HomeMy WebLinkAboutDaniel Boyle Engineering Inc; 1999-01-06;AGREEMENT
THIS AGREEMENT is made and entered into as of the sixth day of
January , 1999, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and
DANIEL BOYLE ENGINEERING, INC., a California corporation hereinafter referred to
as “Contractor.”
RECITALS
City requires the services of an enqineerinq Contractor to provide the necessary
enaineerina desian services for preparation of overall oroiect manaaement and
supervision for the desian and preparation of contract documents, plans and
specifications for construction of the sanitarv sewer 12-inch (12”) diameter pipeline, in
Faradav Avenue from Cannon Road to the existinq terminus of Faradav Avenue,
CMWD Proiect 88-602; District requires the services of an enaineerinq Contractor to
provide the necessary enqineerina desian services for preparation of overall proiect
manaaement and supervision for the desiqn and preparation of contract documents,
plans and specifications for construction of the potable water g-inch (8”) diameter
pipeline and recvcled water 12-inch (12”) diameter pipeline. in Faradav Avenue from
Cannon Road to t& existina terminus of Faradav Avenue. CMWD Proiect 88-602; and
Contractor possesses the necessary skills and qualifications to provide the services
required by the City and the District;
1 rev. 08/l 7198
CMWD Proj. No. 88-602
Council Proj. No. 35931
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”.
2. CITY OBLIGATIONS
The City shall provide go-percent (90%) complete AutoCAD Files for Faraday
Avenue Street Improvement Plans.
The District shall provide all reports and supplemental information available
regarding Faraday Avenue Street Improvements, hydraulic design criteria, and plans on
the existing facilities to the connected to for water, recycled water and sewer pipelines.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City Engineer or designee and be completed within one
hundred eiahtv (180) [w&&g/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 amount payable for the services to be performed is not to exceed
$63.600. No other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City
2 rev. 08/l 7198
reserves the right to withhold a ten percent (10%) retention until the project has been
accepted by the City and the District.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one hundred eiahtv (180) davs from
date thereof. The contract may be extended by the City Manager/Executive Manager
for one (1) additional one (1) year periods or parts thereof, based upon a review of
satisfactory performance and the City’s and the District’s needs. The parties shall
prepare extensions in writing indicating 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 fifteen (15) days of completion and approval of the District Enqineer the
Contractor shall deliver to the City the following items:
Plans and Specifications to construct the pipelines by a public works contractor.
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 thatc a
change in the conditions of the contract is warranted, the Contractor, the City o? the
District may request a change in contract. Such changes shall be processed by the
,
3 rev. 08/l 7198
City in the following manner: A letter outlining the required changes shall be forwarded
to the City/District by Contractor to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A Standard Amendment
to Agreement shall be prepared by the City and the District and approved by the City
and the District according to the procedures described in Carlsbad Municipal Code
Section 3.28.172. Such Amendment to Agreement shall not render ineffective or
invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City or the District shall have the right to annul this agreement without liability, or, in
its discretion, to deduct from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or
contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
rev. 08/l 7198
as provided for in this contract, the City Manager/Executive Manager may terminate this
contract for nonperformance by notifying the Contractor by certified mail of the
termination of the Contractor. The Contractor, thereupon, has five (5) working days to
deliver said documents owned by the City and the District and all work in progress to
the District Enaineer. The District Enaineer 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 product
and put same in order for proper filing and closing and deliver said product to City or
the District. In the event of termination, the Contractor shall be paid for work performed
to the termination date; however, the total shall not exceed the lump sum fee payable
under paragraph 4. The City Manager/Executive Manager shall make the final
determination as to the portions of tasks completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City or the District
must be asserted as part of the contract process as set forth in this agreement and not
in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City or the District, it may be considered fraud
and the Contractor may be subject to criminal prosecution. The Contractor
5 rev. 08/l 7/98
acknowledges that California Government Code sections 12650 et seq., the False
Claims Act, provides for civil penalties where a person knowingly submits a false claim
to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of information. If
the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject
the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented to act as a Contractor on any public work or improvement for a period of
up to five years. The Contractor acknowledges debarment by another jurisdiction is
grounds for the City of Carlsbad or the Carlsbad Municipal Water District to disqualify .
the Contractor from the selection process. (Initial) k)89
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.
QC% (Initial)
13. 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.
rev. 08/l 7198
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 its employees
or subcontractors. The City and the District shall not be required to pay any workers’
compensation insurance or unemployment contributions on behalf of the Contractor or
its employees or subcontractors. The Contractor agrees to indemnify the City and the
District within 30 days for any tax, retirement contribution, social security, overtime
payment, unemployment payment or workers’ compensation payment which the City
and the District may be required to make on behalf of the Contractor or any employee
or subcontractor of the Contractor for work done under this agreement or such
indemnification amount may be deducted by the City and the District from any balance
owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
14. 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
7 rev. 08/l 7198
C
agencies.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City and the District, whether the work for which they
are made be executed or not. In the event this contract is terminated, all documents,
plans, specifications, drawings, reports, and studies shall be delivered forthwith to the
City or the District. Contractor shall have the right to make one (1) copy of the plans for
its records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and District and hereby agrees to
relinquish all claims to such copyrights in favor of City and District.
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and the
Carlsbad Municipal Water District and its officers, officials, employees and volunteers
from and against all claims, damages, losses and expenses 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.
18. 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.
8 rev. 08/I 7198
19. 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.
20. PROHIBITED INTEREST
No official of the City or the District who is authorized in such capacity on behalf
of the City or the District to negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of this agreement, shall become directly or
indirectly interested personally in this contract or in any part thereof. No officer or
employee of the City or the District who is authorized in such capacity and on behalf of
the City or the District to exercise any executive, supervisory, or similar functions in
connection with the performance of this contract shall become directly or indirectly
interested personally in this contract or any part thereof.
21. 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
rev. 08/I 7198
‘
.
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.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, “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.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
25. 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
10 rev. 08/I 7198
.-
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-V and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/General
Counsel or City Manager/Executive Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City/District). $1 ,OOO,OOO combined single-limit per accident
for bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
11 rev. 08/I 7198
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City and the Carlsbad Municipal Water District shall be named
as additional insureds on all policies excluding Workers’ Compensation and
Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
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.
26. 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
12 rev. 08/l 7198
with the foregoing are as follows:
For City/District: Title
Name
Address
For Contractor: Title
Name
Address
William E. Plummer. P.E.. District Enaineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
Daniel B. Bovle. P.E., President
Daniel Bovle Enaineerinq. Inc.
3142 Vista Wav. Suite 303
Oceanside. California 92056
Architect/License Number:
Architect/License Number:
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
28. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Ill
Ill
Ill
13 rev. 08/I 7198
Executed by Contractor this day of
CONTRACTOR: DANIEL BOYLE ENGINEERING, INC.,
DANIEL B. BOYLE. P.E.. President
(print name/title)
By:
(sign here)
(print name/title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911,
ATTEST: n
ALETHA L. RAUTENKRANZ, Secretar))
(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
City y/General Counsel
BY +&&ant City Attorney/ As&&& General Counsel
f/W /Cf
CMWD 88-602
14 rev. 08/I 7198
STATE OF CALIFORNIA I
) ss.
COUNTYOF f-+=$- J
On I Z/I c.c.;?~ before me,
personally appeared ;d 6. &yk
JVAME(S) OF SIGNER(S)
F personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/b&their authorized capacity(i.es), and that by his/her&& signature(s) on the instrument the person@, or the entity
upon behalf of which the person(e) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 88-602
06114195 Rev.
- DANIEL BOW ENGINEERING, I..d
Civil Engineering Services
CERTIFIED RESOLUTION
OF
BOARD OF DIRECTORS
OF
DANIEL BOYLE ENGINEERING, INC.
I, Cathy A. Boyle, 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 15th day of May, 1995, 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 officers are 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:
Daniel B. Boyle; President
or
Thomas B. Hooker, Jr.; Vice-President
IN WITNESS WHEREOF, I have hereunto set my hand as of the 15th day of May, 1995.
23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 (714) 768-2600
-
r’ DANIEL BOYLd ENGINEERING, Id.
’ Civil Engineering Services
EXHIBIT “A”
CARLSBAD MUNICIPAL WATER DISTRICT November 13, 1998
5950 El Camino Real I. . . . . Carlsbad, CA 92008 --T 2,. L. :: 1. .,.
Attention: Mr. William E. Plummer, P.E.
District Engineer
Carlsbad Municipal Water District
Faraday Avenue Water, Recycled Water and Sewer Pipelines
Cannon Road to Existing Terminus of Faraday Avenue
This proposal supercedes our November 6, 1998 proposal for the subject project. We have evaluated
our original January 12, 1998 proposal and have obtained information in connection with the current
proposed alignment for Faraday Avenue and the length of the proposed pipelines. Furthermore, we
understand that the potable water transmission main is to be reduced in size from 1Zinches to
S-inches in diameter.
Based upon the above, our proposed revised Scope of Work, Estimated Manhours and Fee is as
follows:
SCOPE OF WORK
1. Overall project management and supervision.
2. Collect AutoCAD files for Faraday Avenue from the City or CMWD
and prepare base sheets to be used for the pipeline plan and profile
construction plans (5 sheets).
3. Design and preparation of the plan and profile construction plans for
the potable water S-inch diameter pipeline (5 sheets).
4. Design and preparation of the plan and profile construction plans for
the recycled water 12-inch diameter pipeline (5 sheets).
5. Design and preparation of the plan and profile construction plans for
the sanitary sewer 12-inch diameter pipeline (5 sheets).
ESTIMATED MANHOTJR$“’
la sz
10 8 --
3 10 15
3 80 80
3 80 80
3 86 86
3 142 Vista Way, Suite 303 Oceanside, CA 92056 (760) 433-87 10 FAX (760) 433-9709 www.dboyle-eng.com
-
CMWD - Faraday Avenue Water, Recycled Water and Sewer Pipelines Revised Proposal - 1 l/13/98 - Page 2
ESTIMATED MANHOURS(‘)
SCOPE OF WOIzK
6. Preparation of title sheet and general information sheets (3 each).
7. Preparation of detail sheets (5 each).
8. Preparation of Contract Documents and Construction Specifications.
9. Submittals to District Staff for review and comments at the 70, 90
and lOOpercent completion stages.
10. After receipt of all District comments on the lOOpercent submittal,
prepare and submit final signed and sealed Contract Documents,
Specifications, Construction Plans and Engineer’s Opinion of
Construction Cost.
11. Miscellaneous meetings with District Staff throughout the course of
design and preparation of the plans and specifications.
TOTAL ESTIMATED MANHOURS
In-House Fee
Allowance for Outside Reproduction
TOTAL PROPOSED F’EE
(‘) LEGEND
ME = Managing Engineer
SE = Senior Engineer
SUP = support staff
ME
3
2
2
2
4
-
35
$62,235
1.365
$63.600
SE s!JI!
6 18
40 30
30 --
12 20
20 20
35 --
407 349
We propose to provide professional engineering services as stated in the Scope of Work above for
a not-to-exceed fee of $63,600 unless the Scope of Work is expanded. We will bill monthly for
services provided with each invoice computed on the basis of our Standard Hourly Rates dated
January 1, 1999, copy attached.
In accordance with our conversation with you on November 12, 1998, we understand that the City
of Carlsbad has now accelerated the schedule for the design and construction of Faraday Avenue from
what we were previously informed by the City. Therefore, our proposed schedule for design and
preparation of the plans and specifications for the District’s subject project is as follows:
A
,
CMWD - Faraday Avenue Water, Recycled Water and Sewer Pipelines Revised Proposal - 1 l/13/98 - Page 3
1. Receipt of 90-Percent Complete AutoCAD Files for Faraday
Avenue Street Improvement Plans and Notice To Proceed
2. Submit 70-Percent Plans and Specifications for District
Review
3. Receipt of District Comments on 70-Percent Submittal
4. Submit 90-Percent Plans and Specifications for District
Review
5. Receipt of District Comments on 90-Percent Submittal
6. Submit loo-Percent Plans and Specifications for District
Review
7. Receipt of District Comments on go-Percent Submittal
8. Submit Final Signed and Sealed Plans and Specifications for
Bidding and Construction
If you require further information, please do not hesitate to call.
Daniel B. Boyle, P.E.
President
DBB:lam
Encl.
B99-197-01
REV-FARADAYps
January 4,1999
February 22, 1999
March 51999
March 29, 1999
April 2,1999
April 9, 1999
April 23, 1999
May 3, 1999
- A
HOURLY RATE SCHEDULE
FOR SERVICES BY
DANIEL BOYLE ENGINEERING, INC.
January 1, 1999
CJ ,ASSIFICATION
Managing Engineer
Principal Engineer
Senior Engineer II
Senior Engineer I
Senior Engineer
Associate Engineer II
Associate Engineer I
Senior Assistant Engineer
Assistant Engineer II
Assistant Engineer I
Construction Representative
CAD Specialist
Senior Designer
Designer
CAD / Drafter II
CAD / Drafter I
Intern / Aide
Other Supplies and Outside Services
$125.00 an hour
119.00 an hour
101.00 an hour
95.00 an hour
88.00 an hour
81.00 an hour
74.00 an hour
72.00 an hour
65.00 an hour
59.00 an hour
68.00 an hour
68.00 an hour
63 .OO an hour
55.00 an hour
48.00 an hour
41.00 an hour
34.00 an hour
Actual Cost Plus 15%
It is understood and agreed that the aforementioned rates and charges include all normal clerical and
stenographic services, auto travel, equipment and materials used in connection with the production
of the required engineering services. Monthly billings will be fimished for all services rendered.
Payments shall be due and payable upon presentation of invoices.
Subject to general revision January 1, 2000.
&@R,.:;;:CERTIFICA~~ OF: INSURANCE - .: : :: :: :..1: !‘-- - : .: : ; ;j; . . ‘. :. . . . . . . . . . . . . ‘.j
@bwu& .:.... .;, :. : 12/x/98
THIS Ct&TWCATE IS ISSUED AS A YAllER OF INFORMATIDN ONLY AND
CONFERS ND RICWTS UFDN TNB CERTIFICATE HOLDER THIS CERIJRCA~ DOES NOT ANEND, EXTEND OR ALTER THE COVERME AFFORDED BY THE
- FoLlclE.s BELDW. ARIS INS SERVICES 2101 BUSINESS CTR DR #230 COMPANIES AFFORDING COVERAGE __............ . . . -.-- .-- . . . . . . . . . . . . . . . . . . . . -. ,. .._ IRVINE CA 92612 -fgg A ZURICH INSURANCE CO ._,_ ..,___,,_,
__.____.__.___....._...............,............... I ._.__,_..__......,.................,...........,.......,...............,..,.. : :-&B ZURICH INSURANCE CO. . . . . . . .._..._....._.__........................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DANIEL BOYLE . . .._____..,_,_,,___. _,
ENGINEERING INC -fggy c
23231 S POINTE DR #103 LAGUNAHILLS CA 92653 -a D AMERICAN GUARANTEE ..___......_... _...... ._...._..._.......,..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._,. __,___,,,,__,_,_,,.,_
-a E
. . . . . . . . . ..\...._... . . . . .._,..,.__...... .._.__._... ._...... :.i :-, ,. .;...;.-‘j-.,; ;; ;.::. ..- ..-‘.;:-i:;-:I,:,~~~~:_;:..:i:;.;i:~:ij:;,.:’~~,i:~~~;,. ‘:;;‘;>j:;< y:;j
M&FA& ERTFY THAT TM PDIJCIES OF INSURANCE USTED BELOW HAVE BEEN SSUED TO M MURED NAMED ABOVE FOR T)Q PWCY PERU , -TANDlNQ ANY RMUIREMEM, TERM OR COND~ONOFANYCON~MC~ORQTWERDODUMENTW~THRESPECTTO~H~ CERTlFlCATEYAYBE~~DORMAYPERT~,mwsU~~BY~PoUClEs~ DcaAJsloNBAND- HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POIJCJES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD Cl&MS. .-.-..:........ _ . . ..__...__.._____..................................... I __.._,__.___..._.__................................................ I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~..~.~.~.‘.~~~..~.~.~.....................~..........~...............,....,........~~~~,~~,,~~~~,~,~~
Wi pi mP606RlmAMw - PoucYl6m66m ~mueY6Rwclw6mueY6I6wmm. :Ml6@mam+w):6AT6cwcwv): ImR6
i 03411254101 646N6Ruw: :‘~~~~~~~~ i--:x r-: ",.~..~..~<.." ......... . :. ....... .' : itnwwr66-*PFloY~ :. ......... :. ........ I ...................................................... <
~AAlmwwmluuIw :, ........ : 03411254101 : ~ARYAum 1.. ....... i :MlowwAulw .......... i
i ‘i66lU5UOm6 p .. ..... .: : X’lw?wAum$ :. ....... . : xlwonovmeDlrurrw I : ......... i iorJuoEwurv i .........
: :
j12/01/98 12/01/99 ia=fw=+f=~= .............................................. rr2 000 000 . ....... i.. I ............. I ............... : PROWCTSCOUPlW Mm. 82 000 000 :. ......................................................... . ............. . ............... :P6R6oNM6ADv.muw?Y -81 000 000 :. ................................................ . ........ L .. ........... . . ..............
??!Y?!.E.. 181 000 000 .................... I ............. I ............... :--E(Aym-) is1 000 000 . ............................................... ........ I .. .. . ....... I .. .............. ~LB).~wonrman)i~10,000 :12/01/98 12/01/99,;rm8HGuE &
1 000 000 ...... i.. .............................................. . .I.. ........... I ...............
~6OOLYWJURY it-P-@ :e
I6ODKYWRY :F-- .s
:PFKlPU?WWM66 :I
imrc666- :6AoHoceuRREFSCE I . . . . . . . . j ; . . 8 . . .._.___...................................... . . . . ..t...... __ ..____..._.._____......,.
1 i-Rnu i AQGRKiATE ‘I :... . . . . . .
i ;oln6R7NaN lM6RalAFDcu :
0. - w-ww?6wA~ : 2043344
Aw
-uM6.lw
.,_,.,._,Li,. .A.... -.., :/: ;::yy .: : i:: i.::: .: ,:.I. :. j 1: : :.... ..:..::‘.>:::.::. ,,:. . . . . . ; :: : g/ol/ga g/01/99 3 ; 6mnmfwu1l~s : .:.;;i:. l..:.::-.'ii:.,.~:..,.'.:'.'~
-6Aai- r1 000 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...' I ..__..._._._. 1. .,..__,.,,,,_
ol6EA66~YI6MT 81 000 000 I.. . . . . . .t . r. :---a-- r1,000,0001
I
WATER-RECYCLED WATER & SEWER PIPELINES-FARADAY AVENUE FROM CANNON ROAD TO EXISTING FARADAY AVENUE/DBEI JOB #C15-105-OO/SEE ATTACHED ENDORSEMENT
: :’ :.:I.: SNOULO ANY OF THE ASOYE DESCRIBED POUCIES BE CANCElLED
CARLSBAD MUNICIPAL WATER DIST
ATTN: RUTH FLETCHER 1200 CARLSBAD VILLAGE RD CARLSBAD CA 92008
,. . . . . . . . . . . .:‘I .. : . . . . . . . . . SHERRY YOUNG
:.. BACORD:CDRFDRATKbN itil
Producer: ARIS
This endorsement, effective 12/16/98 forms a part of Policy Number 03411254101 issued to DANIEL BOYLE ENGINEERING INC by Zurich Insurance Company.
ADDITIONAL INSURED ENDORSEMENT SECTION II - LIABILITY INSURANCE
NAME OF ADDITIONAL DESCRIPTION OF INSURED PREMISES
THE CITY OF CARLSBAD AND ALL ENGINEERING CARLSBAD MUNICIPAL WATER DISTRICT SERVICES PERFORMED FOR. 1200 CARLSBAD VILLAGE ROAD ADDITIONAL INSURED CARLSBAD, CALIFORNIA 92008
**SEE ATTACHED FORM CG20091185**
Additional premium charged: NONE
r-m/ SHERRY YOUNG'FOR ARPS (Authorized Representative)
ARIS: Y Issued: 12/16/98
r -
l - POLJCY NUMBER: C - IMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES or \ CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABlLrrY COVERAGE PART.
SCHEDULE
Name of Person or Organizatlon (Additional Insured): Location of
Covered Operations
Bodily Injury and Property Damage Liability
Premium Basis
cost
Rates (Per $1000 of cost)
Advance Premium
$
Total Advance Premium $
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called “additional insured”) shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s) at the site of the
A. “Your work” for the additional insured(s) at covered operations has been com-
the location.designated above, or pleted; or
6. Acts or omissions of the additional insured(s) (b) That portion of “your work” out of
in connection with their general supervision which the injury or damage arises has
of “your work” at the location shown in the been put to its intended use by any
Schedule. person or organization other than an-
2. other contractor or subcontractor With respect to the insurance aff o&d these addi- tional insureds, the following additional provisions engaged in performing operations for a orincioal as a part of the same afwb: afwb:
A. None of the exclusions under Coverage A, A. None of the exclusions under Coverage A, except exclusions (a), (d), (e), (f), (h2), (0. except exclusions (a), (d), (e), (f), (h2), (0. and (m). apply to this insurance. and (m). apply to this insurance.
B. Additional Exclusions. This insurance does not appty to:
(1) “Bodily injury” or “property damage” for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement.
(2) “Bodily injury” or “property damage” occurring after:
project. ’ .
(3) “Bodily injury” or “property damage” arising out of any act or omission of the additional insured(s) or any of their em- ployees, other than the general supervi- sion of work performed for the additional insured(s) by you.
(4) “Property damage” to:
(a) Property owned, used or occupied by or rented to the additional insured(s);
(b) Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or
(c) “Your work” for the additional in- sured(s).
CG20091185 Copyright, Insurance services Office, Inc.. 1984 0
. _ .
EMERGENCY CONTACTS L I CENSE REST,?ICTXON: NONE
LAGUNA BEACH, CA ,
DANIEL BOYLE ENGINEERING, INC.
23231 SOUTH POINTE DR tt 03
LAGUNA HILLS, CA
FEE-SCi-lElJULE PB
IAGE DA.. CAALSEAII. CA 92008
DANIEL BOYLE ENGINEERING, Ilk.
3142 VISTA WJ #303 LICENSE MUST BE POSTED ON
OCEANSIDE, CA 92,056 760-433-8710 BUSINESS PREMISES.
TO CdNDlJCT%%-(iUSlN:E?SS CLASSIFICATION):
ENGINEERING SERVICES
BLiSlNESS j&S (DBA;.f$EjlQJESS NAME): . ..-.-.. IF YOU CHANCE LOCATION OR CEASE
DANIEL BOYLE ENGINEERING, INC. OPERATKON.
LOCATED AT (BUSINESS LOCATION):
3142 VISTA WY #303
OCEANSIDE, CA 92056
- -
City of Carlsbad
February 2,1999
Daniel Boyle Engineering
Mr. D. B. Boyle, President
3142 Vista Way, Suite 303
Oceanside, CA 92056
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,027 and Resolution No. 99-34 and Resolution No. 1040. These
documents went before the City Council, and the Carlsbad Municipal Water
District Board, on January 26, 1999, when the resolutions were adopted,
approving the above referenced agreement with your company.
Also enclosed for your reference, is a fully executed copy of the signed
agreement.
If you have any questions regarding your project, please call William Plummer,
at the CMWD Engineering Department. He can be reached at 1760) 438-2722
ext. 7126.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-7989 * (760) 434-2808 @