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HomeMy WebLinkAbout1998-02-10; Municipal Water District; 404; Cannon Road Recycled Water Transmission MainB B % % . . p 2 9 25 m CARLSBAD MUNICIPAL WATER DISTRICT - AGEN AB# ad&$& TITLE: TO APPROVE AN AGREEMENT WITH DANIEL MTG. 02/I 0198 BOYLE ENGINEERING, INC., TO PROVIDE ENGINEERING SERVICES ON CANNON ROAD DEPT. CMWD RECYCLED WATER TRANSMISSION MAIN PHASE I, CMWD PROJECT NO. 88-602,35341 CITYATTY. :- PR- CITY MGR- RECOMMENDED ACTION: Adopt Resolution No. < d&g to approve an agreement with Daniel Boyle Engineering, Inc., to provide engineering services for the Cannon Road Recycled Water Transmission Main Phase I, CMWD Project No. 88-602, 35341. ITEM EXPLANATION: The project involves engineering design services to prepare plans and specifications for a recycled water transmission main and a sewer pipeline. The proposed recycled water transmission main consists of approximately 2,620 lineal feet of 24-inch diameter CML&C steel pipeline along Cannon Road from Avenida Encinas, east to an existing 20-inch diameter pipeline installed at Car Country Drive. This pipeline extends recycled water to Interstate 5 for irrigation and to the Encina Power Plant site. The proposed sewer pipeline consists of approximately 1,580 lineal feet of a 24-inch diameter pipeline along Cannon Road from the Vista/Carlsbad Interceptor Sewer, at the AT&SF Railroad, east to the existing 24- inch diameter sewer installed at Car Country Drive. This sewer pipeline completes reach SAH4 of the South Agua Hedionda Interceptor Sewer. The recycled water design portion of the project is being presented to the Board of Directors for review and approval. The sewer design portion of the project 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 Daniel Boyle Engineering, Inc. as the most responsive in meeting the objectives of the design phase. FISCAL IMPACT: The recycled water transmission main is separated into two phases. Phase I is to be designed by Daniel Boyle Engineering, Inc. Phase II is in a separate agenda bill and is proposed to be designed by O’Day Consultants. A Phase I potable water pipeline was designed and constructed by Carlsbad Ranch. The combined cost for Phase I and Phase II is shown below: I Page 2 of Agenda Bill ho. 46 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 document, Carlsbad Ranch EIR 94-01. 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 94-01 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 Transmission Main Phase I, CMWD Project No. 88-602. 2. Professional Services Agreement between Daniel Boyle Engineering, Inc. and Carlsbad Municipal Water District. 3. Resolution No. /, u~B to approve an agreement with Daniel Boyle Engineering, Inc., to provide engineering services for South Agua Hedionda Interceptor Phase I, CMWD Project No. 88-602, 35341. 0 Z 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. 1,008 EXHIBIT 3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, TO APPROVE AND AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES ON CANNON ROAD RECYCLED WATER TRANSMISSION MAIN PHASE I, CMWD PROJECT NO. 88-602.35341 WHEREAS, Requests for Proposals were requested to provide the necessary civil design services for preparation of plans and specifications for Cannon Road Recycled Water Transmission Main Phase I, CMWD Project No. 88-602; and South Agua Hedionda Interceptor Phase I, CMWD Project No. 92-406; the latter to be presented to the City Council of the City of Carlsbad for review and approval, and responses were received from Daniel Boyle Engineering, Inc. and O’Day Consultants; and after review of the proposals, the staff recommended Daniel Boyle Engineering, Inc. based on an evaluation of their approach to the design; 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 Daniel Boyle Engineering, Inc. to design plans and specifications for Cannon Road Recycled Water Transmission Main Phase I, 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 Transmission Main Phase I, CMWD Project No. 88-602, is $23,435 for engineering services and $2,565 for contingencies, therefore, there are sufficient funds available for this project. 1 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the 2 Carlsbad Municipal Water District, Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 5 2. That the attached three party agreement between Daniel Boyle Engineering, 6 Inc., the City of Carlsbad, and the Carlsbad Municipal Water District be approved and 7 accepted; and 0 3. That the President, as representative of the Carlsbad Municipal Water 9 District, is authorized and directed to execute the proposed agreement between Daniel 10 Boyle Engineering, Inc., the City of Carlsbad and the Carlsbad Municipal Water District. 11 PASSED, APPROVED AND ADOPTED at a special meeting of the Board of 12 Directors of the Carlsbad Municipal Water District of Carlsbad, California, held on 13 10th 14 day of February , 1998, by the following vote to wit: Commissioners Lewis, Finnila, Nygaard, Kulchin and Hall 15 AYES: 16 NOES: None 17 ABSENT: None 18 19 20 21 ATTEST: I 22 23 ALETHA L. RAUT 24 25 (SEAL) 26 27 28 AGREEMENT THIS AGREEMENT is made and entered into as of the / 0 ” day of u, 19x, 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 Daniel , Bovle Enaineerina. Inc. , hereinafter referred to as “Contractor.” RECITALS City requires the services of an enaineerina desian Contractor’ to provide the .! necessary enaineerinq services for preparation of Reach SAH4 South Aaua Hedionde lnterceotor Sewer lmorovement Plans, and District requires the services of a enaineerina desian Contractor to provide the necessary enaineerinq services for preparation of Cannon Road Recvcled Water Transmission Main Phase I Improvement Plans; 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. I CONTRACTOR S 0 BLIGATIONS (See attached Exhibit “A”.) rev. 01 /I 3198 2. CITY OBLIGATIONS The City shall provide all existing street improvement 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 contracts 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 . seventv (701 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 CONTRACTO@ The total fee payable for the services to be performed shall be $46.870. 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. 01113198 5. DURATION OF CONTRACT This agreement shall extend for a period of thirty (30) 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. . Within five (5) days of completion and approval of the plans and soecifications for the design services the Contractor shall deliver to the City the following items: 1. One set of original mylar-s 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 er, 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 3 rev. 01 I1 3198 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 Cadsbad 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. h 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 4 rev. 01 /13/98 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 Engineer. 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 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 iart of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor 5 rev. 01/l 3198 or the City Engineer or designee. A copy of such documented dispute shall be 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 6 rev. 01113198 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. BpA (Initial) The provisions of Carlsbad Municipal Code sections 3.32.625, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. ! . 045 (Initial) 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 7 rev. 01 /13/98 make any federal or state tax withholdings on behalf of the Contractor or his/her 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 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 C*ky,and the District from any balance owing to the Contractor. 6 . 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. 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 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. 01 /13/98 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 /13/98 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 /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-: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. Coveraaes 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 Contractots 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 $l,OOO,OOO 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 Liabiljity 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 with the foregoing are as follows: For City/District: Tile Name Address For Contractor: Title Name Address Architect/License Number: _ William E. Plummer. P.E.. District Enaineer Carlsbad MUniCioal Water District 5950 Carlsbad. California 92008 Daniel Bovle. P.E.. President Daniel Bovle Enaineerina. Inc. I . 2 314 Vi ta W Oceanside. California 92056 c NtAG Architect/License Number: 20. 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 I1 3198 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this day of A . $19 -* CONTRACTOR: DANIEL B. BOYLE. P.E.. President (print name/title) By: (sign here) (print name/title) CLAmy LwIqMayor - w ” ATTEST: n ALETHA L. ATTEST: 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 certii by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: unsel CMWD 88-602 16 rev. 01 /13/98 SCOPE OF WORK EXHIBIT “A” page 1 of 1 CANNON ROAD SEWER AND RECYCLED WATER IMPROVEMENT PLANS Project I: Avenida Encinas to Car Country Drive SCOPE OF WORK 1. 2. 3. 4. 5. 6. 7. 6. 9. 10. 11. 12. 13. Overall project management and supervision. Meet with District Staff to obtain background information, record drawings, as-built plans, etc. Contact utilities and obtain information in connection with other underground facilities. Using information obtain in Task No. 2, prepare AutoCAD base sheets to be used for the pipeline plan and profile construction plans (3 sheets). After completion of the base sheets, walk the job site to verify existing conditions. Also perform a one day land survey of the project site. Design and preparation of the plan and profile construction plans for the sanitary sewer 24-inch diameter pipeline (3 sheets). Design and preparation of the plan and profile wnstruction plans for the recycled water 24-inch diameter pipeline (3 sheets). Preparation of title sheet and general information sheets (3 each). Preparation of detail sheets (3 each). Preparation of Contract Documents and Construction Specifications. Submittals to District Staff for review and comments at the 75 and 9bpercent completion stages. After receipt of all District comments on the 95 percent submittal, prepare and submit final signed and sealed Contract Documents, Specificatiis, Construction Plans and Engineer’s Opinion of Construction Cost. Miscellaneous meeting with District Staff throughout m- course of design and preparation of the plans and specificatiis. Preparation of traffjc wntrol plans. TOTAL PROJECT ESTIMATED MANHOURS ESTIMATED MANHOURS”’ ME 10 -- 1 3 3 2 2 2 2 4 1 30 SE 2 SUP 6 SUB we -e 6 16 - 4 4 8 60 -I 90 - 60 90 - 6 30 25 6 18 - 24 - -- 12 -- 20 20 - 24 2 2 32. 247 ,288 40 PROPOSED FEE 548.810 17 rev. 01/13/98 personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person&) whose name(‘& is/swssubscribed to the within instrument and acknowledged to me that he/s&&hey executed the same in h&/her/the+ authorized capacity(iec), and that by his/b&the&ignature(y-on the instrument the person@& or the entity upon behalf of which the personfsracted, executed the instrument. (This area for official notary seal.) Title or Type of Document -jT2@ FbS&d A L &ti*&cs A422seflmr Date of Document Signer(s) other tha CMWD 86-602 06/l 4195 Rev. LJ!ANlEL BOC..zE ENGINEERING, it-X Civil - gineering Services - - CERTIFIED RESOLUTION . OF BOARD OF DIRECTORS OF DANIEL BOYLE ENGINEERING, INC. I, Cathy A Boyle, Secretary of Daniel Boyle Engineetjng, Inc., a corporation organ&i 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 dulyr adopted: RESOLVED: That the following company ofkers are designated and authorked 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 bintimg on the corporation: Daniel B. Boyle; President or Thomas B. Hooker, Jr.; ViPresident IN WlTNESS WHEREOF, I have hereunto set my hand as of the 15th day of May, 1995. Cathy A. Boyle,’ Se&tary 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 (7l4) 76&2600 RESOLUTION NO. 1,008 EXHIBIT 3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, TO APPROVE AND AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES ON CANNON ROAD RECYCLED WATER TRANSMISSION MAIN PHASE I, CMWD PROJECT NO. 88-602.35341 WHEREAS, Requests for Proposals were requested to provide the necessary civil design services for preparation of plans and specifications for Cannon Road Recycled Water Transmission Main Phase I, CMWD Project No. 88-602; and South Agua Hedionda Interceptor Phase I, CMWD Project No. 92466; the latter to be presented to the City Council of the City of Carisbad for review and approval,! and responses were received from Daniel Boyle Engineering, Inc. and O’Day Consultants; and after review of the proposals, the staff recommended Daniel Boyle Engineering, Inc. based on an evaluation of their approach to the design; 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 Daniel Boyle Engineering, Inc. to design plans and specifications for Cannon Road Recycled Water Transmission Main Phase I, 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 Transmission Main Phase I, CMWD Project No. 88-602, is $23,435 for engineering services and $2,565 for contingencies, therefore, there are sufficient funds available for this project. 1 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the 2 II Carlsbad Municipal Water District, Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the attached three party agreement between Daniel Boyle Engineering, 5 6 Inc., the City of Carlsbad, and the Carlsbad Municipal Water District be approved and 7 accepted; and 6 3. That the President, as representative of the Carlsbad Municipal Water District, is authorized and directed to execute-the proposed agreement between Daniel 9 10 11 12 13 14 15 16 II NOES: None Boyle Engineering, Inc., the City of Carlsbad and the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a special meeting of the Boar;d 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 17 ABSENT: None 18 19 20 21 ATTEST: 22 23 ALETHA L. RAUTENWNZ, Secretad 24 25 (SEW 26 27 28 February 19,1998 Daniel Boyle, P.E., President Daniel boyle Engineering, Inc. 3142 Vista Way, Suite 201 Oceanside, CA 92056 RE: CMWD PROJECT NOS. 92-406 AND 88-602 Enclosed for your records are copies of the Carlsbad Municipal Water District Agenda Bill No. 404 and Resolution No. 1,008 approving Project No. 88-602. Also enclosed are copies of Carlsbad City Council Agenda Bill No. 14,553 and Resolution No. 98-36 which approved Project No. 92-406. 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. KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808 @