HomeMy WebLinkAbout1998-02-10; Municipal Water District; 403; Cannon Road Water Transmission Mains Phase IIfi > B CI %
. .
p
Y
2
s m
9B# 543
IIITG. 02/l 0198
IEPT. CMWD
CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
TITLE: TO APPROVE AN AGREEMENT WITH
O’DAY CONSULTANTS TO PROVIDE
ENGINEERING SERVICES ON CANNON ROAD
RECYCLED WATER AND POTABLE WATER
TRANSMISSION MAINS PHASE II,
CMWD PROJECT NO. 88-602.35341
DEPT. HD.
CITY ATTY.
CITY MGR. .
RECOMMENDED ACTION:
Adopt Resolution No. 4 88 ?7 to approve an agreement with O’Day Consultants to provide
engineering services for the Cannon Road Recycled Water and Potable Water Transmission
Mains Phase II, CMWD Project No. 88-602, 35341.
ITEM EXPLANATION:
The project involves engineering design services to prepare plans and specifications for a
recycled water and a potable water transmission main and an interceptor sewer pipeline.
The proposed recycled water transmission main consists of approximately 7,070 lineal feet of
24-inch diameter CML&C steel pipeline along the future Cannon Road from Lego Drive, east
to El Camino Real, plus 960-feet of parallel 16-inch diameter pipeline in the Macario Canyon
Bridge. The pipeline connects to an existing 20-inch diameter pipeline at Lego Drive and to
an existing 20-inch diameter pipeline in El Camino Real. This pipeline extends recycled
water along Cannon Road from Lego Drive to El Camino Real for irrigation.
The proposed potable water pipeline includes 7,550 lineal feet of 16-inch diameter pipeline.
It connects to an existing 12-inch diameter pipeline at Lego Drive and to an existing 36-inch
diameter pipeline at El Camino Real. This pipeline will provide potable water for proposed
developments along Cannon Road.
The proposed interceptor sewer consists of approximately 3,800 lineal feet of 24-inch
diameter and 1,400 lineal feet of 15inch diameter pipeline along the future Cannon Road
from Lego Drive, east to El Camino Real. The 24-inch pipeline includes Reach SAHI and
SAH2 of the South Agua Hedionda Interceptor Sewer. The 15-inch sewer includes Reach
SAHT3B.
The recycled water and potable water design portion of the project is being presented to the
Board of Directors for review and approval. The interceptor sewer portion is being presented
to the City Council for review and approval. The agreement for professional services is a
three party agreement between the Contractor, the Carlsbad Municipal Water District and the
City of Carlsbad
Proposals to prepare plans and specifications were received from Daniel Boyle Engineering,
Inc. and O’Day Consultants. District staff reviewed the proposals received and selected the
firm of O’Day Consultants as the most responsive in meeting the objectives of the design
phase.
c ’ Page 2 of Agenda Bill ho. G.3
FISCAL IMPACT:
The recycled water and potable water transmission mains are separated into two phases.
Phase I is to be designed by Daniel Boyle Engineering, Inc. and Phase II is to be designed
by O’Day Consultants. The O’Day consultants agreement is under a separate agenda bill.
The Phase I potable water pipeline was completed by the Carlsbad Ranch Development.
The combined cost for Phase I and Phase II is shown below:
Funds in the amount of $1,278,000 have been appropriated in the 1997-98 Water
Distribution System Budget for the Cannon Road Transmission Main. Therefore, there are
sufficient funds available for this project.
ENVIRONMENTAL REVIEW:
The potential impacts of the proposed actions were already evaluated in previous
environmental documents, Kelly Ranch EIR 83-04 and Cannon Road (Reach 2) Mitigated
Negative Declaration EIA 96-02 and Cannon Road (Reach 1) EIR 87-2 . The proposal is,
therefore, within the scope of the prior environmental document, and no new environmental
documentation nor Public Resources Code 21081 findings are required. All feasible
mitigation measures identified in the previous EIR 83-04, EIA 96-02 and EIR 87-2, which are
appropriate to this proposal have been incorporated into the project. A Notice of Prior
Environmental Compliance will be issued upon project approval.
EXHIBITS:
1. Location Map Cannon Road Recycled Water and Potable Water Transmission Mains
Phase II, CMWD Project No. 88-602.
2. Professional Services Agreement between O’Day Consultants and Carlsbad Municipal
Water District.
3. Resolution No. // u07 to approve an agreement with O’Day Consultants to provide
engineering services for Cannon Road Recycled Water and Potable Water Transmissions
Phase II, CMWD Project No. 88-602, 35341.
.
3
,
.
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
RESOLUTION NO. 1,007
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE CARLSBAD MUNICIPAL WATER DISTRICT OF
CARLSBAD, CALIFORNIA, TO APPROVE AN
AGREEMENT WITH O’DAY CONSULTANTS TO PROVIDE
ENGINEERING SERVICES ON CANNON ROAD
RECYCLED WATER AND POTABLE WATER
TRANSMISSION MAINS PHASE II, CMWD PROJECT NO.
88-602. 35341
WHEREAS, Requests for Proposals were requested to provide the necessary
civil design services for preparation of design plans and specifications for Cannon Road
Recycled Water and Potable Water Transmission Mains Phase II, CMWD Project No.
88-602; and Reach SAHI, SAH2 and SAHT3B of the South Agua Hedionda Interceptor
Sewer, CMWD Project No. 92-406; 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 Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, has determined it necessary and in the public interest for approval
and acceptance of a proposal from O’Day Consultants, Inc. to design plans and
specifications for Cannon Road Recycled Water and Potable Water Transmission
Mains Phase II, CMWD Project No. 88-602; and
WHEREAS, funds appropriated in the amount of $1,278,000 have been
appropriated in the 1997-98 budget for the Cannon Road Transmission Main, and the
project cost estimated for the civil design services for the Cannon Road Recycled Water
and Potable Water Transmission Mains Phase II, CMWD Project No. 88-602, 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
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Carlsbad Municipal Water District, 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 President, as representative of the Carlsbad Municipal Water
District, 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 special meeting of the Board of
Directors of the Carlsbad Municipal Water District of Carlsbad, California, held on
10th day of February , 1998, by the following vote to wit:
AYES: Commissioners Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
Al-l-EST:
4 /(,* .
ALETHA L. RAUTENKRANZ, Secrefary
(SEAL)
AGREEMENT
-
THIS AGREEMENT is ‘made and entered into as of the /fi ‘4 ’ day of
Feb rnAfc/ , 19%, 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 enaineerina design Contractor to provide the .
necessary enaineerinq services for preparation of Reach SAHl. SAH2 AND SAH3B of
the aua Hedionda Interceptor Sewer. CMWD Proiect No. 92-406; and District Sou th A
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 ExhibitwAn.)
rev. 01/l 3198
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 (10) 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 CONTRACTOq
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 withhofd a ten percent (10%) retention until the project has been accepted by
the City and the District.
rev. 01 /I 3198
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 Manager/Executive Manager for one (I)
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 L .
Within five (51 days of completion and approval of the pm
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. CHANGESK
If, in the course of the contract, changes seem merited by the Contractor, the
City or the District, and informal consultations with the other party indicate that a
change in the conditions of the contract is warranted, the Contractor, the City or the
District may request a change in contract. Such changes shall be processed by the
City in the following manner. A letter outlining the required changes shall be forwarded -. .
to the City/District by Contractor to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. A Standard Amendment
3 rev. 01 /13/98
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
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 consideratiop 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. CLAUSE, NONDISCRIMINATION
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
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/l 3198
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 Cii 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. 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. 01/13/98
_-
‘.
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 (10) 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
Manager/Executive 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 them .
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 Carisbad Municipal Water District seeks to recover penalties
6 rev. 01 /I 3/98
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 Carisbad or the Carlsbad Municipal Water
the Contractor from the selection process.
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
.
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 his/her
7 rev. 01 II 3198
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 his/her employees or subcontractors. The Contractor agrees to indemnify
the City and the District within 30 days for any tax, retirement contribution, social
securii, 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. 01/13/98
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
his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and District and hereby agrees to .
relinquish all claims to such copyrights in favor of City and District.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City 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, except where caused by the active negligence,
sole negligence, or willfiil 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. 01 /I 3198
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. PROHIBkTED 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 3198
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. CONFCtCT 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 /13/98
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-W” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/General
Counsel or City Manager/Executive Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
12 rev. 01/l 3/98
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. 6 .
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 Cansbad 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/l 3/98
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/l 3198
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
For Contractor:
with the foregoing are as follows:
For City/District: Title William E. Plummer. District Enaineer
Name Carlsbad Municioal Water District
Address 5950 El Camino Real
Carlsbad. California 92008
Tile
Name
Address
Patrick N. O’Dav. President .
O’Dav Consultants
2320 Camino Vida Roble. Suite B
Architect/License Number:
Architect/License Number:
28. BUSINESS LICENSE
Car&bad. California 92009
Rce 272 I e
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 Ii 3198
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 26th
CONTRACTOR:
O’DAY CONSULTANT
Patrick N. O'Day, President
(print name/title) ~
Patrick- N.O'Day, Secretary (print name/title)
ATTEST:
ALETHA L. RAtiTENKRANZ \
Al-TEST:
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 ey/General Coun
.
ey/k General Counsel
d- //-gz*
16 rev. 01/l 3/98
.
EXHIBIT "A-
DESIGN APPRGACH FOR WATER RECYCLED WATER AND SEWER IN CANNON ROAD
FROM
LEGODRIVETOELCAMINOREAL
Consultant has prepared roadway plans for the entire length of this project, including the water, recycled water, and sewer for the portion from Lego Drive to Pointe Avenuq and has prepared a
prehduy 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 not include resistivity and corrosion reports, so additional investigations are included in this
approach. New traflic control plans are neceswy onlyattheElCarninoRealinters&on,as traffic control for the intersection at Lego Drive is included in the existiq roadway plans, and the remainder of the roadway is new road with no need for construction trafIlc control. Utility
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: GeotecbnicaI conditions in this area in&de cut areas of Qnatermuy-aged Terrace
Deposits, Santiago Formation and compacted Bl. The section from Lego Drive to
Mac8rio Canyon has recfstly been graded with Leighton and Associates providing geotechnical services. The section f&n Macario Canyon to El Camino Real has previouily beeh rough-graded underthe -observation and testing of others-and Leightonand~hasreviewcdtheAs-Graded~~reportforthis
area Cons&ant will review the ehting. ge&&nkal reports and provide a
summaryofthesu~conditions,aadwitlmakeboringsof5.to1Ofeetin
depth at roughly 500 &tot spacings to evah@e engker@&mcte&ics of the
soits along the digment and the chemiad ch8f8cteristics ofthe soils. Laboratory testing will in&de an evaluation of the soils chemical characteristics and pertinent engineermgproputies. SomeofthesoilswithintheCarl&adareahavebeen
found to have 8 high potential for causing corrosion of buried metal conduits. In additioa,ateasofsoilthathavebanutilized~ragri~~sesorthe ~areaswhichdrain~omagriculturatareassometimeshavesoilswithhigh
sdfkte of chloride concentrations. This can result in deterioration of concrete if
,nat pro- planned t5r. The proposed geotechnical investigation will include a suite of tests to evaluate the chemical characteristics of the soils within the
proposed alignments. These tests will include determination of the soil pH,
minimum rcdivi@ soluble sulfate content, and chloride comxmrations. The
geotechnkal report will present the results of these findings and provide
appropriate r ecxmmdations to be utihzed in the design process. If highly
corrosive soils sre identified, one of the recommendations may be to enlist the senkes of a corrosion engineer.
Design Approach Lego Drive
Page2of3
scope lx:
ScopeIII:
scope Iv:
scope v:
scope VI:
Pothoiiq
Coxmltant will pothole to expose the existing tieI lines, belonging to Santa Fe and Pacific~inElCaminoRealand~~tolocatethatlinehorizoatallyand
vertically, limited to one day of backhoe with operator and one day of surveying
crew.
EngineeringDrawiqs.
Consuhant will prepare plans for approximatelyz 7,550 lineal feet of K-inch diameter we, 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 1,4@I lineal &et of
l6-inchdisrmetasewer~om~DrivetoEtC~Reas,inchiding~bridge
crossings ofthe Mati0 Canyon and the AguaH+ionda Creek Channel. -!
Bridge plan wisions.
A Revision to the Ma&o Canyon Bridge plans to accommodate two Winch diameter recycled water pipelines and one 16inch diameter water pipetine.
B. Revision to the Agua Hedionda Channel Bridge plans to: provide cantilever widening of the bridge deck for Winch water and 24-inch recycki water
~,andtowidenthespacingof~pilingstosix~toacconmrodatea
42~inch sted casing for the 30-inch sewer main The redesign is made complex astbebridgeisonacuwesothatthepilingsczumotbcun%xmiywidened.
-,a<: .A&-: S -g :-- Y -Fe * L. : ..A+ :l$i “&;.y:: .-=; ~~..l;.: 5 .; ,. ‘“* __ ce .*w- provisions to the cii bid specs- using
chidra:w tiomplter dish ofboilerplate specifwons. c- .&‘. .. *-
.-
I
iii
--o s
a 5
ecu t5
.
.
_-
STATE OF CALIFORNIA
COUNTY OF San Diego
I
lss.
I
On l-26-98
DATE
before me, Cathlynn E. Aguirre,i;:lWtary Public
NAME AND TITLE OF OFFICER
personally appeared Patrick I. O'Day NAME(S) OF SIGNER(S)
personally known to me - to be the person@ whose name(t)
is/are subscribed to the within instrument and acknowledged to me that he./- execut& the same in hi-
authorized capaci&(ii), and that by his- signature(# on the instrument the person(a), or the entity upon behalf of
which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATUR&! OF N
Title or Type of Document
Date of Document undated
I Signer(s) other than named above Hone I
CMWD 88-802.92-406
06/l 4195 Rev.
tii/2W98 wfl 12:21 FAX
TeasI- Inm.wance AgQncy, Inc Liaenacc #OS25511 5950 Baltbore Pr. Suite ZOO ta MQsa CA 91942
‘l’EihcibE LIYSCIKhPtCE hG%Ck
!iNtnw?aYF ~NLONFERS NONIGHTS UPONtclEC ___.I.____ CeRTlRcATe me3 NOT AMEax EX-IFNO on rtm tia cDvEMOEAmmDlb BY T)(E POUCIS BJTLCNU-
CONPJiNNN NFORWSi--Aar -F--P.--
Q'Day dasrmltante, Inc. 7220 Apeal& Wcinas - Stm 204 Carlabad CIi 92009
THIS IS TO CSRTIFY MAT THE PUJCES OF ~N~u~IANCE U$TEO BELMly I+
U@=--, NOTWITWTANOI’N ANY REQURGMENT. l-U#N DR CONOITID cERT*IcATE ‘M-l 6E SSUNI OR NAY IQRTAIN, -nil! lNamANcE ARORC EXCLtJSK)NS AN0 coN0tl-l~ Of aa-4 POUCtN6. LMTS $MWN ‘JAY I 7--T’-‘-- W ml rfrcoc- FOLCV-
-laBull
C +a~WIwelu-~~ 'Ial'U6lfHk4SQl
cwNs~~occtln
-ACOKTlWX~PWl
-_---
-uulLm
a XNwNJm 27773168
MLDwwaTAurw
-Aurw
I IQw4lo6
x NoNawmDAwos
- -._--.
-uuurv 1 ANVAUTU
wa¶Bs-
UMEMWA FQlY
wlwRnuN-9MM
wD6usQ-TJmryD ,Eu-uA6luIr
J!?zzL P
.-’ 5::;7.<“.lrti :EeNIssuEa* cANYcoMrRA~ 8YlHEPouaa El’mNREWee -.-
11/2s/97
01/w/97
09/01/97
01/08/98
--. -..-. -- r---..-__I
11/25/¶8
m/as/99 CsIi
I
1,ooo.ooo
DltwfiT 25,000
CsRLSUUDMDMlCZRALWA!PJmDZSY. -DUAW*M--WuF1
TREDISTRXCT&PBIICIT?OI
5950 Et caaum llpeAt CARLSB&D CA 92008
m-26-1996 E31:im
UIUI LL rru LlVll ,J’IJ Ul,l VI ~III,&AJIrJ I ~IUll1bL 1*u, 1lb. I VLYJ~VAV’~
.
48 u1 .-
.
INFORMNlON SHEET FOR BJSINESS LICXNSE RENEWAL
(REPLACEhEM FOR LOST FORM)
I-WfI OF BUSINESS e. 0 fJ SYL72$5
FLATFEE ,673.. 0 0
PEbIALw FEE (PAST DUE 80 DA’Ys= 25%. 90 DAYS = 60%)
I-2b-q’fi
DATE
01-26-1998 11:15al P.O1
I, MMCH FCUVG EW, Secretary of State of the State
OfCaH~b~~
That the mznemd transcxipt has been comp8Ad with
therecodoinflleinthbd6ce,dwhkhitpurparrts&bc ?
acupy,andlhats~isfu&trueandaxx43cL
.
IN w?TNEss WIirauio~, I -
SW” . SEP 2.9 ta
OFFICE OF THE SK=REW OF STATE
“fyJ.4 ,/L’.py lU(:ll I bO'Y41 -tlbUU .I--* l mY..m*“Yhb.“M I- .L -“-I.- -w- --em mu UJ . , . . . \ EFis?iED 1.mo97 b 8y&* “s4-d wi
SW2 3 198t
alma Ttmnameof thi8sorpor~tbn i8O'Dry cmnulbt8, lao.
TWO: The purpose of this corporation ia to engage in any 1-1
act ot activity for ubich a corporation my bo organfzd under thr
O+nor81 Corporation &au af Califorah other thM the bank&q bkb8s-Ee
the trust capamy hsi”Hu, or tbo praotloe of a ptofesmion permitted to
be hcorporated by the Callford Cocporatlonm code. b . TBSBEr The name and addroar In tklr state of the oozporrtion’s
r-e- initial ageat for -0fprccesIl8t
-ggr$g’09 m street ckmamidc, California 92054
?OURt TM8 coqorition i8 ruthorired to islwe arsjl Qn8 glua 43f
sharcrrofstockuhichshallk&dgnfAedc~6t0ck, 'Ibrrtutal numbor
of shares It la autlaorird to imm A8 10,000 alures.
/
DA!PED: yY!ati?/ -5 P- RDmm O’Dm, D-
Iherdydeclar8tbatI ~~tbeper8aprr,wbsemsut~tbefnregoing Article8
of IlacorporatfG8, ublcb executien ir w act and deed, /
m-14-1997 04:3Ptl 6lmis P.03
February 19,1998
Patrick N. O’Day, President
O’Day Consultants
2320 Camino Vida Roble, Suite B
Carlsbad, CA 92009
RE: CMWD PROJECT NOS. 92-406 AND 88-602
Enclosed for your records are copies of the Carlsbad Municipal Water District Agenda Bill No. 403 and Resolution No. 1,007 approving Project No. 88-602.
Also enclosed are copies of Carlsbad City Council Agenda Bill No. 14,554 and
Resolution No. 98-37 which approved Project No. 92406. Additionally, you will
find a copy of the signed contract for both project number 88-602 and 92-406.
If you have specific questions regarding either of these projects you will need to
speak to Mr. William Plummer, Carlsbad Municipal Water District Engineer.
Mr. Plummer can be reached at (760) 438-2722.
‘,.? I .j ; wijcf? /
KATHLEEN D. SHOUP Y
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808 @