HomeMy WebLinkAbout1989-02-07; City Council; 9844; CONSULTANT CONTRACT FOR THE UPDATE OF THE WATER RECLAMATION MASTER PLAN FOR THE CITY OF CARLSBAD1
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Clpi OF CARLSBAD - AGENQ BILL / tic, / c
IDEPT.
CITY E
AB# gr'/d TITLE: CONSULTANT CONTRACT FOR THE UPDATE
MTG. 2-7-89 OF THE WATER RECLAMATION MASTER PLAN
FOR THE CITY OF CARLSBAD
DEPT. U/M CITY n
RECOM M EN DED ACTION:
Adopt Resolution NO, f -35 approving a consultant coiitrac with Luke-Dudek Civi &- Engineers, Incorporated, for th
preparation of an update to the reclaimed water master plm fc
the City of Carlsbad.
ITEM EXPLANATION:
On August 16, 1988, City Council adopted Resolution No. '88-29 authorizing staff to solicit proposals from qualified civi engineering firms to prepare an updated Water Reclamation ;!Taste Plan for the City of Carlsbad.
Subsequently, staff prepared a detailed scope of work for tk requirements of this plan and proposals were solicited frc
fourteen (14) qualified engineering firms. Nine (9) forma
proposals were submitted and after a review by staff, Luke-Dud€
submitting the most comprehensive, complete, and COSt-effeCti\
proposal. The attached consultant contract includes al provisions necessary for the completion of the Water Reclamatic
Master Plan within six (6) months of receipt of the Notice t
Proceed. Staff recommends approval of the attached consultar
contract.
The Consultant will analyze the existing water reclamatic
situation in Carlsbad, which will include analysis of reclaim€
water markets in Carlsbad and surrounding communities, as we1
as reclamation policies and procedures. The Consultanl: wil
study the regulatory constraints on the use of reclaimed water
and the reclaimed water sources available. An analysis c existing reclaimed water storage and distribution facilitie will be conducted, alternative storage and distribution will k
evaluated, and a new facilities plan recommendec
Implementation scheduling and costs will be addressed by tk
and operational costs of the water reclamation program will k
recommended. Finally, the Consultant will revise and updat
City reclaimed water rules and regulations, and provic
recommendations on staffing, training, inter-agency coordinatic
and customer service and procedures.
Civil Engineers, Incorporated, was identified as the fir
Consultant and alternative means of financing both the capitz
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FISCAL IMPACT:
The attached consultant contract provides for a lump sum fe
cost of $54,680 to perform all necessary services. These fund
are available in account number 511-840-6110-2479.
EXHIBITS :
1. Resolution No. f -35 approving a consultant contrac
with Luke-Dudek ivil Engineers, Incorporated, for tk
preparation of an updated water reclamation master pla
for the City of Carlsbad.
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2. Consultant contract
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RESOLUTION NO. 89-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONSULTANT CONTRACT BETWEEN THE CITY
FOR THE PREPARATION OF AN UPDATED WATER RECLAMATION MASTER
OF CARLSBAD AND LUKE-DUDEK CIVIL ENGINEERS, INCORPORATED,
PLAN FOR THE CITY OF CARLSBAD.
WHEREAS, proposals have been received by the City of
Carlsbad for the preparation of an update water reclamatior
master plan for the City of Carlsbad.
WHEREAS, the firm of Luke-Dudek Civil Engineers,
Incorporated has been selected to perform the design services
in the amount of $54,680; and
WHEREAS, funds in the amount of $60,000 are available ir
account number 511-840-6110-2479 for the preparation of the
Water Reclamation Plan Update.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2, That a consultant agreement between the City of
Carlsbad and Luke-Dudek Civil Engineers, Incorporated for the
lpreparation of an updated water reclamation plan, is herebi
accepted and the Mayor and City Clerk are hereby authorized
and directed to execute said agreement.
3. Following the Mayor's signature of the contract, the
City Clerk is further authorized and directed to forward
copies of said contract to Luke-Dudek Civil Engineers,
Incorporated, 605 Third Street, Enchitas, California 92024.
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PASSED, ADOPTED AND APPROVED at a regular meeting of th
Carlsbad City Council held on the 7th day of February
1989, by the following vote, to wit:
AYES: Council Member Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council Member Pettine 1
/ (~/// - ~ &// - ///,4 CLAUDE A.C l?EhIS; Mayor I- v
ATTEST:
/*a%& &. /?a- ALETHA L. RAUTENKRANZ, City &erk
(SEAL)
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CONTRACT FOR PREPARATION OF CITY OF CARLSBAD
WATER RECLAMATION PLAN UPDATE
day THIS CONTRACT, made and entered into as of the
, 198-, by and between the CITY OF CARLSBAD, a municil
corporation, hereinafter referred to as tlCity," and Luke-Dudek
Civil Engineers, Inc., hereinafter referred to as "Consultant.'
RECITALS
The City requires the services of a qualified engineer:
consultant to provide the necessary services for preparing 1
City's water reclamation plan update; and
The Consultant possesses the necessary skills i
qualifications to provide the services required by the City:
NOW, THEREFORE, in consideration of these recitals and 1
mutual covenants contained herein, City and Consultant agree
follows:
1. CONSULTANT'S OBLIGATIONS
The Consultant shall provide necessary engineering servic
to develop an acceptable water reclamation plan update
accordance with the attached Scope of Work and the "Proposz
submitted by the Consultant, dated November 21, 1988, and t
letter from the Consultant dated January 6, 1989, which are on fi
in the Utilities and Maintenance Department office.
2. CITY OBLIGATIONS
The Utilities & Maintenance Director, or his designat
representative, shall provide appropriate direction to t
consultant.
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3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) dz
after receipt of Notification To Proceed by the Utilities
Maintenance Director and be completed within the time lin
specified. Extensions of time may be granted if requested by t
Consultant and agreed to in writing by the Utilities & Maintenar
Director. In consideration of such requests, the Utilities
Maintenance Director will give allowance for documented E
substantiated unforeseeable and unavoidable delays not caused
a lack of foresight on the part of the Consultant, or delays caus
by City inaction or other agenciest lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, I1PaymE
of Fees," shall be in accordance with the attached hourly rat
schedule provided by the Consultant. No other compensation f
services will be allowed except those items covered by Supplement
Contracts per Paragraph 7, I1Changes in Work.Il
5. PAYMENT OF FEES
a. As full compensation for the Contractor's performance
work under this Contract, City shall make payment to the Contract
per Section 9-3.2 of the current edition of the Standa
Specifications for Public Works Construction.
b. Invoices fromthe Contractor shall be submitted accordi
to the required City format to the office of the Utilities
Maintenance Director at 2075 Las Palmas Drive, Carlsbad, Californ
92009-1519 no later than the Monday before the third Friday of t
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month. Payments will be delayed if invoices are received aft
that time. The final retention amount shall not be released unt
the expiration of thirty-f ive (35) days following the recording
the Notice of Completion pursuant to California Civil Code, Sectj
3184.
c. Payment of fees for this Contract shall not exceed
$54,680.
6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of t
final work, the Consultant shall deliver to the City the followi
items:
a. Original mylars, if required, at scale of the drawir
reproducible on standard 24" by 36" sheets. Mylars will
provided by the Consultant.
b. All final engineering certifications and documents. T
plans shall be signed by a Registered Civil Engineer.
7. CHANGES IN WORK
If, in the course of this Contract, changes deemed merited
the Consultant or the City, and informal consultations with t
other party indicate that a change in the conditions of t
Contract is warranted, the Consultant or the City may request
change in Contract. Such changes shall be processed by the Ci
in the following manner: A letter outlining the required changc
shall be forwarded to the Utilities & Maintenance Director by tl
Consultant informing the Director of the proposed changes a101
with a statement of estimated changes in charges or time schedulc
After reaching mutual agreement on the proposal , a Supplement;
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Contract shall be prepared by the City, and approved by the Ci
Council or City Manager. Such Supplemental Contract shall r
render ineffective or invalidate unaffected portions of t
Contract. Changes requiring immediate action by the Consultant
the City shall be ordered by the Utilities & Maintenance Direct
who will inform a principal of the Consultant's firm of t
necessity of such action and follow up with a Supplemental Contra
covering such work.
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications
accordance with the design standards of the City of Carlsbad a
recognized current design practices. Applicable City of Carlsb
Standards and Regional Standards shall be used where appropriat
Copies of such standards may be obtained from the City of Carlsba
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed
retained any company or person, other than a bona fide employ
working for the Consultant, to solicit or secure this Contrac.
and that Consultant has not paid or agreed to pay any company (
person, other than a bona fide employee, any fee, commissioi
percentage, brokerage fee, gift, or any other consideratic
contingent upon, or resulting from, the award or making of th
Contract. For breach or violation of this warranty, the City sha
have the right to annul this Contract without liability, or, in i..
discretion, to deduct from the agreement price or consideratior
or otherwise recover, the full amount of such fee, commissior
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percentage, brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Fedei
Regulations regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecul
deliver, or perform the work as provided for in this Contract, i
the Notice to Proceed, the City may terminate this Contract j
nonperformance by notifying the Consultant by certified mail of 1
termination of the Contract. The Consultant, thereupon, has f:
(5) working days to deliver said documents owned by the City i
all work in progress to the Utilities & Maintenance Director. r:
Utilities & Maintenance Director shall make a determination of f:
based upon the documents delivered to the City of the percent:
of work which the Consultant has performed which is usable and
worth to the City in having the Contract completed. Based uy
that finding, a determination of the final payment of the Contri
shall be made.
12. DISPUTES
If a dispute should arise regarding the performance of wc
under this Contract, the following procedure shall be used
resolve any question of fact or interpretation not otherwj
settled by agreement between parties. Such questions, if tk
become identified as a part of a dispute among persons operatj
under the provisions of this Contract, shall be reduced to writj
by the principal of the Consultant or the Utilities & Maintenar
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Director.
both parties involved along with recommended methods of resolutj
which would be of benefit to both parties. The Utilities
Maintenance Director or the principal receiving the letter shz
reply to the letter along with a recommended method of resolutj
within ten (10) days. If the resolution thus obtained
unsatisfactory to the aggrieved party, a letter outlining t
dispute shall be forwarded to the City Manager or the City Counc
through the Office of the City Manager for resolution. The Ci
Council or the City Manager may then opt to consider the direct
solution to the problem. In such cases, the action of the Ci
Council shall be binding upon the parties involved, althou
nothing in this procedure shall prohibit the parties seeki
A copy of such documented dispute shall be forwarded
remedies available to them at law.
13. CLAIMS AND LAWSUITS
Contractor shall comply with the Government Tort Claims A
(California Government Code, Section 900 et seq.) prior to fili
any lawsuit for breach of this Contract or any claim or cause
action for money or damages.
14. ARBITRATION
Any controversy or claim in an amount up to $50,000 arisi
out of or relating to this contract or the breach thereof, may,
the option of the City, be settled by arbitration according to tl
construction industry rules of the American Arbitration Associatic
and judgement upon the award rendered by the arbitration may 1
entered in any California Court having jurisdiction thereof. TI
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award of the arbitrator shall be supported by the law
substantial evidence as provided by CCR Section 1296.
15. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional engineer
services as set forth herein and any payments made to Consult4
are compensation solely for such services. The Consultant sh<
certify as to the correctness of all designs and sign all pla.
specifications, and estimates furnished with a Registered Ci.
Engineer's number.
16. SUSPENSION OR TERMINATION OF SERVICES
This Contract may be terminated by either party upon tender
thirty (30) days written notice to the other party. In the evt
of such suspension or termination, upon request of the City, I
Consultant shall assemble the work product and put same in or(
for proper filing and closing and deliver said product to 1
Utilities and Maintenance Director. In the event of termhatic
the Consultant shall be paid for work performed to the terminat.
date: however, the total shall not exceed the guaranteed tot
maximum. The City shall make the final determination as to t
portions of tasks completed and the compensation to be mac
Compensation to be made in compliance with the Code of Feder
Regulations.
17. STATUS OF THE CONSULTANT
a. The Consultant shall perform the services provided 1
herein in Consultant's own way as an independent Contractor and
pursuit of Consultant's independent calling, and not as an employ
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of the City. The Consultant shall be under control of the Ci
only as to the result to be accomplished and the personnel assigr
to the project, but shall consult with the City as provided f
herein.
b. The Consultant is an independent contractor of the Cit
The payment made to the Consultant pursuant to this Contract sha
be the full and complete compensation to which the Consultant
entitled. The City shall not make any Federal or State t
withholdings on behalf of the Consultant. The City shall not
required to pay any workers' compensation insurance on behalf
the Consultant. The Consultant agrees to indemnify the City f
any tax, retirement contribution, social security, overti
payment, or workers' compensation payment which the City may
required to make on behalf of the Consultant or any employee of t
Consultant for work done under this Contract.
c. The Consultant shall be aware of and comply with a
Federal, State, County and City Statutes, Ordinances a
Regulation, including Workers! Compensation laws (Division
California Labor Code) and the t!Immigration Reform and Control A
of 1986" (SUSC, Sections 1101 through 1525), to include but nc
limited to, verifying the eligibility for employment of all agent:
employees, subcontractors and consultants that are included in th.
Contract.
18. CONFORMITY TO LEGAL REOUIREMENTS
a. The Consultant shall cause all drawings ai
specifications to conform to all applicable requirements of la1
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Federal, State, County and City. Consultant shall provide
necessary supporting documents, to be filedwith any agencies wh
approval is necessary.
b. The City will provide copies of the approved plans to
other agencies.
19. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports,
specifications as herein required are the property of the Ci
whether the work for which they are made is to be executed or n
In the event this Contract is terminated, all documents, plai
specifications, drawings, reports, and studies shall be delive:
forthwith to the Utilities & Maintenance Director. The Consulti
shall have the right to make one (I) copy for the Consultani
records.
20. HOLD HARMLESS CONTRACT
The City, its officers, and employees shall not be liable :
any claims, liabilities, penalties, fines, or any damage to goo(
properties, or effects of any person whatever, nor for persoi
injuries or death caused by, or claimed to have been caused by,
resulting from, any intentional or negligent acts, errors
omission of the Consultant or the Consultant's agents, employee
or representatives. The Consultant agrees to defend, indemnif
and save free and harmless the City and its officers and employ€
against any of the foregoing liabilities or claims of any kind e
any cost and expense that is incurred by the City on account of E
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of the foregoing liabilities,
reason of alleged defects in any plans and specifications.
21. ASSIGNMENT OF CONTRACT
including liabilities or claims
The Consultant shall not assign this Contract or any pl
thereof or any monies due thereunder without the prior writ.
consent of the City.
2 2. SUBCONTRACTING
If the Consultant shall subcontract any of the work to
performed under this Contract, the Consultant shall be fu
responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly
indirectly employed by the subcontractor(s), as the Consultant
for the acts and omissions of persons directly employed
Consultant. Nothing contained in this Contract shall create
contractual relationship between any subcontractor of Consult
and the City. The Consultant shall bind every subcontractor l
every subcontractor of a subcontractor by the terms of tl
Contract applicable to Consultant's work unless specifically no
to the contrary in the subcontract in question and approved
writing by the City.
23. PROHIBITED INTEREST
No official of the City who is authorized in such capacity
behalf of the City to negotiate, make, accept, or approve, or t
part in negotiating, making, accepting, or approving of
architectural, engineering, inspection, construction or mater
supply contractor, or any subcontractor in connection with
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construction of the project, ghall beeme directly or hdirecl
interested personally in this Contract or in any part thereof.
officer, employee, architect, attorney, engineer, or inspector
or for the City who is authorized in such capacity and on behi
of the City to exercise any executive, supervisory, or otk
similar functions in connection with the performance of tk
Contract shall become directly or indirectly interested personal
in this Contract or any part thereof,
24. VERBAL CONTRACT OR CONVERSATION
No verbal agreement or conversation with any officer, ager
or employee of the City, either before, during, or after t
execution of this Contract, shall affect or modify any of the ter
or obligations herein contained nor such verbal agreement
conversation entitles the Consultant to any additional payme
whatsoever under the terms of this Contract.
25. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 20, “Hold Harmle
Contract, ‘I all terms, conditions, and provisions hereof sha
insure to and shall bind each of the parties hereto, and each
their respective heirs, executors, administrators, successors, a
assigns.
26. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Stateme
with the City Clerk of the City of Carlsbad in accordance with t.
requirements of the City of Carlsbad Conflict of Interest Coc
prior to commencing work under this Contract.
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27. INSURANCE
a. The Consultant shall obtain and maintain a policy
policies of liability insurance from an insurance comp;
authorized to be in business in the State of California, in
inaurable amount of at least one million dollars ($I,OOO,O(
combined single limit covering its operations including cover;
for contractual liability and insurance covering liability st
forth herein. This insurance shall be in force during the life
this Contract and shall not be cancelled without thirty (30) d:
prior written notice to the City Clerk.
b. The City shall be named as an additional insured on tl
policy. The Consultant shall furnish a certificate of said
insurance to the City Clerk prior to commencing work under tl
Contract.
28. EFFECTIVE DATE
This Contract shall be effective on and from the day and yc
first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
(CONSU ANT’S AME) CITY OF CARLSBAD:
By $AJ[)& T,&
Claude A. Lewis, Mayor \Y’rn,PGd7-
Title ’
ATTESTED :
City Clerk
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CITY OF CARLSBAD WATER RECLAMATION PWI
SCOPE OF WORK
1. INTRODUCTION
a) Background b) Authorization c) Master Plan Purpose d) Previous Studies
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2. EXISTING SITUATION
a)
b)
c) d) Regul atory Considerations
e) f) Reclamation in Carlsbad
Growth Management (General ) P1 an
Potable Water Supply - Master Plan
Sewerage Master Plan - Carlsbad and Surrounding Agencies
Reclamation Policies and Studies - Carlsbad and Surrounding Agenc
3. RECLAIMED WATER MARKETS
a) b) Carlsbad Markets c) Adjoining Community Markets
Reclaimed Water Uses and Constraints
4. RECLAIMED WATER SOURCES
a) Carl sbad (Cal avera Treatment P1 ant) b) Other Agencies
RECLAIMED WATER STORAGE AND DISTRIBUTION SYSTEM
a) Existing Reclaimed Water Storage and Distribution Facilities b) Facilities Proposed By Other Pertinent Studies (Water Author Study; County Study) c) Design Considerations d) Faci 1 i ty P1 an Alternatives e) Alternative Construction and Operating Costs f) Recommended Facilities and Costs
5.
6. IMPLEMENTAT ION
a) Implementation Schedule b) Incremental Implementation Costs
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WATER RECLAMATION PLAN -2-
7. FINANCING
a) Capital Financing Alternatives b) Recommended Capital Financlng c) Operational Financing Alternatives
d) Recommended Operational Fi nanci ng
8. OPERATIONS AND WINTENANCE
a) Revise and update City Reclaimed Water Rules and Regul ati ons b) Staffing and Training c) Regul atory Compl i ance d) Inter-Agency Coordination e) Reclaimed Water Customer Service and Procedures
,