HomeMy WebLinkAbout1991-04-23; Municipal Water District; 102; Consultant Agmt. to Obtain Temporary WaiverI CARLSBAD Mf -‘ICIPAL WATER DlSTRlti - -3ENDA BILL i,(pLi’ @. -& I
IDEPT. HD. E AB # /0llL TITLE: APPROVAL OF CONSULTANT AGREEMENT
MTG. y-23 - 91 TO OBTAIN A TEMPORARY WAIVER FOR
DEPT. ENG. FRAZEE, UKEGAWA AND CALTRANS CMWD PROJECT NO. 91-302
I RECOMMENDED ACTION:
Adopt Resolution No. 732 approving a consultant agreement for preparing an application for a temporary waiver for Frazee, Ukegawa and CALTRANS. CMWD Project No. 91-302.
I ITEM EXPLANATION
The Regional Water Quality Control Board requires a waiver from existing waste discharge requirements for lands farmed by Frazee and Ukegawa which are north of Palomar Airport Road. They also require an application for a waiver to allow the use of effluent from the Shadowridge Water Reclamation Facility for irrigation at Frazee, Ukegawa and CALTRANS. The fail safe line that will be used for irrigation for these properties originates from the Meadowlark Reclamation Plant which meets Title 22 requirements. Shadowridge Treatment Plant is secondary only and does not meet Title 22 requirements. The effluent of Shadowridge Treatment Plant ties into the Meadowlark Reclamation Plant fail safe line below the Aviara connection. As a result of these two different quality effluent being combined in the one fail-safe pipe, the Regional Water Quality Board assumes that the resultant quality of the,water is equal to the lesser quality of the two effluent. Therefor, an application is required by the Regional Water Quality Control Board for only Frazee, Ukegawa and CALTRANS.
Dudek & Associates, Inc. is familiar with this project and has prepared similar applications to the Regional Board, and due to the urgency of using reclaimed water, staff recommends that Dudek & Associates; Inc. be selected to prepare the application.
The scope of work in the attached consultant agreement will include the following:
Waiver of application for Frazee, Ukegawa and CALTRANS Application for use of effluent from Shadowridge - Meetings with Regional Board
I FISCAL IMPACT
The attached consultant agreement provides for lump sum fees of $17,410 for the application of waiver. The funds are available for this project from the Water Reclamation Loan received by the District for Phase I.
I EXHIBITS
2 I 1. Location Map.
I -
Page two Agenda Bill 10~
2. Resolution No. 732 approving a consultant agreement for preparing an application for a temporary waiver for Frazee, Ukegawa and CALTRANS. CMWD Project No. 91-302.
3. Consultant agreement.
CMWD 91-302
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CA RCTAJ CO e
d-401 MCSNC~Ht3S-@U WQ .
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PLOT MAP FUR TEMPORARY
WAIVER FOR
FRAZEE, UKEGAWA, & CALTRANS
CMWD 91-302
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AGREEMENT
THIS AGREEMENT, made and entered into as of the ~?d~ day
of I 199/. by and between the CARLSBAD
MUNICIPAL WATER DISTRICT, hereinafter referred to as 1'District88,
and Dudek & Associates, Inc. hereinafter referred to
as llConsultantll.
District re
RECIw ‘. $4
necessary ervices for
TEMPORARY WA
Ukegawa which are ication for a waiver to wridge Water Reclamation Facility for irrigation at Frazee, Ukegawa and CALTRANS. The
required documentation as part of the waiver application will be
prepared and submitted with the application. Provide additional documentation to the Regional Board in support of the waiver as
well as apply for long term permits. Coordinate with and attend two meetings with the Regional Water Quality Control Board.
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2. DISTRICT OBLIGATIONS
The District shall furnish one copy of all information
needed in the application. Attend all meetings concerning this
waiver.
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COMPLETION “' iii, . s
er this contract'will begin with&B.'$en (10) days ‘,>i after receipt of notification to proceed by the District and be -“".y complet wi*in 20 working' days of that date. B&&ions of I '" I * A nted if re@ested by th&$onsultant ant%.'&#eed to in '2.
writing by the Distrie Bngi : or the General Manager. The 3 extensions -" til& documented and .i *. substantiatedun not caused by a .".
lack of fore&&t o&&he palrt: @', Cons&#&* or delays caused . "7 .!i;, .)_x 1 dl -; ,&‘ !$, +,;:;, gg.
by District in &k~~&&timely action. *(_ 4. : ," r i ,:" ~ F ** The total fee payable a&&ding'td "Paragraph 6, "Payment of
Fees," shall be $ 17,410 . No other compensation for services
will be allowed except those items covered by supplemental
agreements per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year
from the date thereof. The contract may be extended for one
addition&l one (1) year periods or parts thereof, based upon
satisfactory performance and the District's needs.
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6. PAYMENT OF FEES .
Payment of fees shall be upon delivery of approved final -
application for waiver .
7. FINAL SUBMIBBIONS
Within fifteen (15) days of completion and approval of the
District EngiE'+r
the Consultant s
% 8. c HANCIEB ;* ? .‘$ .' i ~'i,
If ‘3. PW course of thi contract& changes seem d by the . . /*’ ,?” & +
Consulta the Distri&,+~:and inf ' 1 consultat 8' other party indicate 4,&a%. a-' I the conditions of the
contract is
District i
changes shall
rict may request
he Consultant to
with a statement of
estimated changes in charg Q& yhedule. A supplemental
agreement shall be prepared by the District ,and approved by the
District. Such supplemental agreement shall not render ineffective
or invalidate unaffected portions of the agreement.
9. COVENANT8 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
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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 of this
agreement. For breach or violation of this warranty, the District
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 fees, gift, or contingent fee.
10. NONDIBC~ATION CLAUSE
The Consultant shall comply with the state and federal laws
regarding nondiscrimination*,
11. T~INATION OF CONTRACT
In the event of the ConsultanUs failure tom' prosecute,
deliver, or perform the work as provided-for in this contract, the
District may terminate thfr- con%zact for nonperformance by
notifying the Consultant by certified mail of the termination of
the Consultant.. The Consultant, Weupon, has five (5) working
days to deliver said documegxts, District b$tne District and all work
in progress to the office . The Enaineer
shall make a determination of fact based upon the documents
delivered to District of the percentage of work which the
Consultant has performed which is usable and of worth to the
District in having the contract completed. Based upon that finding
as reported to the General Manager, the General Manager shall
determine the final payment of the contract.
12. DIBPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
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resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to writing
by the principal of the Consultant or the District Engineer .
A copy of such documented dispuu &hall be forwarded to both ',, ,, with recemmd resolution which -'
would be of bene 0th parties. Th&:'Qi Engineer
g the lettem:,shall reply t etter along
with a ret d method of reso%tion within t ) days. If & thus obtain& is u&atisfactory to the aggrieved _' IL ',,> *$ :&$z?t
r outlining the dispu shall be f
ors for th&~resolut$? *$&
General Manager. The da&$ op r@%,may then opt to consider
the direct
the Board o
seeking remedi
the action of
ies involved,
the parties
This agreement may
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
District, the Consultant shall ,assemble the work product and put
same in order for proper filing and closing and deliver said
product to District. In the event of termination, the Consultant
shall be paid for work performed to the termination date: however,
the total shall not exceed the total fee payable under paragraph 4.
The District shall make the final determination as to the portions
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of tasks completed and the compensation to be made.
14. STATUS OF TES CONSULTANT
The Consultant shall perform the services provided for herein
in Consultant's own way as an independent contractor and in pursuit
~ of Consultant's independent calling, and not as an employee of the
~ District. Consultant shal%, be und&&ntrol of the District only : _c
hl: consult with the .,.: ,
is an inde e District.
o the Consul
complete colPpensat n to which the
The DistriWl
insurance on behalf of
payment, or
required to mak
The Consultant shall b&
Immigration Reform and Control Act of 1986 and shall comply with
those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors
and consultants that are included in this agreement.
15. 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
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documents, to be filed with any agencies whose approval is
necessary.
The District will provide copies of the approved plans to any
other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and
specifications as iie??%in reguired are the property of the District, 5. ‘" whether the work-“ -&fch they are made be,&cuted or not. In
" the event ontract is terminated, plans,
and studies shtiZ: be delivered ‘$
right to make
District a
rights which arise from
all be vested in
e&aims to such
not be liable
any damage to
goods, properties, or effects of any person whatever, nor for
personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omission of Consultant or
Consultant's agents, employees, .or representatives. Consultant
agrees to defend, indemnify, and save free and harmless the
District and its officers and employees against any of the
foregoing claims, liabilities, penalties or fines, including
liabilities or claims by reason of alleged defects in any plans and
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specifications, and any cost, expense or attorney's fees which are
incurred by the District on account of any of the foregoing.
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 District.
If the Cons?z$&nt'*shall subcontra
Consultant's
loyed by the
ions of p&sons dire
Nothing contained in
the work to be
ltant shall
omissions of
contractual
subcontracto
applicable to lly noted to the
contrary in the su
District.
21. PROHIBITED INTEREST
No official of the District who is authorized in such capacity
on behalf of the District to negotiate, make, accept, or approve,
or take part in negotiating, making, accepting, or approving of
this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or
employee of the District who is authorized in such capacity and on
behalf of the District to exercise any executive, supervisory, or
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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 District, either'bafore, during or after the ii ', execution of thi fy any of the terms
or obligations h
additional atsoever u@ r the terms of contract.
aragraph 18,' "Hold Harmless
their respective heir
ties heret@&,,
trators, successors, and
first above wr
The Consultant shall t of Interest Statement
with the Secretary of the Board of Directors in accordance with the
requirements of the Carlsbad Municipal Water District Conflict of
Interest Code. The Consultant shall report investments or
interests in real property.
26. INSURANCN
The Consultant shall obtain and maintain policies of general
liability insurance, automobile liability insurance, and a combined
policy of worker's compensation and employers liability insurance
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an
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from an insurance company authorized to do business in the State of
California in an insurable amount of not less than one million
dollars ($l,OOO,OOO) each, unless a lower amount is approved by the
General Counsel or the General Manager. This insurance shall be in
force during the life of this agreement and shall not be canceled
without thirty (30) days prior written notice to the District sent
by certified mail.
The District shall be named as an additional insured on these
policies. The Consultant shall furnish certificates of insurance
to the District before commencement of work.
Executed by Consultant this 4th day of April I i*(-:. ‘. 19%. ,_ 1s / )
CONSULTAWJ!t
ftitla and aruanization of \
STATJZ OF CALIFoRNLt
COUNTY OF SAN DIEGO ss.
onthis 4Tn day of APRIL iMbq?dgg1-
before me, the und&@cd ,.NotaryPuHicinandfor’said-yandsutc:
personally appeared FRANK J. DUDEK
$2 personally known to me (or prcwcd to me on the basis of satisfactory cvidcna)
-3 ii to be the person who executed the within instrum ent as
sE President, and DANIEL L. JUNG
b personally known to me (or proved to me on the basis of satisftioy cvidcnce)
iL to be the person who executed the within i&trument as Sacretary or on behalf of the corporation tbuein named and ackn?wkdqd
tT to me that tbe corporation
t
named and ackn executed it on behalf ;f~~4~crAp t&rem cdtomethepartn
Signature N
FOR NOTARY SEAL OR STAMP
.
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sealempoweringthat officer to bind the corporation.)
APPROVED AS TO FORM:
:$ :,
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RESOLUTION NO. 732
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT APPROVING A CONSULTANT AGREEMENT TO OBTAIN A TEMPORARY WAIVER FOR FRAZEE, UKEGAWA AND CALTRANS CMWD PROJECT NO. 91-302
WHEREAS, the Carlsbad Municipal Water District requires
the services of a professional design engineering consultant to
prepare an application to the Regional Water Quality Control Board
for a waiver from existing waste discharge requirements for lands
farmed by Frazee, Ukegawa and CALTRANS which are north of Palomar
Airport Road. They also require an application for a waiver to
allow the use of effluent from the Shadowridge Water Reclamation
Facility for irrigation at Frazee, Ukegawa and CALTRANS; and
WHEREAS, a scope of work and consultant agreement has
been prepared for said services; and
WHEREAS, the Carlsbad Municipal Water District hereby
finds it necessary, desirable and in the public interest to approve
said agreement.
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NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
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2. That the consultant agreement between Dudek &
Associates, Inc. and the Carlsbad Municipal Water District is
hereby approved and the President and the Secretary are hereby
authorized and directed to forward copies of said agreement to
Dudek & Associates, Inc., 605 Third Street, Encinitas, California
92024, and the Carlsbad Municipal Water District.
PASSED, APPROVED AND ADOPTED at a special meeting of the
Carlsbad Municipal Water District held on the 23rd day of
ai1 , 1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson & Nygaard
NOES: None
ABSENT: Board Member Stanton
ATTEST:
ALETHA L. RAUTENKRANZ, Secreta*
(SEAL)
CMWD 91-302
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