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Home My WebLink About1977-12-06; City Council; Resolution 52721 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND C M ENGINEERING ASSOCIATES FOR DESIGN OF A MIXING SYSTEM FOR DIGESTER NO. 2 AT THE ENCINA WATER POLLUTION CONTROL FACILITY BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That that certain agreement between the City of Carlsbad and C M Engineering Associates for design of a mixing system for Digester No. 2 at the Encina Water Pollution Control Facility, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized 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 6th day of December , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard and Councilwoman Casler NOES : None ABSENT : Councilman Skotnicki ATTEST : (SEAL) EXH I B IT "A" Design of a Mixing System for Digester No. 2 at the Encina Water Pollution Control Facility in the City of Carlsbad, California THIS AGREEMENT made and entered into as of the 6th day of December I 1977 by and between C M Engineering Associates hereinafter re- ferred to as "Consultant", and the City of Carlsbad, hereinafter referred to as "City" WITNESSETH: WHEmAS, the City is administrator of the contracts for operation and maintenance of the Joint Sewer System: and .. WHEREAS, the City has been authorized by the Encina Joint Advisory Committee to contract for engineering services for design of a mixing system for Digester No, 2 at the Encina Water Pollution Control Facility; and WHEREAS, the firm of CM Engineering Associates has submitted a pro- posal in writing to perform the consulting services; and WHEREAS, it is advantageous for the City to retain the services of CM Engineering Associates as Consultant to perform the services in the manner, at the time, and for the compensation set forth herein: NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I - Scope of Consultant Services 1. The preparation of complete plans and specifications for the fabrication and installation of a mixing system, including all appurtenances for Digester No. 2. 2. Qualification and evaluation of bids. e 3. Inspection of the entire project, including both the fabrication of com- ponents and the onsite installation of the system. Provide an Operations and Maintenance Manual for the system. 4. 5. Provide onsite start-up assistance. ARTICLE I1 - Scope of City Staff Responsibilities 1. City Staff will review the plans and specifications prior to their com- pletion by the Consultant, 2. The City will advertise for bids for the fabrication and installation of the Digester Mixing System. The City will provide inspection assistance during the project. 3. ARTICLE 111 - Progress and Completion The Consultant services specified herein shall begin promptly fol- ... lowing written authorization by the Encina General Manager. The plans, specifications and cost estimate shall be completed within 60 calendar days. ARTICLE IV - Compensation CM Engineering Associates will provide the professional services described in Article I on a time and material basis in accordance with the attached compensation schedule identified as Exhibit B. ARTICLE V - Guaranteed Maximum Fee The guaranteed maximum fee for professional services described in Article I shall be $4,600.00. ARTICLE VI - Payment of Fee Payment will be made in two parts; the first upon completion of the -2- plans and specifications and the last upon completion of the entire service described in Article I. ARTICLE VI1 - Responsibility of the Consultant The Consultant is hired to render a professional service only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the course of the project. sultant makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice other than they are promulgated after The Con- following a practice usual to the consultant profession, ARTICLE VI11 - Suspension or Termination of Services "he City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant notice .* in writing. In the event of termination, the Consultant shall be paid for the work accomplished to the date of termiantion, 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 the City, Consultant shall be paid for said final work, but in no event shall the fee In such event, the for said final work exceed ten percent (10%) of the guaranteed maxi" fee, nor shall the total fee exceed the guaranteed maximum. City shall make the final determination as to the portions of the tasks completed and the compen- sation to be made. ARTICLE IX - Status of the Consultant The Consultant shall perform the services provided for herein in his own way as an independent contractor and in pursuit of his independent -3- calling, and not as an employee of the City. He shall be under control of the City only as to the result to be accomplished and personnel or construc- tion firms to be assigned to the project. signed to the project shall be subject to the approval of the Encina General The professional firms to be as- Manager. ARTICLE X - Conformity to Legal Requirements The Consultant shall cause all drawings and specifications to con- form to all applicable requirements of law; federal, state, and local. He shall provide the necessary copies of such drawings and specifications, to- gether with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XI - Ownership of Documents All plans, studies, sketches, drawings and 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, a11 documents, plans, specifications, and drawings of the facility shall be delivered forth- with to the City. ARTICLE XI1 - 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, pro- perties, or effects of any person whatever, nor for personal injuries to or death of them caused by or resulting from or claimed to have been caused by or resulting from any act or omission of Consultant or his agents, employees, or representatives. harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and ex- Consultant further agrees to indemnify and save free and -4- pense that is incurred by the City on account of any claim therefor, includ- ing claims by reason of alleged defects in the plans and specifications. ARTICLE XI11 - Assignment of Contract The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder without the prior written con- sent of the City. ARTICLE XIV - Subcontracting If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, he shall be fully responsible to the City for the acts and omissions of his subcontractor and of the persons either directly or indirectly employed by the subcontractor, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this .* contract shall create any contractual relationship between any subcontractor of the Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract appli- cable to his work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XV - 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 subcontract in connection with the construction of the project shall become directly or indirectly in- terested personally in this contract or in any part thereof, No officer, em- ployee, architect, attorney, engineer, or inspector of or for the City who is -5- authorized in such capacity and on behalf of the City to exercise any execu- tive, supervisory, or other similar functions in connection with the perform- ance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. ARTICLE XVI -.Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent, or em- ployee of the City, either before, during, or after the execution of this con- tract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Consultant to any addi- tional payment whatsoever under the terms of this contract. ARTICLE XVII - Successors or Assigns Subject to the provisions of Article XIII, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns, - ARTICLE XVIII - 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 : CITY OF CARLSBAD A BY ROB6RT C. FRAZEE, Mayor 4 APPROVED AS TO FORM: C €4 ENGINEERING ASWTATES / ' r' 'i BY fl?J&,g&& i YIXfCEfi F. BIONDO, Jr. City Attorney Executive Vice President 'RichardOJ. Rieker -. 6 -