at El Camino Real).
Prepare corrosion study and cathodic protection design for 490 zone steel
pipeline and pressure reducing stations.
Submit 5 copies to City; meet with City to discuss comments from 90% review.
Prepare 100% complete construction plans, specifications and cost opinion.
Submit 5 copies to City; meet with City to discuss comments from.100% review.
Prepare and submit three sets of prints and one set of reproducible final
construction plans (mylar) and specifications. Also provide digital files in City
format.
As suggested by you, we have reduced the total number of sheets from our previous
proposal by combining the plans for the 255 and 490 Pressure Zones on the same
construction plan sheets. Also, we will reduce the number of sheets related to both
pressure reducing stations by using a common note sheet for the electrical notes .
PROJECT SCHEDULE
We have prepared a proposed schedule for executing this project within the expedited
tirneframe we discussed on March 6, 2002. We have allowed one week for each of the
four City reviews.
Proposal Submitted .............................................. March 7, 2002
Notice to Proceed ................................................ March 1 1, 2002
Alignment Review Meeting .................................. March 21, 2002
50% Complete Plan Submittal ............................. April 15, 2002
50% Review Meeting with City ............................ April 22, 2002
90% Complete Plan Submittal ............................. May 15, 2002
90% Review Meeting with City ............................ May 22, 2002
100% Complete Plan Submittal ........................... June 12, 2002
...... .. - .
100% Review Meeting with City .......................... June 19, 2002
Submit Final Plans & Specifications ...................... July 3, 2002
The schedule proposed herein assumes that DBE can acquire the digital files for the street
Improvements by March 14, 2002. I
PROPOSED ENGINEERING FEE
We propose to provide professional engineering services to: Coordinate with the City,
design the above pipelines and prepare construction plans and specifications for the above
described project on a time and materials basis not to exceed $97,994 without specific
written authorization. Table 1 presents our detailed estimate of fees by task and billing
classification.
Our proposal is limited to providing only those services indicated herein. The following
services are specifically excluded from our scope of services. It is our understanding that
these services will not be required for this project.
1. Aerial photogramrnetery or Field Survey services.
2. Ceotechnical services.
3. Construction support.
If field survey services are required, it is assumed they will be completed by one of the
City's As-Needed survey consultants.
Thank you for this opportunity to provide continuing services to the City of Carlsbad.
Please feel free to call, if you have any questions or need additional information.
DANIEL BOYLE ENGINEERING
Principal Engineer
DC5:TBH:lam
End.
699-197-01
C&CTMREV.doc
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.I E 5
-
.. ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDW
11/30/2001
PkODUCER Serial # 81049 THIS CERTIFICATE IS ISSUED AS A MA'ITER OF INFORMATION !.~, _~_I ,.,.: . . P.P.I.B.
' 2244 W. COAST HWY., SUITE 200
,> ;:q ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' .... , _. . .'..'e ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
NEWPORT BEACH, CA 92663
LICENSE NO. 0641361 2;;;j INSURERS AFFORDING COVERAGE c, 1. ,f\.,
I/
INSURED DANIEL BOYLE ENGINEERIN~;IINqr,l,~~~i,!~ INSURERA: ASSURANCE CO OF AMERICNZURICH "7 I
23231 S. POINTE DR., SUITE ?03,:-,;.,: ;-,';,lz;\!~
INSURER 0:
INSURERC: LAGUNA HILLS, CA 92653
INSURER& AMERICAN ZURICH
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I INSURER E
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341 12541
GENEPAL LIABILIN
~ 12/1/01
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IESCRlPTlON DFOPE~TIONYLOCATIDNSNEMCLESlEXCLUSlONSADDEDBY ENDORSEMENTfiPEUAL PROVlSlONS
SNEEDED SERVICESIDBEI JOB #Cl5-lO6-00
SEE ATTACHED ENDORSEMENT
SHOULDANYDFTHEABOVEDESCRlBEDPOLlClESBECANCELLWBEFORETHEEXPlRATlDN
CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY DATE THEREOF, THE ISSUING INSURER ML- MAIL 30 DAYS wrrm
OF CARLSBAD NOTICE TO THE CERTIFEATE HOLDER NAMED TO THE LEFT"X-
ATTN: MR. WILLIAM E. PLUMMER. P.E.
1635 FARADAY AVE.
CARLSBAD. CA 92008-7314
l(€w&&xxmxx
REPRESENTATIVE
I XfA A,4 I, 1, fQ
ICORD 254 (7/97) ll * QACORD CORPORATION 1988
POLICY NUMBER: 341 12541
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG20101185
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD
CL 246
(1 1-85)
(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.
XCG2010 , Copyright. Insurance Services Office, Inc.. 1984
ACORQ C E RTI F-
:omercial Brokers Ins. & SOOUCER
:nsPro Aaents/Brokers-#OB1
~ "TE OF LlABl
,8019 ~~~~ ~
B. 0. Box 2340 iunnyvale CA 94087-0340
lames Lohmann j COMPANY
I A Continental Casualty Co.
iSURED
honeNo 408-481-9342 FaxNo.
COMPANY B
Daniel Boyle Engineering, Inc
Laguna Hills CA 92653 23231 South Pointe Drive #lo3
I COMPANY I
1 COMLANY I
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WED ABOVE FOR THE POLICY PERIOD
INDICATEO, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUE0 OR MY 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.
rR 0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
, DATE ("IDDIM DATE ("IDDMy)
POLICY EXPIRATION LIMITS
1 GENERAL LIBILITY
f PERSONAL 6 ADV INJURY
I PRODUCTS. COMPIOP AGG
f GENEWAGGREGATE
OWNERS 6 CONTRACTOR'S PROT EACH OCCURRENCE f H I
1 AUTOMOBILE LIABILITY
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I "- I I PROPERTY DAMRGE I I
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7 ANY AUTO
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I 1 OTUFR THAN IIMnnFI I FORM , , , - . . . -. . . . . .. . - .. . . -. .. . .
i WORKERS COMPENSATION AND I
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THE PROPRIETOR!
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EXCL 1 OTHER 1
L 1 PROFESSIONAL AEE 11-375-45-38 i LIABILITY I
01/07/00 ~ 01/07/03 ~ PER CLAIM $1,000,000
AGGREGATE $1,000,000
I ! I I !
$SCRIPTION OF OPERATlONSlLOCATlONSNEHlCLESlSPEClAL ITEMS
.ll.operations of the insured including but not 1imited.to the following tro3ect: As-Needed Servlces Provldlng.Genera1 Englneerlng Servlces for )reparation of Various Engineering ProJects lBE,I Job No.: C15-106-00
ERTIFICATE HOLDER CANCELLATION
Carlsbad Municipal Water
ms-9 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MIL - District Mr. William E. Plummer, P.E. 1635 Faraday Avenue Carlsbad CA 92008-7314
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L!ABlLlTY
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
I
I James Lohmann -
CORD 25-5 (1195) $cm '' ACORD CORPORATION 1988
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
BUS. NO. 1206328
DATE ISSUD 12/03/2001
08.160 50.00
BALANCE 0.00
TAXES PAID IN ACCORDANCE WITH CITf BUSINESS TAX ORDIN4NCE
CITY OF CARLSBAD