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HomeMy WebLinkAbout1998-02-10; City Council; Resolution 98-37\ ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 98-37 EXHIBIT 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND ACCEPTANCE OF PROPOSAL FROM O'DAY CONSULTANTS TO PROVIDE ENGINEERING SERVICES ON REACH SAHI, SAH2 AND SAHT3B OF THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER, CMWD PROJECT NO. 92-406,35821 WHEREAS, Requests for Proposals were requested to provide the necessary civil design services for preparation of design plans and specifications for Reach SAHI , SAH2 and SAH3B of the South Agua Hedionda Interceptor Sewer, CMWD Project No. 92-406; and Cannon Road Recycled Water and Potable Water Transmission Mains Phase II, CMWD Project No. 88-602; and responses were received from Daniel Boyle Engineering, Inc. and O'Day Consultants; and after review of the proposals, the staff recommended O'Day Consultants based on an evaluation of their approach to the design and as the most responsive in meeting the objectives of the design phase; and WHEREAS, the City Council of the City of Carlsbad, California, has determined il necessary and in the public interest for approval and acceptance of a proposal from O'Day Consultants, Inc. to design plans and specifications for Reach SAHI , SAH2 anc SAH3B of the South Agua Hedionda Interceptor Sewer, CMWD Project No. 92-406; and WHEREAS, funds appropriated in the amount of $5,125,000 have been appropriated in the 1997-98 budget for the South Agua Hedionda Interceptor Phase I and Phase II, and the project cost estimated for the civil design services for the Reach SAHI, SAH2 and SAHT3B of the South Agua Hedionda Interceptor Sewer, CMWC Project No. 92-406, is $70,000 for engineering services and $7,000 for contingencies therefore, there are sufficient funds available for this project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 e 0 I NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached three party agreement between O'Day Consultants, the City of Carlsbad, and the Carlsbad Municipal Water District be approved and accepted; , and 3. That the Mayor, as representative of the City of Carlsbad, is authorized and directed to execute the proposed agreement between O'Day Consultants, the City of Carlsbad, and the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on 10th day of February , 1998, by the following vote to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: (SEAL) 28 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the /o j4 day of Feb Mnrv 9- 1998 , by and between the CITY OF CARLSBAD, a municipal ,- corporation, hereinafter referred to as "City", CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation hereinafter referred to as "District", and O'Dav Consultants , hereinafter referred to as "Contractor." RECITALS City requires the services of an engineerina degiqn Contractor to provide the necessary enaineerinq services for preparation of Reach SAHl. SAH2 AND SAH3B of the South Aaua Hedionda InterceDtor Sewer, CMWD Proiect No. 92-406; and District requires the services of an enaineerina desian Contractor to provide the necessary enaineerinq - services for preparation of Cannon Road Recvcled Water and Potable Water Transmission Mains Phase II. CMWD Proiect No. 88-602; and Contractor possesses the necessary skills and qualifications to provide the services required by the City and the District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS (See attached Exhibit "A".) 1 rev. 01/13/98 0 0 2. CITY OBLIGATIONS The City shall provide all existing street improvements plans for Cannon Road and sewer improvements in Cannon Road. The District shall provide all water and recycled water improvement plans in Cannon Road and contacts for contacts use in acquiring information. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt of notification to proceed by the City Engineer or designee and be completed within one hundred (100) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer or designee.! The City Engineer or designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City or District inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $140,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City and the District. 2 rev. 01 /I 3/98 e 0 5. DURATION OF CONTRACT This agreement shall extend for a period of thirtv (30)davs from date thereof. The contract may be extended by the City ManagedExecutive Manager for one (1) additional one (1 ) year periods or parts thereof, based upon a review of satisfactory performance and the City's and the District's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the plans and sDecifications for the desian services the Contractor shall deliver to the City the following items: 1. One set of original mylars containing the plans for the project. 2. One set of specifications for the project. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor, the City or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor, the City or the District may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be fowarded to the City/District by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment 3 rev. 01 /I 3/98 0 0 .. to Agreement shall be prepared by the City and the District and approved by the City and the District according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideratiqn contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City or the District shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 1 I. TERMINATION OF CONTRACT . In the event of,the Contractor's failure to prosecute, deliver, or perform the work -. as provided for in this contract, the City Manager/Executive Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the 4 rev. 01 /13/98 0 0 termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and the District and all work in progress to the District Enqineer. The District Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City or the District, the Contractor shall assemble the work produd and put same in order for proper filing and closing and deliver said product to City or the District. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager/Executive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor or the City Engineer or designee. A copy of such documented dispute shall be 5 rev. 01 /I 3/98 0 0 forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or designee or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council or the Board of Directors for their resolution through the Office of the City ManagedExecutive Manager. The City Council or the Board of Directors may then opt to consider the directed solution to the problem. In such cases, the action of the City Council or the Board of Directors shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to theq at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City or the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of 'the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties 6 rev. 01/13/98 0 .I 0 pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad or the Carlsbad Municipal Water Distri to disqualify the Contractor from the selection process. /&initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein, by reference. k nitial j 14. STATUS OF THE CONTRACTOR - The Contractor shall perform the services provided for herein in Contractor's own way as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City or the District. Contractor shall be under control of the City and the District only as to the result to be accomplished, but shall consult with the City and the District as provided for in the request for proposal. The. persons used by the Contractor to provide services under this agreement shall not be considered employees of the City or the District for any purposes whatsoever. The Contractor is an independent Contractor of the City and the District. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City and the District shall not make any federal or state tax withholdings on behalf of the Contractor or hidher 7 rev. 0 1 /I 3/98 0 e .* employees or subcontractors. The City and the District shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Contractor or hidher employees or subcontractors. The Contractor agrees to indemnify the City and the District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City and the District may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City and the District from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS. The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City or the District will provide copies of the approved plans to any other agencies. 8 rev. 01 /I 3/98 e 0 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City and the District, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City or the District. Contractor shall have the right to make one (1) copy of the plans for hislher records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and District and hereby agrees ts relinquish all claims to such copyrights in favor of City and District. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Cartsbad and the Carlsbad Municipal Water District and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad and/or the Carlsbad Municipal Water District. -. Contractor shall at its own expense, upon written request by the City and/or the 9 rev. 0 1 /I 3/98 0 * .. Carlsbad Municipal Water District, defend any such suit or action brought against the City, and/or the Carlsbad Municipal Water District, its officers, officials, employees and volunteers. Contractors indemnification of City and the Carlsbad Municipal Water District shall not be limited by any prior or subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City and the District. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City and the District for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City or the District. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City or the District. 21. PROHIBITED INTEREST No official of the City or the District who is authorized in such capacity on behalf of the City or the District to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or 10 rev. 01 /I 3/98 0 0 indirectly interested personally in this contract or in any part thereof. No officer or employee of the City or the District who is authorized in such capacity and on behalf of the City or the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City or the District, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby 11 rev. 01 /I 3/98 0 .. e acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91403 and the District's policy for insurance as stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney/General Counsel or City Manager/Executive Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain .aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. -. 12 rev. 01 /I 3/98 0 0 2. Automobile Liability (if the use of an automobile is involved for Contractor's work for the City/District). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor's profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. ! B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers' .Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to 13 rev. 01 /I 3/98 0 0 the City sent by certified mail. 5. If the Contractor fails to maintain any,of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. ! 14 rev. 01 /I 3/98 ,. 0 0 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City/District and on behalf of the Contractor in connection with the foregoing are as follows: For CitylDistrict: Title William E. Plummer. District Enaineer Name Carlsbad MuniciDal Water District Address 5950 El Camino Real Carlsbad. California 92008 For Contractor: Title Patrick N. O'Dav. President Name O'Dav Consultants Address 2320 Camino Vida Roble. Suite B Carlsbad. California 92009 ArchitecVLicense Number: RCF 272 1 e ArchitecffLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in 15 rev. 01/13/98 .e 0 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 26th CONTRACTOR: O'DAY CONSULTANTS ~WC 4 (name of Contra t ) By:3qk&, by:,^ Patrick N. O'Day, President (print namehitle) Patrick- N.O'Day, Secretary (print namehitle) ATTEST: . ALETHA L. RA'tlTENKRANZ \ ATTEST: AL+w$Tkiw+\ , - Secretary (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL d- /p"- 16 rev. 01 /I 3/98 e e EXHIBIT "A" 0479 DESIGN APPROACH FOR WATER, PECYCLED WATER AND SEWER IN CANNON ROAD FROM LEGODRIVETOELCAMINOREAL Consultant has prepared roadway pians for the entire length of this project, includii the water, recycled water, and sewer for the portion from Leg0 Drive to Pointe Avenue, and has prepared a preliminary design of the water, recycled water, sewer and sewer force main and lift station for the remainder of the project. Geotechnical investigation has been done for the project area, but did aot include resistivity and corrosion reports, so additional investigations are included in this approach. New tratfic control plans are necessary only at the El Camino Real intersection, as traflic control for the intersection at Leg0 Drive is included in the existing roadway plans, and the remainder of the roadway is new road with no need for construction trafEc control. Utdity coordination has been accomplished with the roadway plans, but additional coordination will be needed due to known conflicts with the water main in El Camino Real. It is envisioned that the CMWD plans will be stand-alone plans and the plans and specifications will be added to the City's roadway bid as an addendum. scope I: Geotechnid conditions in this area include cut areas of Quatermy-aged Terrace Deposits, Santiago Formation and compacted fill. The section fiom Leg0 Drive to Macario Canyon has recently been graded with Leighton and Associates providing geotechni4 services. The section fiom Macario Canyon to El Camino Real has previouily been rough-graded under.& observation and testing of 0th" and Leighton and Associates has reviewed the As-Graded Geotechnicai report for this area. Conwhat will review the existing geotechnical reports and provide a summary of the subsurface conditions, and will make borings of 5 to 10 feet in depth at roughly 500 foot spacings to evaluate engineering characteristics of the so& along the alignment and the chemical characteristics of the soils. Laboratory testing will include an whation of the soils chemical characteristics and pertinent engineering properties. Some of the soils within the Carisbad area have been found to have a high potential for causing corrosion of buried metal conduits. In addition, areas of soil that have been utitized for agricultud purposes or the alhivial areas which drain from agriculturaI areas sometimes have soils with high suffate of chloride cmcentratious. This can result in deterioration of concrete if not.properly planned fbr. The proposed geotecbnical investigation will include a suite of tests to evaluate the chemical characteristics of the soils witbin the minimum resistivity, soluble sulfate content, and chloride concentrations. 'Ihe geotechnical report will present the results of these findings and provide appropriate r-endations to be utilized in the design process. If higbly corrosive soils are identified, one of the recommendations may be to enlist the services of a corrosion engineer. -_ proposed. aligmnents. These tests will include determination of the soil pH, e 0 Design Approach Leg0 Drive Page 2 of 3 Scope II: Potholing. Consdtant will pothole to expose the existing he1 lines, belonging to Santa Fe and Pacific Pipeline, m El Camino Real and survey to locate that line horizontally and vertically, limited to one day of backhoe with operator and one day of surveying crew. Scope III: Engineering Drawings. Consuitant will prepare plans for approximately 7,550 lineal feet of 16-iich diameter water, 7,070 lineal feet of 24-inch diameter and 960 16-inch diameter recycled water, and, 3,800 lineal feet of 24-inch diameter and 1,490 lineal feet of 16 -inch diameter sewer fiom Leg0 Drive to El Camino Real, including the bridge crossings of the Macario Canyon and the Agua Hedionda Creek Channel. Scope IV: Bridge plan revisions. A Revision to the Macario Canyon Bridge plans to accommodate two 16-iich diameter recycled water pipelines and one 16-inch diameter water pipeline. B. Revision to the Agua Hedionda Channel Bridge plans to: provide cantilever widening of the bridge deck for 16-inch water and 24-inch recycled water mains, and to widen the spacing of the pilings to six &-et, to accommodate a 42-inch steel casing for the 30-inch sewer main. The redesign is made complex as the bridge is on a cwve so that the pw cannot be uniformly widened. Scope V: Specificatio~.,:,. = -. -I . .. . . -.- -. ” - .. I .*T” .. . ” , Consukant will. ~- pgepare special provisions to the Ci bid specifications, using ”&.- I E”;. er dish of boilerplate specifications. .-.; . . - ., . . .‘*+“.Z ~ z:.. ... . -. . -. - ” . _., scope VI: ,_ - -€onsuitant will p-ep&e quantity and construction cost estimates for the project. .. . - '. z! e c 3 aY d g% ae: aa 3: g5f 4p gz at t' 5 3 2 5 2 0 0 0 - 1 z - "CO s - 2 z2 - * - - (3 52 P - - -E "" ~".". - cy s - d=z %" s - - z 8 r ~ .- " - _. (Y - 5: - $s - 5 -3 " - Ib 2y - "E *:A f - g?=zP8%BB823% 2, a NCY~Y-~ t mw i f 8 +ahPS?rlLo SI-SP EE28gn2$ <I- 4 :3 2,zoHg 8ggE ma g g f Yztg st "2 W ""Gpgpg., ELSakZ Qrwm~~~ts~oa~= d - , I t n n s F 3 U [I ! I1 ~ P 0 e =ZF gss2 Gape 9 Er g mg +~ et E9 r e $B Snz a Q $j: ,. e 33 lz8 0 a STATE OF CALIFORNIA 1 COUNTY OF San Diego lss. On 1-26-98 before me, Cathlynn E. Aguirre,:;:Ndtary Public DATE NAME AND TITLE OF OFFICER Personally appeared Patrick N. O'Day NAME@) OF SIGNER(S) personally known to me - to be the person(@ whose naml is/are subscribed to the within instrument and acknowledged to me that he/- executed the same in hidW authorized capaci&(ies), and that by his/lan&& signature(* on the instrument the person(*, or the entity upon beha which the person@) acted, executed the instrument. WITNESS my hand and official seal. Carm.#l131484 ;D NOTARYPUBUCWFORHA v) W" L - .. - I .. ' A::: .;. <' . ~. ,. -~., : l.. ,;y -, " , , . ; ., , , , . -. ;' (This area for official n&' ,,..&** :! : ':P , ;.'-..: .,, , , ,. . . . , . " ". . SIGNATURg OF NOTARY 0 .- . .b . ,* , . ,. ,,;>f;:;$. :', . ;< .', x ::; : ,:'! ,;, j:'.,-&. - .:< , '" rl .:;g;q .' .,_,_, (.( -! (f'?;. : ' '. ,,3',: [\.' :' . :.%: >' ., -i\ .t. .,:.;:.,/ :..,: ,,.;>.; $3 ', .e. , . .,. /zj_ ; ; 1 : . ' 1 . . '%. , . ;, i -; 1 ':. , '\;. .. : .: ~ ,. .. . .. . . ._ . .. I I .L-.. i", :. . . . .. .. .. Title or Type of Document B Thr - ee party Professional Services Agreement ~;.;"-.'-., . t .' Date of Document undated No. of Pages 19 .. Signer(s) other than named above None . .- : .. , .. .. .. .. 1 ~~~ ~~~~~~~~~ ~ CMWD 88-602,92406 06/14/95 VI/ LV~ au OULT L&. &I PhA IB.SW~ mmI(AIym AWN.Y _w* 555Q Baltimore Dr. E;W.te 100 %a Me~a CA 91942 ” Pa maa CA 91942 I ”” COMP- 4FFMLwp14 -8 R. &iabUSh PhmraNo. 619-464-6851 kW 619-464-2901 ,_ r JF; ”” v;pLLGey Y?O~ ~ ms. - co. -I-” ASSOCXATFJ3 1IJT-Z- INS “””“” army C~WUI~ZUI~~, rc. jwERIm mRI8TS ms # 7220 Avesida bcinas - Ste 204 Carlabad CA 92009 ---..---.-- COMPAW 0 . - .- . .-..- L CQNTIWXOR‘S PRDT - -..- ” NO~COWNEDAWOS ” 1,ooo,oao 25,000 CARLEBAD EIJMICD?AL SX!?EZ& DZbJC. THE DISTBICT h THE CITP OF 5950 EL C- REA& CARLgaAD Ck 91008 -c3kmamD 01-26-1998 01:I”M P. 01 ~. -. .. _"_" ~~~ ~ ~~" ~ . ._. . -- - . - - - - .- - - . . . ". .. 0. 0 CUY OF CARLS5AD INFOmXON SHEET FOR BUSINESS LICENSE RENEWAL WfIACEMEM7 FOR LOST FORM) TYPE OF WSINES FLAT FEE ,m.- - 0 0 PENALTY FEE {PAST WE So DAYS , 25%. 90 DAYS = So%) ; d5"ad TOTAL - ".os ! a& - I-zb-clg c. DATE -. Ar;r. mmy P P.Glru?RE 01-26-1998 11:15fW 7604348164 P. .." - - -. "-" .*"'..-."LC. "e -"A4 1U.CI.U -&as -11a rcIHiLi Sd .. k+w.r-.'. ". . .. .. .A . - - ~ .. SdQ Ca 7 ifornia OFflCE OF THE SECRETARY OF STATE p ~~ " I a2 I I, MARCH FUNG EU, Secret- of State of the State ! of California, hexeby certify: That the annexed transcript has been compared with the record an file in this office, of which it purports to be ! a cupy, and that same is full, true and correct, I I IN WXTUESS WHEmuR, 1 em!mxw &iS~band&tbe- SddtkS~d~tbEF SEP 2.9 ma w%L "- -e-- lu w *IT 88-14-1597 El4tsBR1 6242338115 -8 @A- P. 02 I" - " - - " "e .I Ius-. YYLk. "N. ".L """ "- ---- . . .. -. *e ,@ ENDORSED FILED SEP3 3 198t l.Ctw?97 I.Ikdmd*-.C" .It*-i6Rh.L, .. r, "tB~rroqrd#w rdholru prpr -s 08 3-a OF O'wCz a3amxMm. Doc. ONEr !?he nime of this corpoxatia ia WDay Cbrrsul", &a. TWO: The putpose of this corporatim io t~ eagage in any lawful act 01: activity for ubfch a corporation map bo ozganizd under the General Corpolratfoa sau af Califozaia other th~ tbe banking Mess, tba trust -y busiueaa, or the practloc of a profes:ariah pewit- to be incorpsrated by the Califeraia Corporati- Code. ! TBISBr The name md addrear in tM8 state of tb corpolcrt$on8 8 a- d initial agmt for senrim of process is: PatxicL 1p. O'pay 3lS bk~tb Clementhe Street dc-fik, California 92054 POtfRt Thi8 carpcation is ruthOrird to ism olrlp m Clam of sharea ef Etoclt which shalX bs &aignrrtd carma stock, *e tatal aurnber of shares it 18 autborizd to imue is 10 11000 abues. / nA!rgb: 9/z2/f/ mmxa nomum O'DES~, -9 D- X herekg blare tht 1 am tk persan ubo executed the foxegoin9 Articles af Ixacorporation, whicb execution ir rqy ask and deed. # 'u P=a lnm4aM 0". 86-14-1997 64: 39en 613233m 15 P. 83