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HomeMy WebLinkAbout1989-02-07; City Council; 9844; CONSULTANT CONTRACT FOR THE UPDATE OF THE WATER RECLAMATION MASTER PLAN FOR THE CITY OF CARLSBAD1 a w B a LL % .. z 0 6 a 5 J z 3 0 0 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 PAGE 2 OF AB# e2744 / 0 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. 7& 2. Consultant contract 1 2 3 4 5 6 7 a g 10 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 20 e e 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. /I/ I /I/ /I/ 1 1 2 3 4 5 6 a 7 9 10 11 12 13 14 15 16 3.7 i 0 e 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) l8 19 - 20 21 22 23 24 25 26 27 28 I I ~ 1 1 e e 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. 1 e 0 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 2 e e 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; 3 0 0 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 4 0 e 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 5 0 0 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 6 0 0 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 7 0 0 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 8 0 0 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 9 0 0 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 10 e e 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. 11 e m 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 12 0 0 CITY OF CARLSBAD WATER RECLAMATION PWI SCOPE OF WORK 1. INTRODUCTION a) Background b) Authorization c) Master Plan Purpose d) Previous Studies I 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 e e 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 ,