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HomeMy WebLinkAbout1979-11-20; City Council; 6071; Award of Contract Recoating of Ellery ReservoirCITY OF CART SBAD Initial: AGENDA BILL NO. �0 0 2f Dept. Hd. — DATE: November 20, 1979 . C. Atty. VEA DEPARTMENT: Utilities & Maintenance C. Mgr. ' Subject: RECOMMENDING AWARD OF CONTRACT 70 WOODSIDE/KUBOTA & ASSOCIATES; INTERNAL RECOATING OF ELLERY RESERVOIR 1 Statement of the Matter Council approved expenditure of funds in the amount of $48,500 for the internal recoating of Ellery Reservoir in the FY79-80 budget (funds are carried over from FY78-79). f Woodside/Kubota provided inspection and recommended acceptance of work for a similar project this past year and their performance was outstanding. It is recommended that Woodside/ Kubota provide similar services for this project. Rate schedules for this calendar year and i the 1980 calendar year are included with their proposal since the work will not be com- pleted until early 1980. Woodside/Kubota has submitted an estimated cost for their services at about $8,000; however, this is an estimate only and payment for services will be in accordance with their rate schedule. It is anticipated that the estimate is high and actual expenditures should be in the $5,000-$6,000 range, based on the estimates and actual costs 1 for the Skyline project. r { i 1 } EXHIBITS: A. Woodside/Kubota letter of October•30, 1979. B. Resolution No. S 9 RECOMMENDATIONS: Approve -staff reconnendation to retain the firm of Woodside/Kubota & Associates for engineering technical services and authorize the Mayor to execute the agreement by adopting Resolution -No. .?' 9 Council Action: 11-20-79 Council adopted Resolution 5994, approving agreement with Woodside/Kubota and Associates, Inc. for consulting services relative to the internal recoating of the Ellery Reservoir. I 9 WOODSIDRAUROTA & ASSOCIATKS, INC. eo�nu�nno� ■N OIM ■�N• 2465 Pio Pico Drive • P.O. Box 1095 • Carlsbad, California 92008. 1714) 729.1194 October 30, 1979 Mr. Roger W. Greer, Director of Utilities & Maintenance City of Carlsbad 1200 Elm Ave. Carlsbad, California 92008 Subject: Ellery Reservoir Project - City of Carlsbad Dear Mr. Greer: Thank you very much for the opportunity to present a proposal for providing professional engineering services for the reconditioning of the interior of the Ellery Reservoir steel water tank. In accordance with your request made by letter dated October 22, 1979, we have prepared the attachment comprising a suggested outline for the engineering services, an estimated project budget for the services that we would be performing, and schedules of fees that would be applicable to the project. We welcome the opportunity to review this submission in detail with you and we would look forward to working with you again, as we have done on the Skyline Tank project. Our work programs would be so scheduled, that our entire office staff would be involved in all of the functions of the project, and additionally Mr. F.J. Whitley would provide the job site inspection on a daily basis, at such time the contractor performed al,l of his work. We are prepared to proceed with the work assignment, subject to your favorable consideration of this proposal. �'Ver ly yo Jadk Y Kubota "executive Vice President Encl. JYK/le In Orange County, Santa Ana C 7903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 W m RESOLUTION NO. 5994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAG, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND ASSOCIATES, INC. FOR CONSULTING SERVICES RELATIVE TO THE INTERNAL RECOATING OF THE ELLERY RESERVOIR. WHEREAS, it is necessary to retain special engineering skills -to review specifications, inspect the work during progress and approve completion of work and, WHEREAS, Carlsbad Municipal Code, Section 3.28.140 allows the City Council to authorize the purchase of highly technical services by competitive negotiations and, WHEREAS, the firm of Woodside/Kubota and Associates has submitted a proposal in writing to perform the required services and, WHEREAS, the firm of Woodside/Kubota and Associates has previously performed similar services for the City in a highly professional and competent manner, NOW, THEREFORE, the City Council of the City of -Carlsbad, California does hereby resolve as follows: 1. That a certain agreement between the City of Carlsbad and Woodside/Kubota and Associates, Inc. for consulting services relative to the interior recoating of the Ellery Reservoir, a copy of which is attached hereto marked Exhibit "A" and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. I1XXX XX r t I. took 1 PASSED. APPROVED AND ADOPTED at a.regular meeting of the City 2 Council of the City of Carlsbad, California, held on the 20Lth day of ' 3 _NQ.vember 1979 by the following vote, to wit: 4 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler 5 NOES: None 6 ABSENT: None / R6N LD �C. PACKARD, Mayor 9 ATTEST: E 10 11 JTHA L. RAU ENKRA Z, City Clerk 12 13 (SEAL) 14 15 j 16 17 1$ ' 19 20 21 22 23 24 25 26 27 28 e II �„� Exhibit "A" to ' 4 R- o1ut on, RJJJ4 1 AGREEMENT FOR CONSULTING ENGINEERING SERVICES BETWEEN THE CITY OF CARLSBAD AND WOODSIDE/KUBOTA AND 2 ASSOCIATES, INC. FOR APPROVAL OF SPECIFICATIONS, REVIEW OF BIDS AND INSPECTION AND ACCEPTANCE OF WORK 3 FOR THE INTERNAL RECOATING OF THE ELLERY RESERVOIR. 4 THIS AGREEMENT made and entered into this day of , 5 1979, by and between the CITY OF CARLSBAD, a municipal corporation of the 6 State of California, hereinafter referred to as "City" and WOODSIDE/KUBOTA 7 AND ASSOCIATES, INC., a California corporation, hereinafter referred to as 8 "Engineer". 9 WITNESSETH• 10 WHEREAS, the City has determined by visual inspection the 5.0 MG 11 water reservoir located at the end of Janis Way in the City and known as 12 `"Ellery" is in need of internal refurbishment and coating; and 1.3 WHEREAS, a refurbishment project was approved for work in the 14 FY79-80 Budget, and; 5 WHEREAS, it is necessary to retain special engineering skills to 16 review specifications, inspect the work during progress and approve 1.7 completion of the work, and; 18 WHEREAS, the firm of Woodside/Kubota and Associates has submitted 1:9 a proposal in writing to perform the required services; and 20 WHEREAS, it is desirable that the City retain the services of 21 Woodside/Kubota and Associates as consulting engineers to perform the 22 services in the manner, at the time and for compensation at the rates set 23 forth herein; 24 NOW, THEREFORE, the parties hereunto agree as follows: 25 1. Scope of Engineering Services: Engineer agrees to perform 26 those services specified in this Agreement and in Exhibit "A", which is 27 attached to and by this reference made a part of this Agreement. 28 XX w 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 3.9 20 22 23 24 21, 26 27 28 616 ' 2. Compensation: Compensation for the engineering services shall be coup-uted on the basis of the attached fee schedule as approved by the Director of Utilities & Maintenance. Payments will be made monthly based on billing charges by Engineer. Final payment will be made after final completion and acceptance of the project. 3. Scope of City Staff Assistance: The City will make available to the Engineer its pertinent records, data and reports. 4. Responsibility of the Engineer: The Engineer is employed herein 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 Engineer makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice, other than they were promulgated after following a practice usual to the engineering profession. 5. Suspension of Services or Termination of Agreement: The City, for any reason, may by written notice postpone or suspend all or any part of the engineering services authorized under this Agreement, or by written notice may terminate the entire Agreement. In the event of such suspension or termination, Engineer shall have the right to expend additional time to assemble the work in progress for the purpose of properly closing the job. Such additional time shall not exceed tem percent of the total time expended on the portion, of the project affected by such notice of suspension or termination before the receipt thereof. 6. Status of En4,�neer: The Engineer will perform the services I.. .-ad fir herein i.. .14 ni ; :te ,.Inn way as an dependent contractor and in the pursuit of its independent calling, and not as an employee of the City; and it shall be under the control of the City only as to the result to be accomplislied. -2- L 1 7. Conformity to Legal Requirements: The Engineer shall cause all 2 recommendations to conform to all applicable requirements of law: Federal, 3 State and Local., to all requirements of all bodies formed under Federal, 4 State r Local law whose approval must be obtained. • 5 8. Ownership of Documents: Any plans, studies, sketches, 6 drawings or specifications supplied, as herein required, are the property of 7 the City. In the event this contract is terminated, any documents, plans, '8 specifications and drawings shall be delivered forthwith to the City. 9 9. Hold Harmless Agreement: The City, its agents, officers, 10 and employees shall not be liable for any claims, liabilities, penalties, 11 finas or for any damage to goods, properties or effects of any person 12 whatever, or for personal injuries to or death of them,.or any of them, 13 caused by or resulting from or claimed to have been caused by or resulting 14 from any act or omission of Engineer, or its agents, employees or 3.5 representatives. Engineer further agrees to indemnify and save free and 16 harmless the City and its authorized agents, officers and employees against 3.7 any of the foregoing liabilities and claims therefor, and any cost and 18 expense that is incurred by the City on account of any claim therefor. 19 10. Assignment of Contract: The Engineer shall not assign this 20 contract or any part thereof or any monies due or to become due thereunder 21 without the prior written consent of the City. 22 11. Subcontracting: If the Engineer shall subcontract any of the 23 work to be performed under this contract by Engineer, the Engineer shall be 24 fully responsible to the City for the acts and omissions of its subcontractor 25 and of the persons either directly or indirectly employed by its subcontractor, 26 as it is for the acts and omissions of persons directly employed by it: 27 Nothing contained in this contract shall create any contractual relationship 28 between any subcontractor of Engineer and the City. The Engineer shall bind -3- ll --A I 1 every subcontractor and every subcontractor of a subcontractor by the terms 2 of this contract applicable to its work unless specifically noted to the 3 contrary in the subcontract in question approved in writing by the City. 4' 12. Prohibited Interest: No official of the City who is 5 authorized in such capacity and on behalf of the City to negotiate, make, 6 accept or approve, or to take part in negotiating, making, accepting or 7 approving any architectural, engineering, inspection, construction or 8 material supply contract or any subcontract in connection with the 9 construction of the project, shall become directly or indirectly interested 10 personally in this contract or in any part thereof. No officer, employee, 11 architect, attorney, engineer or inspector of or for -the City who is 12 authorized in such capacity and on behalf of the City to exercise any 13 executive, supervisory or other similar functions in connection with the 14 performance of this contract shall become directly or indirectly interested 15 personally in this contract or any part thereof. 16 13. Verbal Agreement or Conversation: No verbal agreement or 17 conversation with any officer, agent or employee of the City, either before, 18 during, or after, the execution of this contract, shall affect or modify 19 any of the terms or obligations herein contained, nor such verbal agreement 20 er conversation entitle the Engineer to any additional payment whatsoever 21 under the terms of this contract. 22 14. Successors or Assigns: Subject to the provisions of 23 Paragraph No. 11 above, all terms, conditions and provisions hereof shall 24 inure to and shall bind each of the parties hereto, and each of their 25 respective heirs, executors, administrators, successors and assigns. 26 27 15. Application of ASCE Manual No. 45: Applicable provisions 28 of American Society of Civil Engineers Manuals and Reports on Engineering -4_ �m N .j f 1 Practice No. 45 shall apply to all matters not otherwise covered by this 2 Agreement. 3 16. Effective Date: This contract shall be effective on and 4 from the day and year first above written. 5 IN WITNESS WHEREOF, we have hereunto set our hands and,seals. 6 7 ATTEST CITY OF CARLSBAD 8 7 , g ALETHA L. RAUTENKRAN: City Clerk RR NALD C. PACKARD, Mayor G t io 11 APPROVED AS TO FORM WOODSIDE/KUBOTA & ASSOCIATES, INC. 12 '� • By 13 V GEN F. B DO, JR City Attorney 14 B y - } 15 16 i 17 18 19 i 20 21 22 23 1 24 25 26 9 28 _6_ L4 AP�9A • b * ,x WOODSIDKIKUESOTA&ASSOCIATES. INC. ' October 30, 1979 BUDGET ESTIMATE FOR ELLERY RESERVOIR'PROJECT + E CITY OF CARLSBAD 9 TASKS ESTIMATED ' TIME AND RATE COST 1. Review of 4.00 Hrs @ $60.00 $240.00 Specifications 3.00 Hrs ,@ $40.00 120.00 6.00 Hrs @ $28.00 168.00 2.00 Hrs @ $16.00 32.00 2. Bidding and Award 1.00 Hrs @ $60.00 60.000 of Contract 4.00 Hrs @ $40.00 160.00 6.00 Hrs @ $28.00 168.00 I 2.00 Hrs @ $16.00 32.00 1 3. Inspection Services 10.00 Hrs @ $60.00 600.06 + at Job Site - 190.00 Hrs'@ $27.00 5,130.00 4. Final Inspection & 5.00 Hrs @ $•60.00 300.00 , Acceptance of Project 5.00 Hrs @ $27.00 135.00 _ Sub -Total $7,145.00 Conti'ngencies 855.00, E i ESTIMATED TOTAL COST $8,000.00 -- Exhibit "A" page 2, 5 ' WOODSIDE/KUIIOTA&ASSOCIATES,INC- SCHEDULE OF HOURLY FEES • i FOR ; ENGINEERING SERVICES JA14UARY 1, THROUGH DECEMBER 31, 1980 Professional Consultations .(Principal) i Senior P-roj.ect Engineer 1 Project Engineer Project -Manager 1_ Registered Engineer i Design'Engineer Licensed Surveyor Resident Engineer Assistant Engineer i Field _Inspector s i Drafting and Calculations Non --Technical 1 - i Mileage Rate - $0.20 per mile r Reproductions and outside specialists - cost plus 10% i' f r i. t i Prepared: October 30, 1979 C-7903 $60.00 $55.00 $48.00 $48.00 # $40.00 i $34,00 $34.00 $34.00 $28.00 $27.00 $25.00 $16.00 f Exhibit "A" page 3 SCHEDULE OF HOURLY FEES FOR ENGINEERING SERVICES JANUARY 1, THROUGH DECEMBER 31,1979 .Professional Consultations (Principal) $55 30 Senior Project Engineer $50.00 Project Engineer $44.00 Project Manager $44,00 Registered Engineer $38.00 Design Engineer $33.06 Licensed Surveyor $33.00 :. Resident Engineer $33.00 Assistant Engineer $27.00 Field Inspector $26.00 Drafting and Calculations $22.00 Non -Technical $16.00 Mileage Rate - $0.18 per mile Reproductions and outside specialist - cost plus 10% 4 . f E I. i F ' . d