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Home My WebLink About1979-04-17; City Council; Resolution 57421 2 3 4 5 6 7 E 9 1c 11 12 12 14 1: 1( 1'; 1( l! 2( 2: 21 2: 24 21 2( 2' 2; I I RESOLUTION NO. 5 742 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 J I CARLSBAD. CALIFORNIA, APPROVING AN AGREE- ~NT BETWEEN THE CITY OF CARLSBAD AND c . M. ENGINEERING ASSOCIATES, FOR OPERATIONS AND ~INTENANCE AND CONSTRUCTION MANAGEMENT FOR S~LIDS HANDLING IMPROVEMENTS AT THE ENCINA W4TER POLLUTION CONTROL FACILITY. BE IT RaSOLVED by the City Council of the City of Carlsbad, California, 4s follows : I 1. That that certain agreement between the City of Carlsbad and C .M. Engineering Associates for consulting services for I operations and maintenance and construction management for solids handling imptovements at the Encina Water Pollution Control Facility, a iopy 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 ar)d directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, !APPROVED AND ADOPTED at a Regular Meeting of the I City Council/of the City of Carlsbad, California, held the 17th ~ ~ day of April , 1979, by the following vote, to wit: AYES: j Councilmen Packard, Skotnicki, Lewis and I Councilwoman Cas1 er , NOES: j /lone ABSENT:j Councilman Anear I I j ATTEST: _,-. C. AGREJ3lENT FOR CONSULTING SERVICES FOR OPERATIONS AND MAINTENANCE AND CONSTRUCTION MANAGE~~T FOR SOLIDS HANDLING IMPROVEMENTS 1. AT THE i ENCIN! WATER POLLUTION CONTROL FACILITY IN THE CITY OF CARLSBAD, 'CALIFORNIA I I THIS AGREEMENT mage and entered into as of the 17th day of April , 1979 II by and between C M Engineering Associates , I hereinafter referred to as "Consultant" and the City of Car~sbad, herein- i after referred to as I' WHEREAS, the City and maintenance of the WHEREAS, the City Committee to contract sulting and constructi ments at the Encina Wa WHEREAS, the firn posal in writing to PE WHEREAS, it is ac C M Engineering Assocj manner, at the time, i NOW, TJBREFORE, 1 ity". WITNESSETH: - is Administrator of the contracts for operation Joint Sewer System; and . has been authorized by the Encina Joint Advisory or services for operations and maintenance. con- n management services for solids handling improve- er Pollution Control Facility; and of C M Engineering Associates has submitted a pro- form the consulting services; and .antageous for the City to retain the services of .tes as Consultant to perform the services in the Id for the compensation set forth herein: Le parties hereunto agree as follows: . ' EXHIBIT "A" i I. I i ARTICLE I - Scope( of Consultant Services I Task No. 1 - Operations and Maintenance Consultation: Consultant will Grovide a basic 0 & M consulting service to Encina I 1 i which includes the foilowing: l a) Two visits ti the facility each week to discuss the operation with the operational staff in order to maintain a current un- derstanding bf the operational’ status, answer questions and I i offer suggeskions as the situation demands. Provision of/ a written monthly report to the Joint Advisory Committee sharizing Consultant activities ,. observations, and I I I b) I involvement /in the WCF. I c) Attendance dt the monthly JAC meetings to make verbal reports to the committee and to respond to the questions of the com- mittee regakding treatment plant operation and maintenance. I I In addition to $his basic service, Consultant will’be available on I an as-needed basis to advise and assist the operational staff. This will . include the availahiility of a sanitary engineer/licensed operator outside of normal business dours. j I 1 ‘ Task No. 2 - Construction Management Services: I Consultant wili provide the construction management services for the completion of the improvements to the solids handling system. vices are specified; as follows: mese ser- a) Provide thb necessary coordination and inspection for the com- pletion of1 the improvements to Digester Number 1. i -2- , ,. . +" ! L. .. ._ b) Provide the netessary contractor coordination and inspection for - I the improvements to Digester Number 3. / Task No. 3 - Assisbdnce in Obtaining a Temporary Dewatering Device: I Consultant will prkvide the necessary assistance and coordination re- 1 quired to obtain a temiorary dewatering device, coordinate its installation, provide on-site start-up services, and develop operational procedures. ARTICLE I1 - Compensation o & M Consultition: The basic 0 &IM service will be provided on a $650.00 per Gonth which will include up to 16 I If additionad time is requested beyond the 16 I .. flat fee basis of man hours per month. hours, this work will be conducted on a time and materials basis according to the attached hourly rate schedule identified as Exhibit "A", ConstructionlManagement Services: The construckion management services outlined above will be con- ducted on a :time and materials basis. The estimated cost figure for this podtion of the work is $4,000.00 and will be billed monthly acc rding to the attached hourly rate schedule identified as Exhibit ?A". I I I i i I I I I I I j I i Assistance $n Obtaining a Temporary-Dewatering Device: I The, servicek in connection with obtaining a temporary dewatering I device outdined above will be conducted on a time and materials basis. is $4;00O.d0 and will be billed monthly according to the attached 1 Tha estimated cost figure for this portion of the work I -3- i 0 hourly rate schledule identified as Exhibit "A". 1 ARTICLE XI1 - Prog4ess and Completion The Consultant sedices specified herein shall begin promptly follow- 1 iag writfen authorizati+n by the City. I The tasks describe? in Article I.will be provided on a continuing basis as required by thb City. ARTICLE IV - Guaralteed Maximum Fee The maximum fee fer professional services described in this contract I I shall be $12,000.00, I I ARTICLE V - Payment of Fee Payment will be made OR presentation of monthly invoices by the Con- I I sultant. Billing will: be broken down by task. ARTICLE VI - Resphsibility of the Consultant The Consultant 19;; hired to render a professional service only, and I I I any , may The payments made to vim are compensation solely for such services as he render and recommkdations he may make in the course of the project. Consultant makes Ao warranty, either expressed or implied, as to his I I I findings, recommendatkons I or professional advice other than they are pro- mulgated after follodkng a practice usual to the Consultant profession. , I I ARTICLE VI1 - Sdspension or Termination of Services ' The City shall dave the right to terminate tihis agreement and the ! work done under it af any time'without cause by giving the Consultant notice in writing. I I In the event of/ termination, the Consultant shall be paid for the I i 1 0 I i ' work accomplished td the date of termination. Upon request of the , i City, the Cofisultant shal;l assemble the work product and put same in or- der for proper filing and closing and. deliver said product to the City. In -such event, the Consudtant shall be 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, nor shall the total fee exceed the guaranteed maximum. I ! City shall mak4 I the final determination as to the portions of the tasks completed and the compensation to be made. .. ARTICLE I11 - Status of the Consultant I The Consultant shali I 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 ebployee of- the City. He shall be under control of the City only as to the result to be accomplished and personnel or con- struction fins to be assigned to the project. The professional firms to be assigned to the projelt shall be subject to the approval of the Encina I , , I . General Manger. I i ARTICLE IX - Confodnity to Legal Requirements The Consultant shalil cause all drawihgs and specifications to conform I I to all applicable requiriements of law; Federal, State, and local. He shall I provide the necessary copies I of such drawings and specifications , together I. with all necessary suppdrting documents, to be filed with any agencies I whose approval is neces5ary. ARTICLE X - OwnersAip of Documents All plans, studies4 sketches, drawings and specifications as herein I I I' I -57 .) I ~ required are the propedty of the City whether the work for which they are made be executed or no+!. In the event this contract is terminated, all documents, plans, specjfications , and drawings of the facility shall be I delivered forthwith to;the City. ARTICLE XI - HoldiHarmless Agreement The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, proper- ties, or effects of any person whatever, nor for personal injuries to or death of them caused by or resulting from any negligent act, error or omission of Consultant' or his agents , employees , or representatives. sultant further agrees/ to indemnify and save free and harmless the City and its authorized agents,! officers, and employees against any of the foregoing liabilities and claims/ therefor, and any cost and expense that is incurred by the City on account: of any claim therefor, including claims by reason of alleged defects in $he plans and specifications. I Con- I I I I i I I ARTICLE XI1 - Asskgnment of Contract The Consultant sdall not assign this contract or any part thereof or any monies due' or to 4ecome due thereunder without the prior written con- I I sent-of the City. i ARTICLE XI11 - Sulbcontracting If the Consultand shall subcontract any of the work to be performed I I under this contract bi the Consultant, he shall be fully responsible to the City sons either directly dr indirectly employed by the subcontractor, as he I I for the acts and omissions of his subcontractor and of the per- I ! I , ~ , I -6- ., .. ..I , I ' .u .i I I is-for the acts and omissi4ns of persons directly employed by him. Nothing contained in this contractishall create any contractual relationship be- tween any subcontractor of;the Consultant and the City. i The Consultant ,. shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to his work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XIV - Prohibiked Interest No official of the Ciby who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in nego- I ! tiating, making accepting,! or approving of any architectural, engineering inspection, construction, br material supply contractor, ox any subcontract in connection with the conistruction of the project shall become directly or indirectly interested perslonally in this contract or in any.part thereof. ! , I I No officer, employee, arc~itect, attorney, engineer, or inspector of or . for the City who is autho&zed in such capacity and on behalf of the City to exercise any executive,l supervisory, or other similar functions in con- nection with the performa4ce of this contract shall become directly or in- directly interested persoGally in this contract or any part thereof. I I I ~ I ARTICLE XV - Verbal &rcement or Conversation I No verbal agreement or conversations with any officer, agent, or em- ployee of the City, eithed before, during, or after the execution of this contract, shall affect orjmodify any of the terms-and obligations herein contained, nor such verbal agreement or conversations entitle the Con- I I i I -7- I _. - e. . I -. sultant to any addit<onal payment whatsoever under the terms of this co- tract. ARTICLE XVI - Suwessors or Assigns Subject to the provisions /e of Article XII, all terms, conditions, and I. I provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. l I I ARTICLE XVII - Effective Date This contract shajll be effective on and from the day and year first I above written. I IN WITNESS WHEREOF, we have hereunto set our hands and seals. I ATTEST : City Attorney SEAL .- CITY OF CARLSBAD --- -7 BY “iiONALD C. PACKARD, Mayor B