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HomeMy WebLinkAbout1987-02-17; City Council; 8891; Agreement for sewer master planCH OF CARLSBAD — AGEND BILL MTQ.02/17/87 PEPT.ENG TITLE: EXECUTION OF CONSULTANT AGREEMENT FOR UPDATING OF SEWER MASTER PLAN AND PREPARATION OF GROWTH MANAGE- MENT ZONE FACILITIES PLANS CITY ATTY CITY RECOMMENDED ACTION: O LU oCCO.Q_ O O O Oo Adopt Resolution No. <^7&d^ retaining Dexter Wilson Engineering in association with Roger W. Greer Consultants to prepare a revised Sewer Master Plan and assist in the preparation of Growth Management Zone Facilities Plans. ITEM EXPLANATION In April of 1985 the Council adopted a Sewer Master Plan for the City. Since that date the City has undergone significant development and is in the process of implementing a Growth Management program. In the intervening time, interim systems varying from the Master Plan have been constructed and land uses have been significantly reduced. The preparation of Zone Facility Plans requires that we again analyze the Master Plan and develop implementation strategies to accom-modate future development. To accomplish this task in the short time frame required is beyond our current staff capabilities. It is, therefore, recommended that a consultant be retained to assist in these efforts. Also, because of the restricted time constraints, the consultant selected must be intimately familiar with the City's sewer system, the Growth Management Plan and critical regional sewer issues. Three firms were identified that meet this criteria: Fraser & Associates Almgren & Koptionak, Inc. Dexter Wilson Engineers in association with Roger W. Greer Howard Almgren is the project manager for NBS who prepared the most recent plan update. Proposals were received from each firm and interviews were conducted. It was determined that Dexter Wilson Engineers was the most conversant in local issues and best able to meet the requirements of the scope of services. SCOPE OF SERVICES The scope addresses: of services involves numerous tasks, but Revision of Plan to reflect new land use data. PAGE 2 OF AGENDA BILL NO. Preparation of the sewer elements for Zones 1 to 6 Facil- ities Plans. Completion of Planning for the South Aqua Hedionda (Cannon Road) sewer line including negotiation of a joint facility with Vista. 0 Evaluation of the Calavera Hills Treatment Plant reclama- tion potential. 0 Review of Zone Facilities Plans Zones 7-25. Vista has given preliminary indications that they will participate in the cost of regional studies related to the South Agua Hedionda Trunk Sewer. FISCAL IMPACT This project is not to exceed the contract amount of $56,900.00 which is to be appropriated from the unreserved balance of the sewer construction fund. This fund, after appropriation, will contain over $2.5 million. EXHIBITS 1. Resolution No. o / (t> jf retaining Dexter Wilson Engineering in association with Roger W. Greer Consultants to prepare a revised Sewer Master Plan and assist in the preparation of Growth Management Zone Facilities Plans. 2. Agreement for Update of Sewer Master Plan. 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. 8968 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR UPDATE OF SEWER MASTER PLAN AND PREPARATION OF GROWTH MANAGEMENT ZONE FACILITIES PLANS. WHEREAS, the City of Carlsbad has adopted a Growth Management Plan which significantly modifies land use intensity within the City ; and WHEREAS, construction activities have modified existing sewer facilities at variance with the existing Sewer Master Plan; and ! WHEREAS, the City wishes to solicit assistance in the prepa- j ration of Growth Management Zone Facilities Plans; and | WHEREAS, proposals for the update of the Sewer Master Plan \ have been received and reviewed; and ' WHEREAS, funds are available in the sewer construction fund j i to accomplish such studies. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the j City of Carlsbad, California, as follows: ! 1. That the above recitations are true and correct. ! 2. That the City Council of the City of Carlsbad, California ; hereby contracts with Wilson Engineering in association with Roger i W. Greer Consultants to update the Sewer Master Plan. : 3. That an amount not to exceed $56,900.00 is to be appro- priated from the unreserved balance of the Sewer Construction i Fund. ! /// ALETHA L. RAUTENKRANZ, City Cl\rk 4. That the Mayor is authorized to execute the consultant agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of February , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None 8 ABSENT: None 9 TLAUDE A. LEWIS, Mayor 11 ATTEST:12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) AGREEMENT FOR AN UPDATED SEWER MASTER PLAN AND SEWER WASTEWATER TREATMENT ELEMENTS FOR GROWTH MANAGEMENT ZONE FACILITIES PLANS THIS AGREEMENT, made and entered into as of the day of ^i^^L^. _ , 19^7 , by and between the CITY OF ^CARLSBAD, a municipal corporation, hereinafter referred to as "City," and WILSON ENGINEERING, hereinafter referred to as "Consultant." RECITALS City requires the services of WILSON ENGINEERING, in association with ROGER W. GREER CONSULTANTS, to provide the necessary engineering services for preparation of an updated Sewer Master Plan and Sewer Wastewater Treatment Elements for Growth Management Zone Facilities Plans; and Consultant possesses the necessary skills and qualifica- tions 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 SEE ATTACHED SCOPE OF SERVICES, EXHIBIT A - 2 - 2. CITY OBLIGATIONS The City shall promptly provide the following information: A. Land use data by sewer basins, sub-basins and Growth Management Zone. Data shall include existing land uses approved for development but not yet constructed and ultimate land use. B. Provide all data required to evaluate existing sewer basin boundaries and system capacity including relevant line sizes, location, lengths and slopes by reach, pipe materials and any flow measurements that may exist. C. Provide copies of any improvement plans required to facilitate completion of the Scope of Services within the project schedule. D. Assist in obtaining relevant data from other agencies required to complete this contract. 3. PROGRESS AND COMPLETION The work under this Contract will begin immediately upon receipt of notification to proceed by the City and be completed within the time frame detailed in the project schedule attached as Exhibit B. 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 cost ceiling for all tasks but tasks 2b and 9 shall be $56,900.00. A breakdown of costs and hours for all tasks exclusive of tasks 2b and 9 is delineated in Exhibit C. The level of effort for tasks 2b and 9 is impossible to estimate at this time and work under these tasks will be done on an hourly rate basis as directed by the City Engineer. An estimated cost ceiling of $5,000.00 will be established for these tasks but no work shall be conducted under these tasks unless directed to do so by the City Engineer. 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 Work completed under this contract will be billed on a monthly basis. Fees will be calculated on an hourly rate basis by multiplying the actual hours worked in each classification by the rates shown in the Rate Schedule attached as Exhibit "D." Fees for tasks 1, 2a, 2c - 2g, 4 - 8, 10 and 11 will not be itemized and will be billed together. Fees for tasks 2b, 3 and 9 will be itemized. Direct costs for subcontractors and report reproduction will be billed at cost. 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: One hundred (100) copies of the final adopted sewer master - 4 - plan, the camera ready original, any base mylar originals and all technical back up materials, field data, computer disks and copies of relevant project correspondence. 7. CHANGES IN WORK If, in the course of this Contract, 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 studies consistent 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, 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 laws 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 - 6 - 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 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 - 7 - remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of updating the sewer master plan and preparation of the sewer and wastewater treatment element of the Growth Management Zone Facility Plans and any payments made to Consultant are compensaton solely for such services. Consultant shall certify as to the correctness of all data, calculation, and estimates furnished with Registered Civil Engineer's number. Consultant shall not be responsible for data provided by the City. 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. 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 - 8 - 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 pursuant to this contract. 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, workers compensation payment which the City may be required to make on behalf of consultant or any employee of 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 DOCUMENTS All plans, studies, sketches, drawings, reports, and - 9 - 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 plans for his/her records. 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 reports, 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. - 10 - 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. It is the intent of City and Consultant to subcontract with Roger W. Greer Consultant to provide overall background and review throughout the Master Plan development. 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 - 11 - 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. 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. The Consultant - 12 - shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILSON ENGINEERING Title: CITY OF CARLSBAD CLAUDE A. 'LEWIS, Mayor APPROVED AS TO FORM:ATTESTED: City Clerk \<P A-l EXHIBIT A SCOPE OF SERVICES Task 1 - Develop sewage generation for the gravity subbasins. a. Coordinate with the City for the correlation of the 25 Development and Community Facilities Management Zones with the gravity subbasins. (The City will provide the population and commercial growth patterns for the gravity subbasins based on the 25 zones.) b. Develop sewage flows for the subbasins. Task 2 - Develop a comprehensive master plan of conveyance facilities. a. Review and provide recommended peaking factors. b. Provide flow monitoring as needed and agreed. c. Review existing flow monitoring data. d. Develop estimated flows for the conveyance facilities. e. Review alternatives to sewer the north La Costa area. f. Review Lake Calaveras WRP and its impact on the conveyance facilities. g. Develop sizes and alignments for the facilities. Task 3 - Study the South Agua Hedlonda Interceptor and make recommendations for design and construction of the interceptor. a. Meet with the City of Vista, Buena Sanitation District and San Marcos County Water District to determine their needs in the Agua Hedionda and Encina Drainage Basins. b. Determine the most cost-effective method n A-2 to meet the future needs of the Encina and Agua Hedionda Drainage Basins. c. Review the condition of the Buena Interceptor. d. Provide preliminary environmental work on the proposed South Agua Hedionda Interceptor alignment. Task 4 - Review wastewater treatment alternatives and provide recommendations for future facilities. This task will include an evaluation of the Lake Calaveras WRP. Task 5 - Develop cost estimates and an implementation schedule for needed facilities. Task 6 - Develop funding and financing alternatives. Task 7 - Coordinate with Encina as needed on the facilities plan for the Encina WPCF. Task 8 - Develop facilities management plans for zones 1-6 and prepare reports. Task 9 - Coordinate with developers for preparation of facilities management plans for zones 7-22. Task 10 - Reclamation. a. Provide a drawing of existing reclaimed water lines. b. Provide a list of possible major users in the City of Carlsbad. Task 11 - Prepare 100 copies of the report with figures and tables. EXHIBIT B PROJECT SCHEDULE TASK COMPLETION DATES 3 March 13, 1987 8 April 9, 1987 1,2,4-7,9-11 August 14, 1987 C-l EXHIBIT "C" SUMMARY OF ESTIMATED COST TASK COST 1 $ 4,300 2 10,350 3 8,000 * 4 2,200 5 4,550 6 4,850 7 1,250 8 9,600 10 2,900 11 8.900 Estimated Cost Ceiling 56,900 Proposed cost split with Vista 50/50 SUMMARY OF ESTIMATED HOURS C-2 TASK 1. a. b. Subtotal 2 . a . c . d. e . f . 8- Subtotal 3 . a . b. c. d. Subtotal 4. 5. 6. 7. 8. 10 a. b. Subtotal 11. Engineering 20 40 60 20 20 20 20 20 60 160 40 60 10 20 130 40 80 80 20 120 20 20 40 60 Drafting Clerical 20 10 10 20 20 — — — -- -- — — 40 20 40 20 -- 20 — — 10 20 10 — — 10 30 10 60 60 20 __ 20 0 40 80 Total 50 50 100 20 20 20 20 20 120 220 40 80 10 30 160 40 90 110 30 240 40 20 60 180