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Home My WebLink About1978-05-16; City Council; Resolution 54181 2 3 4 5 6 7 e 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5 4 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CAlUSBAD AND C M ENGINEERING ASSOCIATES, FOR DESIGN AND CONSULTING SERVICES IN IMPROVING THE SOLIDS PROCESSING FACILITIES AT THE ENCINA WATER POLLUTION CONTROL FACILITY BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows : 1. That that certain agreement between the City of Carlsbad and C M Engineer- ing Associates for design and consulting services in improving the solids pro- cessing facilities at the Encina Water Pollution Control Facility, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 1 6 t h day of May I 1978, by the fo1:Lowing vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : None ABSENT: None x- . RONALD C. PACKARD, Mayor ATTEST : (SEAL) AGREEMENT FOR DESIGN AND CONSULTING SERVICES IX IMPROVING THE SOLIDS PROCESSING FACILITIES AT THE ENCINA WATER POLLUTION CONTROL FACILITY IN THE CITY OF CARLSBAD, CALIFORNIA THIS AGREEMENT made and entered into as of the day of , 1978 by and between C M Engineering Associates hereinafter referred to as "Consultant" and the City of Carlsbad, hereinafter referred to as "City". d WITNESSETH: WHEREZG, the City is Administrator of the contracts for operation and maintenance of the Joint Sewer System; and . WHEREAS, the City has been authorized by the Encina Joint Advisory Committee to contract for engineering services for design and consulting services in improving the solids processing facil- ities at the Enci.na Water Pollution Control Facility; and WHEF?EZ:S, the firm of C M Engineering Associates has sub- mitted a proposal in writing to perform the consulting services; and WHEREAS, it is advantageous for the City to retain the ser- vices of C M Engineering Associates as Consultant to perform the ser- vices in the manner, at the time, and for the compensation set forth herein : I c- NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I - scope of Consultant Services Task 1 - Continuation of Pilot Digester Program. C M will actively participate in supervising the continuation of the pilot digester program for the purpose of identification of the foaming inducing agent. C M's participation will be on the or- der of their cont.ribution to the project since its orginal in- ception in October of 1977. task 2 - Literature Review on Cyanide-Chlorine-Phenol Compounds. C M will review the literature on the above mentioned compounds in an attempt to correlate them with the digestion prob- lem. d Task 3 - Conversion of Digesters #1 and #3 to a Fixed Cover Design. C M will provide the plans and specifications for the conversion of the Digesters #1 and #3 to a fixed cover design. Task 4 - Design Mixing System for Digester #3. C M - will provide the plans and specifications for the installation of a mixing system in Digester #3. Task 5 - Conversion of Heating System on Digester #1 and #3 to Direct Steam Injection. C M will provide the plans -.__ and specifications for the said conversion. be signifizantly :modified in Task 4 and therefore- will require Digester #3 will minimum modification under this task. Task 6 .-- - DeveloF Ccmpehensive Digester Feeding, Moni- toring and EvaLua,tion System. C M will set up program of total control for the digesters. Methodology will be introduced to -2- permit immediate evaluation of raw sludge concentration, an oper- ator sampling and analysis program will be instituted and an oper- ational tactics program initiated. Task 7 - Pilot Program for New Dewatering System. C M will provide all of the preliminary, field and follow up engineer- ing necessary to select a dewatering device that will provide an interim solution to the Encina solids handling program through the Phase I11 expansion. Task 8 - Provide Investigation, Recommendations, and Necessary Design Modifications to Facilitate Rerating by Incor- poration Improvements and Programs Detailed in Tasks 1 through 7. This task will wrap up all of C M's efforts, and in conjunction with work on rerating completed to date by others, will recommend the suggested course of action for Encina to pursue to enable the solids processing facilities to be a positive force in the rerat- ing attempt. ARTICLE I1 - Scope of City Staff Responsibilities 1. City Staff will review the plans and specifications prior to their completion by the Consultant. 2. The City will provide technical and manual labor support for Task No. 7. ARTICLE 111 - Progress and Completion The Consultant services specified herein shall begin promptly following written authorization by the Encina General , Manager. -3- The tasks described in Article I will be completed within 120 calendar days, ARTICLE IV - Compensation C M Engineering Associates will provide the profes- sional services described in Article I on a time and inaterial basis in accordance with the attached compensation schedule identified as ExhLbit A. ARTICLE V- Guaranteed Maximum Fee The guaranteed maximum fee for professional services fa’ described in Article I shall be $21,200.00. ARTICLE VI - Payment of Fee Payment will be made in four parts on presentation of monthly invoices hy the Consultant. by task. Billing will be broken down The last payment will be made on completion of the en- tire service described in Article I. ARTICLE VI1 - Responsibility of the Consultant The Consultant is hired to render a professional ser- vice only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the course of the project. ranty, either expressed or implied, as to his findings, recom- mendations, or professional advice other than they are promul- gated after following a practice usual to the Consultant pro- fession. The Consultant makes no war- -4- ARTICLE VI11 - Suspension or Termination of Services The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant notice in writing. In the event of termination, the Consultant shall be , paid for the work accomplished to the date of termination. request of the City, the Consultant shall assemble the work procuct and put same in order for proper filing and closing and deliver said product to the City. paid for said final work, but in no event shall the fee for said final work exceed ten percent (10%) of the guaranteed maximum fee, Upon In such event, the Consultant shall be 4 nor shall the total fee exceed the guaranteed maximum. make the final determination as to the portions of the tasks com- pleted and the compensation to be made. City shall ARTICLE IX - Status of the Consultant The Consultant shall perform the services provided for herein in his own way as an independent contractor and in pursuit of his independent: calling, and not as an employee of the City. He shall be under control of the City only as to the result to be accomplished and personnel or construction firms to be assigned to the project. project shall be subject to the approval of the Encina General The professional firms to be assigned to the Manager. ARTICLE X - Conformity to Legal Requirements The Consultant shall cause all drawings and specifica- -5- tions to conform t.o all applicable requirements of law; federal, state, and local. He shall provide the necessary copies of such drawings and specifications, together with all necessary support- ing documents, to be filed with any agencies whose approval is necessary. ARTICLE XI - Ownership of Documents All plans, studies, sketches, drawings and specifica- tions as herein required are the property of the City whether the work for which they are made be executed or not. this contract is terminated, all documents, plans, specifications, and drawings of the facility shall be delivered forthwith to the City. In the event ' ARTICLE :<I1 - Hold Harmless Agreement The City, its agents, officers, and employees shall not . be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries to or death of them caused by or result- ing from any negligent act, error or omission of Consultant or his agents, employees, or representatives. Consultant further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing 1iabiliti.es and claims therefor, and any cost and ex- pense that is incurred by the City on account of any claim there- for, including claims by reason of alleged defects in the plans and specifications. -6- ARTICLE XI11 - Assignment of Contract The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder with- out the prior written consent of the City. ARTICLE XIV - Subcontracting If the (Consultant shall subcontract any of the work to be performed under this contract by the Consultant, he shall be fully responsible to the City for the acts and omissions of his subcontractor and of the persons either directly or indirectly f employed by the subcontractor, as he is for the acts and omissions of persons directly employed by him. contract shall create any contractual relationship between any subcontractor of the Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a sub- contractor by the terms of this contract applicable to his work Nothing contained in this unless specifical.ly noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XV - Prohibited Interest No offj-cia1 of the City who is authorized in such capa- city on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectura:L, engineering inspection, construction, or mater- ial supply contractor, or any subcontract in connection with the construction of the project shall become directly or indirectly interested perso:nally in this contract or in any part thereof. -7- No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on be- half of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this con- tract shall become directly or indirectly interested personally in this contract or any part thereof. ARTICLE: XVI - Verbal Agreement or Conversation No verbal agreement or conversations with any officer, agent, or employee of the City, either before, during, or after * the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. ART1CL:E XVII - Successors or Assigns Subject to the provisions of Article XIII, 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. I ARTICLE XVIII - Effective Date This contract shall be effective on and from the day and year first a.bove written. _.-- . _- , -8- ATTEST x CITY OF CARI;SBAD APPROVED AS TO FORM: BY, RONALD C. PAC”, Mayor V City Attorney -9- e’ CIVIL. R; ENVIRONMENTAL ENGINEERING ENGPNEEWPNG ASSOCIATES LAND PLANNING AND SURVEYING PREVAILING HOURLY RATES* AUGUST 1, 1977 OFF1 CE d CA’TEGORY - FIELD Principal Consultant ........................ Principal. . Engi.neer ............. ; ........... Princi.p;l I . Plnnricr.. ....................... Principal . Surveyor. ....................... Division Chief .............................. Project Managers ............................. Project Engineer ............................ Engineer I11 ................................ Engineer I1 ................................. Designer .................................... Senior Draftsm .............................. Draftsm an................................... Engineer I.................................. Secretarial (Videotype . Composer) .......... Clerical .................................... Project Planner ............................. Engineering Aide ............................ RATE - $48.00 40.00 40.00 40.00 40.00 37.00 35.00 33 . 5.0 32.50 32.50 29.00 25.50 23.00 20.00 17.50 14.00 12.00 Resident Engineer.. ........... .: ............ $33.50 Supervising Inspector ....................... 26.00 Resident Inspector .......................... Field Survey Supervisor ..................... 29.00 3-Man Survey Crew ........................... 84.00 2-Man Survey Crew. 65.00 Electronic Meassuring Equipment .............. 2.5 x hourly wages .......................... 4 8.OO/day .. MISCELLANEOUS SERVICES AND EXPENSES Electronic Computer.. ................. ., ..... Prints ....................................... Cost Plus 20% Subsistence... ................................ Cost Outside Consultcant Servi.ce .................. ’ Cost Plus 10% Materials and Other Expenses ................ Cost Plus 20% $20.00 Mileage ..................................... O.ZO/Mile .- *All rates are subject to increase on/or about August 1, 1978 due to labor agreements, salary adjustments, and*increased business expenses. EXHIBIT “A“ 538 West Vista Way Melrose Center Vista, California 92083 Phone (714) 758-3680 * -4b-n Pqlifnrnia 92412 Phone (714) 084-0804 or (714) 825-9562