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HomeMy WebLinkAbout1975-12-16; City Council; Resolution 38111 2 3 4 5 E 7 E E 1( 1: 1: 1: 11 11 11 1' 1 1 2 2 2 2 2 2 2 2 2 2. That the Mayor of the City of Carlsbad is hereby authorize RESOLUTION NO. 3811 16th day of December , 1975, by the following vote, to wit: AYES: Counci lmen Frazee Chase Lewis , Skotni cki 81 Counci 1 woman Casle A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND BERNARD J. O'NEILL FOR CONSULTING SERVICES REGARDING EMERGENCY POWER GENERATORS FOR SEWER LIFT STATIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Carlsbad, California, does nereby resolve as follows: and Bernard J. O'Neill for consulting services regarding emergency power generators for sewer lift stations, a copy of which is reference, is hereby approved. and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the NOES : None ABSENT: None ATTEST: (seal) EXHIBIT A AGREEMENT FOR CONSULTANT SERVICES TO ASSIST IN DEVELOPING SPECIFICATIONS AND IN THE PROCUREMENT OF AN EMERGENCY ELECTRICAL POWER GENERATOR FOR THE CITY OF CARLSBAD'S SEWER LIFT STATIONS This agreement made and entered into as of the 22ndday of December , 1975 by and between Bernard J. O'Neill, P.E., hereinafter referred to as Consultant, and the City of Carlsbad, hereinafter referred to as City WITNESSETH WHEREAS, the City requires consulting services to assist in developing specifications, evaluating bids and performing acceptance testing of emer- gency generating equipment required to provide stand-by power at the City's sewer lift stations; and WHEREAS, the City has solicited proposals for assistance; and WHEREAS, the Consultant is an electrical engineer with considerable background in emergency generation equipment, has provided consulting services to the City in the past and has an established reputation; NOW, THEREFORE, the parties hereunto agree as follows: Article I Scope of Services The Consultant will provide the necessary engineering services including : 1. 2. 3. 4. Detailed survey of each pumping station to determine existing and future loads, method of emergency power connections and electrical phase rotation of the existing electric service. Provide engineering drawings for construction work to be accomplished at each pump station to facilitate emergency power connections. tion to be included in operating/maintenance manuals which will become part of the generating unit. Provide technical specifications for the proposed trailer- mounted electric generating unit. The specific features to be determined pending survey of the loads to be served. Provide other services as follows: a. Proof-read and check all work performed by the City relating to the preparation of bidding documents for electric generating units. b. Prepare plans and specifications for construction work These drawings will be suitable for reduc- I' 5 Page Two C. d. e. f. g* to be performed by outside contractors should the City elect to award contracts for this phase of the work. Assist the City in evaluating submitted bids and/or proposals. Should the generating unit be custom-built in San Diego, visit and inspect the assembly work as it progresses. Should the unit be assembled outside San Diego County, other arrangements shall be incorporated regarding acceptance inspection and testing of the unit before delivery. Assist the factory representative regarding instructions to City operating/maintenance. personnel on the operation of the equipment. Conduct and witness field tests and operation of the unit and pumping station under simulated emergency conditions. Coordinate related activities between the City and the San Diego Gas and Electric Co. as may be required. Article I1 Scope of City Staff Assistance The City will provide clerical, printing and drafting services. Article I11 Progress and Completion Services described herein shall begin promptly following written authorization by the City. Article I shall be completed within thirty (30) calendar days. Completion of the work as described in Ak Fees for services described in Article I of this agreement will be based on costs based on rates in proposal dated November 11, 1975, a copy of which is attached hereto and incorporated herein by reference, except that the total fee for engineering services will not exceed the guaranteed maximum fee given in Article V. Article V Guaranteed Maximum Fee The guaranteed maximum fee for services described in Article I shall be $2,405.00. Article VI Payment of Fees Charges determined on the basis set forth in Article IV shall be paid on the completion of the project. Page Three Article VI1 Responsibility of Consultant The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make in the course of this pro j ec t . Article VI11 Changes in the Scope of the Project If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Article I has commenced, the Consultant shall submit his estimate of increased costs to the City Manager for approval prior to undertaking any additional work. Article IX Suspension or Termination of Services The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant a notice in writing. In the event of termination, the Consultant shall be paid for the work accomplished to the date of termination in accordance with Article IV. Upon request of the City, the Consultant shall assemble the work product and put the same in proper order for proper filing and closing and deliver said product to the City. Article X Status of Consultant The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. Article XI Ownership of Documents All maps, studies, sketches, work sheets and documents 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 termizlated, all documents, plans, work sheets, etc. shall be delivered forthwith to the City. Article XI1 Assignment of Contract The Consultant shall not assign this contract or any part thereof Page Four or any monies due or to become due or to become due thereunder without the prior written consent-of City Public Works Administrator. Article XI11 Subcontractor The Consultant shall not subcontract any of the work to be per- formed under this agreement. Article XIV Prohibited Interest No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve this contract shall become directly or indirectly interested personally in this contract or any part thereof. Article XV 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. Verbal agreement or Conversation No verbal agreement or conversation with any officer, agent or Article XVI Effective Date This contract shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: rflw Adam&, City Clerk City Attorney c/