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HomeMy WebLinkAbout1979-04-17; City Council; 5813; Solids Handling Improvements at the EWPCCITY OF CARLSBADw AGENDA BILL NO. Q jr / ^J Initial: Dept. Hd. DATE: April 17, 1979 C. Atty DEPARTMENT: Public: Works -- Encina Water Pollution C. Mgr. SUBJECT: AGREEMENT FOR CONSULTING SERVICES FOR OPERATIONS AND MAINTENANCE AND CONSTRUCTION MANAGEMENT FOR SOLIDS HANDLING IMPROVEMENTS AT THE ENCINA WATER POLLUTION CONTROL FACILITY Statement of the Matter At their March 23, 1979 meeting, the Encina Joint Advisory Committee discussed the need for consulting services at the Encina Facility, particularly in the absence of a full-time general manager. It was determined that the services of a consultant should be retained to perform certain tasks related to day-to-day operations advice to the operators as well as more specialized consulting con- cerned with current projects underway. The JAC unanimously agreed that C M Engineering should be asked to submit a proposal to provide these services. The JAC also authorized the City of Carlsbad to enter into a contract with C M Engineering to provide consulting services during the period that Encina is without a full-time manager. Sufficient funds are available in the approved Encina budget to finance these services. Exhibits Resolution No.<5"74^ approving agreement with C M Engineering Associates for consulting services for operations and maintenance and construction management for solids handling improvements at the Encina Water Pollution Control Facility. Recommendation If Council concurs, they should adopt Resolution No. ^J^/Q authorizing and directing the Mayor to execute the agreement with C M Engineering Associates for consulting services for operations and maintenance and construction manage- ment for solids handling improvements at the Encina Water Pollution Control Facility. Council Action: See Page 2 Agenda Bill No. 5813 Page 2 Council Action: 4-17-79 Council adopted Resolution between the City and C. M. operations and maintenance Solids Handling Improvements at the EWPCF. 5742, approving an agreement Engineering Associates, for and construction Management for -""V 1 RESOLUTION NO. 5742 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- 3 MENT BETWEEN THE CITY OF CARLSBAD AND C. M. ENGINEERING ASSOCIATES, FOR OPERATIONS AND 4 MAINTENANCE AND CONSTRUCTION MANAGEMENT FOR SOLIDS HANDLING IMPROVEMENTS AT THE ENCINA 5 WATER POLLUTION CONTROL FACILITY. 6 7 8 BE IT RESOLVED by the City Council of the City of Carlsbad, 9 California, as follows: 10 1. That that certain agreement between the City of Carlsbad 11 and C.M. Engineering Associates for consulting services for 12 operations and maintenance and construction management for solids 13 handling improvements at the Encina Water Pollution Control 14 Facility, a copy of which is attached, hereto, marked Exhibit 15 "A", and made a part hereof, is hereby approved. 16 2. That the Mayor of the City of Carlsbad is hereby 17 authorized and directed to execute said agreement for and on 18 behalf of the City of Carlsbad. 19 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 20 City Council of the City of Carlsbad, California, held the 17th 21 day of April , 1979, by the following vote, to wit: 22 AYES: Councilman Packard, Skotnicki, Lewis and Councilwoman Casler 23 NOES: None 24 ABSENT: Councilman Anear 25 " KONALD^C.PACKARD, Mayor 26 ATTEST: 27 ALETHA L. RAUTENKRANZ, City Cler] 28 (SEAL) AGREEMENT FOR CONSULTING SERVICES FOR OPERATIONS AND MAINTENANCE AND CONSTRUCTION MANAGEMENT FOR SOLIDS HANDLING IMPROVEMENTS AT THE ENCINA WATER POLLUTION CONTROL FACILITY IN THE CITY OF CARLSBAD, CALIFORNIA X*] THIS AGREEMENT made and entered into as of the /¥- day of ^—^~\&'4^J^',> / 1979 by and between C M Engineering Associates ,- hereinafter referred to as "Consultant" and the City of Carlsbad, herein- after referred to as "City". WITNESSETH: WHEREAS, the City is Administrator of the contracts for operation and maintenance of the Joint Sewer System; and WHEREAS, the City has been authorized by the Encina Joint Advisory Committee to contract for services for operations and maintenance • con- sulting and construction management services for solids handling improve- ments at the Encina Water Pollution Control Facility; and WHEREAS, the firm of C M Engineering Associates has submitted a pro- posal in writing to perform the consulting services; and WHEREAS, it. is advantageous for the City to retain the services of C M Engineering Associates as Consultant to perform the services in the manner, at the time, and for the compensation set forth herein: NOW, THEREFORE, the parties hereunto agree as follows: EXHIBIT "A1 ARTICLE I - Scope of Consultant Services Task No. 1 - Operations and Maintenance Consultation: Consultant will provide a basic O & M consulting service to Encina which includes the following: a) Two visits to the facility each week to discuss the operation with the operational staff in order to maintain a current un- derstanding of the operational status, answer questions and offer suggestions as the situation demands. b) Provision of a written monthly report to the Joint Advisory Committee summarizing Consultant activities, observations, and involvement in the WPCF. c) Attendance at the monthly JAC meetings to make verbal reports to the committee and to respond to the questions of the com- mittee regarding treatment plant operation and maintenance. In addition to this basic service, Consultant will be available on an as-needed basis to advise and assist the operational staff. This will include the availability of a sanitary engineer/licensed operator outside of normal business hours. Task No. 2 - Construction Management Services: Consultant will provide the construction management services for the completion of the improvements to the solids handling system. These ser- vices are specified as follows: a) Provide the necessary coordination and inspection for the com- pletion of the improvements to Digester.Number 1. b) Provide the necessary contractor coordination and inspection for the improvements to Digester Number 3. Task No. 3 - Assistance in Obtaining a Temporary Dewatering Device: Consultant will provide the necessary assistance and coordination re- quired to obtain a temporary dewatering device, coordinate its installation, provide on-site start-up services, and develop operational procedures. ARTICLE II - Compensation a) 0 & M Consultation: The basic O & M service will be provided on a flat fee basis of $650.00 per month which will include up to 16 man hours per month. If additional time is requested beyond the 16 hours, this work will be conducted on a time .and materials basis according to the attached hourly rate schedule identified as Exhibit "A". b) Construction Management Services: The construction management services outlined above will be con- ducted on a time and materials basis. The estimated cost figure for this portion of the work is $4,000.00 and will be billed monthly according to the attached hourly rate schedule identified as Exhibit "A". c) Assistance in Obtaining a Temporary Dewatering Device: The services in connection with obtaining a temporary dewatering device outlined above will be conducted on a time and materials basis. The estimated cost figure for this portion of the work is $4,000.00 and will be billed monthly.according to the attached - 3 i**" V hourly rate schedule identified as Exhibit "A". ARTICLE III - Progress and Completion The Consultant services specified herein shall begin promptly follow- ing written authorization by the City. The tasks described in Article I will be provided on a continuing basis as required by the City. ARTICLE IV - Guaranteed Maximum Fee The maximum fee for professional services described in this contract shall be $12,000.00. ARTICLE V - Payment of Fee Payment will be made on presentation of monthly invoices by the .Con- sultant. Billing will be broken down by task. ARTICLE VI - Responsibility of the Consultant The Consultant is hired to render a professional service only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the course of the project. The Consultant makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice other than they are pro- mulgated after following a practice usual to the Consultant profession. ARTICLE VII - Suspension or Termination of Services The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant notice in writing. In the event of termination, the Consultant shall be paid for the - 4 - work accomplished to the date of termination. Upon request of the City, the Consultant shall assemble the work product and put same in or- der for proper filing and closing and deliver said product to the City. In such event, the Consultant shall be paid for said final work, but in no event shall the fee for said final work exceed ten percent (10%) of the guaranteed maximum fee, nor shall the total fee exceed the guaranteed maximum. City shall make the final determination as to the portions of the tasks completed and the compensation to be made. ARTICLE III - Status of the Consultant The Consultant shall perform the services provided for herein in his own way as an independent contractor and in pursuit of his independent calling, and not as an employee of the City. He shall be under control of the City only as to the result to be accomplished and personnel or con- struction firms to be assigned to the project. -The professional firms to be assigned to the project shall be subject to the approval of the Encina General Manger. ARTICLE IX - Conformity to Legal Requirements The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law; Federal,•State, and local. He shall provide the necessary copies of such drawings and specifications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE X - Ownership of Documents All plans, studies, sketches, drawings and specifications as herein - 5 - required are the property of the City whether the work for which they are •s made be executed or not. In the event this contract is terminated, all documents, plans, specifications, and drawings of the facility shall be delivered forthwith to the City. ARTICLE XI - 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, proper- ties, or effects' of any person whatever, nor for personal injuries to or death of them caused by or resulting from any negligent act, error or omission of Consultant or his agents, employees, or representatives. Con- sultant further agrees to indemnify and save 'free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor, including claims by reason of alleged defects in the plans and specifications. ARTICLE XII - Assignment of Contract The Consultant shall not assign this contract or any part thereof or . any monies due or to become due thereunder without the prior written con- sent of the City. ARTICLE XIII - Subcontracting If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, he shall be fully responsible to the City for the acts and omissions of his subcontractor and of the per- sons either directly or indirectly employed by the subcontractor, as he 6 - is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relationship be- tween any subcontractor of the Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to his work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XIV - 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 nego- tiating, making accepting, or approving of any-architectural, engineering inspection, construction, or material supply contractor, or any subcontract .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 con- nection with the performance of this contract shall become directly or in- directly interested personally in this contract or any part thereof. ARTICLE XV - Verbal Agreement or Conversation No verbal agreement or conversations with any officer, agent, or em- ployee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms and obligations herein contained, nor such verbal agreement or conversations entitle the Con- _ 7 - sultant to any additional payment whatsoever under the terms of this con- tract. ARTICLE XVI - Successors or Assigns Subject to the provisions of Article XII, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their- respective heirs, executors, administrators, successors, and assigns. ARTICLE XVII - Effective Date This contract shall be effective on and from, the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: ALETHA L. RAUTENKRANZ, City Clede- APPRO' TINCENT F~: BIONDO, JR. City Attorney SEAL CITY OF CARLSBAD By •&ONALD C. PACKARD, Mayor By *• 8 •—