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HomeMy WebLinkAbout2000-05-16; Municipal Water District; 474; Water Improvements for Municipal Golf Coursef- ~~ yp CARLSBAD MlJNlClPAL WATER DISTRICT -AGENDA BILL n iB# TITLE- ACCEPT AND AUTHORIZE APPROVAL OF ENGINEERING 47 q ?%i%lCES AGREEMENT WITH P&D CONSULTANTS TO PROVIDE UlTG. 5/l 6/00 FINAL DESIGN OF WATER AND RECYCLED WATER IMPROVEMENTS FOR THE CARLSBAD MUNICIPAL GOLF COURSE, IEPT. ENG CMWD PROJECT NO. 99-605, CITY PROJECT NO. 30721 RECOMMENDED ACTION: THAT THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT Adopt Resolution No. IO536 to accept and authorize approval of an engineering services agreement with P&D Consultants for potable and recycled water engineering design services for the Carlsbad Municipal Golf Course, CMWD Project No. 99-605, City Project No. 30721. ITEM EXPLANATION: This project involves the abandonment or removal of an existing 16-inch diameter steel water main between Hidden Valley Road and College Boulevard and installation of approximately 3,000 lineal feet of 16-inch diameter steel water main paralleled with an 8-inch diameter recycled water main between Palomar Oaks Way and College Boulevard. The mains will provide potable and recycled water to the Carlsbad Municipal Golf Course and provide a looping water system to the industrial parks in the vicinity. The District requested a proposal from P&D Consultants for the engineering design services. P&D Consultants is currently working on final design of the Carlsbad Municipal Golf Course, which the water main alignment will be an integral component. P&D Consultants has the topography and other design information to complete the design in a timely and efficient manner. P&D Consultants will provide the following services: 1. Study the abandonment/removal of the existing water main. 2. Provide the location of the proposed water main and recycled water pipeline. 3. Prepare improvement plans. 4. Prepare an engineer’s estimate of construction costs. 5, Prepare technical specifications. 6. Prepare easement documents. ENVIRONMENTAL REVIEW: This project is incidental to and a product of the Carlsbad Municipal Golf Course, which is currently under environmental review with a tentative scheduled hearing date of June 7, 2000 with the Planning Commission. FISCAL IMPACT: The design cost for the potable and recycled water lines is $52,600. The total project cost for the engineering design and construction of the 8” recycled line is $196,000. Of this amount, $26,300 will b e reimbursed from the Golf Course fund for its share of the design costs. There are sufficient funds available for the contract. The following table provides a summary of the project cost breakdown. Page 2 of Agenda Bill No. I EXHIBITS: 1. 2. 3. Location Map. Board of Directors of the Carlsbad Municipal Water District: Resolution No. m-b to accept and authorize approval of engineering services agreement with P&O Consultants for potable and recycled water engineering design services for the Carlsbad Municipal Golf Course, CMWD Project No. 99-605, City Project No. 30721. Professional Services Agreement Providing Services for the Design of Water and Recycled Water Improvements in Carlsbad Municipal Golf Course, CMWD Project No. 99-605, City Project No. 30721. - - PLdEr\lG I13 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR PREPARATION OF A 164NCH POTABLE WATER PIPELINE, AN 84NCH RECYCLED WATER PIPELINE AND ABANDONMENT OF A 164NCH WATER PIPELINE THIS AGREEMENT is made and entered into as of the 28th day of Auqust , 2O.,m by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as “District” and P&D CONSULTANTS, hereinafter referred to as “Contractor.” RECITALS District requires the services of an engineering design services Contractor to provide the necessary engineering design services for preparation of a 16-inch potable water pipeline, an 8-inch recycled water pipeline and abandonment of a 16-inch water pipeline plans and specifications; and Contractor possesses the necessary skills and qualifications to provide the services required by District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS . Refer to Exhibit “A”, Basic Scope of Work, attached hereto and made a part hereof. 2. DISTRICT OBLIGATIONS The District shall provide available plans showing existing pipelines and as needed potholing to locate existing pipelines in the field. Rev. 2/l 5/00 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the District and be completed within ninety (90) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Deputy City Engineer. The Deputy City Engineer 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 District inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be not-to-exceed $52,600. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The District reserves the right to withhold a ten percent (10%) retention until the project has been accepted by 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 (1) year from date thereof. The contract may be extended by the Executive Manager for one (1) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the District’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. Rev. 2/l 300 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 thirty (30) days of completion and approval of the Deputy City Engineer, the Contractor shall deliver to the District the following items: a. Plans and technical specifications for 16-inch potable water pipeline, 8-inch recycled water pipeline and abandonment of existing 16-inch potable water pipeline. b. Plat and legal description documents for abandonment of existing easement and dedication of new easement for the pipelines. 8. C. Project schedule and engineer’s opinion of probable cost. CHANGES IN WORK If in the course of the contract, changes seen merited by the Contractor or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the District may request a change in contract. Such changes shall be processed by the District in the following manner: A letter outlining the required changes shall be forwarded to the 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 District and approved by 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. Rev. 2/l 5/00 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 of making of this agreement. For breach or violation of this warranty, 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 as provided for in this contract, the 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 District and all work in progress to the Deputy City Engineer. The Deputy City Engineer shall make a determination of fact based upon the documents delivered to District of the percentage of work which the Contractor has performed which is usable and of worth to the District in having the contract completed. 4 Rev. 2/l 5/00 Based upon that finding as reported to the Executive 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 District, the Contractor shall assemble the work product and put same in order for filing and closing and deliver said product to 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 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 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 District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Codes 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 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 5 Rev. 2/l 5/00 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 Board of Directors to disqualify the Contractor from the selection process. dff 0 ’ al) (initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 4!f ( ial) (initial) 13. JURISDICTION Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 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 District Contractor shall be under control of the District only as to the result to be accomplished, but shall consult with the District as provided for in request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the District for any purposes whatsoever. Rev. 2/l 5/00 The Contractor is an independent Contractor of 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 District shall not make any federal or state tax withholding on behalf of the Contractor or its employees or subcontractors. 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 District and the City of Carlsbad within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the District and the City of Carlsbad 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 District and the City of Carlsbad 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 District will provide copies of the approved plans to any other agencies. 7 Rev. 2/l 5/00 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of 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 District. Contractor shall have the right to make one (1) copy of the plans for its 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 District and hereby agrees to relinquish all claims to such copyrights in favor of District. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the “District” and the “City” and their officers, officials, employees and volunteers from any 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. 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 District. Rev. 2/l 5100 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 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 or indirectly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and 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 District. 21. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of 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 District who is authorized in such capacity and on behalf of 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. 9 Rev. 2/l 5/00 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of 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 District has determined, using the guidelines of the Political Reform Act and the District’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. 10 Rev. 2/l 5/00 -. 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 that “A-Y and shall meet 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 General Counsel or 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 District). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11 Rev. 2/l 5/00 3. Worker’s Compensation and Employer’s Liability. Worker’s 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. 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 District and the City of Carlsbad shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the District 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 District sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the District will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on 12 Rev. 2/l 5/00 existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the District to obtain and maintain such insurance and the District may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or the receive written notice on behalf of the District and on behalf of the Contractor in connection with the foregoing are as follows: For District: Title Deputy City Engineer Name William E. Plummer, P.E. Address 1635 Faraday Avenue Carlsbad, CA 92008 For Contractor: Title Director of Engineering Name Daniel A. Lee, P.E. Address 401 West “A” Street, Suite 2500 San Diego, CA 92101 Architect/License Number: C 38396 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in 13 Rev. 2/l 5100 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this #!dayof q ,2O& CONTRACTOR: P&D CONSULTANTS CARLSBAD MUNICIPAL WATER Date: August 28, 2000 By: (sign here) (print name/title) (Proper notarial acknowledgment of WOOD, City Clerk (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM Depu’d City Attorney CMWD No. 99-605 14 Rev. 2/l 5/00 EXHIBIT "A" March 1,200O P&D Consultants Planners/Engineers/Architects 401 WEST ‘A’ STREET SUITE 2500 SAN DIEGO. CALIFORNIA 92101 619/232-4466 619/234-3022 FAX www.pdconsultants.com Mr. Bill Plummer, P.E. Carlsbad Municipal Water District 163 5 Faraday Avenue Carlsbad, California 92008-73 14 Subject: Carlsbad Golf Course Water Main Between Palomar Oaks Way and Hidden Valley Road Dear Mr. Plummer: Pursuant to your request, P&D Consultants is pleased to submit a revised fee proposal for professional civil engineering services in connection with domestic water main improvements and reclaimed water main improvements between Hidden Valley Road and Palomar Oaks Way within the limits of the future Carlsbad Golf Course. Based upon our discussions, it is understood that CMWD desires to abandon and/or remove the existing 16-inch steel water main between Hidden Valley Road and College Boulevard. The total length of this main is approximately 2,500 lineal feet. The portions of this main which are situated within the “cut portion” of the future golf course will be removed, the remainder of the main will be capped and abandoned in place. In addition, CMWD desires to construct 2,000 ’ lineal feet of new 16-inch steel water main with a parallel S-inch PVC reclaimed water main between Palomar Oaks Way and College Boulevard. The following is our scope of services followed by our proposed fees. I. BASIC SCOPE OF WORK 1.0 Preliminary Engineering Task 1.1 Schematic Layout Prepare one 1”=40’ schematic routing study to delineate the limits of abandonment or removal of the existing steel water main and location of the proposed steel water main and PVC reclaimed water main. Fees: $3,740.00 . Mr. Bill Plurnmer March 1,200O Page 2 Task 1.2 Meetings/Coordination and Pothole Coordination Meet with CMWD to review and approve the above schematic layout. P&D will prepare a schematic drawing of utilities to be potholed and submit to CMWD. CMWD will perform all potholes and ancillary survey pickup. Coordinate with CMWD to receive pothole information. Fees: $2,560.00 Preliminary Engineering Subtotal $4,140.00 2.0 Final Engineering Task 2.1 Improvement Plans Prepare one set of improvement plans utilizing existing topography as provided by the City of Carlsbad for approximately 2,500 lineal feet of existing 16-inch water main abandonment/removal and 2,000 lineal feet of proposed 16-inch water main and S-inch PVC water main construction. It is anticipated that there will be a total of 7 standard “D” sheets in this improvement plan package. They will include: one title sheet; three 40-scale plan and profile sheets for new 16-inch steel water main and S-inch reclaimed water main; one schematic sheet depicting 16-inch steel water main to be abandoned and/or removed; and two detail sheets. CMWD will provide cathodic protection design and details for P&D to incorporate into the construction documents. P&D will make 70 percent, 90 percent, and 100 percent submittals. These plans will be prepared in ACAD Version 14, Softdesk Version 8.0 digital format. Fees: $15840.00 Task 2.2 Engineer’s Opinion of Construction Cost Prepare one engineer’s opinion of construction cost for the improvements delineated in the above improvement plan package. Fees $2,010.00 Task 2.3 Technical Specifications Prepare one draft outline to be submitted at the 70 percent submittal. Prepare preliminary and final specifications using CMWD furnished standard specifications, and standard specifications for public works construction. Fees: $5,350.00 Mr. Bill Plummer March 1,200O Page 3 Task 2.4 Easement Documents Prepare one easement plat package reflecting necessary abandonment of existing easements and the dedication of new easements. It is understood that the proposed 16-inch water main and &inch reclaimed water main will be situated within the same CMWD easement. This package will include the required legal descriptions and traverse closure calculations associated with the subject plats. CMWD will be responsible for obtaining the necessary title reports associated with this work. Fees: $6,950.00 Task 2.5 Processing Process the above submittal packages (i.e., schematic layout, 70%, 90%, and 100%) through the CMWD Engineering Department. Fees: $5,780.00 Task 2.6 Project Schedule Prepare one project schedule in Microsoft Project format. Fees: $670.00 Task 2.7 Meetings/Coordination Prepare and attend a maximum of 24 hours of meetings and/or telephone coordination in connection with the above services. Fees: $4,700.00 Final Engineering Subtotal: Other Direct Costs $49,600.00 $ 3,ooo.oo TOTAL FEES: $52,600.00 The following services are specifically excluded: 1. Landscape architecture. 2. Topographic surveys, boundary surveys, and construction staking. 3. Geotechnical engineering. 4. Structural engineering. Mr. Bill Plummer March I,2000 Page 4 5. Changes in scope of work. 6. Title reports. 7. Any and all services not specifically set forth above. We hope the above proposal meets with your approval. We stand ready to begin the above services upon your written authorization to begin. Thank you for this opportunity to provide these services to the Carlsbad Municipal Water District. Sincerely, P&D Consultants, Inc. Director of Engineering DAL/tip cc: Chuck Moore, P&D Consultants John Cahill, City of Carlsbad , ,; . - State of California ,6+2nuti. UN, di% /?Lb/~~ Name and ‘Tile of Officer (e.g., “Jane tie, Notary Pub!&“) personally appeared &L?&L ti ?%-KYQ . Name(s) of Signer(s) I qproved to me on the basis of satisfactory evidence to be the person@‘) whose name(@ is/are subscribed to the within instrument and acknowledged to me that he/&eAheyexecuted the same in hislhnrlthnir authorized capacity(ies), and that by his/he&heir signature(s) on the instrument the personw, or the entity upon behalf of which the person&) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Sign&& of Rotary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dot \ Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): Cl Partner - q Limited q General 0 Attorney in Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 WG 04 ‘80 08:44FIM P&D C_ONSULTRNTSBRADM 713 267 2911 TO 7+6192343022 RUG P. 0zP ,a2 03 '00 08:OlfW-l . . c ,r I ” P & D CONSULTANTS, INC. Record of Unanimous Written Actlon and Action of the Board of Directors The Directors of P & D Consultants, Inc. (P&D), by unanimous consent, have consented to the adoption of the following resolution as if such resolution had been adopted at a meeting of the corporation duly called and held In accordance with the Bylaws of the Corporation, and hereby direct that a ey hereof be filed with the minutes of the pmceedings of the Board of Directors. NOW THEREFORE, BE IT RESOLVED, that &lr. Charles Moore, of P&D Consultants, Inc. has the authority to executethe contract with the City of Carkbad for the Gotf Course Waterline Projeot. I hereby certify that the foregoing is 3 true and meet copy of the resolution adopted by the Board of Directors this 3rd day of August, 2000. w* TOT% PFIGE.02 w