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.
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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
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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
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to accomplish such studies. I
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
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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
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TLAUDE A. LEWIS, Mayor
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ATTEST:12
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(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
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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
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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
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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
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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
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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
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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 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.
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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
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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
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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
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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
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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