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
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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
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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
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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-
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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
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