HomeMy WebLinkAboutJohn Powell & Associates Inc; 1992-12-11;7 0 0
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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
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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.
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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 $CJL
By: By: Robert J. Grdaney. Gene
Executive Manager or Mayor
John M. Powell. President ATTEST:
(print namehitle)
By: hf?4h
(sign here) ALETHA L. RAUTENKRANZ
Secretary
p-30-76
(print name/title) DATE
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign fc
corporations. If only one officer signs, the corporation must attach a resolution certifie
by the secretary or assistant secretary under corporate seal empowering that officer
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
BY
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EXHIBIT "A"
(PAGE 1 OF 1)
SCOPE OF WORK
1. In order to comply with meeting the requirements of the Division of Safety (
Dams, prepare plan and profile drawings for the 30" diameter storm drain to t:
located on the right edge of the dam embankment.
Prepare plans for a storm drain inlet structure and an energy dissipation structur
where the storm drain will terminate.
SERVICES TO BE PROVIDED BY THE DISTRICT
It is understood that the District will provide any additional needed surveys an
topographic mapping through its survey consultant, Right of Way Engineering.
2.
CMWD 90-109
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STATE OF CALIFORNIA I
j ss.
COUNTY OF s&& 0)gbQ J
I
On before me, N0l.kJ-k a<- GA@&S6!d
personally appeared z-&w h.BLL'U---- NAME, TITLE OF OFFICER
NAME(S) OF SIGNER@)
mersonally known to me - OR - c] J to be the person
name@ ishe subscribed to the within instrument and acknowledged to me that he+&te#tq executed thc
hi-ir authorized capacity(*, and that by hi- * signature+$- 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?
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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
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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.
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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
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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."
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I Paae one of one
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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;
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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~.
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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,
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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.
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6. PAYMENT OF FEES
Payment of fees shall be upon delivery of approved fin;
Monthly Invoices
7. FINAL SUBMISSIONS
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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
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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
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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
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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:
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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
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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
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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
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documents, to be filed with any agencies whose approv
necessary.
The District will provide copies of the approved plans '
other agencies.
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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
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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
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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
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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,
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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
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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
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(Proper notarial acknowledgment of execution by CONSULTANT mi attached. )
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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
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(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:
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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
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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
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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!
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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.
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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
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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.
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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