HomeMy WebLinkAbout1987-01-06; City Council; Resolution 89315
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RESOLUTION NO. 8931
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONSULTANT AGREEMENT FOR THE DESIGN
OF THE HOME PLANT SEWAGE PUMP STATION,
PROJECT NO. 3183
WHEREAS, proposals have been received by the City of
Carlsbad for the design of the Home Plant Sewage Pump Station;
and
WHEREAS, the firm of Almgren and Koptionak, Inc., has been
selected to perform the design services in a amount not to
exceed $35,000; and
WHEREAS, funds in the amount of $282,312 are available in
the project account No. 512-820-1850-3183 for the project
design services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and.correct.
2. That an agreement between the City of Carlsbad and
Almgren and Koptionak, Inc., for the design of the Home Plant
Sewage Pump Station, a copy of which is hereto marked Exhibit A
and made a part hereof, is hereby accepted.
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3. That the Mayor and the City Clerk of the City of
Carlsbad are hereby authorized and directed to execute said
agreement for and on behalf of the City of Carlsbad.
4. The Consultannt fee of $35,000 by Almgren and
Koptionak, Xnc., for the design of the Home Plant Sewage Pump
Station is hereby accepted.
PASSED, APPROVED AND ADOPTED a a regular meeting of the
Carlsbad City Council held on the 6th day of January , 1987,
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None
Claude A. Lewis, Mayor
ATTEST: . . . . - - .
ALETHA L. RAUTENKRANZ, City Cledk
(SEAL 1
AGREEMENT FOR DESIGN SERVICES FOR THE
HOME PLANT SEWAGE PUMP STATION
THIS AGREEMENT, made and entered into as of the day
of t 19 ? by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City," and
Almgren and Koptionak, Inc., hereinafter referred to as
"Consult ant. I'
RECITALS
City requires the services of an engineering consultant to
provide the necessary engineering services for preparation of
final plans and specifications for the Homeplant Sewage Pump
Station; 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 agree as
follows:
I. CONSULTANT'S OBLIGATIONS
Preliminary Investiqation and Design Report Phase
The 1984 update to the Sewer Master Plan for the City of
Carlsbad identified the need for a 2.83 cfs (Peak Wet Weather
Flow) sewer pump station to serve a portion of downtown Carlsbad.
The new pump station will completely replace the old one, which
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is prone to occasional overflows. Though d large amount of land
is available, the City wishes to situate the new station in such
a way as to utilize the remainder of the property in an effective
manner. The old pump station and trickling filter would be
demolished and the new station suitably fenced and landscaped.
The Consultant's work shall be performed by or under the
direction of William Koptionak, P.E. as Project Manager of the
firm.
a. Consult with the City's project manager and
Utilities/Maintenance Department to further define the
project requirements, review available data, and set the
project' schedule and administrative routines. Consult
with relevant regulatory agencies and affected
utilities.
b. Gather the necessary data for the design. Conduct a
geotechnical investigation and produce a soils report
with foundation recommendations. Perform the necessary
survey and topographic work and investigate existing
utilities.
c. Prepare a design report containing schematic layout of
site, architectural and mechanical elements, sketches,
and design criteria. The report should identify
potential problems (such as the suitability of the
existing 12-inch force main) and alternative solutions,
as well as the engineer's recommendations.
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d. Prepare a preliminary Engineer's estimate of probable
construct ion costs.
e. Meet with the City to review work and provide input and
changes as necessary.
Desiqn Phase
a. Continue to confer with the City and maintain contact
with affected utilities.
b. Prepare the final, detailed, contract drawings on
standard City mylar sheets based on the approved
preliminary design.
C. Write and complete the specifications, special
provisions, and contract documents per City standards.
d. Prepare an Engineer's estimate of construction costs.
e. Supply five (5) sets of plans and specifications for
review by the City. After the City Engineer signs the
plans, provide thirty (30) sets to the City .for
bidding.
f. Attend the pre-bid meeting and assist in the advertising
and bid evaluation/award process.
9. Present the plans to the City Council.
Construction Phase
a. Consult with and advise the City during construction.
Write memos and/or provide sketches to resolve problems
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or questions regarding the project. Review required
change orders and make recommendations as to the
acceptability of the work.
b. Check detailed construction, shop and erection drawings
submitted by the contractor for compliance with plans,
specificat ions and design concepts.
c. Make periodic site visits to observe the progress and
quality of the work and make appropriate reports and/or
recommendations to the City.
d. Observe initial operation and performance tests of the
project.
e. Make a final inspection of the project and report on the
projects completion.
CITY OBLIGATIONS
a. Project Management and Administration - The City,
through its Project Manager, will answer questions of
project definition and scope, and administer the design
contract. City personnel will meet with the consultant,
as required, to provide guidance and direction.
b. Environmental - the City will prepare and obtain any
environmental clearances required.
c. Permits - City will apply for and obtain the Coastal
Development Permit, and any other required permits.
d. Plan Review and Approval - the City will review the
preliminary report and final plans and return them,
together with comments, within ten (IO) working days.
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Review time will be added to the length of the
contract.
e. Construction - the City will prepare agenda bills,
obtain a contractor and administer the construction
contract. The City will also perform the technical
observations of the construction, performing the
necessary inspection, tests, and surveying, as well as
coordinating the construct.ion with utilities.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) days
after receipt of notification to proceed by the City. Consultant
shall complete plans and specifications, signed by the City
Engineer, within six (6) months of the Notice to Proceed. City
review time is not included. 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 CONSULTANT
The lump sum, not to exceed, fee payable according to
Paragraph 5, "Payment of Fees", shall be $35,000. This fee
covers work only for allowing two (2) phases in the Scope of Work
(Preliminary Investigation and Design Report, and Design).
Payments for Phase 3 (Construction) shall be additional and made
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on a time and materials basis. 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
Monthly payments of fees for Phases 1 and 2 shall be made
for time and materials up to $12,250 for Phase 1 and $22,750 for
Phase 2, a total of $35,000.
6. FINAL 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.
b. All final engineering certifications and documents. The
plans shall be signed by a Registered Civil Engineer
. and/or Registered Landscaped Architect, as appropriate.
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
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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 Regional Standards shall be used where appropriate.
Copies of such standards shall be obtained from the City of
Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
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,
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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. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
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
c omp 1 et ed . Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
Contract.
12. DISPUTES
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 interpretat.ion not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
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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
City Council for their resolution through the Office of the City
Manager. The City Council may then opt to consider 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. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of
designing and drawings for the Homeplant Sewage Pump Station 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, (or Landscape
Architect’s registration number).
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
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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.
15. STATUS OF THE CONSULTANT
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.
The Consultant is an independent contractor of the City.
The payment made to the consultant pursuant to this contract
shall be the full and complete compensation to which the
consultant is entitled. The City shall not make any federal or
state tax withholdings on behalf of the consultant. The City
shall not be required to pay any workers compensation insurance
on behalf of the consultant. The consultant agrees to indemnify
the City for any tax, retirement contribution, social security,
overtime payment, or worker's compensation payment which the City
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may be required to make on behalf of the consultant or any
employee of the consultant for work done under this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
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. Before delivery, Consultant shall have
the right to make copies for his/her records and reuse his copies
for other clients.
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
intentional or negligent acts, errors or omissions of Consultant
or Consultant's agents, employees, or representatives.
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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. These provisions apply only to work
performed under this agreement.
19. ASSIGNMENT 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. SUBCONTRACTING
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
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 subcontractor 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.
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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.
22. VERBAL AGREEMENT OR CONVERSATION
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, "Hold 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.
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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 in accordance with
the requirements of the City of Carlsbad Conflict of Interest
Code.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
ALMGREN AND KOPTIONAK, INC. CITY OF CARLSBAD:
By
Mayor
Title
APPROVED AS TO FORM:
Assistant City Attorney
ATTESTED:
- City Clerk