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HomeMy WebLinkAbout1987-01-06; City Council; 8846; Agreement for design of Home Plant Sewage PumpCIT OF CARLSBAD — AGEND^BILL MTG.01/06/87 DPPT.MP "APPROVAL OF FOR HOME PLANT CONSULTANT AGREEMENT DESIGN OF THE SEWAGE PUMP STATION UJ OcrQ.a. O 5 Oz3 OO RECOMMENDED ACTION: Adopt Resolution No. for the design of the project No. 3183. Home approving a consultant agreement Plant Sewage Pump Station, City ITEM EXPLANATION; The City of Carlsbad has solicited proposals from twenty-one (21) engineering firms for the completion of design drawings and bid specifications for a new sewage pump station. Fifteen (15) proposals were received and after careful evaluation, the firm of Almgren and Koptionak, Inc., of San Diego was selected for the design of this project by the consultant evaluation team. The consultant evaluation team for this project consisted of the Acting Utilities and Maintenance Director, Municipal Projects Manager, and three (3) Municipal Projects engineers. Almgren and Koptionak, Inc., was selected on the basis of the most qualified response to the request for proposals assembled by the Municipal Projects group for this project. FISCAL IMPACT The City Council has appropriated funds in the 1986-87 Capital Improvement Program budget for this project. Current appropriation, including previous year's carry over, is $282,312, available in account No. 512-820-1850-3183. The consultant team's design cost for the project is not to exceed $35,000. EXHIBITS; 1 . Location Map. Resolution No.approving a consultant agreement for the design of the Home Plant Sewage Pump Station, City project No. 3183. 3. Consultant Agreement. 4. Consultant Proposal. LOCATION MAP BUENA VISTA LAGOON LAGUNA DR PROJEC SITE VICINITY MAP N.T.I PffOJ. WO. 3183 PROJECT NAME HOME PLANT LIFT STATION 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 RESOLUTION NO.8931 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE DESIGN OF THE HOME PLANT SEWAGE PUMP STATION, PROJECT NO. 3183 WHEREAS, proposals have been received by the City of Carlsbad for the design of the Home Plant Sewage Pump Station; and WHEREAS, the firm of Almgren and Koptionak, Inc., has been selected to perform the design services in a amount not to exceed $35,000; and WHEREAS, funds in the amount of $282,312 are available in the project account No. 512-820-1850-3183 for the project design services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Almgren and Koptionak, Inc., for the design of the Home Plant Sewage Pump Station, a copy of which is hereto marked Exhibit A and made a part hereof, is hereby accepted. 1 37- fhat the Mayor and the City Clerk of the City of 2 Carlsbad are hereby authorized and directed to execute said 3 agreement for and on behalf of the City of Carlsbad. 4 4. The Consultannt fee of $35,000 by Almgren and 5 Koptionak, Inc., for the design of the Home Plant Sewage Pump 6 Station is hereby accepted. 7 PASSED, APPROVED AND ADOPTED a a regular meeting of the 8 Carlsbad City Council held on the 6th day of January , 1987, 9 by the following vote, to wit: 10 AYES: Council Members Lewis, Kulchin, Pettine and Mamaux 11 NOES: None 12 ABSENT: None Claude A. Lewis, Mayor ATTEST: 16 _ , ALETHA L. RAUTENKRANZ, City Clei/k 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 '" "AGREEMENT FOR DESIGN SERVICES FOR THE HOME PLANT SEWAGE PUMP STATION 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 Almgren and Koptionak, Inc., hereinafter referred to as "Consultant." RECITALS City requires the services of an engineering consultant to provide the necessary engineering services for preparation of final plans and specifications for the Homeplant Sewage Pump Station; 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'S OBLIGATIONS Preliminary Investigation and Design Report Phase The 1984 update to the Sewer Master Plan for the City of Carlsbad identified the need for a 2.83 cfs (Peak Wet Weather Flow) sewer pump station to serve a portion of downtown Carlsbad. The new pump station will completely replace the old one, which is prone ^tti ^occasional overflows. Though a large amount of land is available, the City wishes to situate the new station in such a way as to utilize the remainder of the property in an effective manner. The old pump station and trickling filter would be demolished and the new station suitably fenced and landscaped. The Consultant's work shall be performed by or under the direction of William Koptionak, P.E. as Project Manager of the f i rm. a. Consult with the City's project manager and Utilities/Maintenance Department to further define the project requirements, review available data, and set the project schedule and administrative routines. Consult with relevant regulatory agencies and affected utilities. b. Gather the necessary data for the design. Conduct a geotechnical investigation and produce a soils report with foundation recommendations. Perform the necessary survey and topographic work and investigate existing utilities. c. Prepare a design report containing schematic layout of site, architectural and mechanical elements, sketches, and design criteria. The report should identify potential problems (such as the suitability of the existing 12-inch force main) and alternative solutions, as well as the engineer's recommendations. d. Prepare a preliminary Engineer's estimate of probable construction costs. e. Meet with the City to review work and provide input and changes as necessary. Design Phase a. Continue to confer with the City and maintain contact with affected utilities. b. Prepare the final, detailed, contract drawings on standard City mylar sheets based on the approved preliminary design. c. Write and complete the specifications, special provisions, and contract documents per City standards. d. Prepare an Engineer's estimate of construction costs. e. Supply five (5) sets of plans and specifications for review by the City. After the City Engineer signs the plans, provide thirty (30) sets to the City -for bidding. f. Attend the pre-bid meeting and assist in the advertising and bid evaluation/award process. g. Present the plans to the City Council. Construction Phase a. Consult with and advise the City during construction. Write memos and/or provide sketches to resolve problems - 4 - o~r ^questions regarding the project. Review required change orders and make recommendations as to the acceptability of the work. b. Check detailed construction, shop and erection drawings submitted by the contractor for compliance with plans, specifications and design concepts. c. Make periodic site visits to observe the progress and quality of the work and make appropriate reports and/or recommendations to the City. d. Observe initial operation and performance tests of the project. e. Make a final inspection of the project and report on the projects completion. CITY OBLIGATIONS a. Project Management and Administration - The City, through its Project Manager, will answer questions of project definition and scope, and administer the design contract. City personnel will meet with the consultant, as required, to provide guidance and direction. b. Environmental - the City will prepare and obtain any environmental clearances required. c. Permits - City will apply for and obtain the Coastal Development Permit, and any other required permits. d. Plan Review and Approval - the City will review the preliminary report and final plans and return them, together with comments, within ten (10) working days. R%virew time will be added to the length of the contract. e. Construction - the City will prepare agenda bills, obtain a contractor and administer the construction contract. The City will also perform the technical observations of the construction, performing the necessary inspection, tests, and surveying, as well as coordinating the construction with utilities. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of notification to proceed by the City. Consultant shall complete plans and specifications, signed by the City Engineer, within six (6) months of the Notice to Proceed. City review time is not included. 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, not to exceed, fee payable according to Paragraph 5, "Payment of Fees", shall be $35,000. This fee covers work only for allowing two (2) phases in the Scope of Work (Preliminary Investigation and Design Report, and Design). Payments for Phase 3 (Construction) shall be additional and made - 6 - on a time "and materials basis. 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 Monthly payments of fees for Phases 1 and 2 shall be made for time and materials up to $12,250 for Phase 1 and $22,750 for Phase 2, a total of $35,000. 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 and documents. The plans shall be signed by a Registered Civil Engineer and/or Registered Landscaped Architect, as appropriate. 7. 'CHANGES IN WORK 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 fn ^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 City of Carlsbad. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee 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, - 8 - 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. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11 . TERMINATION OF 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 Council, the Council shall determine the final payment of the Contract. 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 - 9 - 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 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. 1 3. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and drawings for the Homeplant Sewage Pump Station 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, (or Landscape Architect's registration 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 - 10 - 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. 15. STATUS OF 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. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City -11- may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 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 DQCUMENT5- All plans, studies, sketches, drawings, reports, and 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. Before delivery, Consultant shall have the right to make copies for his/her records and reuse his copies for other clients. 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 intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. - 1 2 - 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. These provisions apply only to work performed under this agreement. 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 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. - 13 - 21. 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 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 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. 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. - 14 - 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 with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ALMGREN AND KOPTIONAK, INC. CITY OF CARLSBAD: By Mayor Title APPROVED AS TO FORM: ATTESTED: Assistant City Attorney City Clerk ALMGREN & KOPTIONAK INC 9968 Hibert Street- Suite 102Ai^mvnvJLi^i <x fVVJrilU^AlV, ini^. San Diego, California 92131 CONSULTING ENGINEERS 619/566-5922 December 4, 1986 Gary Kellison Municipal Projects Department CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92008 HOME PLANT SEWAGE LIFT STATION, PROJECT NO. 3183 The firm of ALMGREN & KOPTIONAK, INC. is pleased to submit this proposal to provide professional civil engineering services to the City of Carlsbad for the subject work. In response to your request and to our telephone conversation, we are enclosing one copy each of the following documents: 1) This letter of interest, which summarizes much of the material requested by you. 2) Schedule for performing the work on this project. 3) A Standard Form 255, specifically targeted toward this project. 4) A Standard Form 254, which is a more general type submittal for projects. 5) Our company brochure. 6) Our Fee Proposal (lump sum price as requested) in a separate sealed envelope. This letter will, in general, respond to the requests in your letter of November 7, 1986. The other portions of this submittal package will respond more in detail. Our firm is relatively new in organization, having been incor- porated in June of 1985. However, both principals (William Koptionak, CA RCE 14513 and Howard Almgren, CA RCE 22297) have been in the consulting engineering profession for a combined total of more than fifty years, providing studies, reports and investigations; designs; preparation of plans, specifications and estimates; construction management; and operational management. Both principals are civil/sanitary engineers, registered in the State of California. Their resumes are indicated in a more detailed form in the SF 255 and in the general brochure. ALMGREN & KOPTIONAK, INC. Gary Kellison December 4, 1986 Page 2 We see no difficulties in meeting your design schedule of months, after notice to proceed is given. six Within the last two years, we, either as a company, or as project managers in other endeavors, have designed numerous sewage treatment plants and the following sewage pump stat ions: 1) Nine pump stations for Camp Pendleton. 2) One pump station for the City of San Diego. 3) One pump station for the City of Coronado. , 4) We have just been selected by the City of San to provide the design for another pump station. We utilize the following sub-consultants in the design of our projects: Soils Engineering: NINYO AND MOORE Roy Moore, Principal 10225 Barnes Canyon Rd., Suite A112 San Diego, California 92121 Telephone No. 457-0400 Electrical Engineering: RJM ASSOCIATES, INC. Milt Niederhaus, President 9840 Erma Road, Suite 300 San Diego, California 92131 Telephone No. 586-6272 Our qualifications, sewage lift station in much more detail William Koptionak project. experience of the firm and individuals in design, and firm resources are indicated in our SF 255 and our company brochure. would be the Project Manager of this ALMGREN & KOPTIONAK, INC. Gary Kellison December 4, 1986 Page 3 In accordance with your request, we are submitting the follow- ing references concerning our work on pump stations: 1) Mr. Linwood C. Newton, P.E. Director of Engineering Services City of Coronado 1330 First Street Coronado, California 92118-1545 Telephone No.: (619) 522-7383 Project: Storm/Sewage Pump Station 2) Mr. Fred Kawahara, P.E. Design Manager Department of the Navy Western Division Naval Facilities Engineering Command P. 0. Box 727 San Bruno, California 94066 Telephone No.: (415) 877-7408 Project: Sewage Pump Stations at Camp Pendleton 3) Mr. James Mueller Principal Sanitary Engineer City of San Diego Water Utilities Department 1222 First Avenue San Diego, California 92101 Telephone No.: (619) 236-7821 Project: Palm City Pump Station Our firm is located in the northern part of San Diego, approxi- mately 17 miles from the City of Carlsbad. Our SF 255 and company brochure provide a detailed analysis of the organization and quality of the team to be assigned to this project. The fact that we have done a multitude of these projects, and our schedule should fully demonstrate our understanding of the requirements of the proposed project. ALMGREN A KOPTIONAK, INC. Gary Kellison December 4, 1986 Page 4 We have been in direct contact with Mr. Gary Kellison and Mr. Larry Wiley - both of whom have provided us with excellent information concerning the requirements of the project. It is our understanding that the pump station should have included in its design the following parameters: 1) A comminuter and bar rack, with the bar rack replaceable with another comminuter when and if the time arises. The comminuter would be of the rotating or reciprocating type, such as a "Muffin Monster", "Smith and Loveless", or "Clow". 2) Standby diesel engine/generator set, enclosed in a masonry building, with current noise and fuel storage requirements taken into account. The engine/generator set would be similar to a "Kohler", "Waukesha" or "Caterpillar". 3) High and low water alarms, power failure alarm, a sewer gas detector alarm, and telemetry (via leased, dedicated telephone lines) to the Oak Avenue Public Works Yard, the operator on duty for the pump station, and the police station. The police would have a list of other personnel to call in such cases of emergency. The main element of the telemetry system would be an Automatic Dialing, Alarm Monitor, as manufactured by Capital Controls Company. The control levels and alarm systems would be activated by a reputable multiple "bubbler system" level sensing device. 4) The pumps would be of the non-clog flooded suction type, similar to "Smith and Loveless" or "Fairbanks-Morse" with ceramic mechanical seals. A minimum of two constant speed pumps would be provided. One pump would remain on standby. 5) The station configuration would be in two separate below ground structures, the wet well (of adequate size to eliminate an external holding pond) containing the raw sewage to be pumped and the dry-well housing the pumps, motors, controls, piping and valves, dehumidifiers, and flow meter. Stairways would not be "ships-ladders" types, but comfortable - domestic type. Enough room would be provided to adequately and comfortably service all equip- ment. All doors and hatchways used for maintenance would ALMGREN & KOPTIONAK, INC. Gary Kellison December 4, 1986 Page 5 be easily accessible and utilizable. It would also behoove the City to investigate the cost-savings for a pump station configuration where the pump room is located above the wet well. The site would (including turn landscaping and be adequately designed, with access road around facilities), parking for servicing, irrigation, fencing, and night lighting. We have an City in an anxious to and look experienced staff and the expertise to serve the efficient, competent, and timely manner. We are demonstrate to you the caliber of service we offer forward to an opportunity to present our qualifications in more detail. William Koptionak, P.E. Pres ident WK:csh Enclosures Howard Almgren, PhD., P.E. Vice President