HomeMy WebLinkAbout1985-12-17; City Council; 8440; Calavera Hills Effluent Disposal Line DesignGIT DF CARLSBAD — AGEND/ llLL
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TITLE:
CALAVERA HILLS EFFLUENT DISPOSAL LINE
DESIGN SERVICES CONSULTANT AGREEMENT
DEPT. HDg}i£
rijY ATTYt/^i
CITY MGR. J2^
RECOMMENDED ACTION:
By motion Adopt Resolution No. f'3'O I authorizing the Mayor to
execute consultant agreement for CIP Project No. 3201.
ITEM EXPLANATION;
The Calavera Hills Wastewater Treatment Plant and approximately
4,450 feet of Effluent Disposal Line were constructed in 1980 as
a part of the Carlsbad Tract 76-12 (Calavera Hills Development).
The present Capital Improvement Project is approved and funded in
the 1985-86 CIP for $1,000,000.00. It is to complete the EDL and
allow the City to bring this plant on-line as needed.
A verbal Request for Proposals was submitted to five local firms
known to have performed similar work in the past. Of the five
firms submitting proposals, four were invited to make
presentations to the City's Consultant Evaluation Committee (CEC)
based on their apparent qualifications. All four firms
interviewed demonstrated to the CEC's satisfaction that each was
capable of performing the engineering design of the EDL, but
Eraser & Associates demonstrated greater project-specific
knowledge and proposed a more cost effective solution to the
City's need.
The recommended Consultant Agreement includes a Preliminary
Design Study and the Final Design of the alternative(s) selected
by the City after review of the Preliminary Study. Eraser &
Associates will begin work immediately and has sufficient staff
to complete the design within 90 days.
FISCAL IMPACT;
Sufficient funds have been appropriated, as part of the 1985-86
CIP, and are available in the project account.
The Preliminary Study and Design for Calavera Hills Effluent
Disposal Line will be done for a fixed fee of $66,000.
EXHIBITS;
1. Resolution No. jP3o / authorizing the Mayor to execute
consultant agreement for Engineering Services.
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RESOLUTION NO. _ 8301
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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6 The City Council of the City of Carlsbad, California,
7 does hereby resolve as follows:
8 1. That an agreement between the City of Carlsbad and
9 Fraser and Associates for engineering services for Calavera
10 Hills Effluent Disposal Line (Project No. 3201), a copy of
which is attached (Attachment A), is hereby approved.
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OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND FRASER AND
ASSOCIATES FOR ENGINEERING SERVICES FOR
1985-86 CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 3.20.1.-
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 17th day of December ,
1985 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
21 ABSENT: None
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MARY H./CASLER, Mayor
ATTEST:
AtrtTHA L. RAlTfENKR'ftNZ, City Clerk
R. KUNDTZ, Deputy
AGREEMENT FOR CALAVERA HILLS
EFFLUENT DISPOSAL LINE
THIS AGREEMENT, made and entered into as of the _day
of _, 19 , by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City," and
FRASER AND ASSOCIATES, hereinafter referred to as "Consultant."
RECITALS
City requires the services of FRASER AND ASSOCIATES to
provide the necessary engineering services for preparation of
final plans and specifications for Calavera Hills Effluent
Disposal Line; and
Consultant possesses the necessary skills and
qualifications to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and a Consultant
agree as follows:
1. CONSULTANT'^ OBLIGATIONS
See Attachment A - "Detailed Consultant Scope of Work"
Attachment B - "Performance Criteria/Controls".
2. CITY OBLIGATIONS
The City shall:
A. Make available upon request any existing: EDL plans,
easements, street improvements, survey data, hudraulic
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criteria/calculations in its possession for the
proposed work.
B. Supply blank mylars (with City title block and borders)
necessary for the project.
C. Provide review of Consultant's submittal in accordance
with an agreed upon schedule.
D. Provide payment within thirty (30) days of approval by
the City Engineer.
E. Provide projected wastewater flows into WWTP based
upon the City's current Sewer Master Plan.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10)
days after receipt of notification to proceed by the City and be
completed within ninety (90) calendar days of that date.
Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City Engineer. In
consideration of such requests, the City Engineer will give
allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part
of the Consultant, or delays caused by City inaction or other
agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, "Payment
of Fees", shall be $66,000.00 consisting of $6,500.00 for Phase
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I, "Preliminary Study Report" and $59,500.00 for Phase II,
"Design" (including $2,000.00 for right-of-way services, if
required). No other compensation for services will be allowed
except those items covered by supplemental agreements per
Paragraph 7, "Changes in Work".
5. PAYMENT OF FEES .
Payment of fees shall be upon delivery of approved final
documents. Delivery of an approved final Phase I, "Preliminary
Study Report" shall entitle the Consultant to the payment of
$6,500.00, and delivery of the remaining approved final design
documents shall entitle the Consultant to the payment of the
balance of $59,500.00. Because of the possible delays to this
project by interfacing with other City projects, the City
Engineer is authorized to make "progress payments" to the
Consultant when and if the City Engineer deems necessary.
6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the
final designs, the Consultant shall deliver to the City the
following items:
A. Original mylars at scale of the drawings reproducible
on standard 24" by 36" sheets. Blank mylars will be provided by
the City.
B. All final engineering certifications, documents, and
plans shall be signed by a Registered Civil Engineer with R.C.E.
number provided.
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number provided.
7. CHANGES IN-W9RK
If, in the course of this Contract and design, changes seem
merited by the Consultant or the City, and informal consultations
with the other party indicate that a change in the conditions of
the Contract is warranted, the Consultant or the City may request
a change in Contract. Such changes shall be processed by the
City in the following manner: A letter outlining the required
changes shall be forwarded to the City or Consultant to inform
them of the proposed changes along with a statement of estimated
changes in charges or time schedule. After reaching mutual
agreement on the proposal, a supplemental agreement shall be
prepared by the City and approved by the City Council. Such
supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement. Changes requiring
immediate action by the Consultant or City shall be ordered by
the City Engineer who will inform a principal of the Consultant's
firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications
in accordance with the design standards of the City of Carlsbad
and recognized current design practices. Applicable City of
Carlsbad Standards and Regional Standards shall be used where
appropriate. Copies of such standards shall be obtained from the
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making this
agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability,
or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
10. NQNJ3ISCRIMINATI6N CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
11. TERMINATION 6F CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this Contract,
the City may terminate this Contract for nonperformance by
notifying the Consultant by certified mail of the termination of
the Contract. The Consultant, thereupon, has five (5) working '*
days to deliver said documents owned by the City and all work in
progress to the City Engineer. The City Engineer shall make a
determination of fact based upon the documents delivered to City
of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the Contract
completed. Based upon that finding as reported to the City
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progress to the City Engineer. The City Engineer shall make a
determination of fact based upon the documents delivered to City
of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the Contract
completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
Contract. Final payment shall be in compliance with the Code of
Federal Regulations.
12. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this Contract, shall be reduced to
writing by the principal of the Consultant or the City Engineer.
A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Engineer or
principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) days. If
the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the
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City Council for their resolution through the Office of the City
Manager. The City Council may then opt to consider the directed
solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although
nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of
designing and drawings for Calavera Hills Effluent Disposal Line
and any payments made to Consultant are compensation solely for
such services. Consultant shall certify as to the correctness of
all designs and sign all plans, specifications, and estimates
furnished with Registered Civil Engineer's number.
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
City, the Consultant shall assemble the work product and put same
in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be
paid for work performed to the termination date; however, the
total shall not exceed the guaranteed total maximum. The City
shall make the final determination as to the portions of tasks
completed and the compensation to be made. Compensation to be
made in compliance with the Code of Federal Regulations.
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15. STATUS 8F THE CONSULTANT.
The Consultant shall perform the services provided for
herein in Consultant's own way as an independent Contractor and
in pursuit of Consultant's Independent calling, and not as an
employee of the City. Consultant shall be under control of the
City only as to the result to be accomplished and the personnel
assigned to the project, but shall consult with the City as
provided for in the request for proposal.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications
to conform to all applicable requirements of law: Federal;
State, and local. Consultant shall provide all necessary
supporting documents, to be filed with any agencies whose
approval is necessary.
The City will provide copies of the approved plans to any
other agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and
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specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In
the event this Contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered
forthwith to the City. Consultant shall have the right to make
one (1) copy of the contract documents and design manual for
his/her records.
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18. 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, properties, or effects of any person whatever,
nor for personal injuries or death caused by, or resulting from,
or claimed to have been caused by, or resulting from, any act or
omission of Consultant or Consultant's agents, employees, or
representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its authorized agents,
officers, and employees against any of the foregoing liabilities
or claims of any kind and any cost and expense that is incurred
by the City on account of any of the foregoing liabilities,
including liabilities or claims by reason of alleged defects in
any plans and specifications, unless the liability or claim is
due, or arises out of, solely to the City's negligence.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this Contract by the Consultant, Consultant shall
be fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
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indirectly employed by the .subcontractor, as Consultant is for
the acts and omissions of persons directly employed by
Consultant. Nothing contained in this Contract shall create any
contractual relationship between any subcontractor of Consultant
and the City. The Consultant shall bind every subcontractor and
every subcontractor of a subcontractor by the terms of this
Contract applicable to Consultant's work unless specifically
noted to the contrary in the subcontract in question approved in
writing by the City.
21. PRBHIBITED-INTERE5T
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 negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material
supply Contractor, or any subcontractor 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
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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 connection with the performance of
this Contract shall become directly or indirectly interested
personally in this Contract or any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
agent, or employee of the City, either before, during, or after
the execution of this Contract, shall affect or modify any of the
terms or obligations herein contained nor such verbal agreement
or conversation entitle the Consultant to any additional payment
whatsoever under the terms of this Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless
Agreement", all terms, conditions, and provisions, hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors,
and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
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with the City Clerk of the City of Carlsbad. The Consultant
shall report investments or interests in real property.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals.
FRASER AND ASSOCIATES CITY OF CARLSBAD:
By
Title
Mayor
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk
CALAVERA HILLS EFFLUENT DISCHARGE LINE
DETAILED CONSULTANT SCOPE OF WORK
PHASE I; PRELIMINARY STUDY REPORT
A. Verify project justification.
1. Investigate/briefly outline historic background of
project.
2. Research and verify the design criteria used for
the San Marcos County Water District's Ocean
Outfall Failsafe Pipeline. Verify that the
pipeline was designed to operate under pressure and
establish the maximum acceptable hydraulic grade
lines.
3. Define historic and appropriate service area
tributary to existing Calavera Hills Wastewater
Treatment Plant/EDL.
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4. Identify potential users of effluent.
5. State/evaluate original design controls/criteria
(obtain inputs from original plant designer).
6. Evaluate the "No Project" alternative (i.e., RWQBC
may allow Advanced Water Treatment Effluent to be
discharged into storm sewers).
7. Evaluate present and future need for this project.
ATTACHMENT A
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B. Identify present design criteria/controls.
1. Research and verify Carlsbad's contractual capacity
rights in the San Marcos County Water District's
Ocean Outfall Failsafe Pipeline for various reaches
along Palomar Airport Road.
2. Determine estimated peak hydraulic capacity of
WWTP; and determine physical requirements necessary
for WWTP to receive and discharge wastewater flow.
3. Determine proper effluent disposal line (EDL)
design flow in light of design capacity of Lake
Calavera Hills Wastewater Treatment Plant. Include
plans and specifications for one treated wastewater
effluent pumping station.
4. Determine estimated quantities of effluent which
could be used by potential "customers" and seasonal
variations in these needs.
5. Develop preliminary alternative alignment/designs
for the Calavera Hills Effluent Discharge Line.
6. Provide preliminary cost estimates for various
alternatives for project, screen alternatives and
select most cost effective alternative in light of
City's needs, requirements and resources.
ATTACHMENT A
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7. Critique investigation findings with City staff,
prepare and submit report.
8. Assist City's staff with presentation of
Preliminary Study Report to City Council.
PHASE II; DESIGN
After City defines facility(ies) to be constructed as a
result of the work performed in Phase I, the Consultant
shall submit a complete civil design package, which
shall consist of the following:
1. Utility research and provision of utilities and
tentative disposition of relocation of any
interferring utilities.
2. Complete, verifiable (or "easy to follow")
calculations of all necessary hydraulic design
calculations.
3. A complete set of reproducible plans in accordance
with City requirements. Drawings shall be neat and
legible, with dimensions to all installations.
Details should provide for clear and definite
manner of installation. Type, grade and quality of
all materials required should be clearly indicated.
Include plans andd specifications for one treated
wastewater effluent pumping station.
4. Plans and specifications shall be certified as to
correctness, and signed by a Registered Civil
Engineer with R.C.E. number provided.
ATTACHMENT A
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5. Specifications shall conform with appropriate City
standards and the 1985 edition of APWA's Standard
Specifications for Public -Works-Eonstraction.
6. The following items should appear on the final
drawings (the list is indicative, not exhaustive):
a. A plan and profile of the effluent disposal
line.
b. Existing or proposed utilities with current
ownership and disposition.
c. Trenching details and surface restoration.
7. Final quantity and cost estimates.
8. All plans and specifications, and submitted items,
shall be developed in a form satisfactory to the
City.
9. Easement and property acquisition as requested by
the City including but not limited to: land title
reports; meetings with property owners, City staff
and City Officials; acquisition of land evaluation
reports; and all related tasks necessary to obtain
required rights of entry. This item is to be
billed as a separate item, but included in the
total Consultant's fee for the project to the
maximum amount stipulated for one pump station
site.
ATTACHMENT A
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10. Preparation of Environmental Checklist and other
documents required to comply with California
Environmental Quality Act.
11. Prepare drafts of City Council Agenda Bills and
Resolutions.
12. Provide resources necessary to present these
studies and design results in whatever public forum
the City feels is necessary. Included are: one
City Council meeting to present preliminary plans
and specifications and costs, and one City Council
meeting to present final plans and specifications
and cost. Other meetings will be attended as
requested.
13. The proposal is intended to be all inclusive,
therefore, includes all the services necessary to
take the projects through design.
ATTACHMENT A
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PERFORMANCE CRITERIA/CONTROLS
Performance criteria/controls imposed by the City on this
agreement and/or project include:
1. NO CHANGES TO SCOPE except at the specific request of the
City and then only with Copious Justification.
2. All work items necessary for successful completion of this
project are included in original fee - NO "Add-Ons" except
right-of-way support identified as Item 7 on the 2nd page of
the Consultant's "Project Approach and Scope of Services"
section under "Alternative A" will be considered.
3. SPECIFIC,-• POSITIVE PROGRESS toward accomplishment of this
project will be monitored VERY CLOSELY and any work
determined by the City to be unacceptable will result in
IMMEDIATE TERMINATION of this agreement. The Consultant
agrees to immediately deliver to the City ail original
documents, notes, worksheets, calculations, drawings, and
other work in progress on this project upon any such
termination of this agreement. Consultant shall have the
right to make one (1) copy of the plans for his/her records.
4. NO PUBLIC STATEMENTS will be made by the Consultant without
prior, written approval by the City Engineer.
ATTACHMENT B