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HomeMy WebLinkAboutJohn Powell & Associates Inc; 1992-12-11;7 0 0 ! AMENDMENT NO. 3 TO AGREEMENT This Amendment is entered into and effective as of the 3-4 day c , 199b , amending the agreement dated December 11.1992, b and between the Carlsbad Municipal Water District, a municipal corporation, hereinafte referred to as "District", and John Powell 2% Associates, Inc. hereinafter referred to as, "Contractor" for (description of proiect) Maerkle Reservoir Covering and Lining CMWD Project No. 90-109 RECITALS WHEREAS, the initial agreement, dated December 11, 1992. identifie a scope of work; to perform engineering services for the covering and lining of Maerkll Reservoir, CMWD Proiect No. 90-109. as described in Exhibit "A" attached thereto ar made a part thereof ;z WHEREAS, the parties to this aforementioned agreement desire to alter tl scope of work as follows: described in Exhibit "A" attached hereto and made a pz hereof ; ai 10/16/ 0 0 *- WHEREAS, Contractor possesses the necessary skills, experiencc professional expertise, financial abilities, and other qualifications to provide said service required by District; and WHEREAS, a supplemental scope of work and fee schedule have bee negotiated and agreed to between the parties hereto, and as shown on Exhibit "A' Scop of Services and Fee; and WHEREAS, the Carlsbad Municipal Water District, Carlsbad, Californi: hereby finds it necessary, desirable, and in the public interest to proceed with thi Amendment No. 3 for said additional work. NOW, THEREFORE, in consideration of these recitals and the mutu covenants contained herein, District and Contractor hereby agree as follows: 1. Contractor shall provide services as outlined on the attached Exhibit "A 2. District shall pay Contractor for all work associated with Paragraph above, on a time and materials basis not-to-exceed $ 7,500.00 . Contractc shall provide District on a monthly basis, copies of invoices sufficiently detailed to incluc hours performed, hourly rates, and related activities and costs for approval by Distric 3. All other provisions of the aforementioned agreement entered into c December 11, 1992 , by and between District and Contractor shall remain in full forc and effect. 1 0/16/ 0 6 -7 4 Y 4. All requisite insurance policies to be maintained by the Contractor she include coverage for the amended assignment and scope of work. Acknowledged and Accepted: CONTRACTOR: CARLSBAD MUNICIPAL WATE~ DISTRICT, a municipal corporation of th State of California JOHN POWELL & ASSOCIATES, INC. (name of Contractor) /4glf&xp- / i $CJL By: By: Robert J. Grdaney. Gene Executive Manager or Mayor John M. Powell. President ATTEST: (print namehitle) By: hf?4h (sign here) ALETHA L. RAUTENKRANZ Secretary p-30-76 (print name/title) DATE (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign fc corporations. If only one officer signs, the corporation must attach a resolution certifie by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel BY 10/16/ e 0 -. L7 V EXHIBIT "A" (PAGE 1 OF 1) SCOPE OF WORK 1. In order to comply with meeting the requirements of the Division of Safety ( Dams, prepare plan and profile drawings for the 30" diameter storm drain to t: located on the right edge of the dam embankment. Prepare plans for a storm drain inlet structure and an energy dissipation structur where the storm drain will terminate. SERVICES TO BE PROVIDED BY THE DISTRICT It is understood that the District will provide any additional needed surveys an topographic mapping through its survey consultant, Right of Way Engineering. 2. CMWD 90-109 1011 619 0 0 c Y STATE OF CALIFORNIA I j ss. COUNTY OF s&& 0)gbQ J I On before me, N0l.kJ-k a<- GA@&S6!d personally appeared z-&w h.BLL'U---- NAME, TITLE OF OFFICER NAME(S) OF SIGNER@) mersonally known to me - OR - c] J to be the person name@ ishe subscribed to the within instrument and acknowledged to me that he+&te#tq executed thc hi-ir authorized capacity(*, and that by hi- * signature+$- on the instrument the person,& or upon behalf of which the personCsyacted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document &2i$& &b +-?> /&JYw y we Date of Document No. of Pages 4 Signer@) other than named above CMWD %-/09 06/1 bd RBTE IT- DaN5T s F! Date March 22 0 Reply Wanted To File From Isabelle Paulsen CiNo Reply Necessary Sandy Schuck was provided copies f the signed agreement with John Powell & Associates. One copy was for CMMD files, and the other was for the consultant. A note was written to Sandy explaining that because this agreemen went before the Water Board, that the original would be filed in the City Clerk's vault. PRI? 4 * 8' 7 .- *' 1 2 3 4 0 0 SUPPLEMENTAL AGREEMENT FOR CONSULTANT SERVICES FOR THE PREPARATION OF COVERING AND LINING OF MAEFXLE RESERVOIR - CMWD PROJECT NO. 90-109 THIS SUPPLEMENTAL AGREEMENT IS MADE THIS 17th 21 22 23 24 25 26 27 28 NOW, THEREFORE, in consideration of their n covenants and conditions, the parties hereto agree to suppl the Agreement by the addition of the following: SECTION 1. o CONSULTANT'S OBLIGATIONS is amended as follc Additional items added. to Scope of Work, as described in Exhib: attached hereto and made a part hereof. 1 9/11, . 4 1. 3 * EES TO BE P Fees to b ONSULTANT eement sh et our hand LSBAD MUNICIPAL & ASSOCIATES, INC. r/ ! JDHN M. POWELL ‘f Name 1 PRESIDENT (Title) ALETHA L. RAUTENKRANZ ED AS TO FORM: 2 911 ir QvlwD 90-109 I' 94 1' # ' 2 3 4 0 0 NOTARY ACKNOWLEDGEMENT FOR 1 i*d ~ 4 %. State of UU~+C~A~J-AU ! p 8' < 1 ss County of ,pghc- /L~!L~*~~~' 1 i s." . * \ 0 EXHIBIT "A e -8 , Isr I Paae one of one I SCOPE OF WORK WATER COMMISSION STUDIES As discussed, we have prepared a preliminary evaluation of a water treatment facility tl replace covering and lining of the reservoir. This study included developing preliminar size, layouts and cost opinions for the construction of a water treatment facility that coull replace the covering and lining of the reservoir. This facility included a direct filtratio water treatment facility using conventional gravity or pressure filters as well as comparative life cycle economic evaluation of the various options. In addition, WI prepared a cost opinion and short discussion for the construction of a reinforcec concrete liner in lieu of a porus asphalt liner as recommended in the predesign report These additional studies have included, to date, the investigation and writing of two lette reports to the District (dated July 27, 1993 and October 2, 1993), attendance to severi meetings with the District and preparation of flow schematics and a site layout for thc proposed treatment facility. In addition, it is planned to revise our October 12 letter ii accordance with your comments and prepare for and make a presentation to thl Commission on November 10, 1993. ADDITIONAL DESIGN SERVICES 1. Reservoir Access Perimeter Road. In our initial discussions with the Distric Engineer, it was stated that the need for a reservoir perimeter access road was no clear, so for purposes of the proposal, it should not be included in the scope However, during the predesign phase, it was determined that a perimeter acces: road was required for access to the floating cover, and is an important element o the project. Access Walkway and Stairs. In those areas where a perimeter access road i: not feasible due to the topography, as access walkway and a series of stairway: will be designed to provide access to the reservoir. Once again, these facilitie: were not envisioned in the original scope. Drainage Diversion Channel. The existing diversion channel in unlined and ir some areas ponding of water occurs during rainstorms. As with the access road based on our discussions with the District staff, the need for improvements to thf channel was undetermined at the time of our original proposal, and we were directed to assume no work would be required. As a part of the predesign study, it was found that the existing channel did not function well and was in need oi substantial improvement. As a result this channel will be regraded and lined witt- concrete to promote drainage and prevent water from moving toward the reservoir Additional survey and topographic mapping will be required to perform the desigr of the drainage channel. Since the District performed the initial surveys anc topographic mapping for the project, it is our understanding that the District woulc have its survey consultant perform the additional survey work. 2. 3. December 18, 1992 John Powell & Associates 175 Calle Magdalena, Suite 101 Enchitas, CA 92024 Re: Agreement for Engineering Services for the Design Report and Plans and Specifications for the Covering and Lining for Maerkle Reservoir The City of Carlsbad approved an agreement with John Powell & Associates on December 8, 1992, to provide engineering services for the Design Report and Plans and Specifications for the Covering and Lining for Maerkle Reservoir. In accordance with Section 25 of the agreement, you are required tc file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. Anyone in the company who is working on this city project must file Form 730, Statement of Economic Interests, and must report investments and interests in real property, Disclosure Category 1, which includes Schedules A, B, C-1 and C-2. Schedules D through H are not applicable to your disclosure category. Enclosed for your use in meeting the filing requirements is a Form 730 and Instructions, and a copy of the Appendix to the Local Conflict of Interest Code. We will provide additional forms upon request. Your completed Assuminq Office Statement is due in the City Clerk's Office no later than 5:OO p.m., on January 22, 1993. If you have any questions, please call me at 434-2808. b $.(=d-.-h--, ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280; -7 f* 9+. ., IO 1 2 3 4 5 e 0 AGREEMENT THIS AGREEMENT, made and entered into as of the of , 19-, by and between the CAI MUNICIPAL WATER DISTRICT, hereinafter referred to as IIDist: and JOHN POWELL & ASSOCIATES, INC. hereinafter refer: as ~~Consultantl~. e -1 + I .- -. ' 2 3 4 5 0 e 2. DISTRICT OBLIGATIONS The District shall 1. Furnish all Water District Plans - on@ copy, 2. Plan Check at 90% and 100% submittal, 3. Furnish Boiler Plate of the Standard Specifications, 21 22 23 24 25 26 27 28 Paragraph 6, "Paymc Fees," shall be $ 119,300.00 . No other compensation for sei will be allowed except those items covered by suppler agreements per Paragraph 8, "Changes in Work.'I 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from the date thereof. The contract may be extended for QI& additional one (1) year periods or parts thereof, based satisfactory performance and the District's needs. 2 4/3/9 , .. u .. 1 2 3 4 0 0 6. PAYMENT OF FEES Payment of fees shall be upon delivery of approved fin; Monthly Invoices 7. FINAL SUBMISSIONS 20 21 22 23 24 25 26 27 28 estimated changes in charg chedule. A suppler agreement shall be prepared by the District and approved 1: District. Such supplemental agreement shall not render ineff< or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not emploj retained any company or person, other than a bona fide em] working for the Consultant, to solicit or secure this agrec and that Consultant has not paid or agreed to pay any compi 3 4/3/53 -. - 1 2 3 4 I 0 0 person, other than a bona fide employee, any fee, commi: percentage, brokerage fee, gift, or any other conside: contingent upon, or resulting from, the award or making 01 agreement. For breach or violation of this warranty, the Dii 21 22 23 24 25 26 27 28 ased upon the doc1 delivered to District of the percentage of work whicl Consultant has performed which is usable and of worth t District in having the contract completed. Based upon that fi as reported to the General Manager, the General Manager determine the final payment of the contract. 12. DISPUTES If a dispute should arise regarding the performance of under this agreement, the following procedure shall be us 4 4/3/91 -2 .- - .- 1 2 3 4 0 0 resolve any question of fact or interpretation not othf settled by agreement between parties. Such questions, ij become identified as a part of a dispute among persons ope: under the provisions of this contract, shall be reduced to w: 20 21 22 23 24 25 26 27 28 This agreement may b tendering thirty (30) days written notice to the other part the event of such suspension or termination, upon request 1 District, the Consultant shall assemble the work product a same in order for proper filing and closing and delivex product to District. In the event of termination, the Cons shall be paid for work performed to the termination date: ho the total shall not exceed the total fee payable under paragr The District shall make the final determination as to the PO 5 4/3/9 ._1 ..- ' 2 3 4 0 0 of tasks completed and the compensation to be made. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for I in Consultant's own way as an independent contractor and in pi 20 21 22 23 24 25 26 27 28 The Consultant shall the requirements c Immigration Reform and Control Act of 1986 and shall compl! those requirements, including, but not limited to, verifyii eligibility for employment of all agents, employees, subcontri and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specificati conform to all applicable requirements of law: federal, sta. local. Consultant shall provide all necessary suppc 6 4/3/9 -7 ' 2 3 4 0 0 documents, to be filed with any agencies whose approv necessary. The District will provide copies of the approved plans ' other agencies. 21 22 23 24 25 26 27 28 goods, properties, or effects of any person whatever, nc personal injuries or death caused by, or resulting fron: intentional or negligent acts, errors or omission of Consulti Consultant's agents, employees, or representatives. Cons1 agrees to defend, indemnify, and save free and harmles District and its officers and employees against any o foregoing claims, liabilities, penalties or fines, inc liabilities or claims by reason of alleged defects in any pla 7 4/3/9 .+ ~. ' 2 3 4 0 0 specifications, and any cost, expense or attorney's fees whic incurred by the District on account of any of the foregoing 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or an1 20 21 22 23 24 25 26 27 28 District. 21. PROHIBITED INTEREST No official of the District who is authorized in such ca on behalf of the District to negotiate, make, accept, or ap or take part in negotiating, making, accepting, or approv this agreement, shall become directly or indirectly inte personally in this contract or in any part thereof. No offi employee of the District who is authorized in such capacity behalf of the District to exercise any executive, superviso 8 4/3/9 I 2 3 4 5 0 0 similar functions in connection with the performance of contract shall become directly or indirectly interested persc in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, 21 22 23 24 25 26 27 28 t of Interest Stal with the Secretary of the Board of Directors in accordance wi. requirements of the Carlsbad Municipal Water District Confl: Interest Code. The Consultant shall report investment interests in real property. 26. INSURANCE The Consultant shall obtain and maintain policies of gc liability insurance, automobile liability insurance, and a con policy of worker's compensation and employers liability ins1 9 4/3/93 >.' ,9 1 2 3 4 0 0 from an insurance company authorized to do business in the St California in an insurable amount of not less than one m dollars ($1,000,000) each, unless a lower amount is approved General Counsel or the General Manager. This insurance shall 21 22 23 8 24 U 25 t * -4 \ 26 27 28 (Proper notarial acknowledgment of execution by CONSULTANT mi attached. ) /// /// /// /// /// /// /// 10 4/3/91 CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT ~L~~~-~~~-q+ CAPACITY CLAIMED B'I Though statute does not require fill in the data below, doing sc invaluable to persons relying on th [7 CORPORATE OFFICE1 TITLE@) personally appeared subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ATToRNEY-IN-FACT TRUSTEE(S) [7 GUARDIAN/CONSERV SIGNER IS REPRESEh NAME OF PERSON(S) OR ENTITY( OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT a1992 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 Canoga ,* ’ 2 3 4 0 0 (President or vice-president and secretary or assistant sec. must sign for corporations. If only one officer signs corporation must attach a resolution certified by the secret assistant secretary under corporate seal empowering that offi bind the corporation. ) APPROVED AS TO FOW: 0 0 .. EXHIBIT "A" SCOPE OF WORK PREDESIGN STUDY 1. REVIEW BACKGROUND DATA. Review relevant data available from the District including master plans, previous construction drawings and specifications and applicable "As Built" drawings. REVIEW EXISTING SURVEY. Review existing ground control and aerial survel information completed by Right-of-way Engineering Services, Inc. Determine surve! adequacy and compatibiIity with Consultant needs and methods for preparation o final design documents. SITE INVESTIGATION. Complete site visit to review existing conditions. Collec available information and identify any needs for updating existing surveys anc photogrammetry or existing record drawings. 2. 3. 4. GEOTECHNICAL RECONNAISSANCE. Through a selected subconsultant complete a field reconnaissance and review of existing geotechnical data and makc recommendations as to potential geotechnical hazards that may exist on the site This would include a field visit by the geotechnical subconsultant. Review existiq record drawings of the existing reservoir embankment and comment on the genera suitability of the existing embankment to continue to serve its intended purpose Discuss what potential impacts may occur to the embankment, particularly the cla: core, when the reservoir is lined and the embankment is converted from a saturate( condition to a dry condition. The selected geotechnical consultants, Moore anc Taber, have extensive reservoir experience and will perform this phase of the projecl SURFACE DRAINAGE. Review the existing brow ditch around the reservoir tc determine if it is adequate to divert surface runoff. Prepare a preliminary hydrologil study to estimate amount of runoff that may be experienced. Identify an: deficiencies in site drainage or disposal of runoff. RESERVOIR LINER. Prepare a preliminary design of HDPE liner for thr reservoir. Issues to be considered included reservoir contours and depth, suitabilit for potable water use, attachments at inlet, outlet, and spillway, life and cost. Minc to moderate regrading of the reservoir may be recommended in order to facilitat design and construction of the cover. Note: The District may want to consider th use of other liner types, including Hypalon and polypropylene. Bill Kays of Glob Consulting will provide extensive input into this portion of the study. Through hi 5. 6. 1 .. 0 e .. IC .- many years of experience, the District can be assured that all pertinent lining issue5 will be addressed. INLET AND OUTLET. outlet pipelines, Discuss how new pipelines will tie into existing pipelines. SPILLWAY. Prepare a preliminary design concept for a new spillway. This ne- spillway must be compatible with the floating cover. Perform a reconnaissance level study of the canyon downstream of the spillway and determine any significant issues relative to the discharge of water through the spillway. OUTLET TOWER. Prepare a preliminary design concept for a new outlet works to allow for the discharge of water at various elevations within the reservoir. An outlet facility that is installed on the inside slope of the reservoir may be preferable to an outlet tower. Outlet towers are difficult to design with a floating cover and require substantial foundations to make seismically stable. Mr. Ben Hildyard will provide input into the design of the inlet, outlet and outlet tower facilities. His vast experience in dam design will provide invaluable assistance in this area. 7. Prepare a preliminary design concept for new inlet and 8. 9. 10. POWER REQUIREMENTS. Identify electrical power requirements for the reservoir, including inflation blower, site lighting and power tools. Recommend additions to power facilities at the reservoir. FLOATING COVER. Prepare a preliminary design concept for the floating cover. Investigate the different floating cover designs currently being used. Determine the advantages and disadvantages of each floating cover system and recommend s floating cover design. Address the major design issues including, cover design material, attachment to curb, rainwater removal, inflation hatches, access, washdow water, etc. Bill Kays has done over 14 floating cover projects in the last 5 years anc will use his knowledge and experience to assist the JPA team in selecting the besi cover design for the District. SITE PLAN. Prepare a preliminary site plan that addresses the major site issue: requested by the District Engineer including reservoir regrading, washdown water inlet and outlet pipelines, outlet works, and spillway. DESIGN CRITERIA. Prepare for and meet with the District to establish desigr criteria for the reservoir appurtenances including but not limited to valves, pipe size! and materials, thrust and restraint requirements, foundations, circulation anc discharge location of overflow piping, and corrosion control. Coordinate wit€ District on the selection of materials. SAFETY OF DAMS. Conduct a preliminary discussion with the State Departmen, of Safety of Dams to identify key issues which the State may require incorporatin! 11. 12. 13. 14. 2 0 e >. I. .. in the project. PRELIMINARY COST OPINION. Develop preliminary opinion of cost for the recommended improvements. CONTROL SYSTEMS. Meet with the District to review their requirements for level monitoring for the reservoir. Provide a functional description of recommended reservoir monitoring systems. KICK-OFF MEETING WITH THE DISTRICT. Attend kick-off meeting with the District to discus; major study issues. DESIGN REPORT. Prepare and present a conceptual design report to the District for its review and approval. The District will review and comment on this submittal and provide John Powell & Associates, Inc. with its written comments. The District's comments will be incorporated and this revised report will be the basis for the detailed design of the project. The final report would include opinion of probable cost and an overall project schedule including design, construction, other requirements for the project completion. This final report would include summary of finding and conclusions. PRESENT RESULTS. After collection, review, and preliminary evaluation of all of the above data, meet with District personnel to discuss preliminary findings: conclusions, and recommendations for the completion of the project. 15. 16. 17. 18. 19. DETAILED DESIGN PHASE The following is a preliminary scope of services based on our current understanding of the project. The Detailed Design Phase will consist of the following tasks: 1. F'INAL GEOTECHNICALINVESTTGATIONS. Through a selected subconsultant prepare final detailed site investigation and analysis of the geotechnical condition! on the site, This final project geotechnical report would include recommendatior on slope stability, bearing capacities, seismic design considerations, compactior requirements, corrosivity and any unusual soil conditions which may impact the detai design. FINAL DESIGN DRAWINGS. Prepare final design drawings for the reservoii cover, liner, spillway inlet and outlet piping modifications and outlet facility. DesigI 2. 3 0 e .* 1i A .. disciplines involved include civil, structural, electrical for lighting and power only, and control systems for level sensing only. The final design will be based on the design report. Selected plans would be prepared on Auto-Cad with DCA support. Specific civil items included in the design are reservoir cover, liner, spillway, outlel structure located on the reservoir slope, inlet pipe modifications, outlet pipe valving modifications and washdown water system. Electrical scope items include power for cover drainage and a level sensor for reservoir water elevation. Stuctural scope items include spillway, outlet works and perimeter curb. 3. SPECIFICATIONS. Prepare technical specifications necessary to construct the project. The District will provide the front end ("boilerplate") documents including the general conditions. John Powell & Associates, Inc. will review and comment of on the front end documents and submit its comments to the District for approval and work processing. John Powell & Associates, Inc. will prepare the technical specifications for the remainder of the project. CEQA REVIEW. Provide project description as part of the conceptual design report to support preparation of the necessary CEQA documentation to be prepared by another consultant under separate contract to the District. TECHNICAL REVIEW COMMITI'EE. At key points in the design, the Technical Review Committee would be convened to review the progress of the design, ensure that budget and schedule are being met. 90% SUBMITTAL. Submit construction drawings and specifications to District for review at 90% completion stage. The District will review the drawings and specifications and return one set to John Powell & Associates, marked with the District's comments. John Powell & Associates, Inc. will incorporate the District's comments into the final drawings and specifications. SCHEDULE. Prepare a tentative bar chart construction schedule. REVIEW MEETINGS. Attend project and 90% review meetings at the District's offices. FINAL COST OPINION. Prepare an opinion of probable construction cost and submit to the District for review. FINAL SUBMITTALS. Submit one set of original plans and specifications suitable for advertising to the District. 4. 5. 6. 7. 8. 9. 10. 4 N DIEGO CA 92138 75 CALLE MAGDALENA NCINITAS, CA 92024 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY LL OPERATIONS EXPIRATION DATE THEREOF.THE lSSUl CARLSBAD MUNICIPAL MAILL DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAN WATER DISTRICT LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIO ATTN: BOB COATES 5950 EL CAMINO REAL CARLSBAD CA 92008