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HomeMy WebLinkAbout1979-06-05; City Council; Resolution 57921 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMEW BETWEEN THE CITY OF CARLSBAD AND VTN FOR CONSULTING SERVICES FOR THE PREPARATION OF A STORM DRAIN MASTER PLAN The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The certain agreement between the City of Carlsbad and VTN for consulting services for preparation of a Storm Drain Master Plan, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. 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 held the 5 t h day of J u ne following vote, to wit: 1979, by the AYES: Councilmen Packard, Skotnicki , Anear, Lewis and NOES: NONE Counci 1 woman Cas1 er ABSENT: NONE ATTEST : ALETHA L . , ?f%GiZ- RAUTENKRANZ , CITY CLERK , .. .. AGREEPlENT FOR CONSULTING SERVICES e THIS AGREEMENT, made and entered into as of the 15th day.0-f June , 1979, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and VTN, SAN DIEGO, a California corporation, hereinafter referred to as "Consultant." W I T N E S S E T H .: WHEREAS, the City requires the services of an engineering consult- ing firm to \provide the necessary engineering services for the City's Master Drainage P1 an; WHEREAS, Consultant possesses the necessary skills and qualifications to provide the services required by the City; City to perform the professional services in connection with the preparation of said blaster Drainage Study, and WHEREAS, Consul tant has submitted proposals dated May 4, 1979 to P WHEREAS, City desires to accept a modified scope of services as set forth irr Exhibit "A", attached hereto, NOW, Therefore, the parties hereunto agree as follows: Article 1 : Scope of Consultant Services a. City engages Consultant to perform the scope of services described in Exhibit "A". Q Article 11 : Scope of City Staff Responsibilities City shall make available all records9 reports and other documenta- tion deemed necessary by Consultant to properly perform the services required by the City. 0 -2- 0 + Article 11 1 : Compensation ' City shall compensate Consultant for services performed under Article 1 as follows: a. Consultant agrees to perform said services upon the terms and conditions herein set forth. Consultant shall perform all such services in a thorough, competent, professional and workmanlike manner, for a lump sum fee of $50,000. b. City shall compensate Consultant for the services performed c hereunder on a monthly basis within thirty (30) days of receipt of Consultant's tnvoice for the services performed in the previous month. The Consultant's fee schedule is described in Exhibit C. Article lV: Time for Completion The City and Consultant have agreed ,that services described in . Exhibit A will be completed within six (6) months of the'Notice to Proceed. The proposed schedule is described in Exhibit 8. Article V: Representation Consultant shall designate a representative acceptable to City who may be changed by giving the City at least two (2) weeks' prior written notice of said change. such request, change Consultant's representattve to a representative of Con- City may request, and Consultant shall, upon receipt.of sultant who is acceptable to City. In the event of said request, City shall give Consultant a?t least thirty (30) days' prior written notice of such request for change. Article Vl : Responsibi 1 i ty of Consul tant The Consultant is hired to render a professional service only, I and any payments-made to Consultant are compensation solely for such services.as Consultant may render and recommendations Consultant may make in the course of the project. to consultant's findings, recommendations, or professional advice other than they The Consultant makes no warranty, either expressed or implied, as ' A -s+rr- CnITn~inn nrictice usual to the consultant profession. Article Vll: Suspension or Termination of Services . This agreement may be terminated by either party upon tendering thirty (30) days' written notice to the other party. .tion, the Consultant shall be paid for the work accomplished to the date of In ihe event of termina- termination. product and put same in order for proper filing and closing and deliver said product to the City. Upon request of the City, the Consultant shall assemble the work In such event, the Consultant shall be paid for said final work in accordance with Article 111. c Article V111: Status of the Consul tant 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 City: Consultant shall be under control of the City only as to the result 'to.be accomplished and the . representative assigned to the City, Article 1X: Master Drainage Plan Copies Consultant shall provide twenty five copies of the Master Drainage .. . Plan. Article X: Ownership of Documents All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City whether the work for which they are made be executed or not. 0 In the event this contra'ct is terminated, all documents, plans, specifications, drawings, reports and studies shall be de- livered forthwith & the City. The Consul tant may. retain copi es . Article X1: Hold Harmless Agreemes The Gity,- it agents, officers, and employees shall not be liable . .for any claims, liabilities, penalties, fines, or any damage to goods, proper- ties, or effects of any person whatever, nor for personal i'njuries to or death of 0 -4- e ' them caused by or resulting from or resulting from any, act of negligence of Consultant or Consultant's agents, employees or representati ves. Con- sultant further agrees to indemnify and save free and hatmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor, including claims by reason of defects in any plans and specifications. Article X11: Assignment of Contract Thi Consultant shall not assign this contract or any part thereof . or any monies due-m to become due thereunder without prior written consent of the City. Article X171 :Subcontracting If the Consultant shall subcontract any of the work to be performed . ' under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the per- sons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained 7'n this contract shall create any contractual relationship between any subcontractor of Consultant and the City. tractor and every subcontractor of a L subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the The Consultant shall bind every subcon- e subcontract in question approved in writing by the City. Article X1v: Prohibited Interest No offfcial of the City who is authorized in such capacity on behalf of the City to negoitiate, make, accept, or approve, or take part in nego- tiating, making, accepting, or approving of any architectural, engineering inspec- tion, construction, or material supply contractop, or any subcontract in connec- tion, with the construction of the project shall become directly or indirectly a ,-5- . interested 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 au- thorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. . Article XV: Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent, or employee of the dity, either before, during, or after the execution of this con- ' tract, shbll 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; Article XVl : Successors or Assigns - Subject to the provisions of Article X1, all terms, conditions, ~ ' .and provisions hereof shall inure to and shall b<nd each of the parties hereto, and each of thei r respective heirs , executors , admi ni strators , successors, and assigns . Article XVl1: Effective Date This contract shalt be effective on and from the day and year first above written. / IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD VTN CWSOLIDATED, IiX . 1 'I .. ATTEST: a -6- APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY VTORNEY -L I', ,I I, . -- .__ ._ ,~ .. . 0 24 May 1979 EXHIB1.T A. PROJECT APPROACH AND SCOPE OF WORK The proposed sequence of work includes these major tasks: 1. General Investigation and Research 2. Hydrologic Analysis 3. Recomnended Flood Control and Drainage Plan 4. Preliminary Cost Estimates 5. Priiority Rating System and Matrix . 6. Methods and Concepts of Financing and Management 7. Report Preparation A schedule of the sequence of work is provided in Section D. Following is a discussion of each category. - 1. GENERAL INVESTIGATION AND RESEARCH After notice to proceed is given, VTN will comence research of existing studies in relation to the Master Drainage Study. Count-y of San Diego, the U.S. Army Corps of Engineers, and the Department of Kater Resources have prepared hydro1 ogy and flood.pl ain studies on major watercourses, which wi 11 be reviewed and eval uated. Other General Plan documents and planning and engineering policies , will be investigated in relation to the Master Ijrainage Study to provide a compatible drainage and flood control plan. It is understood that the City will provide a mapped inventory of existing drainage facilities which will be reviewed and analyzed by VTN to assess their adequacy and relation to proposed facilities. will be conducted to supplement topographic information and available records. The' . A field review of existing facilities and proposed alignments VTN will coordinate with other agencies such as the Corps of Engineers, the State and the County Flood Control District to prevent duplication of work.. , . ...A,-, -. . &I .. ^ 6. ... .. . . ' . ._.I .... . I. . . 24 May 1979 Page 2 2. HYDROLOGIC ANALYSIS . \KN will perform a hydrologic analysis of the study area, in- corporating projected land use plans and policies as determined by existing planning documents and city directions. Existing hydrologic studies will be utilized to the fullest extent for major watercourses such as Buena Vista Creek, Aqua Hedionda Creek, San Marcos Creek, arid Encfnitas Creek. Hydrologic studies will be pepformed on existing facilities to fietennine their adequacy relative to .existing criteria, historic flooding problems, and their relationship to proposed facilities. In presently undeveloped areas hydrology will be prepared for water- courses assuming faci 1 i ties compatible with general plan 1 and uses and planning policies. Those facilities which are not pipelines will be identified by Thus, the environmental corridors, open discussion with City staff. channels, and other areas requiring special treatment will be determi.ned prior to analyses. areas, simple alignments , generally following the natural drainage courses, will be selected. These will not necessarily be the align- ments selected during tract. development , but will be an approximation for cost .estimating and drainage fee cal culatiuns. If pipes are anticipated in undeveloped A Modified Rational Methdd analysis will be used to size storm drains on small basins, generally less than one square mile. . a computerized version developed which allows for a variable runoff coefFicient as a function of intensity. For developed urban areas, the computer can compute combination street and storm drain capacities thils optimizing system costs- For larger drainage areas, VTN has a computer version of the County's Modified S.C.S. .includes the ability to rout storm hydrographs through reservoirs and detention basins. . . VTN has ,. Dimensionless Unit Hydrograph Method, which County methodology, criteria, and data as provided in The Flood Control District's DESIGN AND PROCEDURE MANUAL and the Department of Sanitation and Flood Control's HYDROLOGY MANUAL will be used in the hydrologic analysis. complement the County's manuals . hydsaul ic data, verify locations and dimensions of existing drainage facilities, and investigate potential sites for dams, detention basins, and debris basins. . Other references will be used as required to A field reconnaissdnce will be performed to obtain hydrologic and * . i a 0 24 May 1979 Page 3 A qualftative analysis will be undertaken to *determine the effects of sedimentation in 'lagoons from erosion caused by runoff. data from agency records will be reviewed and discussed with recommenda- tions for proposed policies where needed. - FLOOD CONTROL AND DRAINAGE PLAN existing stwm drain system and in areas of projected development mendations based on a generalized economic analysis, policy considerations, and hydraulic requirements, assuming five basins Flood-control and drainage facilities will be sized using assumed uniform flow according to Mannings' formula applicable criteria, using charts nombgraphs, and computer analysis. facilities 39 inches in diameter or larger. recommended, velocities wi 11 be determined based on normal depth consi der- ations and bank projection or channel stabilization measures will be in- vesti gated. Existing - 3. Facilities will be recommended where there are deficiencies in the Use of detention and debris basins Mil1 be investigated with reco- e The pl an wi 1 1 include Where natural channels are Wi ght-of-way requirements will be determined for recommended faci J- In undeveloped i'ties based on right-of-way analysis in developed areas. areas dedications by private development will be assumed. will be displayed on one inch equals 400' scale mylar orthophoto topo- graphic maps provided by the City. Proposed storm drains, flood control debris and detention facilities These maps can then be updated by the . City as devejoped occurs. The Plan will sbow sizes, flows, drainage areas and preliminary A one inch equals 2000' scale map will be prepared showing the proposed alignments for proposed facilities. backbone dra-inage system and recommended drainage improvement districts for implementing Master Plan facilities in the undeveloped areas. s 4. PRELIMINARY COST ESTIMATE VTN will prepare preliminary cost estimates for proposed facilities, including right-of-way costs based on right-of-way acquisi tioi? requirements for facilities in developed areas. establish development impact fees and drainage acreage fees for 'improve- ment districts. These estimates can then be used to Construction cost estimates will be made for facilities including channels detention basins, debris basins,. storm drains, catch basins and appurtenances. Summaries of costs by line and area will be provided to . . 24 May 1979 Page 4 .. develop drainage acreage fees. tingency costs will be included. estimated based on right-of-way analysis assumed unit costs and other appropriate criteria, Administrati on engineering and con- Costs for right-of-way will be ' Requirements for catch basins and connector pipes will be determ'ineci based on rule-of-thumb methods, such as assuming a discharge valve per 1 ineal foot of opening. Headwalqs, junction structures, cleanouts, .and box culverts will be itemized and included in the cost estimates. VTN has developed a computer program for estimating construction costs of master plan drainage facilities. lased for the master drainage plan of the cities of Oceanside, Fullerton, and P1 acenti a. projects, and adjusted for inflation to a date the City selects as likely for adoption of the drainage acreage fees. it has been successfully The unit costs selected would be based on actual-bid construction .. The advantage of the above computer program is in the ability to change the unit prices for a revised computation the next time the City desires an update of the drainage acreage fees. changed individually or inflated equally by a factor (say a ratio of the Engineer-News Record, Construction Cost Index, for any two periods). The same line items would be utilized with the revised unit price thus greatly reducing the cost of revising drainage acreage fees. The prices can be 5: . PRIORITY RATING SYSTEM AND 'MATRIX A matrix of priority rating factors will be developed to include pub1 i 6 safety, property damage, benefits growth rates and 1 and use, existing and potential problems, existing protectioi:, and other factors as necessary. ation with City staff. tion of facilities in each basin. Evaluation and weighting will be accomplished by coordin- An integrated priority schedule will be developed for the implementa- 6. METHOiDS AND CONCEPTS OF FINANCING AND MANAGEMENT VTN will investigate alternative methods and concepts of financing and make appropriate recommendations. Development impact fees, sub- zones, assessment districts, user fees, Flood Control District Zone in- formation, and state and federal project funding will be considered. Priorities for financing will be established based on the priority rating matrix and rezommended financing methods. A plan will be developed indicating proposed improvement districts and appropriate drainage average fees. 7. 0 REPORT PREPARATION 24 May 1979 Page 5 A bound, lithograph printed report will be prepared for the Master Drainage Study. Twenty five copies will be provided to the City. The report wjll include descriptive and analytical analysis of the components of the study, maps, charts, tables, schedules, and analysns of facilities and areas. An index will be included. Progress reports will be s'ubmitted at periodic intervals for review by the City. prior to final pub1 ication. A draft report will be submi.tted as shown on the schedule . - _---e ..- - __--_. .. 0- -- -. -2 - _. - A. $G 0 EXHIBIT C, VTN CONSOLIDATED, INC. SCHEDULE OF RATES a (Effective June I, 1979) .- .- Classifications Hourly Rates Principal $ 55.00 Project Manager $ 43.00 Senior Engi new $ 38.00 Senior Designer .- $ 35.00 - Des i gner . $ 30.00 . Draftsman/Techni ci an I $ 27.00 Draftsman/Technician II - $ 24.00 C1 er i ca 1 .. .. -. - $ 15-00 Apprentice . $'t1.00 .a > Computer at $75.00 per hour Reproductions (blueprint and xeroxing) at cost plus 10% administrative t4i'leage - Company auto, beyond 25-mile radius - $0.78 per mile Travel and expenses at cost The above hourly rates will be periodically adjusted with minimum 30 days' notice to Client