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HomeMy WebLinkAbout1985-12-17; City Council; Resolution 8301b 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. 8301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAy APPROVING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FRASER AND ASSOCIATES FOR ENGINEERING SERVICES FOR PROJECT NO. 3201.. 1985-86 CAPITAL IMPROVEMENT PROGRAM The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Fraser and Associates for engineering services for Calavera Hills Effluent Disposal Line (Project No. 3201), a copy of which is attached (Attachment A), 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 Carlsbad City Council held on the - 17th day of December 9 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY H~CASLER, Mayor ATTEST: /- AdTHA L.'RAdENKR&Z, City Clerk R. KUNDTZ, Deputy AGREEMENT FOR CALAVERA HILLS EFFLUENT DISPOSAL LINE THIS AGREEMENT, made and entered into as of the - day of 9 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as llCity,ll and FRASER AND ASSOCIATES, hereinafter referred to as "Consultant." RECITALS City requires the services of FRASER AND ASSOCIATES to provide the necessary engineering services for preparation of final plans and specifications for Calavera Hills Effluent Disposal Line; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant aqree as follows: 1. COHSULTAHT'.S OBLIGATIONS See Attachment A - "Detailed Consultant Scope of Work" Attachment B - "Performance Criteria/Controls". 2. CITY OBLIGATIONS The City shall: A. Make available upon request any existing: EDL plans, easements, street improvements, survey data, hudraulic 3 -2- criteria/calculations in its possession for the proposed work. 8. Supply blank mylars (with City title block and borders) necessary for the project. C. Provide review of Consultant's submittal in accordance with an agreed upon schedule. D. Provide payment within thirty (30) days of approval by the City Engineer. E. Provide projected wastewater flows into WWTP based upon the City's current Sewer Master Plan. 3. PROGRE.9S AND C0,MPLETION The work under this Contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within ninety (90) calendar days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the 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 Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO-BE PAID-TO CONSHL._TANf The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $66,000.00 consisting of $6,500.00 for Phase 4 -3- I, IIPreliminary Study Report" and $59,500.00 for Phase 11, "Design" (including $2,000.00 for right-of-way services, if required). No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES . Payment of fees shall be upon delivery of approved final documents. Delivery of an approved final Phase I, "Preliminary Study Report" shall entitle the Consultant to the payment of $6,500.00, and delivery of the remaining approved final design documents shall entitle the Consultant to the payment of the balance of $59,500.00. Because of the possible delays to this project by interfacing with other City projects, the City Engineer is authorized to make Itprogress payments" to the Consultant when and if the City Engineer deems necessary. 6. FIMAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: A. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. Blank mylars will be provided by the City. 6. All final engineering certifications, documents, and plans shall be signed by a Registered Civil Engineer with R.C.E. number provided. 5- -4- number provided. 7. CHANGES IN -WORK If, in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. DESIGN.STANDARDS The Consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Reqional Standards shall be used where appropriate. Copies of such standards shall be obtained from the -5- working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City 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 fee, gift, or contingent fee. IO. NOMDISCRIMENATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION --O,F CON,TRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City 7 -6- progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. Final payment shall be in compliance with the Code of Federal Regulations. 12. DISPUfE.5 If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the .. -7- City Council for their resolution through the Office of the City Manager. The City Council may then opt to consid.er the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RES~OHSIBILIT~Y OF THE CO.NSULfANT The Consultant is hired to render professional services of designing and drawings for Calavera Hills Effluent Disposal Line and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number. 14. SUSPEN,SI,ON-OR -TERM~HATION-BF-3ERVI~E~ This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. -0- 15. STATUS *qF THE-C~OHSttLTAWf The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 16. COHFORMITY.TO LEGAL RE€!UIREMEN,TS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal; State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. OWNERSHIP. OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the contract documents and design manual for his/her records. -9- 18. 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 or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 19. AS9IGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20, SUBCOMTRACTIMG If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or - 10 - indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcon.tractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED-INTEREST - No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. - 11 - 22. VERBAL-BGREEMENT~OR-CONVER5ATlON No verbal agreement or conversation 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. 23. SUCCESSORS OR-ASSIGNS Subject to the provisions of Paragraph 18, ‘IHold Harmless Agreement”, all terms, conditions, and provisions hereof shall insure 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 above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. - 12 - IN WITNESS WHEREOF, we have hereunto set our hands and seals. FRASER AND ASSOCIATES CITY OF CARLSBAD: AT TESTED: : City 'Clerk e CALAVERA HILLS EFFLUENT DISCHARGE LINE DETAILED CONSULTANT SCOPE OF WORK PHASE,€: -PRELIMINARY 3-T-UDY-REPQRf A. Verify project justification. 1. Investigate/briefly outline historic background of project. 2. Research and verify the design criteria used for the San Marcos County Water District's Ocean Outfall Failsafe Pipeline. Verify that the pipeline was designed to operate under pressure and establish the maximum acceptable hydraulic grade 1 ines. 3. Define historic and appropriate service area tributary to existing Calavera Hills Wastewater Treatment Plant/EDL. 4. Identify potential users of effluent. 5. State/evaluate original design controls/criteria (obtain inputs from original plant designer). 6. Evaluate the "No Project" alternative (i.e., RW4BC mag allow Advanced Water Treatment Effluent to be discharged into storm sewers). 7. Evaluate present and future need for this project. ATTACHUENT A -2- B. Identify present design criteria/controls. 1, Researeh and verify Carlsbad's contractual capacity rights in the San Marcos County Water District's Ocean Outfall Failsafe Pipeline for various reaches along Palomar Airport Road. 2. Determine estimated peak hydraulic capacity of WWTP; and determine physical requirements necessary for WWTP to receive and discharge wastewater flow. 3. Determine proper effluent disposal line (EDL) design flow in light of design capacity of Lake Calavera Hills Wastewater Treatment Plant. Include plans and specifications for one treated wastewater effluent pumping station. 4. Determine estimated quantities of effluent which could be used by potential "customers" and seasonal variations in these needs. 5. Develop preliminary alternative alignment/designs for the Calavera Hills Effluent Discharge Line. 6. Provide prelim.inary cost estimates for various alternatives for project, screen alternatives and select most cost effective alternative in light of City's needs, requirements and resources, ATTACHHENT A e -3- 7. Critique investigation findings with City staff, prepare and submit report. 8. Assist City's staff with presentation of Preliminary Study Report to City Council. PHASE ,I€: DESIGN After City defines facility(ies) to be constructed as a result of the work performed in Phase I, the Consultant shall submit a complete civil design package, which shall consist of the following: 1. Utility research and provision of utilities and tentative disposition of relocation of any interferring utilities. 2. Complete, verifiable (or "easy to follow") calculations of all necessary hydraulic design calculations. 3. A complete set of reproducible plans in accordance with City requirements. Drawings shall be neat and legible, with dimensions to all installations. Details should provide for clear and definite manner of installation. Type, grade and quality of all materials required should be clearly indicated. Include plans andd specifications for one treated wastewater effluent pumping station. 4. Plans and specifications shall be certified as to correctness, and signed by a Registered Civil Engineer with R.C.E. number provided. ATTACHMENT A -4- 5. Specifications shall conform with appropriate City standards and the 1985 edition of APWA's Standard Specfffcations for-Public-Works-Construction. 6. The following items should appear on the final drawings (the list is indicative, not exhaustive): a. A plan and profile of the effluent disposal line. b. Existing or proposed utilities with current ownership and disposition. C. Trenching details and surface restoration. 7. Final quantity and cost estimates. 8. All plans and specifications, and submitted items, shall be developed in a form satisfactory to the City. 9. Easement and property acquisition as requested by the City including but not limited to: land title reports; meetings with property owners, City staff and City Officials; acquisition of land evaluation reports; and all related tasks necessary to obtain required rights of entry. This item is to be billed as a separate item, but included in the total Consultant's fee for the project to the maximum amount stipulated for one pump station site. ATTACHHENT A -5- 10. 11. 12. Preparation of Environmental Checklist and other documents required to comply with California Environmental Quality Act. Prepare drafts of City Council Agenda Bills and Resolutions. Provide resources necessary to present these studies and design results in whatever public forum the City feels is necessary. Included are: one City Council meeting to present preliminary plans and specifications and costs, and one City Council meeting to present final plans and specifications and cost. Other meetings will be attended as requested. 13. The proposal is intended to be all inclusive, therefore, includes all the services necessary to take the projects through design. ATTACHMENT A IY PERFORMANCE CRITERIA/CONTROLS Performance criteria/controls imposed by the City on this agreement and/or project include: 1. NO- CHtNGES TO. SCOPE except at the specific request of the City and then only with Copious Justification. 2. All work items necessary for successful completion of this project are included in original fee - NO lJAdd.-Ons,lJ except right-of-way support identified as Item 7 on the 2nd page of the Consultant's "Project Approach and Scope of Services1' section under "Alternative A" will be considered. 3. SPECfFle, - P.Os€?I.VE PROGRESS toward accomplishment of this project will be monitored VERY CLOSELY and any work determined by the City to be unacceptable will result in IMMEDIATE TERMINATION of this agreement. The Consultant agrees to immediately deliver to the City all original documents, notes, worksheets, calculations, drawings, and other work in progress on this project upon any such termination of this agreement. Consultant shall have the right to make one (1) copy of the plans for his/her records. - 4. NO P13BLIE. S.T.A,T.EMEHTS will be made by the Consultant without prior, written approval by the City Engineer. ATTACHMENT B