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HomeMy WebLinkAbout2002-05-14; Municipal Water District; 528; Cannon Rd & College Bl Water Pipelines AgreementB# TG. EPT. ~ CARLSBAD MUNICIPAL WATER Dl APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT FOR CANNON ROAD AND COLLEGE BOULEVARD POTABLE AND RECYCLED WATER TRANSMISSION PIPELINES PROJECT NOS. 3887 AND 3892 AND APPROPRIATE FUNDS RECOMMENDED ACTION: Adopt Resolution No. 1148 to approve and authorize an engineering services agreement with Daniel Boyle Engineering Corporation for design of the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines, Project Nos. 3887and 3892 and appropriate funds. ITEM EXPLANATION: The Cannon Road and College Boulevard potable and recycled water transmission pipelines are located in the future extensions of Cannon Road and College Boulevard east of El Camino Real. These streets are now in design by McMillan Homes for the Calavera Hills Project. The transmission mains include: 0 approximately 6,100 lineal feet of 16-inch diameter recycled water main 0 approximately 1,650 lineal feet of 16-inch diameter potable water main 0 approximately 5,500 lineal feet of 12-inch diameter potable water main 0 two potable water pressure reducing stations The recycled water transmission main is part of the master plan Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887. The potable water pipelines are part of the Water Distribution System, Project No. 3892, The District requested a proposal from Daniel Boyle Engineering for the engineering design services. Daniel Boyle Engineering is currently working with the developer of Calavera Hills and has the topography and other design information to complete the design in a timely and efficient manner. This engineering services agreement with Daniel Boyle Engineering Corporation is for final design of water and recycled transmission pipelines within future Cannon Road from El Camino Real to College Boulevard and future College Boulevard from Cannon Road to the Calavera Hills development. ENVIRONMENTAL REVIEW On January 25, 2000, the Board of Directors certified a Mitigated Negative Declaration for the Phase II project under Case No. EIA 99-09; CMWD Project No. 98-301. The potable water pipelines were included in the environmental review and approvals of the Cannon Road and College EIR No. 98-02. FISCAL IMPACT: will be from the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3887 and The total design cost for the recycled and potable water mains is $97,994. Of this amount, $47,994 there are sufficient funds available in the project account. The remaining $50,000 will be from the Water Distribution System, Project No. 3892, which was scheduled in the CIP for year 2002-2003. Staff is requesting this appropriation at this time to coincide with the developer's schedule for construction of the roads as part of the Calavera Hills project. Page 2 of Agenda Bill No. 528 EXHIBITS: 1. Location Map. 2. Resolution No. 1148 of the Board of Directors of the Carlsbad Municipal Water District to approve and authorize an engineering services agreement for design of the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines, Project Nos. 3887 and 3892, and appropriate funds. 3. Engineering Services Agreement with Daniel Boyle Engineering Corporation for design of the Cannon Road and College Boulevard Potable and Recycled Water Transmission Pipelines, Project Nos. 3887 and 3892. LOCATION MAP NOT TO SCALE NAMEAGR€€M€NTFORCANNONROAD&COLLEGEBLVD. EXHIBIT PROJECT POTABLE AND RECYCLED WATER TRANSMlSSlON PlPELlNES 3887 NUMBER & 3892 PROJECT NO.3 3887 & 3892 HN BY: SCOTT EVANS CIWLSBAD ENGINEERING DEPT 5/l/02 C\CAPrrAL\AHlrS\37-~9Z.Offi 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. 1148 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD AUTHORIZE AN ENGINEERING SERVICES AGREEMENT MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND FOR DESIGN OFCANNON ROAD AND COLLEGE BOULEVARD POTABLE AND RECYCLED WATER TRANSMISSION PIPELINES, PROJECT NOS. 3887 AND 3892 AND APPROPRIATE FUNDS. WHEREAS, funds have been appropriated for the recycled water pipeline improvements in le Encina Basin Water Reclamation Program, Phase II, Project No. 3887; and WHEREAS, funds totaling $50,000 are needed for the potable water pipeline nprovernents. This is the initial appropriation for the design of the potable water pipeline and ressure reducing station; and WHEREAS, the Engineering Department requested qualifications and proposals x Engineering Design Services from Daniel Boyle Engineering; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has etermined it necessary, desirable, and in the public interest to enter into an agreement between )ANIEL BOYLE ENGINEERING CORPORATION and the CMWD for Engineering Design iervices to design the Cannon Road and College Boulevard Potable and Recycled Water .ransrnission Pipelines, Project Nos. 3887 and 3892; and WHEREAS, the approval of a one-year extension will be included for this agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Vater District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Finance Director is authorized to appropriate $50,000 from the Water :onnection Fund. 3. That the proposal by DANIEL BOYLE ENGINEERING CORPORATION in the ,mount of $97,994 for engineering design services is accepted and approved. Y Y Y ! f I s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the President of the Carlsbad Municipal Water District is authorized and Yirected to execute the agreement with DANIEL BOYLE ENGINEERING CORPORATION for the jesign of Cannon Road and College Boulevard Potable and Recycled Water Transmission aipelines, Project NOS. 3887 and 3892. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 14th day of MAY , 2002 by the following vote, to wit: AYES:Board Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None iTTEST: 1 age 2 of 2 of Resolution No. 1148 (CMWD) AGREEMENT FOR CANNON ROAD AND COLLEGE BOULEVARD POTABLE WATER AND RECYCLED WATER PIPELINE DESIGN SERVICES (DANIEL BOYLE ENGINEERING) THIS AGREEMENT is made and entered into as of the l5tu day of M Rd 20 01, 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, referred to as ("CMWD')), and DANIEL BOYLE ENGINEERING, a California corporation, ("Contractor"). 1- RECITALS A. CMWD requires the professional services of a civil engineer that is B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to CMWD and has affirmed its experienced in pipeline design. services and advice related to recycled water pipeline design. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A, which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWO Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 General Counsel Appmvea Version #04/02/02 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not-to-exceed ninety seven thousand nine hundred ninety four dollars ($97,994). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, as outlined in the attached Exhibit "A", shall be time and expense based on labor categories and rates. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version #04/02/02 2 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will 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". 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3 General Counsel Approved Version #04/02/02 10.1.3 Workers' Compensation and , Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $l,OOO,OOO per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to CMWDs satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional 10.2.2 Contractor will obtain occurrence coverage, excluding Professional insured on General Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWDs execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance, policies and endorsements. 11. ' BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 General Counsel Approved Version #04/02/02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: For Contractor: Title David P. Ahles Name Daniel G. Smith Carlsbad Municipal Water District Title Principal Engineer Address 1635 Faraday Avenue Address 3142 Vista Way, Suite 303 Carlsbad, CA 92008 Oceanside, CA 92056 Phone No. (760) 602-2748 Phone No. (760) 433-9709 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. 5 General Counsel Approved Version #04/02/02 .. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's. agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by contractor.' Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager, The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 General Counsel Approved Version #04/02/02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for.nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification. of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person. other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid oragreed 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, CMWD will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. .. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation 07 in conjunction with litigation. Contractor , acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 7 General Counsel Approved Version #04/02/02 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill General Counsel Approved Version #04/02/02 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DANIEL BOYLE ENGINEERING, a DISTRICT, a Public Agency California corporation organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad "By: (sign here) (print namehitle) Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Assistant Secretary, Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: $h.d&& Deputy General Counsel 9 General Counsel Approved Version #04/02/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :/o :jai State of WMLNW- county of e/. / " - On & 71 He /CAE before me, &?&N ' NCIhEl(liL% k/%?~/vkV..?Y CF OFFICER - E G .'iAtJE SCE. NOiAil P&LlLIc. personally appeared 7" f?? .Hmk?GfZ .T-k?- - - NAhEISI OF SiGNE%ISl 0 personally known to me - OR - proved to me on the basis of satisfactory to be the person(s) whose subscribed to the within i strument and ac- knowledged to me tiladeithey executed the same in @/her/their capacity(ies), and that by ahorized hi eritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execl;ted the instrument. WITNESS my hmd and official seal OPTIONAL Tr,cugr, the &:a be!ow is r.ct ri;uIre6 ty !a':>, it mq prove valu~ble !G persons r2!ylr,g cr; !hi cccment 2nc could preven: fraudulent reanacnment of tnls lcrm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT a lND1VlDUA.L 0 CORPORATE OFFICE3 - TITLE OE TYPE OF DOCUI.IENT m:si 0 FARTNE?.(Sj n LIblITED c! ATOfiNEi.IN-F.%CT D TFiUSTEEiSj 5 OTEER ". D G' cNE~?AL NUMEEg OF PAGES GUARDIA.N:CONSE:.'/hTCF, DATE OF DOCUI.lE?IiT D~NIEL BOYLE ENGINEERING Consulting Engineers CERTIFIED RESOLUTION OF BOARD OF DIRECTORS OF DANIEL BOYLE ENGINEERING, INC. I, Lois E. Hooker, Secretary of Daniel Boyle Engineering, Inc., a corporation organized March 23, 1982 and existing under the laws of the State of California, do hereby certify that at a duly convened meeting of the Board of Directors of Daniel Boyle Engineering, Inc., held on the 7th day of March, 2002, at the offices of said corporation at 23231 South Pointe Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was duly adopted: RESOLVED: That the following company officer is designated and authorized to execute and sign documents, or to sign the corporate name without limitation, except where otherwise provided by law, and such execution or signature shall be binding on the corporation: Thomas B. Hooker, Jr.; President IN WITNESS WHEREOF, I have hereunto set my hand as of the 7th day of March, 2002. 23231 South Potnte Drive ' Sliite 103 ' Laguna Hills. CA , 92653. 19491 768-2600. Fax 19491 586-5188 ' www~dboyle~eng.cam EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for CMWD and at what price. 10 General Counsel Approved Version #04/02/02 D~NIEL BOYLE ENGINEERING Consulting Engineers ~ CITY OF CARLSBAD Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Mr. David Ahles Senior Civil Engineer EXHIBIT "A" March 7, 2002 City of Carlsbad Cannon Road and College Boulevard Transmission Mains In accordance with your request and our discussions on February 12, 2002, we are presenting herein our revised proposal to provide professional engineering services for the design of potable water and recycled' water mains and potable water pressure reducing stations (PRS) in the proposed extensions of Cannon Road and College Boulevard. We have utilized the preliminary draft improvement plans for the subject project provided by the City for this purpose. These plans were prepared by O'Day consultants and are dated December 6, 2001. PROIECT DESCRIPTION Utilizing information provided by the City and the above referenced plans, we have determined that the project will include the following elements: 255 Zone Potable Water Main: Approximately 1,600 lineal feet of 12-inch diameter, C900 PVC water main in College Blvd., between approximate street stations 102+50 and 118+50. This segment will require two plan and profile sheets. 375 Zone Potable Water Main: Approximately 3,900 lineal feet of 12-inch diameter C900 PVC water, main in Cannon Road, between approximate street stations 125 + 50 and 164+50. This segment will require four plan and profile sheets. 490 Zone Potable Water Main: Approximately 1,650 lineal feet of 16-inch diameter Steel Pipe water main in College Blvd., between approximate street stations 102+00 and 118+50. This segment will require two plan and profile sheets and will include the design of the 255 Zone improvements on the same plan sheets.. 3142 Vim Way. Suice 303 ' Oceanrlde. CA .92056' 17601 433 8710. Fax 1760) 433~9709 ' wvwdboyle-engsom City of Carlsbad -Cannon and College Transmission Mains As-Needed Services - 3/7/02 Page 2 384 Zone Recycled Water Main: Approximately 6,100 lineal feet of 16-inch diameter C905 PVC recycled water main in Cannon Road (approximate Street Sta. 125+50 to 164+50) and College Blvd. (approximate Street Station 118+25 to 96+50). This segment will require seven plan and profile sheets. 490 to 255 Zone Potable PRS: Located on College Blvd. at approximate Street Station 116+50. The City’s standard PRS drawings (three sheets) will be utilized and modified for the specific site and pipeline diameters. 490 to 446 Zone Potable PRS: Located on College Blvd. at approximate Street Station 102+00. The City’s standard PRS drawings (three sheets) will be utilized and modified for the specific site and pipeline diameters. SCOPE OF SERVICES Our proposed scope of services is as follows: 1. 2. 3. 4. 5. 6. 7. Provide project management including project Kick-off meeting, periodic progress meetings and coordination with City. Provide coordination with Developer and Developer’s Engineer to obtain and update digital base map files showing proposed street and other utility improvements. Perform data collection; field observation of existing utilities and improvements; and preparation and review of base sheets (including existing utilities) from digital information and reference drawings. Determine proposed potable and recycled water main alignments; prepare red- lined exhibits showing proposed alignments on base plan of preliminary street improvement plans; meet to review and refine with City. Prepare proposed Pressure Reducing Station (PRS) site location sketches (red-lined exhibits on enlarged portions of preliminary street improvement plans); meet to review and refine with City. Provide potholing of existing water line connections, existing sewer and existing box culvert at the intersection of Cannon Road and El Camino Real. Determine need for field survey verification of existing improvements. If needed, prepare list of required survey information and submit to City’s project manager. It is assumed that City’s As-needed surveying consultant will provide needed services directly to City. City oicarlsbad - Cannon and College Transmission Mains As-Needed Services - 3/7/02 Page 3 8. 9, 10. 11. 12. 13. 14. 15. 16. Prepare 50% complete pipeline plan sheets, PRS plan sheets and special details. Submit five copies to City; meet with City to discuss comments from 50% review. Prepare 90% complete construction plans and technical specifications. Prepare traffic control plans (Intersection of Cannon Road at El Camino Real). Prepare corrosion study and cathodic protection design for 490 zone steel pipeline and pressure reducing stations. Submit 5 copies to City; meet with City to discuss comments from 90% review. Prepare 100% complete construction plans, specifications and cost opinion. Submit 5 copies to City; meet with City to discuss comments from.100% review. Prepare and submit three sets of prints and one set of reproducible final construction plans (mylar) and specifications. Also provide digital files in City format. As suggested by you, we have reduced the total number of sheets from our previous proposal by combining the plans for the 255 and 490 Pressure Zones on the same construction plan sheets. Also, we will reduce the number of sheets related to both pressure reducing stations by using a common note sheet for the electrical notes . PROJECT SCHEDULE We have prepared a proposed schedule for executing this project within the expedited tirneframe we discussed on March 6, 2002. We have allowed one week for each of the four City reviews. Proposal Submitted .............................................. March 7, 2002 Notice to Proceed ................................................ March 1 1, 2002 Alignment Review Meeting .................................. March 21, 2002 50% Complete Plan Submittal ............................. April 15, 2002 50% Review Meeting with City ............................ April 22, 2002 90% Complete Plan Submittal ............................. May 15, 2002 90% Review Meeting with City ............................ May 22, 2002 100% Complete Plan Submittal ........................... June 12, 2002 ...... .. - . 100% Review Meeting with City .......................... June 19, 2002 Submit Final Plans & Specifications ...................... July 3, 2002 The schedule proposed herein assumes that DBE can acquire the digital files for the street Improvements by March 14, 2002. I PROPOSED ENGINEERING FEE We propose to provide professional engineering services to: Coordinate with the City, design the above pipelines and prepare construction plans and specifications for the above described project on a time and materials basis not to exceed $97,994 without specific written authorization. Table 1 presents our detailed estimate of fees by task and billing classification. Our proposal is limited to providing only those services indicated herein. The following services are specifically excluded from our scope of services. It is our understanding that these services will not be required for this project. 1. Aerial photogramrnetery or Field Survey services. 2. Ceotechnical services. 3. Construction support. If field survey services are required, it is assumed they will be completed by one of the City's As-Needed survey consultants. Thank you for this opportunity to provide continuing services to the City of Carlsbad. Please feel free to call, if you have any questions or need additional information. DANIEL BOYLE ENGINEERING Principal Engineer DC5:TBH:lam End. 699-197-01 C&CTMREV.doc m .I E 5 - .. ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDW 11/30/2001 PkODUCER Serial # 81049 THIS CERTIFICATE IS ISSUED AS A MA'ITER OF INFORMATION !.~, _~_I ,.,.: . . P.P.I.B. ' 2244 W. COAST HWY., SUITE 200 ,> ;:q ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' .... , _. . .'..'e ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR NEWPORT BEACH, CA 92663 LICENSE NO. 0641361 2;;;j INSURERS AFFORDING COVERAGE c, 1. ,f\., I/ INSURED DANIEL BOYLE ENGINEERIN~;IINqr,l,~~~i,!~ INSURERA: ASSURANCE CO OF AMERICNZURICH "7 I 23231 S. POINTE DR., SUITE ?03,:-,;.,: ;-,';,lz;\!~ INSURER 0: INSURERC: LAGUNA HILLS, CA 92653 INSURER& AMERICAN ZURICH : '> \ .+, Y\. '- I INSURER E r 341 12541 GENEPAL LIABILIN ~ 12/1/01 L O,, MADE OCCUR ME0 EXP (Any one peru~) I 10000 PERSONAL b ADV INJURY I 1000000 GENEWLAGGREWTE I 2000000 AGGREGATE LIMITAPPLIES PER: PRODUCTS- COMPOP AGG I 2000000 cy PRO JECT LCC AUTOMOBILELIAWLIN ANY AUTO ALL OWNED AbTOS SCHEDULEDAUTOS /34112541 ~ 12/1/01 (Ea accaenl) BODILY INJURY 1000000 BODILY INJURY (Perasddenll I I I I PROPERTYDMGE (PCBCOdenl) I hAGE LIABIUTY I I , AVTO ONLY. EA ACCIDENT 1 I H I I I AUTO ONLY OTHERTW I "" . OCCUR 0 CUIMSMADE 34112541 EXCESS LWILIN "VV , EACH OCCURRENCE I 1000000 12/1/01 12/1/02 AGGREGATE I 1000000 I DEDUCTIBLE x RETENTION I 0 EMPLOYERS' LlAWLlTY WORKERS COMPENSATION AND 9/1/01 9/1/02 x 1 TORY LIMITS 1 lo ER I I 2043344 B W STATU- TH- E.L. EACH ACCIDENT E.L. DISEASE -EAEMPLOYEE I 1000000 E.L. DISEASE. POLICY LIMIT I 1000000 I I 1000000 OTHER IESCRlPTlON DFOPE~TIONYLOCATIDNSNEMCLESlEXCLUSlONSADDEDBY ENDORSEMENTfiPEUAL PROVlSlONS SNEEDED SERVICESIDBEI JOB #Cl5-lO6-00 SEE ATTACHED ENDORSEMENT SHOULDANYDFTHEABOVEDESCRlBEDPOLlClESBECANCELLWBEFORETHEEXPlRATlDN CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY DATE THEREOF, THE ISSUING INSURER ML- MAIL 30 DAYS wrrm OF CARLSBAD NOTICE TO THE CERTIFEATE HOLDER NAMED TO THE LEFT"X- ATTN: MR. WILLIAM E. PLUMMER. P.E. 1635 FARADAY AVE. CARLSBAD. CA 92008-7314 l(€w&&xxmxx REPRESENTATIVE I XfA A,4 I, 1, fQ ICORD 254 (7/97) ll * QACORD CORPORATION 1988 POLICY NUMBER: 341 12541 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD CL 246 (1 1-85) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. XCG2010 , Copyright. Insurance Services Office, Inc.. 1984 ACORQ C E RTI F- :omercial Brokers Ins. & SOOUCER :nsPro Aaents/Brokers-#OB1 ~ "TE OF LlABl ,8019 ~~~~ ~ B. 0. Box 2340 iunnyvale CA 94087-0340 lames Lohmann j COMPANY I A Continental Casualty Co. iSURED honeNo 408-481-9342 FaxNo. COMPANY B Daniel Boyle Engineering, Inc Laguna Hills CA 92653 23231 South Pointe Drive #lo3 I COMPANY I 1 COMLANY I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WED ABOVE FOR THE POLICY PERIOD INDICATEO, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE0 OR MY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rR 0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE , DATE ("IDDIM DATE ("IDDMy) POLICY EXPIRATION LIMITS 1 GENERAL LIBILITY f PERSONAL 6 ADV INJURY I PRODUCTS. COMPIOP AGG f GENEWAGGREGATE OWNERS 6 CONTRACTOR'S PROT EACH OCCURRENCE f H I 1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULEDAUTOS HIRED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per p'"O") I "- I I PROPERTY DAMRGE I I GARAGE LIABILITY I ~ 7 ANY AUTO AUTO ONLY - EAACCIDENT OTHERTWANAUTO ONLY. I _______ EACHACCIDENT f f EACH OCCURRENCE f AGGREGATE f I EXCESS LIABILITY 3 UMBRELLA FORM AGGREGATE I 1 OTUFR THAN IIMnnFI I FORM , , , - . . . -. . . . . .. . - .. . . -. .. . . i WORKERS COMPENSATION AND I EMPLOYERS LLABILITY THE PROPRIETOR! PARTNERSIEXECUTIVE OFFICERSARE. WC STATU- TORY LIMITS ER 'om- i ! ~ EL EACHACCIDENT EL DISEASE. POLICY LIMIT f 3 EL DISEASE. EA EMPLOYEE f INCL EXCL 1 OTHER 1 L 1 PROFESSIONAL AEE 11-375-45-38 i LIABILITY I 01/07/00 ~ 01/07/03 ~ PER CLAIM $1,000,000 AGGREGATE $1,000,000 I ! I I ! $SCRIPTION OF OPERATlONSlLOCATlONSNEHlCLESlSPEClAL ITEMS .ll.operations of the insured including but not 1imited.to the following tro3ect: As-Needed Servlces Provldlng.Genera1 Englneerlng Servlces for )reparation of Various Engineering ProJects lBE,I Job No.: C15-106-00 ERTIFICATE HOLDER CANCELLATION Carlsbad Municipal Water ms-9 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MIL - District Mr. William E. Plummer, P.E. 1635 Faraday Avenue Carlsbad CA 92008-7314 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L!ABlLlTY 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I I James Lohmann - CORD 25-5 (1195) $cm '' ACORD CORPORATION 1988 KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT BUS. NO. 1206328 DATE ISSUD 12/03/2001 08.160 50.00 BALANCE 0.00 TAXES PAID IN ACCORDANCE WITH CITf BUSINESS TAX ORDIN4NCE CITY OF CARLSBAD